10 U.S.C. § 4603: Advance notification of…

Summary

Companies must tell the Department of Defense ahead of time if they have a DoD contract worth more than $10,000,000 (or are bidding on one) and they or a first-tier subcontractor plan to do any part of the work outside the United States and Canada that is worth more than $500,000 and could be done inside the United States or Canada. If the company knows this when it submits its bid, the notice must be included with the bid. Notices about first-tier subcontractors (those hired directly by the firm) should, as much as possible, be given at least 30 days before the subcontract is awarded. Send the notice to the person the military department’s Secretary names for that department, or to the person the Secretary of Defense names for other DoD contracts. The Secretary of Defense must keep the notices for 5 years and use them for the national defense technology and industrial base assessment. This rule does not apply to eight types of contracts, including commercial products or services, military construction, ores and fuels, utilities, timber, and subsistence.

Title 10, §4603

Armed Forces, Source: USLM XML via OLRC

(a)Notification.—

(1)A firm that is performing a Department of Defense contract for an amount exceeding $10,000,000, or is submitting a bid or proposal for such a contract, shall notify the Department of Defense in advance of any intention of the firm or any first-tier subcontractor of the firm to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada.

(2)If a firm submitting a bid or proposal for a Department of Defense contract is required to submit a notification under this subsection, and the firm is aware, at the time it submits its bid or proposal, that the firm intends to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada, the firm shall include the notification in its bid or proposal.

(3)The notification by a firm under paragraph (1) with respect to a first-tier subcontractor shall be made, to the maximum extent practicable, at least 30 days before award of the subcontract.

(b)Recipient of Notification.—

The firm shall transmit the notification—

(1)in the case of a contract of a military department, to such officer or employee of that military department as the Secretary of the military department may direct; and

(2)in the case of any other Department of Defense contract, to such officer or employee of the Department of Defense as the Secretary of Defense may direct.

(c)Availability of Notifications.—

The Secretary of Defense shall ensure that the notifications (or copies) are maintained in compiled form for a period of 5 years after the date of submission and are available for use in the preparation of the national defense technology and industrial base assessment carried out under section 4816 of this title.

(d)Inapplicability to Certain Contracts.—

This section shall not apply to contracts for any of the following:

(1)Commercial products or commercial services (as defined in section 103 and 103a, respectively, of title 41).

(2)Military construction.

(3)Ores.

(4)Natural gas.

(5)Utilities.

(6)Petroleum products and crudes.

(7)Timber.

(8)Subsistence.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1861(b), renumbered section 2410g of this title as this section. Subsec. (c). Pub. L. 116–283, § 1883(b)(2), substituted “section 4816” for “section 2505”. 2018—Subsec. (d)(1). Pub. L. 115–232 substituted “Commercial products or commercial services (as defined in section 103 and 103a, respectively, of title 41)” for “Commercial items (as defined in section 103 of title 41)”. 2011—Subsec. (d)(1). Pub. L. 111–350 substituted “section 103 of title 41)” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”. 1996—Subsec. (d)(1). Pub. L. 104–106 inserted “(as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

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 1996 AmendmentFor

Effective Date

and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title.

Effective Date

Pub. L. 102–484, div. A, title VIII, § 840(b), Oct. 23, 1992, 106 Stat. 2467, provided that: “Section 2410g of title 10, United States Code [now 10 U.S.C. 4603] (as added by subsection (a)), shall take effect 90 days after the date of the enactment of this Act [Oct. 23, 1992].”

§4603 Advance Notification of Contract Performance Outside the United States

Summary

Title 10, §4603

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

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Savings Provision

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Savings Provision

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