
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: 10USC2410g]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
            CHAPTER 141--MISCELLANEOUS PROCUREMENT PROVISIONS
 
Sec. 2410g. Advance notification of contract performance outside 
        the United States
        
    (a) Notification.--(1) A firm that is performing a Department of 
Defense contract for an amount exceeding $10,000,000, or is submitting a 
bid or proposal for such a contract, shall notify the Department of 
Defense in advance of any intention of the firm or any first-tier 
subcontractor of the firm to perform outside the United States and 
Canada any part of the contract that exceeds $500,000 in value and could 
be performed inside the United States or Canada.
    (2) If a firm submitting a bid or proposal for a Department of 
Defense contract is required to submit a notification under this 
subsection, and the firm is aware, at the time it submits its bid or 
proposal, that the firm intends to perform outside the United States and 
Canada any part of the contract that exceeds $500,000 in value and could 
be performed inside the United States or Canada, the firm shall include 
the notification in its bid or proposal.
    (3) The notification by a firm under paragraph (1) with respect to a 
first-tier subcontractor shall be made, to the maximum extent 
practicable, at least 30 days before award of the subcontract.
    (b) Recipient of Notification.--The firm shall transmit the 
notification--
        (1) in the case of a contract of a military department, to such 
    officer or employee of that military department as the Secretary of 
    the military department may direct; and
        (2) in the case of any other Department of Defense contract, to 
    such officer or employee of the Department of Defense as the 
    Secretary of Defense may direct.

    (c) Availability of Notifications.--The Secretary of Defense shall 
ensure that the notifications (or copies) are maintained in compiled 
form for a period of 5 years after the date of submission and are 
available for use in the preparation of the national defense technology 
and industrial base assessment carried out under section 2505 of this 
title.
    (d) Inapplicability to Certain Contracts.--This section shall not 
apply to contracts for any of the following:
        (1) Commercial items (as defined in section 4(12) of the Office 
    of Federal Procurement Policy Act (41 U.S.C. 403(12))).
        (2) Military construction.
        (3) Ores.
        (4) Natural gas.
        (5) Utilities.
        (6) Petroleum products and crudes.
        (7) Timber.
        (8) Subsistence.

(Added Pub. L. 102-484, div. A, title VIII, Sec. 840(a)(1), Oct. 23, 
1992, 106 Stat. 2466; amended Pub. L. 104-106, div. D, title XLIII, 
Sec. 4321(b)(16), Feb. 10, 1996, 110 Stat. 673.)


                               Amendments

    1996--Subsec. (d)(1). Pub. L. 104-106 inserted ``(as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(12)))'' before period at end.


                    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 1992 Amendment

    Section 840(b) of Pub. L. 102-484 provided that: ``Section 2410g of 
title 10, United States Code (as added by subsection (a)), shall take 
effect 90 days after the date of the enactment of this Act [Oct. 23, 
1992].''
