§ 1368. — Federal procurement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1368]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 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 403(12) of title 41.
(June 30, 1948, ch. 758, title V, Sec. 508, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 103-355, title
VIII, Sec. 8301(a), Oct. 13, 1994, 108 Stat. 3396.)
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
1994--Subsec. (f). Pub. L. 103-355 added subsec. (f).
Effective Date of 1994 Amendment
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 251 of Title 41, Public Contracts.
Administration of Chapter With Respect to Federal Contracts, Grants, or
Loans
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.
