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10 U.S.C. § 2393 — Renumbered § 4654]

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

10 U.S.C. § 2393 — Renumbered § 4654]

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

10 U.S.C. § 4654 — Prohibition against doing business with certain offerors or contractors

**(a)** (1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary’s knowledge has been debarred or suspended by another Federal agency unless— (A) in the case of debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and (B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired. (2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. **(b)** Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice on a publicly accessible website to the maximum extent practicable. **(c)** In this section: (1) The term “debar” means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. (2) The term “suspend” means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracti

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

10 U.S.C. § 2393 — Untitled legal text

Page 1921 TITLE 10—ARMED FORCES [§ 2395 retary of Defense. Such support may include the use and application of personnel, technical expertise, legal authorities, and available financial resources. This sup- port may be used, to the extent permitted by law, to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and commu- nities adversely affected by necessary Defense changes; (2) Afford priority consideration to requests from De- fense-affected communities for Federal technical as- sistance, financial resources, excess or surplus prop- erty, or other requirements, that are part of a com- prehensive plan used by the Committee. SEC. 6. Judicial Review. This order shall not be inter- preted to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, its agents, or any person. SEC. 7. Construction. (a) Nothing in this order shall be construed as subjecting any function vested by law in, or assigned pursuant to law to, any agency or head thereof to the authority of any other agency or officer or as abrogating or restricting any such function in any manner. (b) This order shall be effective immediately and shall supersede Executive Order No. 12049. [Amendment by Ex. Ord. 13378 directing insertion of ‘‘and’’ after ‘‘diminish;’’ in section 3(m) of Ex. Ord. 12788, was executed by substituting ‘‘; and’’ for the comma after ‘‘diminish’’.] § 2392. Process for strategic basing actions for the Department of the Air Force (a) PROGRAMMATIC BASING DECISIONS PROHIB- ITED.—The Secretary of the Air Force (or a des- ignee) shall not make any basing decision dur- ing the resource allocation plan or program ob- jective memorandum process.

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