§ 4655. Prohibition of contractors limiting subcontractor sales directly to the United States
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(a)Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not—
(1)enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or
(2)otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1).
(b)This section does not prohibit a contractor from asserting rights it otherwise has under law.
(c)This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in section 134 of title 41).
(1)An agreement between the contractor in a contract for the acquisition of commercial products or commercial services and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection
(a)if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial products or commercial services from that subcontractor.
(2)In paragraph (1), the terms “commercial product” and “commercial service” have the meanings given those terms in sections 103 and 103a, respectively, of title 41.
(Added Pub. L. 98–525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2601, § 2402; amended Pub. L. 103–355, title IV, § 4102(f), title VIII, § 8105(g), Oct. 13, 1994, 108 Stat. 3340, 3392; Pub. L. 111–350, § 5(b)(25), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 115–232, div. A, title VIII, § 836(e)(4), Aug. 13, 2018, 132 Stat. 1869; renumbered § 4655, Pub. L. 116–283, div. A, title XVIII, § 1862(b), Jan. 1, 2021, 134 Stat. 4277.)
Connections16 cite this · traces to 10
Cited by 16 sections · top 10
U.S. Code
CFR
Traces to 10 documents
U.S. Code
- Simplified acquisition threshold§ 134
- Arms and ammunition: agencies and departments of the United States§ 7655
- Renumbered § 4655]§ 2402
- Commercial product§ 103
- Defense acquisition system; element of the defense acquisition system§ 3001
- Requirement to buy certain items related to national security interests from American sources; exceptions§ 453b
- Contracts for research§ 8752
- Prohibition of contractors limiting subcontractor sales directly to the United States§ 4655
16 references not yet in our index
- Pub. L. 98–525, title XII, § 1234(a)
- 98 Stat. 2601
- Pub. L. 103–355, title IV, § 4102(f)
- 108 Stat. 3340
- Pub. L. 111–350, § 5(b)(25)
- 124 Stat. 3844
- 132 Stat. 1869
- 134 Stat. 4277
- Pub. L. 111–350, § 5(b)(25)(A)
- 41 U.S.C. 403(11)
- Pub. L. 111–350, § 5(b)(25)(B)
- 41 U.S.C. 403(12)
- Pub. L. 103–355
- section 10001 of Pub. L. 103–355
- Pub. L. 98–525, title XII, § 1234(c)
- 98 Stat. 2604
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§ 4655
Prohibition of contractors limiting subcontractor sales directly to the United States
Fed. Reg.×9
C.F.R.×5
U.S.C.×2
Pub. L.Pub. L. 98–525, title XII, § 1234(a)
Stat.98 Stat. 2601
Pub. L.Pub. L. 103–355, title IV, § 4102(f)
Cites 26 · showing 12Cited by 16 across 3 sources