
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2384]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2384. Supplies: identification of supplier and sources

    (a) The Secretary of Defense shall require that the contractor under 
a contract with the Department of Defense for the furnishing of supplies 
to the United States shall mark or otherwise identify supplies furnished 
under the contract with the identity of the contractor, the national 
stock number for the supplies furnished (if there is such a number), and 
the contractor's identification number for the supplies.
    (b)(1) The Secretary of Defense shall prescribe regulations 
requiring that, whenever practicable, each contract requiring the 
delivery of supplies (other than a contract described in paragraph (2)) 
shall require that the contractor identify--
        (A) the actual manufacturer or producer of the item or of all 
    sources of supply of the contractor for that item;
        (B) the national stock number of the item (if there is such a 
    number) and the identification number of the actual manufacturer or 
    producer of the item or of each source of supply of the contractor 
    for the item; and
        (C) the source of any technical data delivered under the 
    contract.

    (2) The regulations prescribed pursuant to paragraph (1) do not 
apply to a contract that requires the delivery of supplies that are 
commercial items (as defined in section 4(12) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(12))).
    (3) The regulations prescribed pursuant to paragraph (1) do not 
apply to a contract for an amount not greater than the simplified 
acquisition threshold (as defined in section 4(11) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403(11))).
    (c) Identification of supplies and technical data under this section 
shall be made in the manner and with respect to the supplies prescribed 
by the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 137; Pub. L. 98-525, title XII, 
Sec. 1231(a), Oct. 19, 1984, 98 Stat. 2599; Pub. L. 99-500, Sec. 101(c) 
[title X, Sec. 928(a)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-156, and 
Pub. L. 99-591, Sec. 101(c) [title X, Sec. 928(a)], Oct. 30, 1986, 100 
Stat. 3341-82, 3341-156; Pub. L. 99-661, div. A, title IX, formerly 
title IV, Sec. 928(a), Nov. 14, 1986, 100 Stat. 3936, renumbered title 
IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 
103-355, title IV, Sec. 4102(d), title VIII, Sec. 8105(b), Oct. 13, 
1994, 108 Stat. 3340, 3392; Pub. L. 104-106, div. D, title XLIII, 
Sec. 4321(b)(12), Feb. 10, 1996, 110 Stat. 672.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
2384..................................  10:1207.                             R.
S. 3731.
                                        34:583.
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---------------------------------

    The words ``Each contractor'' are substituted for the words ``Every 
person''. The word ``his'' is substituted for the words ``the name of 
the contractor furnishing such supplies''. The words ``of any kind'' and 
``and distinguish [distinguished]'' are omitted as surplusage. The word 
``may'' is substituted for the word ``shall''.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                               Amendments

    1996--Subsec. (b)(2). Pub. L. 104-106, Sec. 4321(b)(12)(A), 
substituted ``items (as'' for ``items, as'' and inserted a closing 
parenthesis after ``403(12))''.
    Subsec. (b)(3). Pub. L. 104-106, Sec. 4321(b)(12)(B), inserted a 
closing parenthesis after ``403(11))''.
    1994--Subsec. (b)(2). Pub. L. 103-355, Sec. 8105(b), amended par. 
(2) generally. Prior to amendment, par. (2) read as follows: ``Paragraph 
(1) does not apply to a contract that requires the delivery of supplies 
that are commercial items sold in substantial quantities to the general 
public if the contract--
        ``(A) provides for the acquisition of such supplies by the 
    Department of Defense at established catalog or market prices; or
        ``(B) is awarded through the use of competitive procedures.''
    Subsec. (b)(3). Pub. L. 103-355, Sec. 4102(d), added par. (3).
    1986--Subsec. (b). Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-
661, amended subsec. (b) identically, designating existing provision as 
par. (1), redesignating former pars. (1) to (3) as subpars. (A) to (C), 
respectively, and inserting in provision preceding subpar. (A) ``(other 
than a contract described in paragraph (2))'', and adding par. (2).
    1984--Pub. L. 98-525 amended section generally, substituting 
``identification of supplier and sources'' for ``marking with name of 
contractor'' in section catchline, and, in text, substituting provisions 
designated subsec. (a) and relating to the marking of supplies, 
providing the national stock number for the supplies furnished, and the 
contractor's identification number for requirement that each contractor 
furnishing supplies to a military department mark the supplies with his 
name in the manner directed by the Secretary of the Department and 
prohibition of receipt of supplies unless so marked and adding subsecs. 
(b) and (c).


                    Effective Date of 1996 Amendment

    For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under 
section 251 of Title 41, Public Contracts.


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.


                    Effective Date of 1986 Amendment

    Section 101(c) [title X, Sec. 928(b)] of Pub. L. 99-500 and Pub. L. 
99-591, and section 928(b) of title IX, formerly title IV, of Pub. L. 
99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 
101 Stat. 273, provided that: ``The amendments made by subsection (a) 
[amending this section] shall apply with respect to contracts entered 
into after the end of the 180-day period beginning on the date of the 
enactment of this Act [Oct. 18, 1986].''


                    Effective Date of 1984 Amendment

    Section 1231(b) of Pub. L. 98-525 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect at the 
end of the one-year period beginning on the date of the enactment of 
this Act [Oct. 19, 1984].''
