§1368 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Federal agencies must not award a contract to a person convicted under section 1319(c) if the work will be done at the same facility where the violation happened and that person owns, leases, or runs the facility. The ban stays in place until the Administrator certifies the problem has been fixed. The Administrator must set up a system to notify all federal agencies about these convictions. The President can waive these rules for a contract, loan, or grant if needed for the nation’s paramount interest, but must tell Congress. Each year the President must report to Congress on how these rules are working. Contracts for buying commercial products or commercial services cannot force a contractor to give a certification or include a clause to apply these rules; “commercial product” and “commercial service” have the meanings in sections 103 and 103a of title 41.

Title 33, §1368

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(a)No Federal agency may enter into any contract with any person, who has been convicted of any offense under section 1319(c) of this title, for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.

(b)The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.

(c)

(d)The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

(e)The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.

(f)(1)No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial products or commercial services in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.

(2)In paragraph (1), the terms “commercial product” and “commercial service” have the meanings given those terms in section 103 and 103a, respectively, of title 41.

Notes & Related Subsidiaries

Editorial Notes

Codification Subsec. (c) of this section authorized the President to cause to be issued, not more than 180 days after October 18, 1972, an order (1) requiring each Federal agency authorized to enter into contracts or to extend Federal assistance by way of grant, loan, or contract, to effectuate the purpose and policy of this chapter, and (2) setting forth procedures, sanctions and penalties as the President determines necessary to carry out such requirement.

Amendments

2018—Subsec. (f)(1). Pub. L. 115–232, § 836(g)(5)(A), substituted “commercial products or commercial services” for “commercial items”. Subsec. (f)(2). Pub. L. 115–232, § 836(g)(5)(B), substituted “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in section 103 and 103a, respectively, of title 41.” for “the term ‘commercial item’ has the meaning given such term in section 103 of title 41.” 1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

Effective Date

of 1994 AmendmentFor

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 8752 of Title 10, Armed Forces.

Executive Documents

Administration of Chapter With Respect to Federal Contracts, Grants, or LoansFor provisions concerning the administration of this chapter with respect to Federal contracts, grants, or loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under section 7606 of Title 42, The Public Health and Welfare.

§1368 Federal procurement

Summary

Title 33, §1368

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Effective Date

Savings Provision

Effective Date

Effective Date

Executive Documents

Citations & Metadata