33 U.S.C. § 1368 (NAVIGATION AND NAVIGABLE WATERS)
§ 1368. Federal procurement
(a) Contracts with violators prohibited
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) Notification of agencies
The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.
(c) Omitted
(d) Exemptions
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) Annual report to Congress
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) Contractor certification or contract clause in acquisition of commercial items
(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items 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 term “commercial item” has the meaning given such term in section 103 of title 41.
(June 30, 1948, ch. 758, title V, § 508, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 103–355, title VIII, § 8301(a), Oct. 13, 1994, 108 Stat. 3396; Pub. L. 115–232, div. A, title VIII, § 836(g)(5), Aug. 13, 2018, 132 Stat. 1873.)
heading: Amendment of Subsection (f)
text: Pub. L. 115–232, div. A, title VIII, § 836(g)(5), (h), Aug. 13, 2018, 132 Stat. 1873, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (f) of this section is amended as follows:
(1) in paragraph (1), by striking “commercial items” and inserting “commercial products or commercial services”; and
(2) in paragraph (2), by striking “the term” and all that follows and inserting “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41.”.
See 2018 Amendment notes below.
heading: Codification
text: 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.
In subsec. (f)(2), “section 103 of title 41” substituted for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
heading: Amendments
text: 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 sections 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).
heading: Effective Date of 2018 Amendment
text: Amendment 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.
heading: Effective Date of 1994 Amendment
text: For 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 2302 of Title 10, Armed Forces.
heading: Administration of Chapter With Respect to Federal Contracts, Grants, or Loans
text: For 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.