1994-Pub. L. 103-355, title II, §§ 2102(b), 2201(b)(2), 2301(c), title III, § 3065(a)(2), title VI, § 6005(b)(2), Oct. 13, 1994, 108 Stat. 3309, 3318, 3321, 3337, 3365, added item 2401a, struck out items 2382 "Contract profit controls during emergency periods", 2406 "Availability of cost and pricing records", 2409a "Communicating with Government officials: defense contractor requirement to prohibit retaliatory personnel actions", and 2410e "Contract claims: certification regulations", and substituted in item 2410 "Requests for equitable adjustment or other relief: certification" for "Contract claims: certification".

Pub. L. 103-337, div. A, title III, § 363(a)(2), Oct. 5, 1994, 108 Stat. 2734, added item 24107.

1993-Pub. L. 103-160, div. A, title VIII, § 828(a)(3), (c)(3), (4), Nov. 30, 1993, 107 Stat. 1713, 1714, substituted "Liquid fuels and natural gas: contracts for storage, handling, or distribution" for "Liquid fuels: contracts for storage, handling, and distribution" in item 2388, struck out item 2389 "Contracts for the procurement of milk: price adjustments; purchases from the Commodity Credit Corporation", and inserted "and natural gas" and "; acquisition by exchange; sales authority" in item 2404.

Pub. L. 103-35, title II, § 202(a)(18)(B), May 31, 1993, 107 Stat. 102, made technical amendment to directory language of Pub. L. 102-484, § 4470(a)(2). See 1992 Amendment note below.

Pub. L. 103-35, title II, § 201(b)(1)(B), May 31, 1993, 107 Stat. 97, renumbered item 2410c relating to displaced contractor employees as item 2410j and item 2410d relating to defense contractors as item 2410k.

1992-Pub. L. 102-484, div. D, title XLIV, § 4470(a)(2), Oct. 23, 1992, 106 Stat. 2753, as amended by Pub. L. 103-35, title II, § 202(a)(18)(B), May 31, 1993, 107 Stat. 102, added item 2410d relating to defense contractors.

Pub. L. 102-484, div. D, title XLIV, § 4443(b), Oct. 23, 1992, 106 Stat. 2735, 2753, added item 2410c relating to displaced contractor employees.

Pub. L. 102-484, div. A, title III, § 384(a)(1)(B), title VIII, §§ 808(b)(2), 813(a)(2), 834(a)(2), 840(a)(2), 841(b), title XIII, § 1332(b), Oct. 23, 1992, 106 Stat. 2393, 2450, 2453, 2461, 2467, 2468, 2555, added items 2410c to 2410i.

1990-Pub. L. 101-510, div. A, title VIII, § 837(a)(2), title XIV. § 1484(1)(8), Nov. 5, 1990, 104 Stat. 1619,

1718, struck out item 2407 "Acquisition of defense equipment under cooperative projects" and added item 2409a.

1989-Pub. L. 101-189, div. A, title VIII, §§ 802(aX2), 803(b), title IX, § 933(e), title XVI, § 1622(b)(2), Nov. 29, 1989, 103 Stat. 1486, 1488, 1538, 1604, added items 2390, 2399, and 2400 and struck out item 2401a "Procurement of communications support and related supplies and services".

1988-Pub. L. 100-456, div. A, title VIII, §§ 805(a)(2), 834(a)(2), Sept. 29, 1988, 102 Stat. 2010, 2025, added items 2383 and 2410b.

Pub. L. 100-370, §§ 1(h)(3), 3(b)(2), July 19, 1988, 102 Stat. 848, 855, in item 2389 substituted "milk: price adjustments; purchases from the Commodity Credit Cor poration" for "milk; price adjustment", struck out items 2399 "Limitation on availability of appropria tions to reimburse a contractor for cost of commercial insurance", and 2400 "Miscellaneous procurement lim itations", and added items 2410 and 2410a.

1987-Pub. L. 100-180, div. A, title I, § 124(b)(2), Dec. 4, 1987, 101 Stat. 1043, substituted "Miscellaneous procurement limitations" for "Limitation on procurement of buses" in item 2400.

1986-Pub. L. 99-661, div. A, title XI, § 1103(b)(2)(B), Nov. 14, 1986, 100 Stat. 3963, struck out "North Atlan tic Treaty Organization" before "cooperative projects" in item 2407.

Pub. L. 99-500, § 101(c) [title X, §§ 931(a)(2), 941(a)(2), 942(a)(2), 943(a)(2)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-160, 1783-162, 1783-164, and Pub. L. 99-591, § 101(c) [title X, §§ 931(a)(2), 941(a)(2), 942(a)(2), 943(a)(2)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-160, 3341-162, 3341-164; Pub. L. 99-661, div. A. title IX, formerly title IV, §§ 931(a)(2), 941(a)(2), 942(a)(2), 943(a)(2), Nov. 14, 1986, 100 Stat. 3939, 3941-3943, 3963, renumbered title IX, Pub. L. 100-26, § 3(5), Apr. 21, 1987, 101 Stat. 273, amended analysis identically, substituting “Availability of cost and pricing records" for "Cost and price management" in item 2406 and adding items 2397b, 2397c, 2408, and 2409.

1985-Pub. L. 99-145, title IX, §§ 917(b), 923(a)(2), title XI, § 1102(b)(2), Nov. 8, 1985, 99 Stat. 690, 697, 712, added items 2397a, 2406, and 2407.

1984-Pub. L. 98-525, title X, § 1005(b), title XII, § 1235(1), (2), Oct. 19, 1984, 98 Stat. 2579, 2604, substi tuted in item 2384 "identification of supplier and sources" for "marking with name of contractor" and added items 2401a, 2384a, and 2402 to 2405.

1983-Pub. L. 98-94, title XII, §§ 1202(a)(2), 1259(b), Sept. 24, 1983, 97 Stat. 681, 703, struck out item 2390 "Suggestions for improving procurement policies", and added item 2401.

1982-Pub. L. 97-321, title VIII, § 801(a)(2), Oct. 15. 1982, 96 Stat. 1570, added item 2394a.

Pub. L. 97-295, § 1(29)(B), Oct. 12, 1982, 96 Stat. 1294, struck out item 2394 "Availability of appropria tions for procurement of technical military equipment and supplies and the construction of military public works", added item 2395 "Availability of appropria tions for procurement of technical military equipment and supplies", redesignated former item 2395 as 2396, and added items 2397, 2398, 2399, and 2400.

Pub. L. 97-258, § 2(b)(4)(A), Sept. 13, 1982, 96 Stat. 1052, added items 2394 and 2395.

Pub. L. 97-214, § 6(a)(2), July 12, 1982, 96 Stat. 172,

added item 2394.

1981-Pub. L. 97-86, title IX, §§ 911(a)(2), 912(a)(2). 913(a)(2), 914(b), Dec. 1, 1981, 95 Stat. 1122, 1123, 1125. substituted "Contract profit controls during emergency periods" for "Aircraft: contract requirements" in item 2382 and added items 2391, 2392, and 2393.

1980-Pub. L. 96-513, title V. & 511(79), Dec. 12, 1980, 94 Stat. 2927, struck out item 2383 "Emergency pur chases: war material abroad".

1977-Pub. L. 95-79, title VIII, § 815(b), July 30, 1977, 91 Stat. 338, added item 2390.

1966-Pub. L. 89-696, § 1(2), Oct. 19, 1966, 80 Stat. 1057, added item 2389.

§ 2381. Contracts: regulations for bids

(a) The Secretary of Defense may

(1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and

(2) require that a bid be accompanied by a written guaranty, signed by one or more responsible persons, undertaking that the bidder, if his bid is accepted, will, within the time prescribed by the Secretary or other officer authorized to make the contract, make a contract and furnish a bond with good and sufficient sureties for the performance of the contract.

(b) If a bidder, after being notified of the acceptance of his bid, fails within the time prescribed under subsection (a)(2) to enter into a contract and furnish the prescribed bond, the Secretary concerned or other authorized officer shall

(1) contract with another person; and

(2) charge against the defaulting bidder and his guarantors the difference between the amount specified by the bidder in his bid and the amount for which a contract is made with the other person, this difference being immediately recoverable by the United States for the use of the military department concerned in an action against the bidder and his guarantors, jointly or severally.

(c) Proceedings under this section are subject to regulations under section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486), unless exempted therefrom under section 201(a) of that Act (40 U.S.C. 481(a)).

(Aug. 10, 1956, ch. 1041, 70A Stat. 136; Oct. 19, 1984, Pub. L. 98-525, title XIV, § 1405(35), 98 Stat. 2624; Oct. 13, 1994, Pub. L. 103-355, title I, § 1507, 108 Stat. 3298.)

In subsection (a)(1), the word "may" is substituted for the words "is authorized to". The words "rules and *** to be observed" are omitted as surplusage.

In subsection (a)(2), the word "undertaking" is substituted for the words "to the effect that he or they undertake". The words "make a contract" are inserted for clarity. The words "in the premises" are omitted as surplusage. The words "for the performance of the contract" are substituted for the words "to furnish the supplies proposed or to perform the service required".

In subsection (b), the word "duly" is omitted as surplusage. The words "with good and sufficient security for the proper fulfillment of its terms" are omitted as covered by subsection (a)(2). The words "the prescribed" are inserted before the word "bond".

Subsection (b)(1) is substituted for the words "proceed to contract with some other person to furnish the supplies or perform the services required".

In subsection (b)(2) the word “charge" is substituted for the words "forthwith cause ・・・ to be charged". The words "a contract is made with the other person" are substituted for the words "he may have contracted with another party to furnish the supplies or perform the service for the whole period of the proposal". The words "guarantor or" are omitted as surplusage. The words "this difference being" are substituted for the words "and the sum may be". The words "of debt" are omitted, since that action no longer exists. The words "the bidder and his guarantors, jointly or severally" are substituted for the words "either or all of such persons".

In subsection (c), the words "Proceedings under this section are" are inserted for clarity. The words "unless exempted therefrom under section 481(a) of that title" are inserted to preserve the possibility of exemption of proceedings under the revised section from the provisions of the Federal Property and Administrative Services Act of 1949, as amended.

AMENDMENTS

1994-Subsec. (a). Pub. L. 103-355 substituted "The Secretary of Defense may

"(1) prescribe regulations for the preparation, submission, and opening of bids for contracts; and" for "The Secretary of a military department may

"(1) prescribe regulations for the preparation, submission, and opening of bids for contracts with that department; and".

1984-Subsec. (c). Pub. L. 98-525 substituted "section 205 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486)" for "section 486 of title 40" and "section 201(a) of that Act (40 U.S.C. 481(a))" for "section 481(a) of this title".

CROSS REFERENCES

Contracts for national defense, see section 1431 et seq. of Title 50, War and National Defense.

Procurement procedures, see section 251 et seq. of Title 41, Public Contracts.

[§ 2382. Repealed. Pub. L. 103-355, title II, § 2102(a), Oct. 13, 1994, 108 Stat. 3309]

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 136; Dec. 1, 1981, Pub. L. 97-86, title IX, § 911(a)(1), 95 Stat. 1120; Nov. 5, 1990, Pub. L. 101-510, div. A, title XIV, § 1484(b)(3), (f)(2), (g)(2), (h)(3), 104 Stat. 1716, 1717; Oct. 29, 1992, Pub. L. 102-572, title IX, § 902(b)(1), 106 Stat. 4516, authorized the President, upon declaration of war by Congress or declaration of national emergency by the President or by Congress, to prescribe regulations to control excessive profits on defense contracts during period of such war or national emergency.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note under section 251 of Title 41, Public Contracts.

§ 2383. Procurement of critical aircraft and ship spare parts: quality control

(a) In procuring any spare or repair part that is critical to the operation of an aircraft or ship, the Secretary of Defense shall require the contractor supplying such part to provide a

part that meets all appropriate qualification and contractual quality requirements as may be specified and made available to prospective offerors. In establishing the appropriate qualification requirements, the Secretary of Defense shall use the Department of Defense qualification requirements that were used to qualify the original production part unless the Secretary determines in writing

(1) that there are other requirements sufficiently similar to those requirements that should be used instead; or

(2) that any or all such requirements are unnecessary.

(b) In this section, the term "spare or repair part" means any individual piece, part, subassembly, or component which is furnished for the logistic support or repair of an end item and not as an end item itself.

(Added Pub. L. 100-456, div. A, title VIII, § 805(a)(1), Sept. 29, 1988, 102 Stat. 2010; amended Pub. L. 102-190, div. A, title X, § 1061(a)(13), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103-355, title II, § 2401, Oct. 13, 1994, 108 Stat. 3324.)

PRIOR PROVISIONS

A prior section 2383, act Aug. 10, 1956, ch. 1041, 70A Stat. 137, permitted Secretary of a military department to make emergency purchases of war material abroad, and provided that such material may be admitted free of duty, prior to repeal by Pub. L. 87-456, title III, § 303(c), May 24, 1962, 76 Stat. 78.

AMENDMENTS

1994-Subsec. (a). Pub. L. 103-355 amended last sentence generally. Prior to amendment, last sentence read as follows: "In establishing the appropriate qualification requirements, the Secretary of Defense shall utilize those requirements, if available, which were used to qualify the original production part, unless the Secretary of Defense determines in writing that any or all such requirements are unnecessary."

1991-Subsec. (b). Pub. L. 102-190 substituted "means any individual piece, part, subassembly, or component which is furnished for the logistic support or repair of an end item and not as an end item itself" for "has the meaning given such term by section 2323(f) of this title".

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.

EFFECTIVE DATE

Section 805(b) of Pub. L. 100-456 provided that: "Section 2383 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts entered into after the end of the 180-day period beginning on the date of the enactment of this Act [Sept. 29, 1988]."

§ 2384. Supplies: identification of supplier and

sources

(a) The Secretary of Defense shall require that the contractor under a contract with the Department of Defense for the furnishing of supplies to the United States shall mark or otherwise identify supplies furnished under the contract with the identity of the contractor, the national stock number for the supplies fur

nished (if there is such a number), and the contractor's identification number for the supplies.

(b)(1) The Secretary of Defense shall prescribe regulations requiring that, whenever practicable, each contract requiring the deliv ery of supplies (other than a contract described in paragraph (2)) shall require that the contractor identify

(A) the actual manufacturer or producer of the item or of all sources of supply of the contractor for that item;

(B) the national stock number of the item (if there is such a number) and the identifica. tion number of the actual manufacturer or producer of the item or of each source of supply of the contractor for the item; and

(C) the source of any technical data deliv ered under the contract.

(2) The regulations prescribed pursuant to paragraph (1) do not apply to a contract that requires the delivery of supplies that are com mercial items, as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).

(3) The regulations prescribed pursuant to paragraph (1) do not apply to a contract for an amount not greater than the simplified acquisi tion threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).1

(c) Identification of supplies and technical data under this section shall be made in the manner and with respect to the supplies prescribed by the Secretary of Defense.

(Aug. 10, 1956, ch. 1041, 70A Stat. 137; Oct. 19, 1984, Pub. L. 98-525, title XII, § 1231(a), 98 Stat. 2599; Oct. 18, 1986, Pub. L. 99-500, § 101(c) [title X, § 928(a)], 100 Stat. 1783-82, 1783-156, and Oct. 30, 1986, Pub. L. 99-591, § 101(c) [title X, § 928(a)], 100 Stat. 3341-82, 3341-156; Nov. 14, 1986, Pub. L. 99-661, div. A, title IX, former ly title IV, § 928(a), 100 Stat. 3936, renumbered title IX, Apr. 21, 1987, Pub. L. 100-26, § 3(5), 101 Stat. 273; Oct. 13, 1994, Pub. L. 103-355, title IV, § 4102(d), title VIII, § 8105(b), 108 Stat. 3340, 3392.)

The words "equipment, and materials" are omitted as covered by the word "supplies". The word "hereafter" is omitted as executed. The words "may be used" are substituted for the words "shall be available". The words "if the acquisition relates to" are substituted for 31:649b (1st 8 words of last sentence). In clauses (1), (2), and (4), the word "patents" is substituted for the words "letters patent".

AMENDMENTS

1994-Pars. (3), (4). Pub. L. 103-355 added pars. (3) and (4) and struck out former pars. (3) and (4) which read as follows:

"(3) Designs, processes, and manufacturing data. "(4) Releases, before suit is brought, for past infringement of patents or copyrights."

1960-Pub. L. 86-726 inserted "or copyrights" after "patents" in cl. (4).

§ 2387. Procurement of table and kitchen equipment for officers' quarters: limitation on

(a) Except under regulations approved by the Secretary of Defense and providing for uniform practices among the armed forces under his jurisdiction, no part of any appropriation of the Department of Defense may be used to supply or replace table linen, dishes, glassware, silver, and kitchen utensils for use in the residences on shore, or quarters on shore, of officers of those armed forces.

(b) This section does not apply to— (1) field messes;

(2) messes temporarily set up on shore for bachelor officers and officers attached to seagoing or district defense vessels;

(3) aviation units based on seagoing vessels; (4) fleet air bases;

(5) submarine bases; and

(6) landing forces and expeditions.

(Added Pub. L. 85-861, § 1(45), Sept. 2, 1958, 72 Stat. 1458.)

In subsection (a), the words "may be used" are substituted for the words "shall be available". The words "on account of" are omitted as surplusage. The words "under his jurisdiction" are inserted for clarity, since the Secretary of Defense has no jurisdiction over the Coast Guard when it is not operating as a service in the Navy.

§ 2388. Liquid fuels and natural gas: contracts for storage, handling, or distribution

(a) AUTHORITY TO CONTRACT.-The Secretary of Defense and the Secretary of a military department may each contract for storage facilities for, or the storage, handling, or distribution of, liquid fuels or natural gas.

(b) PERIOD OF CONTRACT.-The period of a contract entered into under subsection (a) may not exceed 5 years. However, the contract may provide options for the Secretary to renew the con. tract for additional periods of not more than 5 years each, but not for more than a total of 20 years.

(c) OPTION TO PURCHASE FACILITY.-A contract under this section may contain an option for the purchase by the United States of the facility covered by the contract at the expiration or termination of the contract, without regard to subsections (a) and (b) of section 3324 of title 31, and before approval of title to the underly. ing land by the Attorney General, (Added Pub. L. 85-861, § 1(46), Sept. 2, 1958, 72 Stat. 1457; amended Pub. L. 97-214, § 10(a)(3), July 12, 1982, 96 Stat. 175; Pub. L. 97-258, § 3(b)(6), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 97-295, § 1(27), Oct. 12, 1982, 96 Stat. 1291; Pub. L. 98-525, title XIV, § 1405(56)(A), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101-510, div. A, title XIII, § 1322(a)(6), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 103-160, div. A, title VIII, § 825, Nov. 30, 1993, 107 Stat. 1711; Pub. L. 103-355, title III, § 3064, Oct. 13, 1994, 108 Stat. 3337.)

In subsection (b), the words "section applies only" are substituted for the words "authority is limited". The word "standards" is substituted for the word "criteria".

In subsection (c), the words "A contract under this section" are substituted for the words "Such contracts". The last 33 words are substituted for 50:981 (28 words before proviso of last sentence).

1982 ACT

In 10:2388(c), the title 31 citation is substituted on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted title 31.

AMENDMENTS

1994-Subsec. (a). Pub. L. 103-355 substituted "liquid fuels or natural gas” for “liquid fuels and natural gas". 1993-Pub. L. 103-160, § 825(b), substituted "Liquid fuels and natural gas: contracts for storage, handling, or distribution" for "Liquid fuels: contracts for stor age, handling, and distribution" as section catchline. Subsecs. (a), (b). Pub. L. 103-160, § 825(a)(1), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which read as follows:

"(a) The Secretary of a military department may contract for the storage, handling, and distribution liquid fuels for periods of not more than five years, with options to renew for additional periods of not more than five years each, but not for more than a total of 20 years.

"(b) This section applies only to facilities that conform to standards prescribed by the Secretary of Defense for protection, including dispersal, and that are