Sec. 103. Ban on hiring contracting officials enforceable on certain contracts
625 words·~3 min read·
/bill/118/s/2050/is/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any contract for the procurement of goods or services, other than a contract for the procurement of commercial products or services, with a value of excess of $10,000,000 shall include a contract clause prohibiting the contractor from providing compensation to a former Department of Defense official described in paragraph
(2)within four years after such former official leaves service in the Department of Defense. An official or former official of the Department of Defense is covered by the requirements of this section if such official or former official is a former officer or employee of the Department of Defense or a former or retired member of the Armed Forces who served as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team or directly managed someone in these roles for a contract with a value in excess of $10,000,000, and such person— participated in the contract or license selection; determined or signed off on the technical requirements of the contract or license; or granted the contract or license. In the event that an official or former official of the Department of Defense described in subsection (a)(2), or a Department of Defense contractor, knowingly fails to comply with the requirements of this subsection, the Secretary of Defense may take any of the administrative actions set forth in section 2105 of title 41, United States Code, that the Secretary of Defense determines to be appropriate. In this section: The term commercial product means any of the following: A product, other than real property, that— is customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and has been sold, leased, or licensed to the general public. A product that— evolved from a product described in subparagraph
(A)through advances in technology or performance; and 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. A product that would satisfy the criteria in subparagraph
(A)or
(B)were it not for— modifications customarily available in the commercial marketplace; or minor modifications made to meet Federal Government requirements. Any combination of products meeting the requirements of subparagraph (A), (B), or
(C)that are customarily combined and sold in combination to the general public. A product, or combination of products, referred to in subparagraphs
(A)through (D), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— the product was developed exclusively at private expense; and has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments. The term commercial service means any of the following: Installation services, maintenance services, repair services, training services, and other services if— those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government. Services of a type sold competitively, in substantial quantities, in the commercial marketplace— based on established catalog or market prices; for specific tasks performed or specific outcomes to be achieved; and under standard commercial terms and conditions. A service described in subparagraph
(A)or (B), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.