-CITE- 41 USC CHAPTER 1 - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- CHAPTER 1 - GENERAL PROVISIONS -MISC1- Sec. 1 to 4a. Repealed. 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government corporations. 5a. Definitions. 6. Repealed. 6a. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; limited to particular agencies under specified circumstances. 6a-1. Architect of the Capitol, exception from advertisement requirements. 6a-2. Architect of the Capitol, authority for personal services contracts with legal entities. 6a-3. House of Representatives, exception from advertisement requirements. 6a-4. Director of the Congressional Budget Office, exception from advertisement requirements. (a) Exception. (b) Effective Date. 6b. Miscellaneous exceptions from advertisement requirements. (a) Control of insects, pests, and grass diseases. (b) Omitted. (c) Operations on Menominee Indian Reservation. (d) Sale of Indian produced forest products. 6c to 6ll. Repealed or Omitted. 6mm. Transferred. 7 to 7d. Repealed. 8. Opening bids. 9, 10. Repealed or Omitted. 10a. American materials required for public use. 10b. Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements. 10b-1. Omitted. 10b-2. Limitation on authority to waive Buy American Act requirement. (a) Buy American Act waiver rescissions. (b) Definition. 10b-3. Annual report relating to Buy American Act. 10c. Definition of terms used in sections 10a, 10b, and 10c. 10d. Clarification of Congressional intent regarding sections 10a and 10b(a). 11. No contracts or purchases unless authorized or under adequate appropriation; report to the Congress. 11a. Contracts for fuel by Secretary of the Army without regard to current fiscal year. 12. No contract to exceed appropriation. 13. Contracts limited to one year. 13a. Repealed. 14. Restriction on purchases of land. 15. Transfers of contracts; assignments; assignee not subject to reduction or setoff. (a) Transfer. (b) Assignment. (c) Validity of assignment. (d) Assignee liability. (e) Amendment of contract. (f) Assignor liability arising independent of contract. (g) Accrued rights and obligations. 16 to 21. Repealed or Omitted. 22. Interest of Member of Congress. 23. Orders or contracts for material placed with Government-owned establishments deemed obligations. 24. Contracts for transportation of moneys, bullion, coin, and securities. 24a to 34. Omitted or Repealed. 35. Contracts for materials, etc., exceeding $10,000; representations and stipulations. 36. Liability for contract breach; cancellation; completion by Government agency; employee's wages. 37. Distribution of list of persons breaching contract; future contracts prohibited. 38. Administration of Walsh-Healey provisions; officers and employees; appointment; investigations; rules and regulations. 39. Hearings on Walsh-Healey provisions by Secretary of Labor; witness fees; failure to obey order; punishment. 40. Exceptions from Walsh-Healey provisions; modification of contracts; variations; overtime; suspension of representations and stipulations. 41. "Person" defined in Walsh-Healey provisions. 42. Effect of Walsh-Healey provisions on other laws. 43. Walsh-Healey provisions not applicable to certain contracts. 43a. Administrative procedure provisions. (a) Applicability. (b) Wage determination; administrative review. (c) Judicial review. 43b. Manufacturers and regular dealers. 44. Separability of Walsh-Healey provisions. 45. Effective date of Walsh-Healey provisions; exception as to representations with respect to minimum wages. 46. Committee for Purchase From People Who Are Blind or Severely Disabled. (a) Establishment. (b) Vacancy. (c) Chairman. (d) Terms. (e) Pay and travel expenses. (f) Staff. (g) Obtaining official data. (h) Administrative support services. (i) Annual report. 47. Duties and powers of the Committee. (a) Procurement list: publication in Federal Register; additions and removals. (b) Fair market price; price revisions. (c) Central nonprofit agency; designation. (d) Rules and regulations; blind-made products, priority. (e) Problems and production methods; study and evaluation. 48. Procurement requirements for the Government; nonapplication to prison-made products. 48a. Audit. 48b. Definitions. 48c. Authorization of appropriations. 49. Defense employment; honorable discharge from land and naval forces as equivalent to birth certificate. 50. "Defense contractor" defined. 51. Short title. 52. Definitions. 53. Prohibited conduct. 54. Criminal penalties. 55. Civil actions. 56. Administrative offsets. (a) Offset authority. (b) Duties of prime contractor. (c) Claim of Government. (d) "Contracting officer" defined. 57. Contractor responsibilities. (a) Procedural requirements for prevention and detection of violations. (b) Cooperation in investigations requirement. (c) Reporting requirement; supplying information as favorable evidence of responsibility. (d) Partial inapplicability to small contracts. (e) Cooperation in investigations regardless of contract amount. 58. Inspection authority. -EXEC- EXECUTIVE ORDER NO. 10925 Ex. Ord. No. 10925, Mar. 6, 1961, 26 F.R. 1977, which related to nondiscrimination provisions in Government contracts and established the President's Committee on Equal Employment Opportunity, was revoked by section 403 of Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note under section 2000e of Title 42, The Public Health and Welfare. -End- -CITE- 41 USC Secs. 1 to 4a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743 -MISC1- Section 1, R.S. Sec. 512; act Feb. 4, 1929, ch. 146, Secs. 1, 3, 45 Stat. 1147, establish a return office for filing returns of contracts made by Secretaries of War, Navy and Interior and appointed a clerk for this office. Section 2, R.S. Sec. 513, required clerk to file all returns. Section 3, R.S. Sec. 514, required clerk to keep an index book. Section 4, R.S. Sec. 515, required clerk to provide certified copies of any returns for an established fee. Section 4a, act Feb. 4, 1929, ch. 146, Secs. 1, 3, 45 Stat. 1147, transferred returns office to General Accounting Office and imposed duties relating thereto upon Comptroller General. -End- -CITE- 41 USC Sec. 5 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government corporations -STATUTE- Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $25,000, (2) when the public exigencies require the immediate delivery of the articles or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 1638 (!1) of Appendix to title 50, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising. In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only. -SOURCE- (R.S. Sec. 3709; Aug. 2, 1946, ch. 744, Sec. 9(a), (c), 60 Stat. 809; June 30, 1949, ch. 288, title VI, Sec. 602(f), formerly title V, Sec. 502(e), 63 Stat. 403; renumbered Sept. 5, 1950, ch. 849, Secs. 6(a), (b), 8(c), 64 Stat. 583, and amended Pub. L. 85-800, Sec. 7, Aug. 28, 1958, 72 Stat. 967; Pub. L. 93-356, Sec. 1, July 25, 1974, 88 Stat. 390; Pub. L. 98-191, Sec. 9(b), Dec. 1, 1983, 97 Stat. 1332.) -REFTEXT- REFERENCES IN TEXT Section 1638 of Appendix to title 50, referred to in text, was repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), formerly title V, Sec. 502(a)(1), 63 Stat. 399, eff. July 1, 1949, renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. -COD- CODIFICATION R.S. Sec. 3709 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12 Stat. 220. -MISC1- AMENDMENTS 1983 - Pub. L. 98-191 substituted "$25,000" for "$10,000". 1974 - Pub. L. 93-356 substituted "$10,000" for "$2,500". 1958 - Pub. L. 85-800 substituted "$2,500" for "$500". 1949 - Act June 30, 1949, substituted "$500" for "$100". 1946 - Act Aug. 2, 1946, among other changes, inserted cls. (1), (3), and (4), and made section applicable to sales and contracts of sale by the Government, except in certain cases. EFFECTIVE DATE OF 1949 AMENDMENT Amendment by act June 30, 1949, effective July 1, 1949, see section 605, formerly section 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. EXEMPTION OF FUNCTIONS Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Intercourse. SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Section inapplicable to procurement or sale of property or services by Armed Services and National Aeronautics and Space Administration, see section 2314 of Title 10, Armed Forces. REPEAL OF EXEMPTIONS Section 9(b) of act Aug. 2, 1946, provided: "Exemptions from section 3709, Revised Statutes [this section], in other law in amounts of $100 or less are hereby repealed." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 5a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 5a. Definitions -STATUTE- The word "department" as used in this Act shall be construed to include independent establishments, other agencies, wholly owned Government corporations (the transactions of which corporations shall be subject to the authorizations and limitations of this Act, except that section 5 of this title shall apply to their administrative transactions only), and the government of the District of Columbia, but shall not include the Senate, House of Representatives, or office of the Architect of the Capitol, or the officers or employees thereof. The words "continental United States" as used herein shall be construed to mean the forty-eight States and the District of Columbia. The word "Government" shall be construed to include the government of the District of Columbia. The word "appropriation" shall be construed as including funds made available by legislation under section 9104 of title 31. -SOURCE- (Aug. 2, 1946, ch. 744, Sec. 18, 60 Stat. 811.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means act Aug. 2, 1946, ch. 744, 60 Stat. 806. For complete classification of this Act to the Code see Tables. -COD- CODIFICATION "Section 9104 of title 31" substituted in text for "section 104 of the Government Corporation Control Act, approved December 6, 1945 [31 U.S.C. 849]" on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 73b-4 of title 5 prior to the general revision and reenactment of Title 5, Government Organization and Employees by Pub. L. 89-554, Sept. 6, 1966 80 Stat. 378. -End- -CITE- 41 USC Sec. 6 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(98)-(105), 65 Stat. 705 -MISC1- Section, acts Oct. 10, 1940, ch. 851, Sec. 1, 54 Stat. 1109; June 28, 1941, ch. 258, titles II, III, IV, 55 Stat. 281, 289, 292, 302; June 8, 1942, ch. 396, 56 Stat. 347; July 2, 1942, ch. 472, titles II, III, IV, 56 Stat. 483, 500, 505; June 28, 1943, ch. 173, titles I, II, 57 Stat. 236, 243; June 26, 1944, ch. 277, titles I, II, 58 Stat. 351, 358; June 13, 1945, ch. 189, 59 Stat. 256; July 1, 1946, ch. 530, 60 Stat. 405; June 30, 1947, ch. 166, title II, Sec. 204, 61 Stat. 208; June 30, 1949, ch. 288, title I, Secs. 103, 104(a), 63 Stat. 380, which excepted from provisions of section 5 of this title a number of specified Government departments and agencies, when purchases or services were not in excess of certain specified amounts up to $500. Another provision of title III of act July 2, 1942, ch. 472, 56 Stat. 493, which also had been shown as one of the sources of this former section, made an exception with respect to purchases or services rendered for the Office of the Administrator of Civil Aeronautics, when the aggregate amount involved did not exceed $100. That provision was not repealed, but, if it did not expire with that act, which was an appropriation act, it was superseded by section 5 of this title, as amended. A prior section 6, acts Feb. 27, 1893, ch. 168, 27 Stat. 485; Mar. 1, 1899, ch. 325, 30 Stat. 957; Mar. 2, 1911, ch. 192, 36 Stat. 975; May 18, 1916, ch. 125, 39 Stat. 126; Mar. 1, 1919, ch. 86, 40 Stat. 1262; May 29, 1920, ch. 214, 41 Stat. 677; June 12, 1922, ch. 218, 42 Stat. 638; Feb. 13, 1923, ch. 72, 42 Stat. 1244; Feb. 15, 1934, ch. 13, 48 Stat. 351, related to exceptions to the requirements of section 5 of this title, prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. See sections 5, 6a, and 6b of this title. -End- -CITE- 41 USC Sec. 6a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6a. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; limited to particular agencies under specified circumstances -STATUTE- Section 5 of this title shall not be construed to apply under any appropriation Act to the following departments and independent offices under the circumstances specified herein: (a) American Battle Monuments Commission - to any leases in foreign countries for office or garage space. (b) to (e) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(107), 65 Stat. 705. (f) The Bureau of Interparliamentary Union for Promotion of International Arbitration - to stenographic reporting services by contract if deemed necessary. (g) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(107), 65 Stat. 705. (h) Department of State - when the purchase or service relates to the packing of personal and household effects of Diplomatic, Consular, and Foreign Service officers and clerks for foreign shipment. (i) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(107), 65 Stat. 705. (j) The International Committee of Aerial Legal Experts - to stenographic and other service by contract as deemed necessary. -SOURCE- (June 12, 1917, ch. 27, 40 Stat. 144; May 13, 1926, ch. 294, 44 Stat. 547; Oct. 10, 1940, ch. 851, Sec. 2, 54 Stat. 1110; June 28, 1941, ch. 259, 55 Stat. 344; Oct. 31, 1951, ch. 654, Secs. 1(106)- (108), 3(8), (9), 4(9), 65 Stat. 705, 708, 709; Pub. L. 85-75, July 1, 1957, 71 Stat. 251.) -COD- CODIFICATION Opening par., and subsecs. (a), (f), (h), and (j) of this section are from act Oct. 10, 1940, Sec. 2, opening par., and pars. (a), (f), and (j). Remainder of paragraphs of section 2 were repealed. See 1951 amendment note set out under this section. Subsec. (o) of this section, which was from Act May 13, 1926, ch. 294, Sec. 1, 44 Stat. 547, made section 5 of this title inapplicable to the Architect of the Capitol in the purchase of supplies and equipment and procurement of services when the aggregate amount thereof did not exceed $1,000 in any instance and was omitted as superseded by section 6a-1 of this title. Subsec. (p) of this section, which was from act June 12, 1917, ch. 27, Sec. 1, 40 Stat. 144, made section 5 of this title inapplicable to expenditures not exceeding $50 by the United States Geological Survey and was repealed by act Oct. 31, 1951, ch. 654, Sec. 1(106), 65 Stat. 705. -MISC1- PRIOR PROVISIONS A prior section 6a, acts Jan. 25, 1929, ch. 102, title IV, 45 Stat. 1136; Apr. 18, 1930, ch. 184, title IV, 46 Stat. 215; Feb. 23, 1931, ch. 280, title IV, 46 Stat. 1352; July 1, 1932, ch. 361, title IV, 47 Stat. 520; Mar. 1, 1933, ch. 144, title IV, 47 Stat. 1409; Apr. 7, 1934, ch. 104, title IV, 48 Stat. 568; Mar. 22, 1935, ch. 39, Sec. 1, 49 Stat. 102; May 15, 1936, ch. 405, 49 Stat. 1347; June 16, 1937, ch. 359, title IV, 50 Stat. 298; Apr. 27, 1938, ch. 180, title IV, 52 Stat. 285; June 29, 1939, ch. 249, 53 Stat. 921; June 26, 1940, ch. 428, title I, 54 Stat. 575, excepted Department of Labor from the provisions of section 5 of this title, prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. AMENDMENTS 1957 - Subsec. (o). Pub. L. 85-75 substituted "$1,000" for "$500". 1951 - Subsec. (a). Act Oct. 31, 1951, Sec. 3(8), struck out "to any purchases when the aggregate amount involved does not exceed $500, nor" before "to any leases". Subsec. (b). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (b) which related to Botanic Garden. Subsec. (c). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (c) which also related to Botanic Garden. Subsec. (d). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (d) which related to Bureau of the Budget. Subsec. (e). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (e) which related to Bureau of Foreign and Domestic Commerce. Subsec. (g). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (g) which related to Department of the Interior. Subsec. (h). Act Oct. 31, 1951, Sec. 3(9), struck out "to any purchase or service when the aggregate amount does not exceed $100, or with respect to articles, materials, or supplies for use outside the United States when the aggregate amount involved does not exceed $300; or" before "when the purchase". Subsec. (i). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (i) which related to Federal Communications Commission. Subsec. (k). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (k) which related to Medical Department of the Army. Subsec. (l). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (l) which related to Social Security Board. Subsec. (m). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (m) which related to Bureau of Mines. Subsec. (n). Act Oct. 31, 1951, Sec. 1(107), repealed subsec. (n) which related to Bureau of Reclamation. Subsec. (o). Act Oct. 31, 1951, Sec. 4(9), increased the maximum from $200 to $500. 1941 - Subsec. (m). Act June 28, 1941, reaffirmed provision respecting Bureau of Mines. REPEALS Section 1(108) of act Oct. 31, 1951, repealed the proviso in act June 28, 1941, cited as a credit to this section, which excepted expenditures not exceeding $500 by the Bureau of Mines from section 5 of this title. Section 1(106) of act Oct. 31, 1951, repealed the proviso in act June 12, 1917, cited as a credit to this section, which excepted expenditures not exceeding $50 by the United States Geological Survey from section 5 of this title. Section 4(a) of act Oct. 10, 1940, provided for repeal of all prior laws, which are covered by that act and that any rights or liabilities existing under those repealed sections or parts of sections shall not be affected by their repeal. LEASES FOR FOREIGN SERVICE OFFICES Provisions contained in annual appropriation acts for the Department of State authorizing the Secretary of State to enter into leases for Foreign Service offices and grounds for periods not exceeding ten years without regard to section 5 of this title were made permanent, and are covered by section 2670 of Title 22, Foreign Relations and Intercourse. -TRANS- BUREAU OF EMPLOYEES' COMPENSATION Section 5 of this title not applicable to any purchase or service of the Bureau of Employees' Compensation outside continental United States when the aggregate amount involved does not exceed $500 under acts July 8, 1947, ch. 210, title II, 61 Stat. 264; June 14, 1948, ch. 465, title II, 62 Stat. 396; June 29, 1949, ch. 275, title II, 63 Stat. 284. This Bureau, with its functions, transferred from Federal Security Agency to Department of Labor by Reorg. Plan No. 19, of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271, set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- GOVERNMENT-OWNED FURNITURE REMOVED TO WASHINGTON, D.C. Act July 30, 1947, ch. 359, title I, 61 Stat. 594, provided in part: "That removal to the seat of government of Government-owned or leased furniture, equipment, supplies, and other property and household goods and personal effects of employees, and costs of restoration of leased office space when required, may be accomplished without regard to section 3709 of the Revised Statutes [section 5 of this title]". SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Section inapplicable to procurement or sale of property or services by Armed Services and National Aeronautics and Space Administration, see section 2314 of Title 10, Armed Forces. -End- -CITE- 41 USC Sec. 6a-1 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6a-1. Architect of the Capitol, exception from advertisement requirements -STATUTE- On and after July 27, 1965, the purchase of supplies and equipment and the procurement of services for all branches under the Architect of the Capitol may be made in the open market without compliance with section 5 of this title in the manner common among businessmen, when the aggregate amount of the purchase or the service does not exceed $25,000 in any instance. -SOURCE- (Pub. L. 89-90, July 27, 1965, 79 Stat. 276; Pub. L. 93-356, Sec. 2, July 25, 1974, 88 Stat. 390; Pub. L. 98-191, Sec. 9(c), Dec. 1, 1983, 97 Stat. 1332.) -MISC1- PRIOR PROVISIONS A prior section 6a-1, acts June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861; May 18, 1916, ch. 125, Sec. 1, 39 Stat. 126; Jan. 12, 1927, ch. 27, 44 Stat. 936, related to purchase of Indian supplies, prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. AMENDMENTS 1983 - Pub. L. 98-191 substituted "$25,000" for "$10,000". 1974 - Pub. L. 93-356 substituted "$10,000" for "$2,500". -End- -CITE- 41 USC Sec. 6a-2 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6a-2. Architect of the Capitol, authority for personal services contracts with legal entities -STATUTE- Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is authorized to contract for personal services with individuals under the provisions of section 5 of this title. -SOURCE- (Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.) -End- -CITE- 41 USC Sec. 6a-3 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6a-3. House of Representatives, exception from advertisement requirements -STATUTE- Section 5 of this title does not apply to purchases and contracts for supplies or services for any office of the House of Representatives in any fiscal year. -SOURCE- (Pub. L. 108-7, div. H, title I, Sec. 104, Feb. 20, 2003, 117 Stat. 354.) -End- -CITE- 41 USC Sec. 6a-4 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6a-4. Director of the Congressional Budget Office, exception from advertisement requirements -STATUTE- (a) Exception The Director of the Congressional Budget Office may enter into agreements or contracts without regard to section 5 of this title. (b) Effective Date This section shall apply to fiscal year 2003 and each fiscal year thereafter. -SOURCE- (Pub. L. 108-7, div. H, title I, Sec. 1102, Feb. 20, 2003, 117 Stat. 370.) -End- -CITE- 41 USC Sec. 6b 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6b. Miscellaneous exceptions from advertisement requirements -STATUTE- (a) Control of insects, pests, and grass diseases Materials and equipment for the control of incipient or emergency outbreaks of insects, pests, or grass diseases, including grasshoppers, Mormon crickets, and chinch bugs, may be procured with any sums appropriated to carry out the provisions of sections 148 to 148e (!1) of title 7 without regard to the provisions of section 5 of this title, and the transportation thereof may be under such conditions and means as shall be determined by the Secretary of Agriculture to be most advantageous. (b) Omitted (c) Operations on Menominee Indian Reservation All contracts for labor or supplies necessary for the carrying on of operations on the Menominee Indian Reservation pursuant to the Act of March 28, 1908 (35 Stat. 51), as amended, shall be exempt from the requirements of section 5 of this title. (d) Sale of Indian produced forest products The lumber and other forest products produced by Indian enterprises from the forests on Indian reservations may be sold under such regulations as the Secretary of the Interior may prescribe, without compliance with section 5 of this title. -SOURCE- (June 24, 1940, ch. 412, 54 Stat. 504; Oct. 10, 1940, ch. 851, Sec. 3, 54 Stat. 1111.) -REFTEXT- REFERENCES IN TEXT Sections 148 to 148e of title 7, referred to in subsec. (a), were repealed. Sections 148, 148a, and 148c to 148e were repealed by Pub. L. 106-224, title IV, Sec. 438(a)(6), June 20, 2000, 114 Stat. 454, and section 148b was repealed by Act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. Act of March 28, 1908 (35 Stat. 51), referred to in subsec. (c), probably means act Mar. 28, 1908, ch. 111, 35 Stat. 51, which is not classified to the Code. -COD- CODIFICATION Subsecs. (a) to (c) are from act Oct. 10, 1940. Subsec. (b), which related to obligations of Civilian Conservation Corps, was omitted because the Corps was liquidated June 30, 1944. Subsec. (d) is from act June 24, 1940, which was formerly classified to section 6mm of this title. Subsec. (e), which related to the employment of experts or consultants in the Canal Zone, was from the General Government Matters Appropriation Act, 1962, Pub. L. 87-125, title III, Sec. 301, Aug. 3, 1961, 75 Stat. 279, and was omitted as not repeated in subsequent appropriation acts. Provisions similar to former subsec. (e) were contained in the following prior appropriation acts: May 13, 1960, Pub. L. 86-451, title II, Sec. 201, 74 Stat. 101. July 13, 1959, Pub. L. 86-88, title II, Sec. 201, 73 Stat. 208. June 25, 1958, Pub. L. 85-469, title II, Sec. 203, 72 Stat. 236. June 13, 1957, Pub. L. 85-52, title II, Sec. 203, 71 Stat. 79, as amended Mar. 28, 1958, Pub. L. 85-352, ch. II, Sec. 201, 72 Stat. 52. June 20, 1956, ch. 415, title II, Sec. 203, 70 Stat. 324. June 30, 1955, ch. 253, title II, Sec. 203, 69 Stat. 236. June 30, 1954, ch. 425, Sec. 104, 68 Stat. 335. July 27, 1953, ch. 245, Sec. 104, 67 Stat. 202. July 11, 1952, ch. 669, Sec. 104, 66 Stat. 584. Oct. 24, 1951, ch. 556, Sec. 104, 65 Stat. 622. Sept. 6, 1950, ch. 896, Ch. IX, Sec. 103, 64 Stat. 730. Oct. 13, 1949, ch. 688, Sec. 4, 63 Stat. 852. June 25, 1948, ch. 655, Sec. 4, 62 Stat. 1026. July 31, 1947, ch. 411, Sec. 4, 61 Stat. 694. May 2, 1946, ch. 247, Sec. 4, 60 Stat. 167. Mar. 31, 1945, ch. 45, Sec. 4, 59 Stat. 45. June 26, 1944, ch. 275, Sec. 4, 58 Stat. 333. June 2, 1943, ch. 115, Sec. 4, 57 Stat. 99. Apr. 28, 1942, ch. 246, Sec. 5, 56 Stat. 225. June 24, 1940, ch. 412, 54 Stat. 504. -MISC1- PRIOR PROVISIONS A prior section 6b, acts Feb. 23, 1931, ch. 281, 46 Stat. 1363; June 30, 1932, ch. 330, 47 Stat. 460; June 16, 1933, ch. 101, 48 Stat. 292; Mar. 28, 1934, ch. 102, title I, 48 Stat. 514; Feb. 2, 1935, ch. 3, 49 Stat. 11; Mar. 19, 1936, ch. 156, 49 Stat. 1173; June 28, 1937, ch. 396, 50 Stat. 336; May 23, 1938, ch. 259, 52 Stat. 418; Mar. 16, 1939, ch. 11, 53 Stat. 532; Apr. 18, 1940, ch. 107, 54 Stat. 131, excepted General Accounting Office from provisions of section 5 of this title, prior to repeal by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Secs. 6c to 6jj 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 6c to 6jj. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111 -MISC1- Section 6c, acts June 22, 1936, ch. 689, 49 Stat. 1604; June 28, 1937, ch. 396, 50 Stat. 341; May 23, 1938, ch. 259, 52 Stat. 424; Mar. 16, 1939, ch. 11, 53 Stat. 539; June 25, 1940, ch. 421, 54 Stat. 566, excepted Rural Electrification Administration from provisions of section 5 of this title when aggregate amount involved did not exceed $100. Section 6d, acts June 22, 1936, ch. 689, 49 Stat. 1605; June 28, 1937, ch. 396, 50 Stat. 344; May 23, 1938, ch. 259, 52 Stat. 426; Mar. 16, 1939, ch. 11, 53 Stat. 540, excepted Social Security Board from provisions of section 5 of this title when aggregate amount involved did not exceed $100. Section 6e, acts May 14, 1937, ch. 180, title I, 50 Stat. 139; Mar. 28, 1938, ch. 55, 52 Stat. 123; May 6, 1939, ch. 115, title I, 53 Stat. 656; Mar. 25, 1940, ch. 71, title I, 54 Stat. 56, excepted Treasury Department from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6f, acts June 16, 1937, ch. 359, title I, 50 Stat. 273; Apr. 27, 1938, ch. 180, title I, 52 Stat. 258; June 29, 1939, ch. 248, title I, 53 Stat. 896; May 14, 1940, ch. 189, title I, 54 Stat. 192, excepted Department of State from provisions of section 5 of this title when aggregate amount involved did not exceed certain specified amounts. Section 6g, acts June 16, 1937, ch. 359, title II, 50 Stat. 275; Apr. 27, 1938, ch. 180, title II, 52 Stat. 260; June 29, 1939, ch. 248, title II, 53 Stat. 898; May 14, 1940, ch. 189, title III, 54 Stat. 201, 202, excepted Federal Bureau of Investigation from provisions of section 5 of this title when aggregate amount did not exceed $50. Section 6h, acts June 16, 1937, ch. 359, title III, 50 Stat. 285; Apr. 27, 1938, ch. 180, title III, 52 Stat. 272, excepted Bureau of Air Commerce from provisions of section 5 of this title when aggregate amount involved did not exceed $100. Section 6i, acts June 28, 1937, ch. 396, 50 Stat. 335; May 23, 1938, ch. 259, 52 Stat. 417; Mar. 16, 1939, ch. 11, 53 Stat. 532; Apr. 18, 1940, ch. 107, 54 Stat. 124, excepted Federal Trade Commission from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6j, acts June 28, 1937, ch. 396, 50 Stat. 338; May 23, 1938, ch. 259, 52 Stat. 420; Mar. 16, 1939, ch. 11, 53 Stat. 534; Apr. 18, 1940, ch. 107, 54 Stat. 133, excepted Interstate Commerce Commission from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6k, acts June 28, 1937, ch. 396, 50 Stat. 339; May 23, 1938, ch. 259, 52 Stat. 421; Mar. 16, 1939, ch. 11, 53 Stat. 536; Apr. 18, 1940, ch. 107, 54 Stat. 135, excepted National Archives from provisions of section 5 of this title when aggregate amount did not exceed $50. Section 6l, acts June 28, 1937, ch. 396, 50 Stat. 339; May 23, 1938, ch. 259, 52 Stat. 422; Mar. 16, 1939, ch. 11, 53 Stat. 537; June 26, 1940, ch. 428, title IV, 54 Stat. 595, excepted National Labor Relations Board from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6m, acts June 28, 1937, ch. 396, 50 Stat. 341; May 23, 1938, ch. 259, 52 Stat. 423; Mar. 16, 1939, ch. 11, 53 Stat. 538; June 26, 1940, ch. 428, title VI, 54 Stat. 596, excepted Railroad Retirement Board from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6n, acts June 28, 1937, ch. 396, 50 Stat. 342; May 23, 1938, ch. 259, 52 Stat. 425; Mar. 16, 1939, ch. 11, 53 Stat. 539; Apr. 18, 1940, ch. 107, 54 Stat. 136, excepted Securities and Exchange Commission from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6o, act Apr. 6, 1937, ch. 69, Sec. 3, as added May 9, 1938, ch. 192, 52 Stat. 344, excepted control of insects and plant diseases from provisions of section 5 of this title. Section 6p, act May 23, 1938, ch. 259, 52 Stat. 417, Mar. 16, 1939, ch. 11, 53 Stat. 531; Apr. 18, 1940, ch. 107, 54 Stat. 124, excepted Federal Power Commission from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6q, acts June 25, 1938, ch. 681, title I, 52 Stat. 1117; Mar. 16, 1939, ch. 11, 53 Stat. 535; Apr. 18, 1940, ch. 107, 54 Stat. 134, excepted Maritime Labor Board from provisions of section 5 of this title when aggregate amount involved did not exceed $100. Section 6r, acts Mar. 16, 1939, ch. 11, 53 Stat. 527; Apr. 18, 1940, ch. 107, 54 Stat. 116, excepted Civil Aeronautics Authority from provisions of section 5 of this title when aggregate amount involved did not exceed $100. Section 6s, acts Aug. 7, 1935, ch. 455, 49 Stat. 540; Feb. 11, 1936, ch. 49, 49 Stat. 1123; May 15, 1936, ch. 405, 49 Stat. 1316; June 16, 1937, ch. 359, 50 Stat. 267; Apr. 27, 1938, ch. 180, 52 Stat. 254; June 29, 1939, ch. 248, title I, 53 Stat. 892; May 14, 1940, ch. 189, title I, 54 Stat. 188, excepted International Technical Committee of Aerial Legal Experts from provisions of section 5 of this title. Section 6t, acts May 15, 1936, ch. 405, 49 Stat. 1315; June 16, 1937, ch. 359, 50 Stat. 267; Apr. 27, 1938, ch. 180, 52 Stat. 253; June 29, 1939, ch. 248, title I, 53 Stat. 891, excepted Bureau of Interparliamentary Union for Promotion of International Arbitration from provisions of section 5 of this title. Section 6u, acts Feb. 20, 1929, ch. 270, 45 Stat. 1243; Apr. 19, 1930, ch. 201, 46 Stat. 243; Feb. 23, 1931, ch. 281, 46 Stat. 1370; Feb. 2, 1935, ch. 3, 49 Stat. 16; Mar. 19, 1936, ch. 156, 49 Stat. 1180; June 28, 1937, ch. 396, 50 Stat. 345; May 23, 1938, ch. 259, 52 Stat. 427; Mar. 16, 1939, ch. 11, 53 Stat. 542; Apr. 18, 1940, ch. 107, 54 Stat. 137, excepted Tariff Commission (now International Trade Commission) from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6v, acts June 28, 1937, ch. 396, 50 Stat. 331; May 23, 1938, ch. 259, 52 Stat. 412; Mar. 16, 1939, ch. 11, 53 Stat. 525; Apr. 18, 1940, ch. 107, 54 Stat. 113, excepted American Battle Monuments Commission from provisions of section 5 of this title when aggregate amount involved did not exceed $500. Section 6v-1, act Apr. 18, 1940, ch. 107, 54 Stat. 113, excepted American Battle Monuments Commission, when entering into leases in foreign countries, from provisions of section 5 of this title. Section 6w, acts June 16, 1938, ch. 464, 52 Stat. 750; June 30, 1939, ch. 253, title II, 53 Stat. 978; June 25, 1940, ch. 421, 54 Stat. 568, excepted Farm Credit Administration from provisions of section 5 of this title when aggregate amount did not exceed $50. Section 6x, act Aug. 25, 1937, ch. 757, title I, 50 Stat. 759, excepted United States Maritime Commission from provisions of section 5 of this title when aggregate amount did not exceed $100. Section 6y, acts Aug. 9, 1939, ch. 633, title I, 53 Stat. 1318; June 18, 1940, ch. 395, 54 Stat. 443, excepted Bureau of Mines from provisions of section 5 of this title when aggregate amount did not exceed $500. Section 6z, act Apr. 18, 1940, ch. 107, 54 Stat. 112, excepted Bureau of the Budget (now Office of Management and Budget) from provisions of section 5 of this title when aggregate amounts involved did not exceed certain specified sums. Section 6aa, act Apr. 18, 1940, ch. 107, 54 Stat. 118, excepted Federal Communications Commission from provisions of section 5 of this title when aggregate amount did not exceed $50. Section 6bb, act Apr. 18, 1940, ch. 107, 54 Stat. 119, excepted Federal Loan Agency from provisions of section 5 of this title when aggregate amounts involved did not exceed certain specified sums. Section 6cc, act Apr. 18, 1940, ch. 107, 54 Stat. 120, excepted Federal Home Loan Bank from provisions of section 5 of this title when aggregate amounts involved did not exceed certain specified sums. Section 6dd, act Apr. 18, 1940, ch. 107, 54 Stat. 131, excepted General Accounting Office from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6ee, acts Feb. 11, 1927, ch. 104, 44 Stat. 1081; Apr. 18, 1940, ch. 107, 54 Stat. 137, excepted Tariff Commission (now International Trade Commission) from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6ff, act May 14, 1940, ch. 189, title I, 54 Stat. 189, excepted International Boundary Commission, United States and Mexico, from provisions of section 5 of this title when aggregate amount involved did not exceed $500. Section 6gg, act May 14, 1940, ch. 189, title IV, 54 Stat. 211, excepted Administrative Office of United States Courts from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6hh, act June 11, 1940, ch. 313, title I, 54 Stat. 290, excepted Navy Department from provisions of section 5 of this title when aggregate amount involved did not exceed $50. Section 6ii, acts Jan. 25, 1929, ch. 102, title III, 45 Stat. 1119; Apr. 18, 1930, ch. 184, title III, 46 Stat. 198; Feb. 23, 1931, ch. 280, title III, 46 Stat. 1334; July 1, 1932, ch. 361, title III, 47 Stat. 502; Mar. 1, 1933, ch. 144, title III, 47 Stat. 1393; Apr. 7, 1934, ch. 104, title III, 48 Stat. 551; Mar. 22, 1935, ch. 39, 49 Stat. 90; May 15, 1936, ch. 405, 49 Stat. 1336; June 16, 1937, ch. 359, title III, 50 Stat. 287; Apr. 27, 1938, ch. 180, title III, 52 Stat. 273; June 29, 1939, ch. 248, title III, 53 Stat. 909, excepted Bureau of Foreign and Domestic Commerce from provisions of section 5 of this title when aggregate amount involved did not exceed $100. Section 6jj, acts May 13, 1926, ch. 294, 44 Stat. 548; Feb. 23, 1927, ch. 168, 44 Stat. 1157; May 14, 1928, ch. 551, 45 Stat. 528; Feb. 28, 1929, ch. 367, 45 Stat. 1397; June 6, 1930, ch. 407, 46 Stat. 516; Feb. 20, 1931, ch. 234, 46 Stat. 1186; June 30, 1932, ch. 314, 47 Stat. 393; Feb. 28, 1933, ch. 134, 47 Stat. 1362; May 30, 1934, ch. 372, 48 Stat. 828; July 8, 1935, ch. 374, 49 Stat. 471; Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 392; June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474, excepted Botanic Garden, in purchase of trees and plants, from provisions of section 5 of this title when aggregate amount involved did not exceed $300. -End- -CITE- 41 USC Sec. 6kk 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6kk. Omitted -COD- CODIFICATION Section, acts Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 393; June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474, which excepted Botanic Garden, in purchase of supplies and equipment, from provisions of section 5 of this title when aggregate amount did not exceed $50, was superseded by subsection (b) of section 6a of this title which was itself repealed by act Oct. 31, 1951, ch. 654, Sec. 1(107), 65 Stat. 705. -End- -CITE- 41 USC Sec. 6ll 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6ll. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111 -MISC1- Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, excepted National Advisory Committee for Aeronautics from provisions of section 5 of this title when aggregate amount involved did not exceed $50. -End- -CITE- 41 USC Sec. 6mm 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6mm. Transferred -COD- CODIFICATION Section, act June 24, 1940, ch. 412, 54 Stat. 504, which excepted forest products by Indian enterprises from the forests on Indian reservations, was transferred to subsec. (d) of section 6b of this title. -End- -CITE- 41 USC Secs. 7 to 7d 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 7 to 7d. Repealed. June 30, 1949, ch. 288, title VI, Sec. 602(a)(29)-(31), formerly title V, Sec. 502(a)(29)-(31), 63 Stat. 401; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583 -MISC1- Section 7, act June 17, 1910, ch. 297, Sec. 4, 36 Stat. 531; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord. No. 6623, eff. Mar. 1, 1934, related to advertisements and contracts for miscellaneous supplies for executive departments and other government establishments in Washington; Procurement Division in Department of Treasury; bond of contractor; and purchase or drawing of supplies. Section 7a, act Feb. 27, 1929, ch. 354, Sec. 1, 45 Stat. 1341; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord. No. 6623, eff. Mar. 1, 1934, related to consolidation and coordination of government purchases. Section 7b, act Feb. 27, 1929, ch. 354, Sec. 2, 45 Stat. 1342; Ex. Ord. No. 6166, Sec. 1, June 10, 1933, as amended by Ex. Ord. No. 6623, Mar. 1, 1934, provided for requisition of supplies and reimbursement. Section 7c, act Feb. 27, 1929, ch. 354, Sec. 3, 45 Stat. 1342; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord. No. 6623, eff. Mar. 1, 1934, provided for a general supply fund and reports and audits. Section 7c-1, act May 14, 1935, ch. 110, 49 Stat. 234; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord. No. 6623, eff. Mar. 1, 1934, related to expenditures incidental to operation of government fuel yards. Section 7d, act Feb. 27, 1929, ch. 354, Sec. 4, 45 Stat. 1342, related to Secretary of Treasury's authority to prescribe regulations. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1949, see section 605 of act June 30, 1949. -End- -CITE- 41 USC Sec. 8 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 8. Opening bids -STATUTE- Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attorney, and a record of each bid shall then and there be made. -SOURCE- (R.S. Sec. 3710.) -COD- CODIFICATION R.S. Sec. 3710 derived from Res. Jan. 31, 1868, No. 8, 15 Stat. 246. -MISC1- EXEMPTION OF FUNCTIONS Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Intercourse. -End- -CITE- 41 USC Sec. 9 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 9. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25 -MISC1- Section, R.S. Sec. 3717, related to separate proposals for works or material or labor. See sections 2303 to 2305 of Title 10, Armed Forces. EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Feb. 19, 1948, see section 13 of act Feb. 19, 1948. -End- -CITE- 41 USC Sec. 10 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10. Omitted -COD- CODIFICATION Section, act Mar. 3, 1875, ch. 133, Sec. 2, 18 Stat. 455, related to preferential treatment of American material in contracts for public improvements, was superseded. See sections 10a to 10d of this title. -End- -CITE- 41 USC Sec. 10a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10a. American materials required for public use -STATUTE- Notwithstanding any other provision of law, and unless the head of the department or independent establishment concerned shall determine it to be inconsistent with the public interest, or the cost to be unreasonable, only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, shall be acquired for public use. This section shall not apply with respect to articles, materials, or supplies for use outside the United States, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. This section shall not apply to manufactured articles, materials, or supplies procured under any contract the award value of which is less than or equal to the micro-purchase threshold under section 428 of this title. -SOURCE- (Mar. 3, 1933, ch. 212, title III, Sec. 2, 47 Stat. 1520; Pub. L. 100-418, title VII, Sec. 7005(b), Aug. 23, 1988, 102 Stat. 1553; Pub. L. 103-355, title IV, Sec. 4301(b), Oct. 13, 1994, 108 Stat. 3347.) -MISC1- AMENDMENTS 1994 - Pub. L. 103-355 inserted at end "This section shall not apply to manufactured articles, materials, or supplies procured under any contract the award value of which is less than or equal to the micro-purchase threshold under section 428 of this title." 1988 - Pub. L. 100-418, Secs. 7004, 7005(b), temporarily substituted "Federal agency" for "department or independent establishment". See Effective and Termination Dates of 1988 Amendment note below. EFFECTIVE DATE OF 1994 AMENDMENT Section 4301(c) of Pub. L. 103-355 provided that: "Notwithstanding any other provision of law - "(1) section 32 of the Office of Federal Procurement Policy Act [41 U.S.C. 428], as added by subsection (a); and "(2) the amendment made by subsection (b) [amending this section]; shall take effect on the date of the enactment of this Act [Oct. 13, 1994] and shall be implemented in the Federal Acquisition Regulation not later than 60 days after such date of enactment." EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Section 7004 of title VII of Pub. L. 100-418 provided that: "The amendments made by this title [see Short Title of 1988 Amendment note below] shall cease to be effective on April 30, 1996, unless the Congress, after reviewing the report required by section 305(k) of the Trade Agreements Act of 1979 [former 19 U.S.C. 2515(k)], and other relevant information, extends such date. After such date, the President may modify or terminate any or all actions taken pursuant to such amendments." Section 7005(f) of title VII of Pub. L. 100-418 provided that: "The amendments made by this section [amending sections 10a, 10b, 10c, and 10d of this title and section 2511 of Title 19, Customs Duties] shall take effect upon enactment [Aug. 23, 1988]." SHORT TITLE OF 1988 AMENDMENT Section 7001 of title VII of Pub. L. 100-418 provided that: "This title [enacting section 10b-1 of this title, amending this section, sections 10b, 10c, and 10d of this title, and sections 2511 and 2515 of Title 19, Customs Duties, enacting provisions set out as notes under section 10a of this title, and amending provisions set out as notes under section 10c of this title] may be cited as the 'Buy American Act of 1988'." SHORT TITLE Section 7, formerly section 5, of title III of act Mar. 3, 1933, as added by Pub. L. 103-355, title X, Sec. 10005(f)(4), Oct. 13, 1994, 108 Stat. 3409, and renumbered and amended by Pub. L. 104- 106, div. D, title XLIII, Sec. 4321(a)(11), Feb. 10, 1996, 110 Stat. 671, provided that: "This title [enacting this section, sections 10b and 10c of this title, and provisions set out as notes under section 10c of this title] may be cited as the 'Buy American Act'." IMPLEMENTATION OF BUY AMERICAN ACT WITH RESPECT TO CERTAIN WATER RESOURCE PROJECTS Pub. L. 100-371, title V, Sec. 508, July 19, 1988, 102 Stat. 875, provided that: "(a) General Rule. - For purposes of title III of the Act of March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a-10c) [41 U.S.C. 10a, 10b, 10b-1, 10c], commonly known as the Buy American Act, a cofferdam or any other temporary structure to be constructed by the Secretary of the Army, acting through the Chief of Engineers, shall be treated in the same manner as a permanent dam constructed by the Secretary of the Army. "(b) Applicability. - Subsection (a) shall only apply to contracts entered into after the date of the enactment of this Act [July 19, 1988]." EXEMPTION OF FUNCTIONS Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Intercourse. -EXEC- APPLICABILITY OF BUY AMERICAN ACT WITH RESPECT TO EUROPEAN COMMUNITY For applicability of Buy American Act to procurements covered by agreement with the European Community on government procurement, see Ex. Ord. No. 12849, May 25, 1993, 58 F.R. 30931, set out as a note under section 2511 of Title 19, Customs Duties. -End- -CITE- 41 USC Sec. 10b 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10b. Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements -STATUTE- (a) Every contract for the construction, alteration, or repair of any public building or public work in the United States growing out of an appropriation heretofore made or hereafter to be made shall contain a provision that in the performance of the work the contractor, subcontractors, material men, or suppliers, shall use only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States except as provided in section 10a of this title: Provided, however, That if the head of the department or independent establishment making the contract shall find that in respect to some particular articles, materials, or supplies it is impracticable to make such requirement or that it would unreasonably increase the cost, an exception shall be noted in the specifications as to that particular article, material, or supply, and a public record made of the findings which justified the exception. (b) If the head of a department, bureau, agency, or independent establishment which has made any contract containing the provision required by subsection (a) of this section finds that in the performance of such contract there has been a failure to comply with such provisions, he shall make public his findings, including therein the name of the contractor obligated under such contract, and no other contract for the construction, alteration, or repair of any public building or public work in the United States or elsewhere shall be awarded to such contractor, subcontractors, material men, or suppliers with which such contractor is associated or affiliated, within a period of three years after such findings is made public. -SOURCE- (Mar. 3, 1933, ch. 212, title III, Sec. 3, 47 Stat. 1520; Pub. L. 100-418, title VII, Sec. 7005(c), Aug. 23, 1988, 102 Stat. 1553.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-418, Secs. 7004, 7005(c)(1), which directed that this section be temporarily amended by substituting "Federal agency" for "department or independent establishment", was executed to subsec. (a) as the probable intent of Congress. See Termination Date of 1988 Amendment note below. Subsec. (b). Pub. L. 100-418, Secs. 7004, 7005(c)(2), temporarily substituted "Federal agency" for "department, bureau, agency, or independent establishment". See Termination Date of 1988 Amendment note below. TERMINATION DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30, 1996, unless Congress, after reviewing report required by former section 2515(k) of Title 19, Customs Duties, extends such date, see section 7004 of Pub. L. 100-418, set out as an Effective and Termination Dates of 1988 Amendment note under section 10a of this title. PROHIBITION ON USE OF FUNDS FOR CONSTRUCTION CONTRACTS WITH CONTRACTORS OF FOREIGN COUNTRIES WHICH DENY UNITED STATES CONTRACTORS FAIR OPPORTUNITIES IN CONSTRUCTION PROJECTS OF THAT COUNTRY'S GOVERNMENT Provisions prohibiting the obligation or expenditure of funds to enter into any contract for construction, alteration, or repair of any public building or public work in the United States or any territory or possession of the United States with any contractor or subcontractor of a foreign country, or any supplier of products of a foreign country, during any period in which such foreign country denies fair and equitable market opportunities for products and services of the United States in procurement or bidding for construction projects that cost more than $500,000 and are funded in whole or in part by the government of such foreign country or by an entity controlled directly or indirectly by such foreign country were contained in the following appropriation acts: Pub. L. 101-516, title III, Sec. 340, Nov. 5, 1990, 104 Stat. 2187. Pub. L. 101-514, title V, Sec. 511, Nov. 5, 1990, 104 Stat. 2098. Pub. L. 100-202, Sec. 109, Dec. 22, 1987, 101 Stat. 1329-434; Pub. L. 105-362, title XIV, Sec. 1401(d), Nov. 10, 1998, 112 Stat. 3294. -End- -CITE- 41 USC Sec. 10b-1 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10b-1. Omitted -COD- CODIFICATION Section, act Mar. 3, 1933, ch. 212, title III, Sec. 4, as added Aug. 23, 1988, Pub. L. 100-418, title VII, Sec. 7002(2), 102 Stat. 1545; amended Oct. 13, 1994, Pub. L. 103-355, title VII, Sec. 7206(a), 108 Stat. 3382, which related to prohibition on procurement contracts, was omitted in view of section 7004 of Pub. L. 100-418 which provided that the amendment by Pub. L. 100-418 enacting this section ceased to be effective on Apr. 30, 1996. See section 7004 of Pub. L. 100-418, set out as an Effective and Termination Dates of 1988 Amendment note under section 10a of this title. Another prior section 4 of act Mar. 3, 1933, was temporarily renumbered section 5 and is set out as a note under section 10c of this title. -End- -CITE- 41 USC Sec. 10b-2 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10b-2. Limitation on authority to waive Buy American Act requirement -STATUTE- (a) Buy American Act waiver rescissions (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. (b) Definition For purposes of this section, the term "Buy American Act" means title III of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes", approved March 3, 1933 (41 U.S.C. 10a et seq.). -SOURCE- (Pub. L. 103-160, div. A, title VIII, Sec. 849(c), (d), Nov. 30, 1993, 107 Stat. 1725.) -REFTEXT- REFERENCES IN TEXT The Buy American Act, referred to in text, is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which enacted sections 10a, 10b, and 10c of this title, and enacted provisions set out as notes under section 10c of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10a of this title and Tables. -COD- CODIFICATION Subsecs. (a) and (b) were in the original subsecs. (c) and (d), respectively, and were editorially redesignated for purposes of codification. Pub. L. 103-160, Sec. 849(c), (d), which comprises this section, was formerly set out as a note under this section. -MISC1- SIMILAR PROVISIONS Provisions similar to those in this section and section 10b-3 of this title were contained in the following acts: Pub. L. 109-148, div. A, title VIII, Sec. 8030, Dec. 30, 2005, 119 Stat. 2705. Pub. L. 108-287, title VIII, Sec. 8032, Aug. 5, 2004, 118 Stat. 977. Pub. L. 108-87, title VIII, Sec. 8033, Sept. 30, 2003, 117 Stat. 1079. Pub. L. 107-248, title VIII, Sec. 8033, Oct. 23, 2002, 116 Stat. 1544. Pub. L. 107-117, div. A, title VIII, Sec. 8036, Jan. 10, 2002, 115 Stat. 2255. Pub. L. 106-259, title VIII, Sec. 8036, Aug. 9, 2000, 114 Stat. 682. Pub. L. 106-79, title VIII, Sec. 8038, Oct. 25, 1999, 113 Stat. 1239. Pub. L. 105-262, title VIII, Sec. 8038, Oct. 17, 1998, 112 Stat. 2305. Pub. L. 105-56, title VIII, Sec. 8040, Oct. 8, 1997, 111 Stat. 1229. Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec. 8042], Sept. 30, 1996, 110 Stat. 3009-71, 3009-97. Pub. L. 104-61, title VIII, Sec. 8051, Dec. 1, 1995, 109 Stat. 662. Pub. L. 103-335, title VIII, Sec. 8058, Sept. 30, 1994, 108 Stat. 2631. Pub. L. 103-139, title VIII, Sec. 8069, Nov. 11, 1993, 107 Stat. 1455. Pub. L. 102-396, title IX, Sec. 9096, Oct. 6, 1992, 106 Stat. 1924, as amended by Pub. L. 103-355, title VII, Sec. 7206(b), Oct. 13, 1994, 108 Stat. 3382. Pub. L. 102-190, div. A, title VIII, Sec. 833, Dec. 5, 1991, 105 Stat. 1447. Pub. L. 102-172, title VIII, Sec. 8123, Nov. 26, 1991, 105 Stat. 1205. Pub. L. 101-189, div. A, title VIII, Sec. 823, Nov. 29, 1989, 103 Stat. 1504. -End- -CITE- 41 USC Sec. 10b-3 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10b-3. Annual report relating to Buy American Act -STATUTE- The Secretary of Defense shall submit to Congress, not later than 60 days after the end of each fiscal year, a report on the amount of purchases by the Department of Defense from foreign entities in that fiscal year. Such report shall separately indicate the dollar value of items for which the Buy American Act (41 U.S.C. 10a et seq.) was waived pursuant to any of the following: (1) Any reciprocal defense procurement memorandum of understanding described in section 10b-2(a)(2) of this title. (2) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) (3) Any international agreement to which the United States is a party. -SOURCE- (Pub. L. 104-201, div. A, title VIII, Sec. 827, Sept. 23, 1996, 110 Stat. 2611; Pub. L. 105-85, div. A, title VIII, Sec. 846, Nov. 18, 1997, 111 Stat. 1845; Pub. L. 105-261, div. A, title VIII, Sec. 812, Oct. 17, 1998, 112 Stat. 2086.) -REFTEXT- REFERENCES IN TEXT The Buy American Act, referred to in text, is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which enacted sections 10a, 10b, and 10c of this title, and enacted provisions set out as notes under section 10c of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10a of this title and Tables. The Trade Agreements Act of 1979, referred to in par. (2), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of Title 19, Customs Duties, and Tables. -MISC1- AMENDMENTS 1998 - Pub. L. 105-261 substituted "60 days" for "90 days" in introductory provisions. 1997 - Pub. L. 105-85 substituted "90 days" for "120 days" in introductory provisions. SIMILAR PROVISIONS Provisions similar to those in this section were contained in the acts listed in the Similar Provisions note set out under section 10b-2 of this title. -End- -CITE- 41 USC Sec. 10c 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10c. Definition of terms used in sections 10a, 10b, and 10c -STATUTE- When used in sections 10a, 10b, and 10c of this title - (a) The term "United States", when used in a geographical sense, includes the United States and any place subject to the jurisdiction thereof; (b) The terms "public use", "public building", and "public work" shall mean use by, public building of, and public work of, the United States, the District of Columbia, Puerto Rico, American Samoa, the Canal Zone, and the Virgin Islands. -SOURCE- (Mar. 3, 1933, ch. 212, title III, Sec. 1, 47 Stat. 1520; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L. 86- 70, Sec. 43, June 25, 1959, 73 Stat. 151; Pub. L. 86-624, Sec. 28, July 12, 1960, 74 Stat. 419; Pub. L. 100-418, title VII, Sec. 7005(a), Aug. 23, 1988, 102 Stat. 1552.) -REFTEXT- REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (b), see section 3602(b) of Title 22, Foreign Relations and Intercourse. -COD- CODIFICATION Words "the Philippine Islands" in subsec. (b) of this section were deleted as obsolete in view of recognition of independence of the Philippines by Proc. No. 2695, which was issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, and is set out as a note under section 1394. -MISC1- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-418, Secs. 7004, 7005(a), temporarily added subsec. (c) which read as follows: "The term 'Federal agency' has the meaning given such term by section 472 of title 40, which includes the Departments of the Army, Navy, and Air Force." See Termination Date of 1988 Amendment note below. 1960 - Subsec. (b). Pub. L. 86-624 struck out Hawaii. 1959 - Subsec. (b). Pub. L. 86-70 struck out Alaska. TERMINATION DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30, 1996, unless Congress, after reviewing report required by former section 2515(k) of Title 19, Customs Duties, extends such date, see section 7004 of Pub. L. 100-418, set out as an Effective and Termination Dates of 1988 Amendment note under section 10a of this title. EFFECTIVE DATE Section 4 of title III of act Mar. 3, 1933, as temporarily renumbered Sec. 5 by Pub. L. 100-418, title VII, Sec. 7002(1), Aug. 23, 1988, 102 Stat. 1545, provided: "This title [enacting this section and sections 10a and 10b of this title] shall take effect on the date of its enactment [Mar. 3, 1933], but shall not apply to any contract entered into prior to such effective date." SEPARABILITY Section 5 of title III of act Mar. 3, 1933, as temporarily renumbered Sec. 6 by Pub. L. 100-418, title VII, Sec. 7002(1), Aug. 23, 1988, 102 Stat. 1545, provided: "If any provision of this Act [see Tables for classification], or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application thereof to other persons or circumstances, shall not be affected thereby." -End- -CITE- 41 USC Sec. 10d 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10d. Clarification of Congressional intent regarding sections 10a and 10b(a) -STATUTE- In order to clarify the original intent of Congress, hereafter, section 10a of this title and that part of section 10b(a) of this title preceding the words "Provided, however," shall be regarded as requiring the purchase, for public use within the United States, of articles, materials, or supplies manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality, unless the head of the department or independent establishment concerned shall determine their purchase to be inconsistent with the public interest or their cost to be unreasonable. -SOURCE- (Oct. 29, 1949, ch. 787, title VI, Sec. 633, 63 Stat. 1024; Pub. L. 100-418, title VII, Sec. 7005(d), Aug. 23, 1988, 102 Stat. 1553.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-418, Secs. 7004, 7005(d), temporarily substituted "Federal agency" for "department or independent establishment". See Termination Date of 1988 Amendment note below. TERMINATION DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30, 1996, unless Congress, after reviewing report required by former section 2515(k) of Title 19, Customs Duties, extends such date, see section 7004 of Pub. L. 100-418, set out as an Effective and Termination Dates of 1988 Amendment note under section 10a of this title. -EXEC- EX. ORD. NO. 10582. UNIFORM PROCEDURES FOR DETERMINATIONS Ex. Ord. No. 10582, Dec. 17, 1954, 19 F.R. 8723, as amended by Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: Section 1. As used in this order, (a) the term "materials" includes articles and supplies, (b) the term "executive agency" includes executive department, independent establishment, and other instrumentality of the executive branch of the Government, and (c) the term "bid or offered price of materials of foreign origin" means the bid or offered price of such materials delivered at the place specified in the invitation to bid including applicable duty and all costs incurred after arrival in the United States. Sec. 2. (a) For the purposes of this order materials shall be considered to be of foreign origin if the cost of the foreign products used in such materials constitutes fifty per centum or more of the cost of all the products used in such materials. (b) For the purposes of the said act of March 3, 1933 [see Tables for classification], and the other laws referred to in the first paragraph of the preamble of this order, the bid or offered price of materials of domestic origin shall be deemed to be unreasonable, or the purchase of such materials shall be deemed to be inconsistent with the public interest, if the bid or offered price thereof exceeds the sum of the bid or offered price of like materials of foreign origin and a differential computed as provided in subsection (c) of this section. (c) The executive agency concerned shall in each instance determine the amount of the differential referred to in subsection (b) of this section on the basis of one of the following-described formulas, subject to the terms thereof: (1) The sum determined by computing six per centum of the bid or offered price of materials of foreign origin. (2) The sum determined by computing ten per centum of the bid or offered price of materials of foreign origin exclusive of applicable duty and all costs incurred after arrival in the United States: provided that when the bid or offered price of materials of foreign origin amounts to less than $25,000, the sum shall be determined by computing ten per centum of such price exclusive only of applicable duty. Sec. 3. Nothing in this order shall affect the authority or responsibility of an executive agency: (a) To reject any bid or offer for reasons of the national interest not described or referred to in this order; or (b) To place a fair proportion of the total purchases with small business concerns in accordance with section 302(b) of the Federal Property and Administrative Services Act of 1949, as amended [41 U.S.C. 252(b)], section 2(b) of the Armed Services Procurement Act of 1947, as amended [41 U.S.C. 151(b)], and section 202 of the Small Business Act of 1953 [15 U.S.C. 631]; or (c) To reject a bid or offer to furnish material of foreign origin in any situation in which the domestic supplier offering the lowest price for furnishing the desired materials undertakes to produce substantially all of such materials in areas of substantial unemployment, as determined by the Secretary of Labor in accordance with such appropriate regulations as he may establish and during such period as the President may determine that it is in the national interest to provide to such areas preference in the award of Government contracts: Provided, that nothing in this section shall prevent the rejection of a bid or offered price which is excessive; or (d) To reject any bid or offer for materials of foreign origin if such rejection is necessary to protect essential national-security interests after receiving advice with respect thereto from the President or from the Director of the Federal Emergency Management Agency. In providing this advice the Director shall be governed by the principle that exceptions under this section shall be made only upon a clear showing that the payment of a greater differential than the procedures of this section generally prescribe is justified by consideration of national security. Sec. 4. The head of each executive agency shall issue such regulations as may be necessary to insure that procurement practices under his jurisdiction conform to the provisions of this order. Sec. 5. This order shall apply only to contracts entered into after the date hereof. In any case in which the head of an executive agency proposing to purchase domestic materials determines that a greater differential than that provided in this order between the cost of such materials of domestic origin and materials of foreign origin is not unreasonable or that the purchase of materials of domestic origin is not inconsistent with the public interest, this order shall not apply. A written report of the facts of each case in which such a determination is made shall be submitted to the President through the Director of the Office of Management and Budget by the official making the determination within 30 days thereafter. -End- -CITE- 41 USC Sec. 11 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 11. No contracts or purchases unless authorized or under adequate appropriation; report to the Congress -STATUTE- (a) No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the Department of Defense and in the Department of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies, which, however, shall not exceed the necessities of the current year. (b) The Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy shall immediately advise the Congress of the exercise of the authority granted in subsection (a) of this section, and shall report quarterly on the estimated obligations incurred pursuant to the authority granted in subsection (a) of this section. -SOURCE- (R.S. Sec. 3732; June 12, 1906, ch. 3078, 34 Stat. 255; Pub. L. 89- 687, title VI, Sec. 612(e), Oct. 15, 1966, 80 Stat. 993; Pub. L. 98-557, Sec. 17(e), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 104-106, div. D, title XLIII, Sec. 4322(b)(4), Feb. 10, 1996, 110 Stat. 677.) -COD- CODIFICATION R.S. Sec. 3732 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12 Stat. 220. -MISC1- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-106 struck out second comma after "quarters". 1984 - Subsec. (a). Pub. L. 98-557, Sec. 17(e)(1)(A), substituted "except in the Department of Defense and in the Department of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy" for "except in the War and Navy Departments". Pub. L. 98-557, Sec. 17(e)(1)(B), substituted ", transportation, or medical and hospital supplies" for "or transportation", such change having been made by Act June 12, 1906, thereby requiring no further change in text. See Repeals note below. Subsec. (b). Pub. L. 98-557, Sec. 17(e)(2), inserted provisions relating to the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. 1966 - Pub. L. 89-687 designated existing provisions as subsec. (a) and added subsec (b). 1906 - Act June 12, 1906, inserted "medical and hospital supplies". EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104- 106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title. REPEALS The first proviso under the heading "medical department" in act June 12, 1906, ch. 3078, 34 Stat. 255, cited as a credit to this section, was repealed by Pub. L. 98-557, Sec. 17(e)(3), Oct. 30, 1984, 98 Stat. 2868. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 41 USC Sec. 11a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 11a. Contracts for fuel by Secretary of the Army without regard to current fiscal year -STATUTE- When, in the opinion of the Secretary of the Army, it is in the interest of the United States so to do, he is authorized to enter into contracts and to incur obligations for fuel in sufficient quantities to meet the requirements for one year without regard to the current fiscal year, and payments for supplies delivered under such contracts may be made from funds appropriated for the fiscal year in which the contract is made, or from funds appropriated or which may be appropriated for such supplies for the ensuing fiscal year. -SOURCE- (June 30, 1921, ch. 33, Sec. 1, 42 Stat. 78; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section was formerly classified to section 668 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain procurement and related functions and property, and functions relating to finance and fiscal matters, insofar as they pertain to Air Force, from Secretary of the Army to Secretary of the Air Force, see Secretary of Defense Transfer Order Nos. 6, eff. Jan. 15, 1948; 25, Oct. 14, 1948; 39, May 18, 1949; and 40 [App. B(93)], July 22, 1949. Public Buildings Administration abolished by act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, and functions transferred to General Services Administration. See text of, and Historical and Revision Notes under, section 303(b) of Title 40, Public Buildings, Property, and Works. Public Buildings Branch of Procurement Division (Bureau of Federal Supply) of Treasury Department transferred to Public Buildings Administration within Federal Works Agency, see Reorg. Plan No. I of 1939, Secs. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, set out in the Appendix to Title 5, Government Organization and Employees. Functions of procurement of supplies, services, stores, etc., exercised by any other agency transferred to Procurement Division in Treasury Department by Ex. Ord. No. 6166, Sec. 1, June 10, 1933, set out as a note under section 901 of Title 5. Name of Procurement Division changed to Bureau of Federal Supply by Treasury Department Order 73 dated Nov. 19, 1946. Bureau transferred on July 1, 1949, to General Services Administration, where it functions as Federal Supply Service, pursuant to act June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380. -End- -CITE- 41 USC Sec. 12 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 12. No contract to exceed appropriation -STATUTE- No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose. -SOURCE- (R.S. Sec. 3733.) -COD- CODIFICATION R.S. Sec. 3733 derived from act July 25, 1868, ch. 233, Sec. 3, 15 Stat. 177. -End- -CITE- 41 USC Sec. 13 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 13. Contracts limited to one year -STATUTE- Except as otherwise provided, it shall not be lawful for any of the executive departments to make contracts for stationery or other supplies for a longer term than one year from the time the contract is made. -SOURCE- (R.S. Sec. 3735.) -COD- CODIFICATION R.S. Sec. 3735 derived from Res. Jan. 31, 1868, No. 8, 15 Stat. 246; Res. Mar. 24, 1874, No. 6, 18 Stat. 286. "Except as otherwise provided," was first inserted by the Revisers of the 1934 edition of the Code. -MISC1- EXEMPTION OF FUNCTIONS Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Intercourse. SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Section inapplicable to procurement or sale of property or services by Armed Services and National Aeronautics and Space Administration, see section 2314 of Title 10, Armed Forces. -End- -CITE- 41 USC Sec. 13a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 13a. Repealed. Pub. L. 86-682, Sec. 12(c), Sept. 2, 1960, 74 Stat. 710 -MISC1- Section, Joint Res. Mar. 24, 1874, No. 6, 18 Stat. 286, excepted mail bags, mail locks, and keys from provisions of section 13 of this title. -End- -CITE- 41 USC Sec. 14 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 14. Restriction on purchases of land -STATUTE- No land shall be purchased on account of the United States, except under a law authorizing such purchase. -SOURCE- (R.S. Sec. 3736.) -COD- CODIFICATION R.S. Sec. 3736 derived from act May 1, 1820, ch. 52, Sec. 7, 3 Stat. 568. -End- -CITE- 41 USC Sec. 15 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 15. Transfers of contracts; assignments; assignee not subject to reduction or setoff -STATUTE- (a) Transfer No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States is concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States. (b) Assignment The provisions of subsection (a) of this section shall not apply in any case in which the moneys due or to become due from the United States or from any agency or department thereof, under a contract providing for payments aggregating $1,000 or more, are assigned to a bank, trust company, or other financing institution, including any Federal lending agency, provided: (1) That, in the case of any contract entered into after October 9, 1940, no claim shall be assigned if it arises under a contract which forbids such assignment. (2) That, unless otherwise expressly permitted by such contract, any such assignment shall cover all amounts payable under such contract and not already paid, shall not be made to more than one party, and shall not be subject to further assignment, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. (3) That, in the event of any such assignment, the assignee thereof shall file written notice of the assignment together with a true copy of the instrument of the assignment with - (A) the contracting officer or the head of his department or agency; (B) the surety or sureties upon the bond or bonds, if any, in connection with such contract; and (C) the disbursing officer, if any, designated in such contract to make payment. (c) Validity of assignment Notwithstanding any law to the contrary governing the validity of assignments, any assignment pursuant to this section shall constitute a valid assignment for all purposes. (d) Assignee liability In any case in which moneys due or to become due under any contract are or have been assigned pursuant to this section, no liability of any nature of the assignor to the United States or any department or agency thereof, whether arising from or independently of such contract, shall create or impose any liability on the part of the assignee to make restitution, refund, or repayment to the United States of any amount heretofore since July 1, 1950, or hereafter received under the assignment. (e) Amendment of contract Any contract of the Department of Defense, the General Services Administration, the Department of Energy, or any other department or agency of the United States designated by the President, except any such contract under which full payment has been made, may, upon a determination of need by the President, provide or be amended without consideration to provide that payments to be made to the assignee of any moneys due or to become due under such contract shall not be subject to reduction or setoff. Each such determination of need shall be published in the Federal Register. (f) Assignor liability arising independent of contract If a provision described in subsection (e) of this section or a provision to the same general effect has been at any time heretofore or is hereafter included or inserted in any such contract, payments to be made thereafter to an assignee of any moneys due or to become due under such contract shall not be subject to reduction or setoff for any liability of any nature of the assignor to the United States or any department or agency thereof which arises independently of such contract, or hereafter for any liability of the assignor on account of - (1) renegotiation under any renegotiation statute or under any statutory renegotiation article in the contract; (2) fines; (3) penalties (which term does not include amounts which may be collected or withheld from the assignor in accordance with or for failure to comply with the terms of the contract); or (4) taxes, social security contributions, or the withholding or non withholding of taxes or social security contributions, whether arising from or independently of such contract. (g) Accrued rights and obligations Except as herein otherwise provided, nothing in this section shall be deemed to affect or impair rights or obligations heretofore accrued. -SOURCE- (R.S. Sec. 3737; Oct. 9, 1940, ch. 779, Sec. 1, 54 Stat. 1029; May 15, 1951, ch. 75, 65 Stat. 41; Pub. L. 103-355, title II, Sec. 2451, Oct. 13, 1994, 108 Stat. 3324; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(9), Feb. 10, 1996, 110 Stat. 676.) -COD- CODIFICATION R.S. Sec. 3737 derived from act July 17, 1862, ch. 200, Sec. 14, 12 Stat. 596. -MISC1- AMENDMENTS 1996 - Subsec. (g). Pub. L. 104-106 substituted "rights or obligations" for "rights of obligations". 1994 - Pub. L. 103-355, Sec. 2451, amended section generally, revising it as follows: Subsec. (a), designated first par. as subsec. (a) and substituted "is concerned" for "are concerned". Subsec. (b), designated second par. as subsec. (b) and inserted subpar. and cl. designations; substituted in introductory provisions "provisions of subsection (a) of this section" for "provisions of the preceding paragraph" and "lending agency, provided:" for "lending agency: Provided,"; in par. designations, "That," for "That" and periods for semicolons at end; and struck out former par. 1 which read as follows: "That in the case of any contract entered into prior to October 9, 1940, no claim shall be assigned without the consent of the head of the department or agency concerned;". Subsec. (c), designated third par. as subsec. (c) and substituted "this section" for "this section,". Subsec. (d), designated fourth par. as subsec. (d). Subsec. (e), designated first part of fifth par. as subsec. (e), substituted "Department of Energy" for "Atomic Energy Commission", "may, upon a determination of need by the President, provide" for "may, in time of war or national emergency proclaimed by the President (including the national emergency proclaimed December 16, 1950) or by Act or joint resolution of the Congress and until such war or national emergency has been terminated in such manner, provide", and "subject to reduction or set-off." for "subject to reduction or set-off,", and inserted "Each such determination of need shall be published in the Federal Register." Subsec. (f), designated last part of fifth par. as subsec. (f), realigned margins of pars. (1) to (4) and substituted semicolons for commas at end, and substituted, in introductory provisions, "If a provision described in subsection (e) of this section or a provision to the same general effect has been at any time heretofore or is hereafter included or inserted in any such contract, payments to be made thereafter to an assignee of any moneys due or to become due under such contract shall not be subject to reduction or setoff for any liability of any nature of the assignor to the United States or any department or agency thereof which arises independently of such contract, or hereafter for any liability of the assignor on account of - " for "and if such provision or one to the same general effect has been at any time heretofore or is hereafter included or inserted in any such contract, payments to be made thereafter to an assignee of any moneys due or to become due under such contract, whether during or after such war or emergency, shall not be subject to reduction or set-off for any liability of any nature of the assignor to the United States or any department or agency thereof which arises independently of such contract, or hereafter for any liability of the assignor on account of" and, in par. (4), "non withholding" for "nonwithholding". Subsec. (g), designated sixth par. as subsec. (g). 1951 - Act May 15, 1951, made it clear that a bank or other financing institution taking an assignment of claims pursuant to this section would not be subject to later recovery by the Government of amounts previously paid to the bank by the assignee except in cases of fraud. 1940 - Act Oct. 9, 1940, inserted second and third pars. EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104- 106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 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 this title. -TRANS- DELEGATION OF AUTHORITY Memorandum of President of the United States, Oct. 3, 1995, 60 F.R. 52289, provided: Memorandum for the Heads of Executive Departments and Agencies Section 2451 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 ([amending] 41 U.S.C. 15) ("Act"), provides, in part, that "[a]ny contract of the Department of Defense, the General Services Administration, the Department of Energy or any other department or agency of the United States designated by the President, except [contracts where] . . . full payment has been made, may, upon a determination of need by the President, provide or be amended without consideration to provide that payments to be made to the assignee of any moneys due or to become due under [the] contract shall not be subject to reduction or set-off." By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby designate all other departments and agencies of the United States as subject to this provision. Furthermore, I hereby delegate to the Secretaries of Defense and Energy, the Administrator of General Services, and the heads of all other departments and agencies, the authority under section 2451 of the Act to make determinations of need for their respective agency's contracts, subject to such further guidance as issued by the Office of Federal Procurement Policy. The authority delegated by this memorandum may be further delegated within the departments and agencies. This memorandum shall be published in the Federal Register. William J. Clinton. -MISC2- NON-APPLICABILITY OF NATIONAL EMERGENCIES ACT The provisions of the National Emergencies Act (Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255) not applicable to the powers and authorities conferred by this section and actions taken hereunder, see section 1651 of Title 50, War and National Defense. MONEYS DUE UNDER LETTERS OF COMMITMENT ISSUED IN CONNECTION WITH DISPOSITION OF SURPLUS AGRICULTURAL COMMODITIES Moneys due under letters of commitment issued against funds or guaranties of funds supplied by Commodity Credit Corporation in connection with disposition of surplus agricultural commodities to foreign countries, as assignable under the Assignment of Claims Act of 1940, which constitutes this section and former section 203 of Title 31, Money and Finance, see section 1702 of Title 7, Agriculture. -End- -CITE- 41 USC Sec. 16 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 16. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743 -MISC1- Section, R.S. Sec. 3744; acts June 15, 1917, ch. 29, 40 Stat. 198; Feb. 4, 1929, ch. 146, 45 Stat. 1147, related to requirement that contracts made by Secretaries of War, Navy, and Interior be in writing, and that copies thereof be filed in returns office of Department of the Interior. -End- -CITE- 41 USC Secs. 16a to 16d 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 16a to 16d. Omitted -COD- CODIFICATION Section 16a, act Jan. 12, 1927, ch. 27, 44 Stat. 936, authorized purchases by Department of the Interior without compliance with section 16 of this title. Section 16b, acts Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 393; June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474, authorized purchases by Botanic Garden without compliance with section 16 of this title. Section 16c, act May 13, 1926, ch. 294, 44 Stat. 547, authorized purchases by Architect of Capitol without compliance with section 16 of this title. Section 16d, act Aug. 4, 1939, ch. 418, Sec. 13, 53 Stat. 1197, authorized purchases by Bureau of Reclamation without compliance with section 16 of this title. -End- -CITE- 41 USC Secs. 17 to 19 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 17 to 19. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743 -MISC1- Section 17, R.S. Sec. 3745, provided that an affidavit be affixed to the return of contract required by section 16 of this title. Section 18, R.S. Sec. 3746, provided punishment for failure to make returns of contracts as required by sections 16 and 17 of this title. Section 19, R.S. Sec. 3747, imposed duty on Secretaries of War, Navy, and Interior to furnish officers with letters of instruction relating to their duties under sections 17 and 18, contract forms, and affidavits, to insure uniformity. -End- -CITE- 41 USC Sec. 20 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 20. Repealed. Pub. L. 103-355, title II, Sec. 2452, Oct. 13, 1994, 108 Stat. 3326 -MISC1- Section, R.S. Sec. 3743; Feb. 27, 1877, ch. 69, 19 Stat. 249; July 31, 1894, ch. 174, Sec. 18, 28 Stat. 210; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24, provided for deposit of all contracts which required advance money or settlement of public accounts in the General Accounting Office. 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 this title. -End- -CITE- 41 USC Secs. 20a, 20b 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 20a, 20b. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(10), (11), Feb. 10, 1996, 110 Stat. 676 -MISC1- Section 20a, act June 15, 1940, ch. 367, 54 Stat. 398, provided exemption from section 20 of this title for contracts, etc., concerning national-forest lands. Section 20b, act Nov. 28, 1943, ch. 328, 57 Stat. 592, provided exemption from section 20 of this title for contracts, etc., concerning use of lands or water under jurisdiction of Department of the Interior. EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal, see section 4401 of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment note under section 251 of this title. -End- -CITE- 41 USC Sec. 21 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 21. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1069 -MISC1- Section, acts July 31, 1894, ch. 174, Sec. 22, 28 Stat. 210; June 10, 1921, ch. 18, Secs. 304, 310, 42 Stat. 24, 25, provided that the heads of the several executive departments and the proper officers of other Government establishments, not within the jurisdiction of any executive department, make appropriate rules and regulations to secure a proper administrative examination of all accounts sent to them before their transmission to the General Accounting Office, and for the execution of other requirements of section 20 of this title, insofar as the same related to the several departments or establishments. See section 3521(a) of Title 31, Money and Finance. -End- -CITE- 41 USC Sec. 22 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 22. Interest of Member of Congress -STATUTE- No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon. The provisions of this section shall not apply to any contracts or agreements heretofore or hereafter entered into under the Agricultural Adjustment Act [7 U.S.C. 601 et seq.], the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933, and the Home Owners' Loan Act of 1933 [12 U.S.C. 1461 et seq.], and shall not apply to contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers: Provided, That such exemption shall be made a matter of public record. -SOURCE- (R.S. Sec. 3741; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 249; Jan. 25, 1934, ch. 5, 48 Stat. 337; June 27, 1934, ch. 847, title V, Sec. 510, 48 Stat. 1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Pub. L. 103-355, title VI, Sec. 6004, Oct. 13, 1994, 108 Stat. 3364; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(12), Feb. 10, 1996, 110 Stat. 676.) -REFTEXT- REFERENCES IN TEXT The Agricultural Adjustment Act, referred to in text, is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is classified generally to chapter 26 (Sec. 601 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 7 and Tables. The Federal Farm Loan Act, referred to in text, is act July 17, 1916, ch. 245, 39 Stat. 360, as amended, and was classified principally to sections 641 et seq. of Title 12, Banks and Banking. The Federal Farm Loan Act, as amended, was repealed by section 5.26(a) (which was renumbered as section 5.40(a) by Pub. L. 99-205, Sec. 205(a)(2), Dec. 23, 1985, 99 Stat. 1703) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) (now 5.40(a)) of the Farm Credit Act of 1971 also provided that all references in other legislation to the Acts repealed thereby "shall be deemed to refer to comparable provisions of this Act". For further details, see notes set out under section 2001 of Title 12. For complete classification of the Federal Farm Loan Act to the Code prior to such repeal, see Tables. The Emergency Farm Mortgage Act of 1933, referred to in text, is title II of act May 12, 1933, ch. 25, 48 Stat. 31. Such title II was substantially repealed by act June 30, 1947, ch. 166, title II, Sec. 206(c), 61 Stat. 208; act Aug. 6, 1953, ch. 335, Sec. 19, 67 Stat. 400; act Oct. 4, 1961, Pub. L. 87-353, Sec. 3(a), (b), (w), 75 Stat. 773, 774; act Dec. 10, 1971, Pub. L. 92-181, title V, Sec. 5.26(a), 85 Stat. 624. For complete classification of this Act to the Code, see Tables. The Federal Farm Mortgage Corporation Act, referred to in text, is act Jan. 31, 1934, ch. 7, 48 Stat. 344, which enacted section 992a of Title 12, Banks and Banking, and amended sections 347, 355, 723, 772, 781, 897, 1016, 1020, 1020a, 1020b, 1020c, 1020d to 1020h, 1061, 1131i, 1138b and 1138d of Title 12, has been substantially repealed. For complete classification of this Act to the Code, see Tables. The Farm Credit Act of 1933, referred to in text, is act June 16, 1933, ch. 98, 48 Stat. 2, as amended, and was classified principally to subchapter IV (Sec. 1131 et seq.) of chapter 7 of Title 12. The Farm Credit Act of 1933, as amended, was repealed by section 5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971 also provided that all references in other legislation to the Acts repealed thereby "shall be deemed to refer to comparable provisions of this Act". For further details, see notes set out under section 2001 of Title 12. For complete classification of the Farm Credit Act of 1933 to the Code prior to such repeal, see Tables. The Home Owners' Loan Act of 1933, referred to in text, is act June 13, 1933, ch. 64, 48 Stat. 128, as amended, now known as the Home Owners' Loan Act, which is classified generally to chapter 12 (Sec. 1461 et seq.) of Title 12. For complete classification of this Act to the Code, see section 1461 of Title 12 and Tables. -COD- CODIFICATION R.S. Sec. 3741 derived from act Apr. 21, 1808, ch. 48, Sec. 3, 2 Stat. 484. First sentence of section is based on R.S. Sec. 3741, as amended, and second sentence is based on act Jan. 25, 1934, ch. 5, as amended and as applicable to R.S. Sec. 3741. -MISC1- AMENDMENTS 1996 - Pub. L. 104-106 inserted section number in original and substituted "Member" for "member". 1994 - Pub. L. 103-355 amended first sentence generally. Prior to amendment, first sentence read as follows: "In every contract or agreement to be made or entered into, or accepted by or on behalf of the United States, there shall be inserted an express condition that no Member of or Delegate to Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon." 1937 - Act Aug. 26, 1937, inserted provision at end of second sentence beginning with "and shall not apply". 1934 - Act June 27, 1934, inserted in second sentence ", the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933, and the Home Owners' Loan Act of 1933". Act Jan. 25, 1934, added second sentence providing that this section shall not apply to any contracts or agreements heretofore or hereafter entered into under the Agricultural Adjustment Act. 1877 - Act Feb. 27, 1877, inserted "or Delegate to" after "that no Member of" in first sentence. EFFECTIVE DATE OF 1996 AMENDMENT For effective date and applicability of amendment by Pub. L. 104- 106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 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 this title. -End- -CITE- 41 USC Sec. 23 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 23. Orders or contracts for material placed with Government- owned establishments deemed obligations -STATUTE- All orders or contracts for work or material or for the manufacture of material pertaining to approved projects heretofore or hereafter placed with Government-owned establishments shall be considered as obligations in the same manner as provided for similar orders or contracts placed with commercial manufacturers or private contractors, and the appropriations shall remain available for the payment of the obligations so created as in the case of contracts or orders with commercial manufacturers or private contractors. -SOURCE- (June 5, 1920, ch. 240, 41 Stat. 975; July 1, 1922, ch. 259, 42 Stat. 812; June 2, 1937, ch. 293, 50 Stat. 245.) -COD- CODIFICATION Section is a composite of acts June 5, 1920, ch. 240, and July 1, 1922, ch. 259. The words "for work or material" after "All orders or contracts", "or contracts" after "similar orders", and "or private contractors" after "commercial manufacturers" in two places are based on act July 1, 1922. -MISC1- AMENDMENTS 1937 - Act June 2, 1937, continued this section in effect. -End- -CITE- 41 USC Sec. 24 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 24. Contracts for transportation of moneys, bullion, coin, and securities -STATUTE- Whenever it is practicable contracts for the transportation of moneys, bullion, coin, notes, bonds, and other securities of the United States, and paper shall be let to the lowest responsible bidder therefor, after notice to all parties having means of transportation. -SOURCE- (July 7, 1884, ch. 332, 23 Stat. 204.) -COD- CODIFICATION Section is from Sundry Civil Appropriation Act July 7, 1884, fiscal year 1885. -End- -CITE- 41 USC Sec. 24a 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 24a. Omitted -COD- CODIFICATION Section, acts June 16, 1933, ch. 101, Sec. 5, 48 Stat. 305; Apr. 24, 1935, ch. 78, 49 Stat. 161; Aug. 29, 1935, ch. 816, 49 Stat. 991, provided for cancellation on or before March 31, 1936, of contracts for transportation entered into prior to June 16, 1933. -End- -CITE- 41 USC Sec. 25 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 25. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25 -MISC1- Section, R.S. Sec. 3729, related to contracts for bunting. See section 2301 et seq. of Title 10, Armed Forces. -End- -CITE- 41 USC Sec. 26 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 26. Repealed. June 30, 1949, ch. 288, title VI, Sec. 602(a)(26), formerly title V, Sec. 502(a)(26), 63 Stat. 401; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583 -MISC1- Section, acts Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1161; May 29, 1928, ch. 901, Sec. 1(5), 45 Stat. 986, related to exchange of typewriters and adding machines in part payment for new machines. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1949, see section 605 of act June 30, 1949. -End- -CITE- 41 USC Sec. 27 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 27. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(109), 65 Stat. 705 -MISC1- Section, act June 5, 1920, ch. 235, Sec. 7, 41 Stat. 947, related to disposition of typewriting machines by Government departments and establishments. -End- -CITE- 41 USC Secs. 28 to 34 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 28 to 34. Omitted -COD- CODIFICATION Section 28, act June 16, 1934, ch. 553, Sec. 1, 48 Stat. 974, related to adjustment and settlement of claims by persons who entered into contracts with the United States prior to Aug. 10, 1933 and claim loss due to compliance with codes of fair competition. Section 29, act June 16, 1934, ch. 553, Sec. 2, 48 Stat. 975, related to amount allowed for settlement. Section 30, act June 16, 1934, ch. 553, Sec. 3, 48 Stat. 975, related to limitation on the amount of profits. Section 31, act June 16, 1934, ch. 553, Sec. 4, 48 Stat. 975, related to time for presentment of claims. Section 32, act June 16, 1934, ch. 553, Sec. 5, 48 Stat. 975, authorized appropriations for settlement of claims. Section 33, act June 16, 1934, ch. 553, Sec. 6, 48 Stat. 975, related to procedure for settlement of claims and reservation of right to prosecute for fraud and criminal conduct. Section 34, act Aug. 29, 1935, ch. 815, 49 Stat. 990, provided that bids made subject to codes of fair competition prior to Aug. 29, 1935 should not be rejected where bidder agreed to be subject to Acts of Congress requiring observance of minimum wages, maximum hours, or limitations as to age of employees in performance of contracts, with Federal agencies. -End- -CITE- 41 USC Sec. 35 01/02/2006 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 35. Contracts for materials, etc., exceeding $10,000; representations and stipulations -STATUTE- In any contract made and entered into by any executive department, independent establishment, or other agency or instrumentality of the United States, or by the District of Columbia, or by any corporation all the stock of which is beneficially owned by the United States (all the foregoing being hereinafter designated as agencies of the United States), for the manufacture or furnishing of materials, supplies, articles, and equipment in any amount exceeding $10,000, there shall be included the following representations and stipulations: (a) That all persons employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract will be paid, without subsequent deduction or rebate on any account, not less than the minimum wages as determined by the Secretary of Labor to be the prevailing minimum wages for persons employed on similar work or in the partic