§2309 — Title 41 Public Contracts | U.S. Code

Summary

A contractor cannot be forced to give up any constitutional right just to get a federal contract when the contract is about the Chemical Weapons Convention or the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.; the Convention is defined in section 3 (22 U.S.C. 6701)). An executive agency can still put a clause in a contract that lets the agency inspect the contractor’s work to make sure the contractor is doing what the contract requires.

Title 41, §2309

Public Contracts — Source: USLM XML via OLRC

(a)A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive a right under the Constitution for a purpose relating to the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as defined in section 3 of that Act (22 U.S.C. 6701)).

(b)Subsection (a) does not prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections to ensure that the contractor is performing the contract in accordance with the provisions of the contract.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 230941:436.Pub. L. 93–400, § 40, formerly § 39, as added Pub. L. 105–277, title III, § 308(a), Oct. 21, 1998, 112 Stat. 2681–879; renumbered § 40, Pub. L. 108–136, title XIV, § 1431(d)(2), Nov. 24, 2003, 117 Stat. 1672. In subsection (a), the reference is to the Chemical Weapons Convention Implementation Act of 1998 rather than the Chemical Weapons Convention Implementation Act of 1997 to correct an error in the source provision.

Editorial Notes

References in Text

The Chemical Weapons Convention Implementation Act of 1998, referred to in subsec. (a), is Pub. L. 105–277, div. I, Oct. 21, 1998, 112 Stat. 2681–856, which is classified principally to chapter 75 (§ 6701 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

Short Title

note set out under section 6701 of Title 22 and Tables.

§2309 Protection of constitutional rights of contractors