10-U.S.C.-2207

§2207 – Expenditure of Appropriations: Limitation

Pathway

Title 10 > Subtitle A > Part IV > Chapter 131 > Section 2207

Details

• Reference: Section 2207
• Legend: §2207 – Expenditure of Appropriations: Limitation
• USCode Year: 2013

Provision Content

(a) Money appropriated to the Department of Defense may not be spent under a contract other than a contract for personal services unless that contract provides that—

(1) the United States may, by written notice to the contractor, terminate the right of the contractor to proceed under the contract if the Secretary concerned or his designee finds, after notice and hearing, that the contractor, or his agent or other representative, offered or gave any gratuity, such as entertainment or a gift, to an officer, official, or employee of the United States to obtain a contract or favorable treatment in the awarding, amending, or making of determinations concerning the performance, of a contract; and

(2) if a contract is terminated under clause (1), the United States has the same remedies against the contractor that it would have had if the contractor had breached the contract and, in addition to other damages, is entitled to exemplary damages in an amount at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned.

The existence of facts upon which the Secretary makes findings under clause (1) may be reviewed by any competent court.

(b) This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in section 134 of title 41).

(Added Pub. L. 87–651, title II, §207(a), Sept. 7, 1962, 76 Stat. 520; amended Pub. L. 104–106, div. A, title VIII, §801, Feb. 10, 1996, 110 Stat. 389; Pub. L. 111–350, §5(b)(5), Jan. 4, 2011, 124 Stat. 3842.)

The following substitutions are made: spent for expended; United States for Government; if a contract is terminated under clause (1) for that in the event any such contract is so terminated; and has . . . that it would have had if for shall be entitled . . . to pursue . . . as it could pursue in the event of. The word official is inserted for clarity. The words entered into after June 30, 1954 are omitted as executed.

Amendments

2011—Subsec. (b). Pub. L. 111–350 substituted section 134 of title 41 for section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).

1996—Pub. L. 104–106 designated existing provisions as subsec. (a) and added subsec. (b).

U.S. Encyclopedia of Law Coverage

Chapter 171 – Repealed in the Legal Encyclopedia: General Military Law

In this entry about Chapter 171 – Repealed, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

Title 10 – Armed Forces in the Legal Encyclopedia: Supply to Military

In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to supply to military in the American Encyclopedia of Law, presenting a comprehensive view of the United States supply to military-specific issues, written by authorities in the field.

Topic Map

• Browse the Topic Map in relation with Title 10 (Armed Forces) guided by subject interests.