§ 4753. Supplies: identification of supplier and sources

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(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.

(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 products (as defined in section 103 of title 41).

(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 134 of title 41).

(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, § 2384; Pub. L. 98–525, title XII, § 1231(a), Oct. 19, 1984, 98 Stat. 2599; Pub. L. 99–500, § 101(c) [title X, § 928(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–156, and Pub. L. 99–591, § 101(c) [title X, § 928(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–156; Pub. L. 99–661, div. A, title IX, formerly title IV, § 928(a), Nov. 14, 1986, 100 Stat. 3936, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 103–355, title IV, § 4102(d), title VIII, § 8105(b), Oct. 13, 1994, 108 Stat. 3340, 3392;

Pub. L. 104–106, div. D, title XLIII, § 4321(b)(12), Feb. 10, 1996, 110 Stat. 672; Pub. L. 111–350, § 5(b)(23), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 115–232, div. A, title VIII, § 836(e)(2), Aug. 13, 2018, 132 Stat. 1869; renumbered § 4753, Pub. L. 116–283, div. A, title XVIII, § 1864(b), Jan. 1, 2021, 134 Stat. 4279.)

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”.

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U.S. Code