US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 4654

Prohibition against doing business with certain offerors or contractors

(a)
(1)
Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary’s knowledge has been debarred or suspended by another Federal agency unless—
(A)
in the case of debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and
(B)
in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired.
(2)
Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor.
(b)
Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice on a publicly accessible website to the maximum extent practicable.
(c)
In this section:
(1)
The term “debar” means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance.
(2)
The term “suspend” means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracting for a temporary period of time because a concern or individual is suspected of engaging in criminal, fraudulent, or seriously improper conduct.
(d)
section 134 of title 41 The Secretary of Defense shall prescribe in regulations a requirement that each contractor under contract with the Department of Defense shall require each contractor to whom it awards a contract (in this section referred to as a subcontractor) to disclose to the contractor whether the subcontractor is or is not, as of the time of the award of the subcontract, debarred or suspended by the Federal Government from Government contracting or subcontracting. The requirement shall apply to any subcontractor whose subcontract is in an amount greater than the simplified acquisition threshold (as defined in ). The requirement shall not apply in the case of a subcontract for the acquisition of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41).

Pub. L. 97–86, title IX, § 914(a)95 Stat. 1124Pub. L. 100–180, div. A, title XII, § 1231(17)101 Stat. 1161Pub. L. 101–510, div. A, title VIII, § 813104 Stat. 1596Pub. L. 102–190, div. A, title X, § 1061(a)(11)105 Stat. 1473Pub. L. 103–355, title IV, § 4102(e)108 Stat. 3340Pub. L. 111–350, § 5(b)(24)124 Stat. 3844Pub. L. 113–66, div. A, title VIII, § 813127 Stat. 808Pub. L. 115–232, div. A, title VIII, § 836(e)(3)132 Stat. 1869Pub. L. 116–283, div. A, title XVIII, § 1862(b)134 Stat. 4277(Added , , , § 2393; amended , , ; , , ; , , ; , title VIII, § 8105(c), , , 3392; , , ; , , ; , , ; renumbered § 4654, , , .)

Editorial Notes

Prior Provisions

section 7654 of this titleA prior section 4654 was renumbered .

Amendments

Pub. L. 116–283section 2393 of this title2021— renumbered as this section.

Pub. L. 115–232section 103 of title 412018—Subsec. (d). substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)” for “commercial items (as defined in )”.

Pub. L. 113–662013—Subsec. (b). substituted “on a publicly accessible website to the maximum extent practicable” for “in a file available for public inspection”.

Pub. L. 111–350section 134 of title 4141 U.S.C. 403(11)section 103 of title 4141 U.S.C. 403(12)2011—Subsec. (d). substituted “)” for “section 4(11) of the Office of Federal Procurement Policy Act ())” and “)” for “section 4(12) of the Office of Federal Procurement Policy Act ())”.

Pub. L. 103–35541 U.S.C. 403(11)section 2304(g) of this title41 U.S.C. 403(12)1994—Subsec. (d). substituted “greater than the simplified acquisition threshold (as defined in section 4(11) of the Office of Federal Procurement Policy Act ()).” for “above the small purchase amount established in .” in second sentence and inserted at end “The requirement shall not apply in the case of a subcontract for the acquisition of commercial items (as defined in section 4(12) of the Office of Federal Procurement Policy Act ()).”

Pub. L. 102–1901991—Subsec. (d). substituted “Federal Government” for “Federal government”.

Pub. L. 101–5101990—Subsec. (d). added subsec. (d).

Pub. L. 100–1801987—Subsec. (c). inserted “The term” after each par. designation and revised first word in quotes in each par. to make initial letter of such word lowercase.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2018 Amendment

Pub. L. 115–232section 836(h) of Pub. L. 115–232section 453b of Title 6Amendment by effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.

Effective Date of 1994 Amendment

Pub. L. 103–355section 10001 of Pub. L. 103–355section 8752 of this titleFor effective date and applicability of amendment by , see , set out as a note under .