US Code

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

10 U.S.C. § 4655

Prohibition of contractors limiting subcontractor sales directly to the United States

(a)
Each contract for the purchase of supplies or services made by the Department of Defense 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)
This section does not prohibit a contractor from asserting rights it otherwise has under law.
(c)
section 134 of title 41 This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in ).
(d)
(1)
An agreement between the contractor in a contract for the acquisition of commercial products or commercial services 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) if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial products or commercial services from that subcontractor.
(2)
In paragraph (1), the terms “commercial product” and “commercial service” have the meanings given those terms in sections 103 and 103a, respectively, of title 41.

Pub. L. 98–525, title XII, § 1234(a)98 Stat. 2601Pub. L. 103–355, title IV, § 4102(f)108 Stat. 3340Pub. L. 111–350, § 5(b)(25)124 Stat. 3844Pub. L. 115–232, div. A, title VIII, § 836(e)(4)132 Stat. 1869Pub. L. 116–283, div. A, title XVIII, § 1862(b)134 Stat. 4277(Added , , , § 2402; amended , title VIII, § 8105(g), , , 3392; , , ; , , ; renumbered § 4655, , , .)

Editorial Notes

Prior Provisions

section 7655 of this titleA prior section 4655 was renumbered .

Amendments

Pub. L. 116–283section 2402 of this title2021— renumbered as this section.

Pub. L. 115–232, § 836(e)(4)(A)2018—Subsec. (d)(1). , substituted “commercial products or commercial services” for “commercial items” in two places.

Pub. L. 115–232, § 836(e)(4)(B)section 103 of title 41Subsec. (d)(2). , substituted “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41.” for “the term ‘commercial item’ has the meaning given such term in .”

Pub. L. 111–350, § 5(b)(25)(A)section 134 of title 4141 U.S.C. 403(11)2011—Subsec. (c). , substituted “)” for “section 4(11) of the Office of Federal Procurement Policy Act ())”.

Pub. L. 111–350, § 5(b)(25)(B)section 103 of title 4141 U.S.C. 403(12)Subsec. (d)(2). , substituted “” for “section 4(12) of the Office of Federal Procurement Policy Act ()”.

Pub. L. 103–3551994—Subsecs. (c), (d). added subsecs. (c) and (d).

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 .

Effective Date

Pub. L. 98–525, title XII, § 1234(c)98 Stat. 2604

Section 2402 of title 1010 U.S.C. 4655“, United States Code [now ] (as added by subsection (a)), shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act [].”
, , , provided that: