§4713. Authorities relating to mitigating supply chain risks in the procurement of covered articles — Inbound Citations

Code of Federal Regulations Citations

Cited by 3 regulations in the Code of Federal Regulations.

• 41 C.F.R. § 201-1.200(d)(4) — Information sharing agency (ISA).

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  (4) Processes and procedures describing how the ISA facilitates the sharing of information to support supply chain risk analyses under 41 U.S.C. 1326, recommendations issued by the FASC, and covered procurement actions under 41 U.S.C. 4713;

• 41 C.F.R. § 201-1.201(b)(2)(ii) — Submitting information to the FASC.

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  (ii) Supply chain risk information regarding any covered procurement actions by the agency under 41 U.S.C. 4713; and

• 48 C.F.R. § 4.2301 — Definitions.

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  As used in this subpart—

Citations to 41 U.S.C. § 4713 as a whole

• 10 U.S.C. § 3452(e)(2)

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  (2) section 5949 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 41 U.S.C. 4713 note);

• 41 U.S.C. § 1321(3)

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  (3) The term “covered article” has the meaning given that term in section 4713 of this title.

• 41 U.S.C. § 1321(4)

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  (4) The term “covered procurement action” has the meaning given that term in section 4713 of this title.

• 41 U.S.C. § 1321(5)

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  (5) The term “information and communications technology” has the meaning given that term in section 4713 of this title.

• 41 U.S.C. § 1321(8)

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  (8) The term “supply chain risk” has the meaning given that term in section 4713 of this title.

• 41 U.S.C. § 1323(a)(2)

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  (2) Identifying or developing criteria for sharing information with executive agencies, other Federal entities, and non-Federal entities with respect to supply chain risk, including information related to the exercise of authorities provided under this section and sections 1326 and 4713 of this title. At a minimum, such criteria shall address—

  (A) the content to be shared;

  (B) the circumstances under which sharing is mandated or voluntary; and

  (C) the circumstances under which it is appropriate for an executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities provided under this section and section 4713 of this title.

• 41 U.S.C. § 1323(a)(2)(C)

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  (C) the circumstances under which it is appropriate for an executive agency to rely on information made available through such sharing in exercising the responsibilities and authorities provided under this section and section 4713 of this title.

• 41 U.S.C. § 1323(a)(3)(B)

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  (B) facilitate the sharing of information received under subparagraph (A) to support supply chain risk analyses under section 1326 of this title, recommendations under this section, and covered procurement actions under section 4713 of this title;

• 41 U.S.C. § 1323(a)(3)(C)

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  (C) share with the Council information regarding covered procurement actions by executive agencies taken under section 4713 of this title; and

• 41 U.S.C. § 1327(a)

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  (a) Except as provided in subsection (b) and chapter 71 of this title, and notwithstanding any other provision of law, an action taken under section 1323 or 4713 of this title, or any action taken by an executive agency to implement such an action, shall not be subject to administrative review or judicial review, including bid protests before the Government Accountability Office or in any Federal court.

• 41 U.S.C. § 1327(b)(1)

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  (1) Not later than 60 days after a party is notified of an exclusion or removal order under section 1323(c)(6) of this title or a covered procurement action under section 4713 of this title, the party may file a petition for judicial review in the United States Court of Appeals for the District of Columbia Circuit claiming that the issuance of the exclusion or removal order or covered procurement action is unlawful.

• 41 U.S.C. § 1327(b)(2)

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  (2) The Court shall hold unlawful a covered action taken under sections 1323 or 4713 of this title, in response to a petition that the court finds to be—

  (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

  (B) contrary to constitutional right, power, privilege, or immunity;

  (C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;

  (D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (3); or

  (E) not in accord with procedures required by law.

• 41 U.S.C. § 1327(b)(3)

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  (3) The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over claims arising under sections 1323(c)(5) or 4713 of this title against the United States, any United States department or agency, or any component or official of any such department or agency, subject to review by the Supreme Court of the United States under section 1254 of title 28.

• 41 U.S.C. § 1327(b)(4)(B)(i)

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  (i) The United States shall file with the court an administrative record, which shall consist of the information that the appropriate official relied upon in issuing an exclusion or removal order under section 1323(c)(5) or a covered procurement action under section 4713 of this title.