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33 U.S.C. § 1368 — Federal procurement

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1368 — Federal procurement

**(a) Contracts with violators prohibited** No Federal agency may enter into any contract with any person, who has been convicted of any offense under [section 1319(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1319/c&num=0&edition=prelim), for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected. **(b) Notification of agencies** The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section. **(c) Omitted** **(d) Exemptions** The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption. **(e) Annual report to Congress** The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance. **(f) Contractor certification or contract clause in acquisition of commercial products or commercial services** (1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial products or commercial services in order to implement a prohibition or requirement of this section or a prohibition

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Source file: Laws/federal/codes/united-states-code/title-33/section-1368-federal-procurement--db1bf18cf0.md
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Source location: Title 33, Chapter 26, § 1368; chapter-026-water-pollution-prevention-and-control.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 103 — Commercial product

In this subtitle, the term “commercial product” means any of the following: (1) A product, other than real property, that— (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. (2) A product that— (A) evolved from a product described in paragraph (1) through advances in technology or performance; and (B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation. (3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for— (A) modifications of a type customarily available in the commercial marketplace; or (B) minor modifications made to meet Federal Government requirements. (4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public. (5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. (6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— (A) the product was developed exclusively at private expense; and (B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7606 — Federal procurement

**(a) Contracts with violators prohibited** No Federal agency may enter into any contract with any person who is convicted of any offense under [section 7413(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7413/c&num=0&edition=prelim) for the procurement of goods, materials, and services to perform such contract at any facility at which the violation which gave rise to such conviction occurred if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such a conviction has been corrected. For convictions arising under [section 7413(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7413/c/2&num=0&edition=prelim), the condition giving rise to the conviction also shall be considered to include any substantive violation of this chapter associated with the violation of 7413(c)(2) of this title. The Administrator may extend this prohibition to other facilities owned or operated by the convicted person. **(b) Notification procedures** The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a). **(c) Federal agency contracts** In order to implement the purposes and policy of this chapter to protect and enhance the quality of the Nation’s air, the President shall, not more than 180 days after December 31, 1970, cause to be issued an order (1) requiring each Federal agency authorized to enter into contracts and each Federal agency which is empowered to extend Federal assistance by way of grant, loan, or contract to effectuate the purpose and policy of this chapter in such co

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8752 — Contracts for research

**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond. **(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 453b — Litigation management

**(a) Federal cause of action** (1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers. (2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. **(b) Special rules** In an action brought under this section for damages the following provisions apply: (1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment. (2) **Noneconomic damages** (A) *In general* — Noneconomic damages may be awarde

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1368 — Federal procurement

Page 588 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1368 (e) Investigations of employment reductions The Administrator shall conduct continuing evaluations of potential loss or shifts of employ- ment which may result from the issuance of any effluent limitation or order under this chapter, including, where appropriate, investigating threatened plant closures or reductions in em- ployment allegedly resulting from such limita- tion or order. Any employee who is discharged or laid-off, threatened with discharge or lay-off, or otherwise discriminated against by any per- son because of the alleged results of any effluent limitation or order issued under this chapter, or any representative of such employee, may re- quest the Administrator to conduct a full inves- tigation of the matter. The Administrator shall thereupon investigate the matter and, at the re- quest of any party, shall hold public hearings on not less than five days notice, and shall at such hearings require the parties, including the em- ployer involved, to present information relating to the actual or potential effect of such limita- tion or order on employment and on any alleged discharge, lay-off, or other discrimination and the detailed reasons or justification therefor. Any such hearing shall be of record and shall be subject to section 554 of title 5. Upon receiving the report of such investigation, the Adminis- trator shall make findings of fact as to the ef- fect of such effluent limitation or order on em- ployment and on the alleged discharge, lay-off, or discrimination and shall make such rec- ommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the public. Nothing in this sub- section shall be construed to require or author- i

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1368

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