§ 253g. — Prohibition of contractors limiting subcontractor sales directly to United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC253g]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 4--PROCUREMENT PROCEDURES
SUBCHAPTER IV--PROCUREMENT PROVISIONS
Sec. 253g. Prohibition of contractors limiting subcontractor
sales directly to United States
(a) Contract restrictions
Each contract for the purchase of property or services made by an
executive agency shall provide that the contractor will not--
(1) enter into any agreement with a subcontractor under the
contract that has the effect of unreasonably restricting sales by
the subcontractor directly to the United States of any item or
process (including computer software) made or furnished by the
subcontractor under the contract (or any follow-on production
contract); or
(2) otherwise act to restrict unreasonably the ability of a
subcontractor to make sales to the United States described in clause
(1).
(b) Rights under law
This section does not prohibit a contractor from asserting rights it
otherwise has under law.
(c) Inapplicability to certain contracts
This section does not apply to a contract for an amount that is not
greater than the simplified acquisition threshold.
(d) Inapplicability when Government treated similarly to other
purchasers
An agreement between the contractor in a contract for the
acquisition of commercial items and a subcontractor under such contract
that restricts sales by such subcontractor directly to persons other
than the contractor may not be considered to unreasonably restrict sales
by that subcontractor to the United States in violation of the provision
included in such contract pursuant to subsection (a) of this section if
the agreement does not result in the Federal Government being treated
differently with regard to the restriction than any other prospective
purchaser of such commercial items from that subcontractor.
(June 30, 1949, ch. 288, title III, Sec. 303G, formerly Sec. 303H, as
added Pub. L. 98-577, title II, Sec. 206(a), Oct. 30, 1984, 98 Stat.
3073; renumbered Sec. 303G, Pub. L. 99-145, title XIII,
Sec. 1304(c)(4)(A), Nov. 8, 1985, 99 Stat. 742; amended Pub. L. 103-355,
title IV, Sec. 4103(b), title VIII, Sec. 8204(a), Oct. 13, 1994, 108
Stat. 3341, 3396.)
Amendments
1994--Subsec. (c). Pub. L. 103-355, Sec. 4103(b), added subsec. (c).
Subsec. (d). Pub. L. 103-355, Sec. 8204(a), added subsec. (d).
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 this title.
Effective Date
Section 206(b) of Pub. L. 98-577 provided that: ``The amendment made
by subsection (a) [enacting this section] shall apply with respect to
solicitations made more than 180 days after the date of enactment of
this Act [Oct. 30, 1984].''
Definitions
The definitions in section 102 of Title 40, Public Buildings,
Property, and Works, apply to this subchapter.
