
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: 10USC2393]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2393. 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 in a file available for public inspection.
    (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 subcontracting for a temporary period of time because a concern 
    or individual is suspected of engaging in criminal, fraudulent, or 
    seriously improper conduct.

    (d) The Secretary of Defense shall prescribe in regulations a 
requirement that each contractor under contract with the Department of 
Defense shall require each contractor to whom it awards a contract (in 
this section referred to as a subcontractor) to disclose to the 
contractor whether the subcontractor is or is not, as of the time of the 
award of the subcontract, debarred or suspended by the Federal 
Government from Government contracting or subcontracting. The 
requirement shall apply to any subcontractor whose subcontract is in an 
amount 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))). The requirement shall not apply in the case of a subcontract 
for the acquisition of commercial items (as defined in section 4(12) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))).

(Added Pub. L. 97-86, title IX, Sec. 914(a), Dec. 1, 1981, 95 Stat. 
1124; amended Pub. L. 100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 
1987, 101 Stat. 1161; Pub. L. 101-510, div. A, title VIII, Sec. 813, 
Nov. 5, 1990, 104 Stat. 1596; Pub. L. 102-190, div. A, title X, 
Sec. 1061(a)(11), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103-355, title 
IV, Sec. 4102(e), title VIII, Sec. 8105(c), Oct. 13, 1994, 108 Stat. 
3340, 3392.)


                               Amendments

    1994--Subsec. (d). Pub. L. 103-355 substituted ``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))).'' for 
``above the small purchase amount established in section 2304(g) of this 
title.'' in second sentence and inserted at end ``The requirement shall 
not apply in the case of a subcontract for the acquisition of commercial 
items (as defined in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12))).''
    1991--Subsec. (d). Pub. L. 102-190 substituted ``Federal 
Government'' for ``Federal government''.
    1990--Subsec. (d). Pub. L. 101-510 added subsec. (d).
    1987--Subsec. (c). Pub. L. 100-180 inserted ``The term'' after each 
par. designation and revised first word in quotes in each par. to make 
initial letter of such word lowercase.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 2410f of this title; title 33 
section 569f.
