-CITE- 41 USC TITLE 41 - PUBLIC CONTRACTS 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS -HEAD- TITLE 41 - PUBLIC CONTRACTS -MISC1- Chap. Sec. 1. General Provisions 1 2. Termination of War Contracts 101 3. Procurement of Supplies and Services by Armed Services [Repealed] 151 4. Procurement Procedures 201 5. Judicial Review of Administrative Decisions 321 6. Service Contract Labor Standards 351 7. Office of Federal Procurement Policy 401 8. Federal Grants and Cooperative Agreements [Repealed, See Chapter 63 of Title 31, Money and Finance] 501 9. Contract Disputes 601 10. Drug-Free Workplace 701 -End- -CITE- 41 USC CHAPTER 1 - GENERAL PROVISIONS 01/08/2008 -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 Repealed. 5.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 Repealed. 6a.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. 6b. Miscellaneous exceptions from advertisement requirements. 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 Repealed or Omitted. 6mm.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 Repealed. 8.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 Repealed or Omitted. 10a.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. 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 Repealed. 14.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. 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. 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. 47. Duties and powers of the Committee. 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. 57. Contractor responsibilities. 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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 1 to 4a. Repealed. -MISC1- Secs. 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743. 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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6. Repealed. -MISC1- Sec. 6. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(98)-(105), 65 Stat. 705. 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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 6c to 6jj. Repealed. -MISC1- Secs. 6c to 6jj. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. 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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 6ll. Repealed. -MISC1- Sec. 6ll. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. 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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 7 to 7d. Repealed. -MISC1- 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. 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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 9. Repealed. -MISC1- Sec. 9. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25. 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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 10a. American materials required for public use -STATUTE- (a) In general 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. (b) Reports (1) In general Not later than 180 days after the end of each of fiscal years 2007 through 2011, the head of each Federal agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the amount of the acquisitions made by the agency in that fiscal year of articles, materials, or supplies purchased from entities that manufacture the articles, materials, or supplies outside of the United States. (2) Contents of report The report required by paragraph (1) shall separately include, for the fiscal year covered by such report - (A) the dollar value of any articles, materials, or supplies that were manufactured outside the United States; (B) an itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act, and a citation to the treaty, international agreement, or other law under which each waiver was granted; (C) if any articles, materials, or supplies were acquired from entities that manufacture articles, materials, or supplies outside the United States, the specific exception under this section that was used to purchase such articles, materials, or supplies; and (D) a summary of - (i) the total procurement funds expended on articles, materials, and supplies manufactured inside the United States; and (ii) the total procurement funds expended on articles, materials, and supplies manufactured outside the United States. (3) Public availability The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available to the maximum extent practicable. (4) Exception for intelligence community This subsection shall not apply to acquisitions made by an agency, or component thereof, that is an element of the intelligence community as specified in, or designated under, section 401a(4) of title 50. -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; Pub. L. 110-28, title VIII, Sec. 8306, May 25, 2007, 121 Stat. 211.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b)(2)(B), probably should be "this title", meaning title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, known as the Buy American Act, which is classified generally to sections 10a, 10b, and 10c of this title. For complete classification of title III to the Code, see Short Title note below and Tables. -MISC1- AMENDMENTS 2007 - Pub. L. 110-28 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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. 110-116, div. A, title VIII, Sec. 8029, Nov. 13, 2007, 121 Stat. 1321. Pub. L. 109-289, div. A, title VIII, Sec. 8027, Sept. 29, 2006, 120 Stat. 1279. 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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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 [now Administrator] of the Federal Emergency Management Agency. In providing this advice the Director [Administrator] 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 01/08/2008 -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 Homeland Security 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 Homeland Security 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; Pub. L. 109-241, title IX, Sec. 902(c), July 11, 2006, 120 Stat. 566.) -COD- CODIFICATION R.S. Sec. 3732 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12 Stat. 220. -MISC1- AMENDMENTS 2006 - Pub. L. 109-241 substituted "of Homeland Security" for "of Transportation" in subsecs. (a) and (b). 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. -End- -CITE- 41 USC Sec. 11a 01/08/2008 -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 Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40. 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 [now Federal Acquisition Service], pursuant to act June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380. -End- -CITE- 41 USC Sec. 12 01/08/2008 -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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 13a. Repealed. -MISC1- Sec. 13a. Repealed. Pub. L. 86-682, Sec. 12(c), Sept. 2, 1960, 74 Stat. 710. 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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 16. Repealed. -MISC1- Sec. 16. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743. 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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 17 to 19. Repealed. -MISC1- Secs. 17 to 19. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743. 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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 20. Repealed. -MISC1- Sec. 20. Repealed. Pub. L. 103-355, title II, Sec. 2452, Oct. 13, 1994, 108 Stat. 3326. 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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Secs. 20a, 20b. Repealed. -MISC1- Secs. 20a, 20b. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec. 4321(i)(10), (11), Feb. 10, 1996, 110 Stat. 676. 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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 21. Repealed. -MISC1- Sec. 21. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1069. 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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 25. Repealed. -MISC1- Sec. 25. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25. 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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 26. Repealed. -MISC1- 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. 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 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 27. Repealed. -MISC1- Sec. 27. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(109), 65 Stat. 705. 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 01/08/2008 -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 01/08/2008 -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 particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished under said contract; (b) That no person employed by the contractor in the manufacture or furnishing of the materials, supplies, articles, or equipment used in the performance of the contract shall be permitted to work in excess of forty hours in any one week: Provided, That the provisions of this subsection shall not apply to any employer who shall have entered into an agreement with his employees pursuant to the provisions of paragraphs (1) or (2) of subsection (b) of section 207 of title 29; (c) That no male person under sixteen years of age and no female person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in such contract, except that this section, or any other law or Executive order containing similar prohibitions against purchase of goods by the Federal Government, shall not apply to convict labor which satisfies the conditions of section 1761(c) of title 18; and (d) That no part of such contract will be performed nor will any of the materials, supplies, articles, or equipment to be manufactured or furnished under said contract be manufactured or fabricated in any plants, factories, buildings, or surroundings or under working conditions which are unsanitary or hazardous or dangerous to the health and safety of employees engaged in the performance of said contract. Compliance with the safety, sanitary, and factory inspection laws of the State in which the work or part thereof is to be performed shall be prima-facie evidence of compliance with this subsection. -SOURCE- (June 30, 1936, ch. 881, Sec. 1, 49 Stat. 2036; May 13, 1942, ch. 306, 56 Stat. 277; Pub. L. 90-351, title I, Sec. 819(b), formerly Sec. 827(b), as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1215; renumbered Pub. L. 98-473, title II, Sec. 609B(f), Oct. 12, 1984, 98 Stat. 2093; Pub. L. 99-145, title XII, Sec. 1241(b), Nov. 8, 1985, 99 Stat. 734; Pub. L. 103-355, title VII, Sec. 7201(1), Oct. 13, 1994, 108 Stat. 3378.) -MISC1- AMENDMENTS 1994 - Subsecs. (a) to (e). Pub. L. 103-355 redesignated subsecs. (b) to (e) as (a) to (d), respectively, and struck out former subsec. (a) which read as follows: "That the contractor is the manufacturer of or a regular dealer in the materials, supplies, articles, or equipment to be manufactured or used in the performance of the contract;". 1985 - Subsec. (c). Pub. L. 99-145 struck out "eight hours in any one day or in excess of" before "forty hours". 1979 - Subsec. (d). Pub. L. 90-351, Sec. 827(b), as added by Pub. L. 96-157, inserted provisions relating to convict labor which satisfies the conditions of section 1761(c) of title 18. 1942 - Subsec. (c). Act May 13, 1942, inserted proviso. 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. EFFECTIVE DATE OF 1985 AMENDMENT Section 1241(c) of Pub. L. 99-145 provided that: "The amendments made by this section [amending this section and section 328 of former Title 40, Public Buildings, Property, and Works] shall take effect on January 1, 1986." SHORT TITLE Section 14, formerly section 12, of act June 30, 1936, as added by Pub. L. 103-355, title X, Sec. 10005(f)(5), Oct. 13, 1994, 108 Stat. 3409, and renumbered by Pub. L. 104-106, div. D, title XLIII, Sec. 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675, provided that: "This Act [enacting this section and sections 36 to 45 of this title] may be cited as the 'Walsh-Healey Act'." EXEMPTIONS TO FEDERAL RESTRICTIONS ON MARKETABILITY OF PRISON MADE GOODS Provisions of this section creating exemptions to Federal regulations on marketability of prison made goods are not applicable unless representatives of local union central bodies or similar labor union organizations have been consulted prior to the initiation of any project qualifying of any exemption created by this section and such paid inmate employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services, see section 819(c) of Pub. L. 90-351, set out as a note under section 1761 of Title 18, Crimes and Criminal Procedure. EXCEPTIONS AND EXEMPTIONS 7 F.R. 9399 (amending Exemption Order Apr. 21, 1942, 7 F.R. 3003), which exempted female persons under 18 years of age from the provisions of subsec. (d) of this section, was superseded by 10 F.R. 10438. CONTRACTING AUTHORITY OF GOVERNMENT AGENCIES IN CONNECTION WITH NATIONAL DEFENSE FUNCTIONS Provisions of sections 35 to 45 of this title as applicable to Government agencies exercising certain contracting authority in connection with national-defense functions, see section 13 of Ex. Ord. No. 10789, set out as a note under section 1431 of Title 50, War and National Defense. -EXEC- EX. ORD. NO. 13126. PROHIBITION OF ACQUISITION OF PRODUCTS PRODUCED BY FORCED OR INDENTURED CHILD LABOR Ex. Ord. No. 13126, June 12, 1999, 64 F.R. 32383, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to continue the executive branch's commitment to fighting abusive child labor practices, it is hereby ordered as follows: Section. 1. Policy. It shall be the policy of the United States Government, consistent with the Tariff Act of 1930, 19 U.S.C. 1307, the Fair Labor Standards Act [of 1938], 29 U.S.C. 201 et. seq., and the Walsh-Healey Public Contracts Act [Walsh-Healey Act], 41 U.S.C. 35 et seq., that executive agencies shall take appropriate actions to enforce the laws prohibiting the manufacture or importation of goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part by forced or indentured child labor. Sec. 2. Publication of List. Within 120 days after the date of this order, the Department of Labor, in consultation and cooperation with the Department of the Treasury and the Department of State, shall publish in the Federal Register a list of products, identified by their country of origin, that those Departments have a reasonable basis to believe might have been mined, produced, or manufactured by forced or indentured child labor. The Department of Labor may conduct hearings to assist in the identification of those products. Sec. 3. Procurement Regulations. Within 120 days after the date of this order, the Federal Acquisition Regulatory Council shall issue proposed rules to implement the following: (a) Required Solicitation Provisions. Each solicitation of offers for a contract for the procurement of a product included on the list published under section 2 of this order shall include the following provisions: (1) A provision that requires the contractor to certify to the contracting officer that the contractor or, in the case of an incorporated contractor, a responsible official of the contractor has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under the contract and that, on the basis of those efforts, the contractor is unaware of any such use of child labor; and (2) A provision that obligates the contractor to cooperate fully in providing reasonable access to the contractor's records, documents, persons, or premises if reasonably requested by authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice, for the purpose of determining whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under the contract. (b) Investigations. Whenever a contracting officer of an executive agency has reason to believe that forced or indentured child labor was used to mine, produce, or manufacture a product furnished pursuant to a contract subject to the requirements of subsection 3(a) of this order, the head of the executive agency shall refer the matter for investigation to the Inspector General of the executive agency and, as the head of the executive agency or the Inspector General determines appropriate, to the Attorney General and the Secretary of the Treasury. (c) Remedies. (1) The head of an executive agency may impose remedies as provided in this subsection in the case of a contractor under a contract of the executive agency if the head of the executive agency finds that the contractor: (i) Has furnished under the contract products that have been mined, produced, or manufactured by forced or indentured child labor or uses forced or indentured child labor in the mining, production, or manufacturing operations of the contractor; (ii) Has submitted a false certification under subsection 3(a)(1) of this order; or (iii) Has failed to cooperate in accordance with the obligation imposed pursuant to subsection 3(a)(2) of this order. (2) The head of an executive agency, in his or her sole discretion, may terminate a contract on the basis of any finding described in subsection 3(c)(1) of this order for any contract entered into after the date the regulation called for in section 3 of this order is published in final. (3) The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts on the basis of a finding that the contractor has engaged in an act described in subsection 3(c)(1) of this order. The provision for debarment may not exceed 3 years. (4) The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs (maintained by the Administrator as described in the Federal Acquisition Regulation) each party that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an agency on the basis that the person has engaged in an act described in subsection 3(c)(1) of this order. (5) This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a finding described in subsection 3(c)(1) of this order. Sec. 4. Report. Within 2 years after implementation of any final rule under this order, the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget a report on the actions taken pursuant to this order. Sec. 5. Scope. (a) Any proposed rules issued pursuant to section 3 of this order shall apply only to acquisitions for a total amount in excess of the micro-purchase threshold as defined in section 32(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(f)). (b) This order does not apply to a contract that is for the procurement of any product, or any article, material, or supply contained in a product that is mined, produced, or manufactured in any foreign country if: (1) the foreign country is a party to the Agreement on Government Procurement annexed to the WTO Agreement or a party to the North American Free Trade Agreement ("NAFTA"); and (2) the contract is of a value that is equal to or greater than the United States threshold specified in the Agreement on Government Procurement annexed to the WTO Agreement or NAFTA, whichever is applicable. Sec. 6. Definitions. (a) "Executive agency" and "agency" have the meaning given to "executive agency" in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)). (b) "WTO Agreement" means the Agreement Establishing the World Trade Organization, entered into on April 15, 1994. (c) "Forced or indentured child labor" means all work or service (1) exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Sec. 7. Judicial Review. This order is intended only to improve the internal management of the executive branch and does not create any rights or benefits, substantive or procedural, enforceable by law by a party against the United States, its agencies, its officers, or any other person. William J. Clinton. -End- -CITE- 41 USC Sec. 36 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 36. Liability for contract breach; cancellation; completion by Government agency; employee's wages -STATUTE- Any breach or violation of any of the representations and stipulations in any contract for the purposes set forth in section 35 of this title shall render the party responsible therefor liable to the United States of America for liquidated damages, in addition to damages for any other breach of such contract, the sum of $10 per day for each male person under sixteen years of age or each female person under eighteen years of age, or each convict laborer knowingly employed in the performance of such contract, and a sum equal to the amount of any deductions, rebates, refunds, or underpayment of wages due to any employee engaged in the performance of such contract; and, in addition, the agency of the United States entering into such contract shall have the right to cancel same and to make open-market purchases or enter into other contracts for the completion of the original contract, charging any additional cost to the original contractor. Any sums of money due to the United States of America by reason of any violation of any of the representations and stipulations of said contract set forth in section 35 of this title may be withheld from any amounts due on any such contracts or may be recovered in suits brought in the name of the United States of America by the Attorney General thereof. All sums withheld or recovered as deductions, rebates, refunds, or underpayments of wages shall be held in a special deposit account and shall be paid, on order of the Secretary of Labor, directly to the employees who have been paid less than minimum rates of pay as set forth in such contracts and on whose account such sums were withheld or recovered: Provided, That no claims by employees for such payments shall be entertained unless made within one year from the date of actual notice to the contractor of the withholding or recovery of such sums by the United States of America. -SOURCE- (June 30, 1936, ch. 881, Sec. 2, 49 Stat. 2037.) -End- -CITE- 41 USC Sec. 37 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 37. Distribution of list of persons breaching contract; future contracts prohibited -STATUTE- The Comptroller General is authorized and directed to distribute a list to all agencies of the United States containing the names of persons or firms found by the Secretary of Labor to have breached any of the agreements or representations required by sections 35 to 45 of this title. Unless the Secretary of Labor otherwise recommends no contracts shall be awarded to such persons or firms or to any firm, corporation, partnership, or association in which such persons or firms have a controlling interest until three years have elapsed from the date the Secretary of Labor determines such breach to have occurred. -SOURCE- (June 30, 1936, ch. 881, Sec. 3, 49 Stat. 2037.) -End- -CITE- 41 USC Sec. 38 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 38. Administration of Walsh-Healey provisions; officers and employees; appointment; investigations; rules and regulations -STATUTE- The Secretary of Labor is authorized and directed to administer the provisions of sections 35 to 45 of this title and to utilize such Federal officers and employees and, with the consent of the State, such State and local officers and employees as he may find necessary to assist in the administration of said sections and to prescribe rules and regulations with respect thereto. The Secretary shall appoint, subject to chapter 51 and subchapter III of chapter 53 of title 5, an administrative officer, and such attorneys and experts, and other employees with regard to existing laws applicable to the employment and compensation of officers and employees of the United States, as he may from time to time find necessary for the administration of sections 35 to 45 of this title. The Secretary of Labor or his authorized representatives shall have power to make investigations and findings as provided in sections 35 to 45 of this title, and prosecute any inquiry necessary to his functions in any part of the United States. The Secretary of Labor shall have authority from time to time to make, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of sections 35 to 45 of this title. -SOURCE- (June 30, 1936, ch. 881, Sec. 4, 49 Stat. 2038; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972.) -COD- CODIFICATION Provisions of second sentence of this section that authorized the Secretary to appoint an administrative officer and such attorneys and experts "without regard to the provisions of the civil service laws" were omitted as obsolete. Such appointments are subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, Sec. 1, 54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5, Government Organization and Employees. "Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act of 1949, as amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. -MISC1- AMENDMENTS 1949 - Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of all other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 41 USC Sec. 39 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 39. Hearings on Walsh-Healey provisions by Secretary of Labor; witness fees; failure to obey order; punishment -STATUTE- Upon his own motion or on application of any person affected by any ruling of any agency of the United States in relation to any proposal or contract involving any of the provisions of sections 35 to 45 of this title, and on complaint of a breach or violation of any representation or stipulation as provided in said sections, the Secretary of Labor, or an impartial representative designated by him, shall have the power to hold hearings and to issue orders requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy, failure, or refusal of any person to obey such an order, any District Court of the United States or of any Territory or possession within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which said person who is guilty of contumacy, failure, or refusal is found, or resides or transacts business, upon the application by the Secretary of Labor or representative designated by him, shall have jurisdiction to issue to such person an order requiring such person to appear before him or representative designated by him, to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof; and shall make findings of fact after notice and hearing, which findings shall be conclusive upon all agencies of the United States, and if supported by the preponderance of the evidence, shall be conclusive in any court of the United States; and the Secretary of Labor or authorized representative shall have the power, and is authorized, to make such decisions, based upon findings of fact, as are deemed to be necessary to enforce the provisions of sections 35 to 45 of this title. -SOURCE- (June 30, 1936, ch. 881, Sec. 5, 49 Stat. 2038; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.) -COD- CODIFICATION As originally enacted, the words ", or the district court of the United States for the District of Columbia," were set out following "Territory or possession". Act June 25, 1948, as amended by act May 24, 1949, substituted "United States District Court for the District of Columbia" for "district court of the United States for the District of Columbia". The words "United States District Court for the District of Columbia" have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that "There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district", and section 88 of title 28 which states that "the District of Columbia constitutes one judicial district". -End- -CITE- 41 USC Sec. 40 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 40. Exceptions from Walsh-Healey provisions; modification of contracts; variations; overtime; suspension of representations and stipulations -STATUTE- Upon a written finding by the head of the contracting agency or department that the inclusion in the proposal or contract of the representations or stipulations set forth in section 35 of this title will seriously impair the conduct of Government business, the Secretary of Labor shall make exceptions in specific cases or otherwise when justice or public interest will be served thereby. Upon the joint recommendation of the contracting agency and the contractor, the Secretary of Labor may modify the terms of an existing contract respecting minimum rates of pay and maximum hours of labor as he may find necessary and proper in the public interest or to prevent injustice and undue hardship. The Secretary of Labor may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of sections 35 to 45 of this title respecting minimum rates of pay and maximum hours of labor or the extent of the application of said sections to contractors, as hereinbefore described. Whenever the Secretary of Labor shall permit an increase in the maximum hours of labor stipulated in the contract, he shall set a rate of pay for any overtime, which rate shall be not less than one and one-half times the basic hourly rate received by any employee affected: Provided, That whenever in his judgment such course is in the public interest, the President is authorized to suspend any or all of the representations and stipulations contained in section 35 of this title. -SOURCE- (June 30, 1936, ch. 881, Sec. 6, 49 Stat. 2038; June 28, 1940, ch. 440, title I, Sec. 13, 54 Stat. 681.) -MISC1- AMENDMENTS 1940 - Act June 28, 1940, inserted proviso. -End- -CITE- 41 USC Sec. 41 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 41. "Person" defined in Walsh-Healey provisions -STATUTE- Whenever used in sections 35 to 45 of this title, the word "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. -SOURCE- (June 30, 1936, ch. 881, Sec. 7, 49 Stat. 2039; Pub. L. 95-598, title III, Sec. 326, Nov. 6, 1978, 92 Stat. 2679.) -MISC1- AMENDMENTS 1978 - Pub. L. 95-598 substituted "trustees in cases under title 11" for "trustees in bankruptcy". EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -End- -CITE- 41 USC Sec. 42 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 42. Effect of Walsh-Healey provisions on other laws -STATUTE- The provisions of sections 35 to 45 of this title shall not be construed to modify or amend 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 May 3, 1933 (commonly known as the Buy American Act) [41 U.S.C. 10a et seq.], nor shall the provisions of sections 35 to 45 of this title be construed to modify or amend sections 3141-3144, 3146, and 3147 of title 40, nor the labor provisions of Title II of the National Industrial Recovery Act, approved June 16, 1933, as extended, or of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935; nor shall the provisions of sections 35 to 45 of this title be construed to modify or amend chapter 307 and section 4162 (!1) of title 18. -SOURCE- (June 30, 1936, ch. 881, Sec. 8, 49 Stat. 2039.) -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 is classified generally to sections 10a, 10b, and 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 National Industrial Recovery Act, referred to in text, is act June 16, 1933, ch. 90, 48 Stat. 195. Title II of the National Industrial Recovery Act was classified principally to subchapter I (Sec. 401 et seq.) of chapter 8 of former Title 40, Public Buildings, Property, and Works, and was terminated June 30, 1943, by act June 27, 1942, ch. 450, Sec. 1, 56 Stat. 410. Provisions of title II of the Act which were classified to former Title 40 were repealed by section 6(b) of Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1304. For complete classification of this Act to the Code, see Tables. Section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935, referred to in text, is act Apr. 8, 1935, ch. 48, Sec. 7, 49 Stat. 115, which is not classified to the Code. Section 4162 of title 18, referred to in text, was repealed by Pub. L. 98-473, title II, Sec. 218(a)(4), Oct. 12, 1984, 98 Stat. 2027.) -COD- CODIFICATION "Sections 3141-3144, 3146, and 3147 of title 40" substituted in text for "the Act entitled 'An Act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes', approved March 3, 1931 (commonly known as the Bacon-Davis Act), as amended from time to time" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. "Chapter 307 and section 4162 of title 18" substituted for "the Act entitled 'An Act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes', approved May 27, 1930, as amended and supplemented by the Act approved June 23, 1934" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure. Prior to the enactment of Title 18, the act of May 27, 1930, as amended, had been classified to sections 744a to 744n of Title 18. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 43 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 43. Walsh-Healey provisions not applicable to certain contracts -STATUTE- Sections 35 to 45 of this title shall not apply to purchases of such materials, supplies, articles, or equipment as may usually be bought in the open market; nor shall they apply to perishables, including dairy, livestock and nursery products, or to agricultural or farm products processed for first sale by the original producers; nor to any contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or the products thereof. Nothing in said sections shall be construed to apply to carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line where published tariff rates are in effect or to common carriers subject to the Communications Act of 1934 [47 U.S.C. 151 et seq.]. -SOURCE- (June 30, 1936, ch. 881, Sec. 9, 49 Stat. 2039.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code see section 609 of Title 47 and Tables. -End- -CITE- 41 USC Sec. 43a 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 43a. Administrative procedure provisions -STATUTE- (a) Applicability Notwithstanding any provision of section 553 of title 5, subchapter II of chapter 5, and chapter 7, of title 5 shall be applicable in the administration of sections 35 to 39 and 41 to 43 of this title. (b) Wage determination; administrative review All wage determinations under section 35(a) of this title shall be made on the record after opportunity for a hearing. Review of any such wage determination, or of the applicability of any such wage determination, may be had within ninety days after such determination is made in the manner provided in chapter 7 of title 5 by any person adversely affected or aggrieved thereby, who shall be deemed to include any supplier of materials, supplies, articles or equipment purchased or to be purchased by the Government from any source, who is in any industry to which such wage determination is applicable. (c) Judicial review Notwithstanding the inclusion of any stipulations required by any provision of sections 35 to 45 of this title in any contract subject to said sections, any interested person shall have the right of judicial review of any legal question which might otherwise be raised, including, but not limited to, wage determinations and the interpretation of the terms "locality" and "open market". -SOURCE- (June 30, 1936, ch. 881, Sec. 10, as added June 30, 1952, ch. 530, title III, Sec. 301, 66 Stat. 308; amended Pub. L. 103-355, title VII, Sec. 7201(2), (3), Oct. 13, 1994, 108 Stat. 3378; Pub. L. 104- 106, div. D, title XLIII, Sec. 4321(f)(2), Feb. 10, 1996, 110 Stat. 675.) -COD- CODIFICATION "Section 553 of title 5", "subchapter II of chapter 5, and chapter 7, of title 5", and "chapter 7 of title 5" substituted for "section 1003 of title 5", "such Act [meaning the Administrative Procedure Act]", and "section 1009 of title 5", respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- PRIOR PROVISIONS A prior section 10 of act June 30, 1936, was renumbered section 12, and is classified to section 44 of this title. AMENDMENTS 1996 - Subsec. (b). Pub. L. 104-106, Sec. 4321(f)(2)(A), substituted "section 35(a)" for "section 35(b)". Subsec. (c). Pub. L. 104-106, Sec. 4321(f)(2)(B), struck out comma after " 'locality' ". 1994 - Subsec. (b). Pub. L. 103-355, Sec. 7201(2), substituted "supplier of materials" for "manufacturer of, or regular dealer in, materials". Subsec. (c). Pub. L. 103-355, Sec. 7201(3), struck out " 'regular dealer', 'manufacturer'," before "and 'open market' ". 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. 43b 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 43b. Manufacturers and regular dealers -STATUTE- (a) The Secretary of Labor may prescribe in regulations the standards for determining whether a contractor is a manufacturer of or a regular dealer in materials, supplies, articles, or equipment to be manufactured or used in the performance of a contract 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, for the manufacture or furnishing of materials, supplies, articles, and equipment. (b) Any interested person shall have the right of judicial review of any legal question regarding the interpretation of the terms "regular dealer" and "manufacturer", as defined pursuant to subsection (a) of this section. -SOURCE- (June 30, 1936, ch. 881, Sec. 11, as added Pub. L. 103-355, title VII, Sec. 7201(4), Oct. 13, 1994, 108 Stat. 3378; amended Pub. L. 104-106, div. D, title XLIII, Sec. 4321(f)(1)(A), Feb. 10, 1996, 110 Stat. 675.) -MISC1- PRIOR PROVISIONS A prior section 11 of act June 30, 1936, was renumbered section 12, and is classified to section 44 of this title. Another prior section 11 of act June 30, 1936, was renumbered section 13, and is classified to section 45 of this title. AMENDMENTS 1996 - Pub. L. 104-106 transferred section in original so as to appear after section 43a of this title. 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 For effective date and applicability of section, 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 Sec. 44 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 44. Separability of Walsh-Healey provisions -STATUTE- If any provision of sections 35 to 45 of this title, or the application thereof to any persons or circumstances, is held invalid, the remainder of said sections, and the application of such provisions to other persons or circumstances, shall not be affected thereby. -SOURCE- (June 30, 1936, ch. 881, Sec. 12, formerly Sec. 10, 49 Stat. 2039; renumbered Sec. 11, June 30, 1952, ch. 530, title III, Sec. 301, 66 Stat. 308; renumbered Sec. 12, Pub. L. 104-106, div. D, title XLIII, Sec. 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675.) -MISC1- PRIOR PROVISIONS A prior section 12 of act June 30, 1936, was renumbered section 13, and is classified to section 45 of this title. Another prior section 12 of act June 30, 1936, was renumbered section 14, and is set out as a Short Title note under section 35 of this title. -End- -CITE- 41 USC Sec. 45 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 45. Effective date of Walsh-Healey provisions; exception as to representations with respect to minimum wages -STATUTE- Sections 35 to 45 of this title shall apply to all contracts entered into pursuant to invitations for bids issued on or after ninety days from June 30, 1936: Provided, however, That the provisions requiring the inclusion of representations with respect to minimum wages shall apply only to purchases or contracts relating to such industries as have been the subject matter of a determination by the Secretary of Labor. -SOURCE- (June 30, 1936, ch. 881, Sec. 13, formerly Sec. 11, 49 Stat. 2039; renumbered Sec. 12, June 30, 1952, ch. 530, title III, Sec. 301, 66 Stat. 308; renumbered Sec. 13, Pub. L. 104-106, div. D, title XLIII, Sec. 4321(f)(1)(B), Feb. 10, 1996, 110 Stat. 675.) -End- -CITE- 41 USC Sec. 46 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 46. Committee for Purchase From People Who Are Blind or Severely Disabled -STATUTE- (a) Establishment There is established a committee to be known as the Committee for Purchase From People Who Are Blind or Severely Disabled (hereafter in sections 46 to 48c of this title referred to as the "Committee"). The Committee shall be composed of fifteen members appointed as follows: (1) The President shall appoint as a member one officer or employee from each of the following: The Department of Agriculture, the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Department of Education, the Department of Commerce, the Department of Veterans Affairs, the Department of Justice, the Department of Labor, and the General Services Administration. The head of each such department and agency shall nominate one officer or employee in his department or agency for appointment under this paragraph. (2)(A) The President shall appoint one member from persons who are not officers or employees of the Government and who are conversant with the problems incident to the employment of the blind. (B) The President shall appoint one member from persons who are not officers or employees of the Government and who are conversant with the problems incident to the employment of other severely handicapped individuals. (C) The President shall appoint one member from persons who are not officers or employees of the Government and who represent blind individuals employed in qualified nonprofit agencies for the blind. (D) The President shall appoint one member from persons who are not officers or employees of the Government and who represent severely handicapped individuals (other than blind individuals) employed in qualified nonprofit agencies for other severely handicapped individuals. (b) Vacancy A vacancy in the membership of the Committee shall be filled in the manner in which the original appointment was made. (c) Chairman The members of the Committee shall elect one of their number to be Chairman. (d) Terms (1) Except as provided in paragraphs (2), (3), and (4), members appointed under paragraph (2) of subsection (a) of this section shall be appointed for terms of five years. Any member appointed to the Committee under such paragraph may be reappointed to the Committee if he meets the qualifications prescribed by that paragraph. (2) Of the members first appointed under paragraph (2) of subsection (a) of this section - (A) one shall be appointed for a term of three years, (B) one shall be appointed for a term of four years, and (C) one shall be appointed for a term of five years, as designated by the President at the time of appointment. (3) Any member appointed under paragraph (2) of subsection (a) of this section to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member appointed under such paragraph may serve after the expiration of his term until his successor has taken office. (4) The member first appointed under paragraph (2)(B) of subsection (a) of this section shall be appointed for a term of three years. (e) Pay and travel expenses (1) Except as provided in paragraph (2), members of the Committee shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of services for the Committee. (2) Members of the Committee who are officers or employees of the Government shall receive no additional pay on account of their service on the Committee. (3) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) (!1) of title 5. (f) Staff (1) Subject to such rules as may be adopted by the Committee, the Chairman may appoint and fix the pay of such personnel as the Committee determines are necessary to assist it in carrying out its duties and powers under sections 46 to 48c of this title. (2) Upon request of the Committee, the head of any entity of the Government is authorized to detail, on a reimbursable basis, any of the personnel of such entity to the Committee to assist it in carrying out its duties and powers under section 46 to 48c of this title. (3) The staff of the Committee appointed under paragraph (1) shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title 5 relating to classification and General Schedule pay rates. (g) Obtaining official data The Committee may secure directly from any entity of the Government information necessary to enable it to carry out sections 46 to 48c of this title. Upon request of the Chairman of the Committee, the head of such Government entity shall furnish such information to the Committee. (h) Administrative support services The Administrator of General Services shall provide to the Committee on a reimbursable basis such administrative support services as the Committee may request. (i) Annual report The Committee shall, not later than December 31 of each year, transmit to the President and to the Congress a report which shall include the names of the Committee members serving in the preceding fiscal year, the dates of Committee meetings in that year, a description of its activities under sections 46 to 48c of this title in that year, and any recommendations for changes in sections 46 to 48c of this title which it determines are necessary. -SOURCE- (June 25, 1938, ch. 697, Sec. 1, 52 Stat. 1196; Pub. L. 92-28, Sec. 1, June 23, 1971, 85 Stat. 77; Pub. L. 93-358, Sec. 1(1), (2), July 25, 1974, 88 Stat. 392, 393; Pub. L. 94-273, Sec. 8(2), Apr. 21, 1976, 90 Stat. 378; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 102-54, Sec. 13(p), June 13, 1991, 105 Stat. 278; Pub. L. 102-569, title IX, Sec. 911(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103-73, title III, Sec. 301, Aug. 11, 1993, 107 Stat. 736.) -REFTEXT- REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (e)(3), was amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). -MISC1- AMENDMENTS 1993 - Subsec. (a). Pub. L. 103-73 substituted "Blind or Severely Disabled" for "Blind and Severely Disabled" in introductory provisions. 1992 - Subsec. (a). Pub. L. 102-569 substituted "From People Who Are Blind and Severely Disabled" for "from the Blind and Other Severely Handicapped" in introductory provisions. 1991 - Subsec. (a)(1). Pub. L. 102-54 substituted "Department of Veterans Affairs" for "Veterans' Administration". 1976 - Subsec. (i). Pub. L. 94-273 substituted "December 31" for "September 30". 1974 - Subsec. (a). Pub. L. 93-358, Sec. 1(1)(A), (B), substituted "Committee for Purchase from Blind and Other Severely Handicapped" for "Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped" and "fifteen" for "fourteen" in provisions preceding par. (1). Subsec. (a)(2). Pub. L. 93-358, Sec. 1(1)(C), (D), struck out "and other severely handicapped individuals" after "employment of the blind" in subpar. (A), added subpar. (B), and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (d)(1). Pub. L. 93-358, Sec. 1(2)(A), substituted "paragraphs (2), (3), and (4)" for "paragraphs (2) and (3)". Subsec. (d)(4). Pub. L. 93-358, Sec. 1(2)(B), added par. (4). 1971 - Pub. L. 92-28, in substituting subsecs. (a) to (i) for former paragraph, among other changes: renamed Committee on Purchases of Blind-made Products as Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped; increased membership of Committee from seven to fourteen members; provided for appointments from Departments of Defense, Air Force, Health, Education, and Welfare, Justice, and Labor and from Veterans' Administration and General Services Administration; eliminated appointments from Treasury Department and Department of Interior; substituted appointment from Department of the Army for appointment from War Department; required one appointee to be also conversant with problems incident to employment of other severely handicapped individuals; substituted requirement that such appointment be from persons not officers or employees of the Government rather than that he be a private citizen; reenacted provision for Presidential appointment; substituted subsec. (e) pay and travel expenses provisions for former requirement for service of Committee members without additional compensation; incorporated in subsec. (c) provision for selection of a Chairman, substituting "election" for "designation"; and inserted provisions incorporated in subsecs. (a)(1) (for nomination by head of each department and agency of one officer or employee of the department or agency for appointment under par. (1)), (a)(2)(B), (C), (b), (d), and (f) to (i). EFFECTIVE DATE OF 1971 AMENDMENT Section 2 of Pub. L. 92-28 provided that: "The amendment made by the first section of this Act [amending this section and sections 47 and 48 and enacting sections 48a to 48c of this title] shall take effect on the first day of the first month which begins more than thirty days after the date of enactment of this Act [June 23, 1971]." SHORT TITLE Section 7 of act June 25, 1938, as added by Pub. L. 103-355, title X, Sec. 10005(f)(6), Oct. 13, 1994, 108 Stat. 3409, provided that: "This Act [enacting this section and sections 47 to 48c of this title] may be cited as the 'Javits-Wagner-O'Day Act'." TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (i) of this section relating to the requirement that the Committee transmit a report to Congress each year, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 199 of House Document No. 103- 7. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -TRANS- TRANSFER OF FUNCTIONS "Department of Education" substituted for "Department of Health, Education, and Welfare" in subsec. (a)(1) pursuant to sections 301(a)(4)(A), (C), (b)(3) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(4)(A), (C), (b)(3) and 3507 of Title 20, Education, and which transferred to the Department of Education the functions and offices of the Department of Health, Education, and Welfare that had the major governmental function in the field of vocational rehabilitation for the blind and other severely handicapped and administered related vocational rehabilitation programs for individuals with disabilities. -MISC2- CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES Pub. L. 109-364, div. A, title VIII, Sec. 856(a), (d), Oct. 17, 2006, 120 Stat. 2347, 2349, provided that: "(a) Inapplicability of Certain Laws. - "(1) Inapplicability of the randolph-sheppard act to contracts and subcontracts for military dining facility support services covered by javits-wagner-o'day act. - The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not apply to full food services, mess attendant services, or services supporting the operation of a military dining facility that, as of the date of the enactment of this Act [Oct. 17, 2006], were services on the procurement list established under section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47). "(2) Inapplicability of the javits-wagner-o'day act to contracts for the operation of a military dining facility. - (A) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) does not apply at the prime contract level to any contract entered into by the Department of Defense as of the date of the enactment of this Act [Oct. 17, 2006] with a State licensing agency under the Randolph- Sheppard Act (20 U.S.C. 107 et seq.) for the operation of a military dining facility. "(B) The Javits-Wagner-O'Day Act shall apply to any subcontract entered into by a Department of Defense contractor for full food services, mess attendant services, and other services supporting the operation of a military dining facility. "(3) Repeal of superseded law. - [Repealed section 853(a), (b) of Pub. L. 108-375, 118 Stat. 2021.] "(d) Definitions. - In this section: "(1) The term 'State licensing agency' means any agency designated by the Secretary of Education under section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)). "(2) The term 'military dining facility' means a facility owned, operated, leased, or wholly controlled by the Department of Defense and used to provide dining services to members of the Armed Forces, including a cafeteria, military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces." STATEMENT OF POLICY AND REPORT CONCERNING THE OPERATION AND MANAGEMENT OF CERTAIN MILITARY FACILITIES REGARDING THE BLIND OR SEVERELY DISABLED Pub. L. 109-163, div. A, title VIII, Sec. 848(b), (c), Jan. 6, 2006, 119 Stat. 3395, provided that: "(b) Statement of Policy. - The Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall jointly issue a statement of policy related to the implementation of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits- Wagner-O'Day Act (41 U.S.C. 48 [46 et seq.]) within the Department of Defense and the Department of Education. The joint statement of policy shall specifically address the application of those Acts to both operation and management of all or any part of a military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces, and shall take into account and address, to the extent practicable, the positions acceptable to persons representing programs implemented under each Act. "(c) Report. - Not later than April 1, 2006, the Secretary of Defense, the Secretary of Education, and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce [now Committee on Education and Labor] of the House of Representatives a report describing the joint statement of policy issued under subsection (b), with such findings and recommendations as the Secretaries consider appropriate." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 47 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 47. Duties and powers of the Committee -STATUTE- (a) Procurement list: publication in Federal Register; additions and removals (1) The Committee shall establish and publish in the Federal Register a list (hereafter in sections 46 to 48c of this title referred to as the "procurement list") of - (A) the commodities produced by any qualified nonprofit agency for the blind or by any qualified nonprofit agency for other severely handicapped, and (B) the services provided by any such agency, which the Committee determines are suitable for procurement by the Government pursuant to sections 46 to 48c of this title. Such list shall be established and published in the Federal Register before the expiration of the thirty-day period beginning on Aug. 1, 1971, and shall initially consist of the commodities contained, on such date, in the schedule of blind-made products issued by the former Committee on Purchases of Blind-Made Products under its regulations. (2) The Committee may, by rule made in accordance with the requirements of subsections (b), (c), (d), and (e) of section 553 of title 5, add to and remove from the procurement list commodities so produced and services so provided. (b) Fair market price; price revisions The Committee shall determine the fair market price of commodities and services which are contained on the procurement list and which are offered for sale to the Government by any qualified nonprofit agency for the blind or any such agency for other severely handicapped. The Committee shall also revise from time to time in accordance with changing market conditions its price determinations with respect to such commodities and services. (c) Central nonprofit agency; designation The Committee shall designate a central nonprofit agency or agencies to facilitate the distribution (by direct allocation, subcontract, or any other means) of orders of the Government for commodities and services on the procurement list among qualified nonprofit agencies for the blind or such agencies for other severely handicapped. (d) Rules and regulations; blind-made products, priority (1) The Committee may make rules and regulations regarding (A) specifications for commodities and services on the procurement list, (B) the time of their delivery, and (C) such other matters as may be necessary to carry out the purposes of sections 46 to 48c of this title. (2) The Committee shall prescribe regulations providing that - (A) in the purchase by the Government of commodities produced and offered for sale by qualified nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall be accorded to commodities produced and offered for sale by qualified nonprofit agencies for the blind, and (B) in the purchase by the Government of services offered by nonprofit agencies for the blind or such agencies for other severely handicapped, priority shall, until the end of the calendar year ending December 31, 1976, be accorded to services offered for sale by qualified nonprofit agencies for the blind. (e) Problems and production methods; study and evaluation The Committee shall make a continuing study and evaluation of its activities under sections 46 to 48c of this title for the purpose of assuring effective and efficient administration of sections 46 to 48c of this title. The Committee may study (on its own or in cooperation with other public or nonprofit private agencies) (1) problems related to the employment of the blind and of other severely handicapped individuals, and (2) the development and adaptation of production methods which would enable a greater utilization of the blind and other severely handicapped individuals. -SOURCE- (June 25, 1938, ch. 697, Sec. 2, 52 Stat. 1196; Pub. L. 92-28, Sec. 1, June 23, 1971, 85 Stat. 79.) -MISC1- AMENDMENTS 1971 - Pub. L. 92-28, in substituting subsecs. (a) to (e) for former paragraph, among other changes: extended provisions to cover commodities and services of agencies for the blind and other severely handicapped, previously limited to brooms and mops and other suitable commodities manufactured by agencies for the blind; inserted provisions incorporated in subsecs. (a) and (e); incorporated in subsec. (b) provisions for determination of fair market price and price revisions; incorporated in subsec. (c) provisions for designation of a central nonprofit agency, providing for distribution by direct allocation, subcontract, or any other means; incorporated existing provisions in subsec. (d)(1), adding par. (2) thereof; and struck out provision that no change in prices shall become effective prior to expiration of fifteen days from date on which such change is made by the Committee. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-28 effective Aug. 1, 1971, see section 2 of Pub. L. 92-28, set out as a note under section 46 of this title. -End- -CITE- 41 USC Sec. 48 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 48. Procurement requirements for the Government; nonapplication to prison-made products -STATUTE- If any entity of the Government intends to procure any commodity or service on the procurement list, that entity shall, in accordance with rules and regulations of the Committee, procure such commodity or service, at the price established by the Committee, from a qualified nonprofit agency for the blind or such an agency for other severely handicapped if the commodity or service is available within the period required by that Government entity; except that this section shall not apply with respect to the procurement of any commodity which is available for procurement from an industry established under chapter 307 of title 18, and which, under section 4124 of such title 18, is required to be procured from such industry. -SOURCE- (June 25, 1938, ch. 697, Sec. 3, 52 Stat. 1196; Pub. L. 92-28, Sec. 1, June 23, 1971, 85 Stat. 80.) -MISC1- AMENDMENTS 1971 - Pub. L. 92-28 extended provisions to cover any commodity or service on the procurement list for former provision for brooms and mops and other suitable commodities, excepted section from application to prison-made products, and deleted provision for nonapplicability of sections 46 to 58 of this title to cases where brooms and mops were available for procurement from and Federal department or agency and procurement therefrom was required under provisions of any law in effect on June 25, 1938, or to cases where brooms and mops were procured outside continental United States. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-28 effective Aug. 1, 1971, see section 2 of Pub. L. 92-28, set out as a note under section 46 of this title. -End- -CITE- 41 USC Sec. 48a 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 48a. Audit -STATUTE- The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and other records of the Committee and of each agency designated by the Committee under section 47(c) of this title. This section shall also apply to any qualified nonprofit agency for the blind and any such agency for other severely handicapped which have sold commodities or services under sections 46 to 48c of this title but only with respect to the books, documents, papers, and other records of such agency which relate to its activities in a fiscal year in which a sale was made under sections 46 to 48c of this title. -SOURCE- (June 25, 1938, ch. 697, Sec. 4, as added Pub. L. 92-28, Sec. 1, June 23, 1971, 85 Stat. 81.) -MISC1- EFFECTIVE DATE Section effective Aug. 1, 1971, see section 2 of Pub. L. 92-28, set out as an Effective Date of 1971 Amendment note under section 46 of this title. -End- -CITE- 41 USC Sec. 48b 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 48b. Definitions -STATUTE- For purposes of sections 46 to 48c of this title - (1) The term "blind" refers to an individual or class of individuals whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. (2) The terms "other severely handicapped" and "severely handicapped individuals" mean an individual or class of individuals under a physical or mental disability, other than blindness, which (according to criteria established by the Committee after consultation with appropriate entities of the Government and taking into account the views of non-Government entities representing the handicapped) constitutes a substantial handicap to employment and is of such a nature as to prevent the individual under such disability from currently engaging in normal competitive employment. (3) The term "qualified nonprofit agency for the blind" means an agency - (A) organized under the laws of the United States or of any State, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; (B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and (C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under sections 46 to 48c of this title) during the fiscal year employs blind individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services. (4) The term "qualified nonprofit agency for other severely handicapped" means an agency - (A) organized under the laws of the United States or of any State, operated in the interest of severely handicapped individuals who are not blind, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; (B) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and (C) which in the production of commodities and in the provision of services (whether or not the commodities or services are procured under sections 46 to 48c of this title) during the fiscal year employs blind or other severely handicapped individuals for not less than 75 per centum of the man-hours of direct labor required for the production or provision of the commodities or services. (5) The term "direct labor" includes all work required for preparation, processing, and packing of a commodity, or work directly relating to the performance of a service, but not supervision, administration, inspection, or shipping. (6) The term "fiscal year" means the twelve-month period beginning on October 1 of each year. (7) The terms "Government" and "entity of the Government" include any entity of the legislative branch or the judicial branch, any executive agency or military department (as such agency and department are respectively defined by sections 102 and 105 of title 5), the United States Postal Service, and any nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. (8) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. -SOURCE- (June 25, 1938, ch. 697, Sec. 5, as added Pub. L. 92-28, Sec. 1, June 23, 1971, 85 Stat. 81; amended Pub. L. 93-358, Sec. 1(3), July 25, 1974, 88 Stat. 393; Pub. L. 94-273, Sec. 3(22), Apr. 21, 1976, 90 Stat. 377.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-273 substituted "October" for "July" in par. (6). 1974 - Pub. L. 93-358 added par. (5) defining "direct labor", struck out former par. (6) which defined "direct labor" without reference to work directly relating to the performance of a service, and redesignated former pars. (7), (8), and (9) as (6), (7), and (8), respectively. EFFECTIVE DATE Section effective Aug. 1, 1971, see section 2 of Pub. L. 92-28, set out as an Effective Date of 1971 Amendment note under section 46 of this title. -TRANS- TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. -End- -CITE- 41 USC Sec. 48c 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 48c. Authorization of appropriations -STATUTE- There are authorized to be appropriated to the Committee to carry out sections 46 to 48c of this title $240,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the succeeding fiscal years. -SOURCE- (June 25, 1938, ch. 697, Sec. 6, as added Pub. L. 92-28, Sec. 1, June 23, 1971, 85 Stat. 82; amended Pub. L. 93-76, July 30, 1973, 87 Stat. 176; Pub. L. 93-358, Sec. 1(4), July 25, 1974, 88 Stat. 393.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-358 substituted "$240,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the succeeding fiscal years" for "$200,000 each for the fiscal year ending June 30, 1972, and the next succeeding fiscal year, and $240,000 for the fiscal year ending June 30, 1974". 1973 - Pub. L. 93-76 increased authorization of appropriation to $240,000 for fiscal year ending June 30, 1974. EFFECTIVE DATE Section effective Aug. 1, 1971, see section 2 of Pub. L. 92-28, set out as an Effective Date of 1971 Amendment note under section 46 of this title. -End- -CITE- 41 USC Sec. 49 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 49. Defense employment; honorable discharge from land and naval forces as equivalent to birth certificate -STATUTE- No defense contractor shall deny employment, on account of failure to produce a birth certificate, to any person who submits, in lieu of a birth certificate, an honorable discharge certificate or certificate issued in lieu thereof from the Army, Air Force, Navy, Marine Corps, or Coast Guard of the United States, unless such honorable discharge certificate shows on its face that such person may have been an alien at the time of its issuance. -SOURCE- (June 22, 1942, ch. 432, Sec. 1, 56 Stat. 375; July 26, 1947, ch. 343, title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503.) -CHANGE- CHANGE OF NAME Air Force inserted in text under authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, 503. 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 such act July 26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947 were 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 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively. -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. 50 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 50. "Defense contractor" defined -STATUTE- As used in sections 49 and 50 of this title the term "defense contractor" means an employer engaged in - (1) the production, maintenance, or storage of arms, armament, ammunition, implements of war, munitions, machinery, tools, clothing, food, fuel, or any articles or supplies, or parts or ingredients of any articles or supplies; or (2) the construction, reconstruction, repair, or installation of a building, plant, structure, or facility; under a contract with the United States or under any contract which the President, the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy, or the Secretary of Transportation certifies to such employer to be necessary to the national defense. -SOURCE- (June 22, 1942, ch. 432, Sec. 2, 56 Stat. 376; July 26, 1947, ch. 343, title II, Secs. 205(a), 207(a), (f), 61 Stat. 501-503; Pub. L. 97-31, Sec. 12(16), Aug. 6, 1981, 95 Stat. 154.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-31 substituted reference to Secretary of Transportation for reference to United States Maritime Commission. -CHANGE- CHANGE OF NAME Secretary of the Air Force inserted in text under authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. 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 such act July 26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947 were 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 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively. -End- -CITE- 41 USC Sec. 51 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 51. Short title -STATUTE- Sections 51 to 58 of this title may be cited as the "Anti- Kickback Act of 1986". -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 1, 60 Stat. 37; Pub. L. 86-695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3523.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-634 amended section generally, substituting short title provision for provisions relating to fees or kick-backs by subcontractors on negotiated contracts, recovery thereof by the United States, conclusive presumption that such payments by such subcontractors were included in the price of the subcontract or order and ultimately borne by the United States, and withholding by the prime contractor of such amounts from sums otherwise due a subcontractor. 1960 - Pub. L. 86-695 inserted "negotiated" before "contract" and struck out ", on a cost-plus-a-fixed-fee or other cost reimbursable basis" after "whatsoever" in cl. (1), and substituted "setoff" for "set-off" and "contract" for "cost-plus-a-fixed-fee or cost reimbursable contract," before "or by an action". EFFECTIVE DATE OF 1986 AMENDMENT Section 3 of Pub. L. 99-634 provided that: "(a) Except as provided in subsection (b), the Anti-Kickback Act of 1986 (as set out in section 2(a)) [sections 51 to 58 of this title] shall take effect with respect to conduct described in section 3 of such Act [section 53 of this title] which occurs on or after the date of the enactment of this Act [Nov. 7, 1986]. "(b) Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 (as set out in section 2(a)) [section 57(a) and (b) of this title] shall take effect with respect to contract solicitations issued by an agency, department, or other establishment of the Federal Government on or after the date which is 90 days after the date of the enactment of this Act [Nov. 7, 1986]." SHORT TITLE OF 1986 AMENDMENT Section 1 of Pub. L. 99-634 provided: "That this Act [enacting sections 55 to 58 of this title, amending this section and sections 52 to 54 of this title, and enacting provisions set out as a note above] may be cited as the 'Anti-Kickback Enforcement Act of 1986'." -End- -CITE- 41 USC Sec. 52 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 52. Definitions -STATUTE- As used in sections 51 to 58 of this title: (1) The term "contracting agency", when used with respect to a prime contractor, means any department, agency, or establishment of the United States which enters into a prime contract with a prime contractor. (2) The term "kickback" means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. (3) The term "person" means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. (4) The term "prime contract" means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. (5) The term "prime contractor" means a person who has entered into a prime contract with the United States. (6) The term "prime contractor employee" means any officer, partner, employee, or agent of a prime contractor. (7) The term "subcontract" means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. (8) The term "subcontractor" - (A) means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and (B) includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. (9) The term "subcontractor employee" means any officer, partner, employee, or agent of a subcontractor. -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 2, 60 Stat. 38; Pub. L. 86-695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3523.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-634 amended section generally. Prior to amendment, section read as follows: "For the purpose of sections 51 to 54 of this title, the term 'subcontractor' is defined as any person, including a corporation, partnership, or business association of any kind, who holds an agreement or purchase order to perform all or any part of the work or to make or to furnish any article or service required for the performance of a negotiated contract or of a subcontract entered into thereunder; the term 'person' shall include any subcontractor, corporation, association, trust, joint-stock company, partnership, or individual; and the term 'negotiated contract' means made without formal advertising." 1960 - Pub. L. 86-695 substituted "negotiated contract" for "cost- plus-a-fixed-fee or cost reimbursable contract" in definition of "subcontractor" and defined "negotiated contract". EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-634 effective with respect to conduct described in section 53 of this title which occurs on or after Nov. 7, 1986, see section 3(a) of Pub. L. 99-634, set out as a note under section 51 of this title. -End- -CITE- 41 USC Sec. 53 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 53. Prohibited conduct -STATUTE- It is prohibited for any person - (1) to provide, attempt to provide, or offer to provide any kickback; (2) to solicit, accept, or attempt to accept any kickback; or (3) to include, directly or indirectly, the amount of any kickback prohibited by clause (1) or (2) in the contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to the United States. -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 3, 60 Stat. 38; Pub. L. 86-695, Sept. 2, 1960, 74 Stat. 741; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3524.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-634 amended section generally. Prior to amendment, section read as follows: "For the purpose of ascertaining whether such fees, commissions, compensation, gifts, or gratuities have been paid or granted by a subcontractor, the General Accounting Office shall have the power to inspect the plants and to audit the books and records of any prime contractor or subcontractor engaged in the performance of a negotiated contract." 1960 - Pub. L. 86-695 substituted "negotiated contract" for "cost- plus-a-fixed-fee or cost reimbursable contract". EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-634 effective with respect to conduct described in this section which occurs on or after Nov. 7, 1986, see section 3(a) of Pub. L. 99-634, set out as a note under section 51 of this title. -End- -CITE- 41 USC Sec. 54 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 54. Criminal penalties -STATUTE- Any person who knowingly and willfully engages in conduct prohibited by section 53 of this title shall be imprisoned for not more than 10 years or shall be subject to a fine in accordance with title 18, or both. -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 4, 60 Stat. 38; Pub. L. 86-695, Sept. 2, 1960, 74 Stat. 741; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3524.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-634 amended section generally. Prior to amendment, section read as follows: "Any person who shall knowingly, directly or indirectly, make or receive any such prohibited payment shall be fined not more than $10,000 or be imprisoned for not more than two years, or both." 1960 - Pub. L. 86-695 reenacted section without change. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-634 effective with respect to conduct described in section 53 of this title which occurs on or after Nov. 7, 1986, see section 3(a) of Pub. L. 99-634, set out as a note under section 51 of this title. -End- -CITE- 41 USC Sec. 55 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 55. Civil actions -STATUTE- (a)(1) The United States may, in a civil action, recover a civil penalty from any person who knowingly engages in conduct prohibited by section 53 of this title. The amount of such civil penalty shall be - (A) twice the amount of each kickback involved in the violation; and (B) not more than $10,000 for each occurrence of prohibited conduct. (2) The United States may, in a civil action, recover a civil penalty from any person whose employee, subcontractor or subcontractor employee violates section 53 of this title by providing, accepting, or charging a kickback. The amount of such civil penalty shall be the amount of that kickback. (b) A civil action under this section shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the prohibited conduct establishing the cause of action occurred, and (2) the date on which the United States first knew or should reasonably have known that the prohibited conduct had occurred. -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 5, as added Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3524.) -MISC1- EFFECTIVE DATE Section effective with respect to conduct described in section 53 of this title which occurs on or after Nov. 7, 1986, see section 3(a) of Pub. L. 99-634, set out as an Effective Date of 1986 Amendment note under section 51 of this title. -End- -CITE- 41 USC Sec. 56 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 56. Administrative offsets -STATUTE- (a) Offset authority A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 53 of this title against any moneys owed by the United States to the prime contractor under the prime contract to which such kickback relates. (b) Duties of prime contractor (1) Upon direction of a contracting officer of a contracting agency with respect to a prime contract, the prime contractor shall withhold from any sums owed to a subcontractor under a subcontract of the prime contract the amount of any kickback which was or may be offset against that prime contractor under subsection (a) of this section. (2) Such contracting officer may order that sums withheld under paragraph (1) - (A) be paid over to the contracting agency; or (B) if the United States has already offset the amount of such sums against that prime contractor, be retained by the prime contractor. (3) The prime contractor shall notify the contracting officer when an amount is withheld and retained under paragraph (2)(B). (c) Claim of Government An offset under subsection (a) of this section or a direction or order of a contracting officer under subsection (b) of this section is a claim by the Government for the purposes of the Contract Disputes Act of 1978 [41 U.S.C. 601 et seq.]. (d) "Contracting officer" defined As used in this section, the term "contracting officer" has the meaning given that term for the purposes of the Contract Disputes Act of 1978 [41 U.S.C. 601 et seq.]. -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 6, as added Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3524.) -REFTEXT- REFERENCES IN TEXT The Contract Disputes Act of 1978, referred to in subsecs. (c) and (d), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is classified principally to chapter 9 (Sec. 601 et seq.) of this title. For complete classification of this Act to the Code see Short Title note set out under section 601 of this title and Tables. -MISC1- EFFECTIVE DATE Section effective with respect to conduct described in section 53 of this title which occurs on or after Nov. 7, 1986, see section 3(a) of Pub. L. 99-634, set out as an Effective Date of 1986 Amendment note under section 51 of this title. -End- -CITE- 41 USC Sec. 57 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 57. Contractor responsibilities -STATUTE- (a) Procedural requirements for prevention and detection of violations Each contracting agency shall include in each prime contract awarded by such agency a requirement that the prime contractor shall have in place and follow reasonable procedures designed to prevent and detect violations of section 53 of this title in its own operations and direct business relationships. (b) Cooperation in investigations requirement Each contracting agency shall include in each prime contract awarded by such agency a requirement that the prime contractor shall cooperate fully with any Federal Government agency investigating a violation of section 53 of this title. (c) Reporting requirement; supplying information as favorable evidence of responsibility (1)(A) Whenever a prime contractor or subcontractor has reasonable grounds to believe that a violation of section 53 of this title may have occurred, the prime contractor or subcontractor shall promptly report the possible violation in writing. (B) A contractor shall make the reports required by subparagraph (A) to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (2) In the case of an administrative or contractual action to suspend or debar any person who is eligible to enter into contracts with the Federal Government, evidence that such person has supplied information to the United States pursuant to paragraph (1) shall be favorable evidence of such person's responsibility for the purposes of Federal procurement laws and regulations. (d) Partial inapplicability to small contracts Subsections (a) and (b) of this section do not apply to a prime contract that is not greater than $100,000 or to a prime contract for the acquisition of commercial items (as defined in section 403(12) of this title). (e) Cooperation in investigations regardless of contract amount Notwithstanding subsection (d) of this section, a prime contractor shall cooperate fully with any Federal Government agency investigating a violation of section 53 of this title. -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 7, as added Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3525; amended Pub. L. 103-355, title IV, Sec. 4104(a), title VIII, Sec. 8301(c)(1), Oct. 13, 1994, 108 Stat. 3341, 3397; Pub. L. 104-106, div. D, title XLIII, Sec. 4321(g), Feb. 10, 1996, 110 Stat. 675.) -MISC1- AMENDMENTS 1996 - Subsec. (d). Pub. L. 104-106 made technical amendment to reference in original act which appears in text as reference to section 403(12) of this title and struck out second period at end. 1994 - Subsec. (d). Pub. L. 103-355, Sec. 8301(c)(1), inserted before period at end "or to a prime contract for the acquisition of commercial items (as defined in section 403(12) of this title)." Pub. L. 103-355, Sec. 4104(a), added subsec. (d). Subsec. (e). Pub. L. 103-355, Sec. 4104(a), added subsec. (e). 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. EFFECTIVE DATE Subsecs. (a) and (b) effective with respect to contract solicitations issued by an agency, department, or other establishment of the Federal Government on or after the date which is 90 days after Nov. 7, 1986, and subsec. (c) effective with respect to conduct described in section 53 of this title which occurs on or after Nov. 7, 1986, see section 3 of Pub. L. 99-634, set out as an Effective Date of 1986 Amendment note under section 51 of this title. -End- -CITE- 41 USC Sec. 58 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 1 - GENERAL PROVISIONS -HEAD- Sec. 58. Inspection authority -STATUTE- For the purpose of ascertaining whether there has been a violation of section 53 of this title with respect to any prime contract, the Government Accountability Office and the inspector general of the contracting agency, or a representative of such contracting agency designated by the head of such agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including any electronic data or records, of any prime contractor or subcontractor under a prime contract awarded by such agency. This section does not apply with respect to a prime contract for the acquisition of commercial items (as defined in section 403(12) of this title). -SOURCE- (Mar. 8, 1946, ch. 80, Sec. 8, as added Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat. 3525; amended Pub. L. 103-355, title VIII, Sec. 8301(c)(2), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- AMENDMENTS 2004 - Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". 1994 - Pub. L. 103-355 inserted at end "This section does not apply with respect to a prime contract for the acquisition of commercial items (as defined in section 403(12) 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. EFFECTIVE DATE Section effective with respect to conduct described in section 53 of this title which occurs on or after Nov. 7, 1986, see section 3(a) of Pub. L. 99-634, set out as an Effective Date of 1986 Amendment note under section 51 of this title. -End- -CITE- 41 USC CHAPTER 2 - TERMINATION OF WAR CONTRACTS 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- CHAPTER 2 - TERMINATION OF WAR CONTRACTS -MISC1- Sec. 101. Declaration of policy. 102. Surveillance by Congress. 103. Definitions. 104. Administration of chapter. 105. Contract Settlement Advisory Board; composition; duties. 106. Basis for settlement of termination claims. 107. Settlement of subcontractors' claims. 108. Interim financing. 109. Advance or partial payments to subcontractors; excessive payments, interest, liability of war contractor. 110. Guarantee of loans, advances, etc. 111. Termination of contracts. 112. Removal and storage of materials. 113. Appeals. 114. Court of Federal Claims. 115. Personal financial liability of contracting officers. 116. Repealed. 117. Defective, informal, and quasi contracts. 118. Administration. 119. Fraudulent claims, vouchers, statements, etc.; jurisdiction. 120. Powers and duties of contracting agencies. 121. Administrator of General Services; additional duties. 122. Use of appropriated funds. 123. Delegation of authority by Administrator of General Services. 124. Effective date; applicability to lend lease contracts. 125. Exemption of certain contracts outside continental United States or in Alaska. -End- -CITE- 41 USC Sec. 101 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 101. Declaration of policy -STATUTE- The Congress declares that the objectives of this chapter are - (a) to facilitate maximum war production during the war, and to expedite reconversion from war production to civilian production as war conditions permit; (b) to assure to prime contractors and subcontractors, small and large, speedy and equitable final settlement of claims under terminated war contracts, and adequate interim financing until such final settlement; (c) to assure uniformity among Government agencies in basic policies and administration with respect to such termination settlements and interim financing; (d) to facilitate the efficient use of materials, manpower, and facilities for war and civilian purposes by providing prime contractors and subcontractors with notice of termination of their war contracts as far in advance of the cessation of work thereunder as is feasible and consistent with the national security; (e) to assure the expeditious removal from the plants of prime contractors and subcontractors of termination inventory not to be retained or sold by the contractor; (f) to use all practicable methods compatible with the foregoing objectives to prevent improper payments and to detect and prosecute fraud. -SOURCE- (July 1, 1944, ch. 358, Sec. 1, 58 Stat. 649.) -MISC1- SHORT TITLE Section 27 of act July 1, 1944, provided that: "This Act [enacting this chapter] may be cited as the 'Contract Settlement Act of 1944'." SEPARABILITY Section 26 of act July 1, 1944, provided: "If any provision of this Act [enacting this chapter], or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby." -End- -CITE- 41 USC Sec. 102 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 102. Surveillance by Congress -STATUTE- (a) To assist the Congress in appraising the administration of this chapter and in developing such amendments or related legislation as may further be necessary to accomplish the objectives of this chapter, the appropriate committees of the Senate and the House of Representatives shall study each report submitted to the Congress under this chapter and shall otherwise maintain continuous surveillance of the operations of the Government agencies under this chapter. (b) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(110), 65 Stat. 705. -SOURCE- (July 1, 1944, ch. 358, Sec. 2, 58 Stat. 649; Oct. 31, 1951, ch. 654, Sec. 1(110), 65 Stat. 705.) -MISC1- AMENDMENTS 1951 - Subsec. (b). Act Oct. 31, 1949, repealed subsec. (b) which related to reports to Congress. -End- -CITE- 41 USC Sec. 103 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 103. Definitions -STATUTE- As used in this chapter - (a) The term "prime contract" means any contract, agreement, or purchase order heretofore or hereafter entered into by a contracting agency and connected with or related to the prosecution of the war; and the term "prime contractor" means any holder of one or more prime contracts. (b) The term "subcontract" means any contract, agreement, or purchase order heretofore or hereafter entered into to perform any work, or to make or furnish any material to the extent that such work or material is required for the performance of any one or more prime contracts or of any one or more other subcontracts; and the term "subcontractor" means any holder of one or more subcontracts. (c) The term "war contract" means a prime contract or a subcontract; and the term "war contractor" means any holder of one or more war contracts. (d) The terms "termination", "terminate" and "terminated" refer to the termination or cancellation, in whole or in part, of work under a prime contract for the convenience or at the option of the Government (except for default of the prime contractor) or of work under a subcontract for any reason except the default of the subcontractor. (e) The term "material" includes any article, commodity, machinery, equipment, accessory, part, component, assembly, work in process, maintenance, repair, and operating supplies, and any product of any kind. (f) The term "Government agency" means any executive department of the Government, or any administrative unit or subdivision thereof, any independent agency or any corporation owned or controlled by the United States in the executive branch of the Government, and includes any contracting agency. (g) The term "contracting agency" means any Government agency, which has been or hereafter may be authorized to make contracts pursuant to section 611 (!1) of Appendix to title 50, and includes the Reconstruction Finance Corporation and any corporation organized pursuant to the Reconstruction Finance Corporation Act, and the Secretary of Commerce. (h) The term "termination claim" means any claim or demand by a war contractor for fair compensation for the termination of any war contract and any other claim under a terminated war contract, which regulations prescribed under this chapter authorize to be asserted and settled in connection with any termination settlement. (i) The term "interim financing" includes advance payments, partial payments, loans, discounts, advances, and commitments in connection therewith, and guaranties of loans, discounts, advances, and commitments in connection therewith and any other type of financing made in contemplation of or related to termination of war contracts. (j) The term "Administrator" means the Administrator of General Services. (k) The term "person" means any individual, corporation, partnership, firm, association, trust, estate, or other entity. (l) The term "termination inventory" means any materials (including a proper part of any common materials), properly allocable to the terminated portion of a war contract, except any machinery or equipment subject to a separate contract specifically governing the use or disposition thereof. (m) The term "final and conclusive", as applied to any settlement, finding, or decision, means that such settlement, finding, or decision shall not be reopened, annulled, modified, set aside, or disregarded by any officer, employee, or agent of the United States or in any suit, action, or proceeding except as provided in this chapter. -SOURCE- (July 1, 1944, ch. 358, Sec. 3, 58 Stat. 650; Ex. Ord. No. 9638, Sec. 1, eff. Oct. 4, 1945, 10 F.R. 12591; Ex. Ord. No. 9809, Secs. 1, 8 eff. Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, Secs. 101, 203, eff. Apr. 23, 1947, 12 F.R. 2645; June 30, 1947, ch. 166, title II, Sec. 207, 61 Stat. 209; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT Section 611 of Appendix to title 50, referred to in subsec. (g), was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651. See section 1431 et seq. of Title 50, War and National Defense. The Reconstruction Finance Corporation Act, referred to in subsec. (g), is act Jan. 22, 1932, ch. 8, 47 Stat. 5, as amended, which was classified to chapter 14 (Sec. 601 et seq.) of Title 15, Commerce and Trade, and has been eliminated from the Code. For complete classification of this Act to the Code prior to its elimination from the Code, see Tables. -COD- CODIFICATION In subsec. (g), the Smaller War Plants Corporation was omitted from the definition of the term "contracting agency," in subsec. (g) on the authority of section 207 of Act June 30, 1947, which provided: "The liquidation of the affairs of the Smaller War Plants Corporation administered by the Reconstruction Finance Corporation pursuant to Executive Order 9665 shall be carried out by the Reconstruction Finance Corporation, notwithstanding the provisions of the last paragraph of section 5 of the First War Powers Act, 1941 [section 605 of Title 50, Appendix, War and National Defense]. The Smaller War Plants Corporation is hereby abolished." -TRANS- TRANSFER OF FUNCTIONS In subsec. (g), "Secretary of Commerce" substituted for "War Production Board" in view of transfer of War Production Board functions to Civilian Production Administration, then to Office of Temporary Controls, and then to Secretary of Commerce by Ex. Ord. Nos. 9638, 9809, and 9841. In subsec. (j), functions of Director of Contract Settlement transferred to Secretary of the Treasury by Ex. Ord. No. 9809, Sec. 8, and Reorg. Plan No. 1 of 1947, Sec. 201, were retransferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Reorg. Plan No. 1 of 1957, Sec. 6(a), eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees, abolished Reconstruction Finance Corporation. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 104 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 104. Administration of chapter -STATUTE- (a) Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652 (b) Rules and regulations In order to insure uniform and efficient administration of the provisions of this chapter, the Administrator of General Services, subject to such provisions, by general orders or general regulations - (1) shall prescribe policies, principles, methods, procedures, and standards to govern the exercise of the authority and discretion and the performance of the duties and functions of all Government agencies under this chapter; and (2) may require or restrict the exercise of any such authority and discretion, or the performance of any such duty or function, to such extent as he deems necessary to carry out the provisions of this chapter. (c) Compliance The exercise of any authority or discretion and the performance of any duty or function, conferred or imposed on any Government agency by this chapter, shall be subject to such orders and regulations prescribed by the Administrator of General Services pursuant to subsection (b) of this section. Each Government agency shall carry out such orders and regulations of the Administrator of General Services expeditiously, and shall issue such regulations with respect to its operations and procedures as may be necessary to carry out the policies, principles, methods, procedures, and standards prescribed by the Administrator of General Services. Any Government agency may issue such further regulations not inconsistent with the general orders or regulations of the Administrator of General Services as it deems necessary or desirable to carry out the provisions of this chapter. (d) Personnel; supplies, facilities, and services The Administrator of General Services may, within the limits of funds which may be made available, employ and fix the compensation of necessary personnel in accordance with the provisions of the civil-service laws and chapter 51 and subchapter III of chapter 53 of title 5, and make expenditures for supplies, facilities, and services necessary for the performance of his functions under this chapter. Without regard to the provisions of the civil-service laws, he may employ certified public accountants, qualified cost accountants, industrial engineers, appraisers, and other experts, and contract with certified public accounting firms and qualified firms of engineers in the discharge of the duties imposed upon him and in furtherance of the objectives and policies of this chapter. The Administrator of General Services shall perform the duties imposed upon him through the personnel and facilities of the contracting agencies and other established Government agencies, to the extent that this does not interfere with the function of the Administrator of General Services to insure uniform and efficient administration of the provisions of this chapter. (e) Publication in Federal Register All orders and regulations prescribed by the Administrator of General Services or any Government agency under this chapter shall be published in the Federal Register. -SOURCE- (July 1, 1944, ch. 358, Sec. 4, 58 Stat. 651; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 652.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in subsec. (d), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION In subsec. (d) of this section, "chapter 51 and subchapter III of chapter 53" substituted for "the Classification Act of 1949" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. In the second sentence of this section, provisions that authorized the appointment of a Deputy Director and that authorized the employment of certified public accountants, qualified cost accountants, industrial engineers, appraisers, and other experts without regard to "the Classification Act of 1923", were omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and considered to mean the 1949 Act, it did not have the effect of continuing the exceptions contained in this sentence because of section 1106(b) which provided that the application of the 1949 Act to any position, officer, or employee shall not be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5 into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. -MISC1- AMENDMENTS 1966 - Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which provided for the appointment, pay, and term of the Director of Contract Settlement. This office was abolished previously by Reorg. Plan No. 1 of 1947. 1949 - Subsec. (d). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923". REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Subsec. (a), establishing the Office of Contract Settlement to be headed by the Director of Contract Settlement and providing for the appointment of the Director by the President with the advice and consent of the Senate with compensation of $12,000 per year and a term of two years, was repealed, and references in the remainder of this section to "Director" were changed to "Secretary" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947. Reorg. Plan No. 1 of 1947 is set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -End- -CITE- 41 USC Sec. 105 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 105. Contract Settlement Advisory Board; composition; duties -STATUTE- There is created a Contract Settlement Advisory Board, with which the Administrator of General Services shall advise and consult. The Board shall be composed of the Administrator of General Services who shall act as its Chairman, and of the Secretary of the Army, the Secretary of the Navy, the Secretary of Transportation, the Secretary of State, the chairman of the board of directors of the Reconstruction Finance Corporation, Secretary of Commerce, and the Attorney General or any alternate or representative designated by any of them. The Administrator of General Services shall request other Government agencies to participate in the deliberations of the Board whenever matters specially affecting them are under consideration. -SOURCE- (July 1, 1944, ch. 358, Sec. 5, 58 Stat. 651; Ex. Ord. No. 9630, Sec. 1, eff. Sept. 27, 1945, 10 F.R. 12245; Ex. Ord. No. 9638, Sec. 1, eff. Oct. 4, 1945, 10 F.R. 12591; Ex. Ord. No. 9665, Sec. 2, eff. Dec. 27, 1945, 10 F.R. 15365; Ex. Ord. No. 9730, Sec. 1, eff. May 27, 1946, 11 F.R. 5777; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, Secs. 101, 203, eff. Apr. 23, 1947, 12 F.R. 2645; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; Pub. L. 97-31, Sec. 12(17), Aug. 6, 1981, 95 Stat. 154.) -MISC1- AMENDMENTS 1981 - Pub. L. 97-31 substituted "Secretary of Transportation" for "Chairman of the Maritime Commission". -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 Contract Settlement Advisory Board and all its property, records, etc., transferred to General Services Administration, but with the functions of the Board to be performed by the Board under conditions and limitations prescribed by law, by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Contract Settlement Advisory Board transferred to Department of the Treasury by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947. Reorg. Plan No. 1 of 1947 is set out in the Appendix to Title 5, Government Organization and Employees. In text of this section, references to "Director" changed to "Secretary of the Treasury" and phrase "the Secretary of the Treasury" following reference to Secretary of the Navy was omitted by section 8 of Ex. Ord. No. 9809, and section 201 of Reorg. Plan No. 1 of 1947. Administrator of Foreign Economic Administration changed to Secretary of State in view of Ex. Ord. No. 9630, as amended by Ex. Ord. No. 9730. "Secretary of Commerce" substituted for references to Chairman of War Production Board and chairman and board of directors of Smaller War Plants Corporation. War Production Board functions transferred to Civilian Production Administration, to Office of Temporary Controls, and then to Secretary of Commerce by Ex. Ord. Nos. 9638, 9809, and 9481, respectively. Functions of chairman and Board of Directors of Smaller War Plants Corporation transferred to Secretary of Commerce by Ex. Ord. No. 9665. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. SECRETARY OF THE AIR FORCE For transfer of certain procurement and related functions and property, insofar as they pertain to the Air Force, from Secretary of the Army and Department of the Army, to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 6, eff. Jan. 15, 1948. ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Reorg. Plan No. 1 of 1957, Sec. 6(a), eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees, abolished Reconstruction Finance Corporation. -MISC2- TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 41 USC Sec. 106 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 106. Basis for settlement of termination claims -STATUTE- (a) Priority to private contractors It is the policy of the Government, and it shall be the responsibility of the contracting agencies and the Administrator of General Services to provide war contractors with speedy and fair compensation for the termination of any war contract, in accordance with and subject to the provisions of this chapter, giving priority to contractors whose facilities are privately owned or privately operated. Such fair compensation for the termination of subcontracts shall be based on the same principles as compensation for the termination of prime contracts. (b) Establishment of methods and standards Each contracting agency shall establish methods and standards, suitable to the conditions of various war contractors, for determining fair compensation for the termination of war contracts on the basis of actual, standard, average, or estimated costs, or of a percentage of the contract price based on the estimated percentage of completion of work under the terminated contract, or on any other equitable basis, as it deems appropriate. To the extent that such methods and standards require accounting, they shall be adapted, so far as practicable, to the accounting systems used by war contractors, if consistent with recognized commercial accounting practice. (c) Conclusiveness of settlement Any contracting agency may settle all or any part of any termination claim under any war contract by agreement with the war contractor, or by determination of the amount due on the claim or part thereof without such agreement, or by any combination of these methods. Where any such settlement is made by agreement, the settlement shall be final and conclusive, except (1) to the extent otherwise agreed in the settlement; (2) for fraud; (3) upon renegotiation to eliminate excessive profits under section 1191 of Appendix to title 50, unless exempt or exempted under such section; or (4) by mutual agreement before or after payment. Where any such settlement is made by determination without agreement, it shall likewise be final and conclusive, subject to the same exceptions as if made by agreement, unless the war contractor appeals or brings suit in accordance with section 113 of this title: Provided, That no settlement agreement hereunder involving payment to a war contractor of an amount in excess of $50,000 (or such lesser amount as the Administrator of General Services may from time to time determine) shall become binding upon the Government until the agreement has been reviewed and approved by a settlement review board of three or more members established by the contracting agency in the bureau, division, regional or district office, or other unit of the contracting agency authorized to make such settlement, or in the event of disapproval by the settlement review board, unless approved by the head of such bureau, division, regional or district office, or other unit. Failure of the settlement review board to act upon any settlement within thirty days after its submission to the board shall operate as approval by the board. The sole function of settlement review boards shall be to determine the over-all reasonableness of proposed settlement agreements from the point of view of protecting the interests of the Government. In determining, for purposes of this subsection, whether review of any settlement agreement is required because of the amounts involved, no deduction shall be made on account of credits for property chargeable to the Government or for advance or partial payments, but amounts payable under such settlement agreement for completed articles or work at the contract price and for the discharge of the termination claims of subcontractors shall be deducted. (d) Allowable costs Except as hereinafter provided, the methods and standards established under subsection (b) of this section for determining fair compensation for termination claims which are not settled by agreement shall be designed to compensate the war contractor fairly for the termination of the war contract, taking into account - (1) the direct and indirect manufacturing, selling and distribution, administrative and other costs and expenses incurred by the war contractor which are reasonably necessary for the performance of the war contract and properly allocable to the terminated portion thereof under recognized commercial accounting practices; and (2) reasonable costs and expenses of settling termination claims of subcontractors related to the terminated portion of the war contract; and (3) reasonable accounting, legal, clerical, and other costs and expenses incident to termination and settlement of the terminated war contract; and (4) reasonable costs and expenses of removing, preserving, storing and disposing of termination inventories; and (5) such allowance for profit on the preparations made and work done for the terminated portion of the war contract as is reasonable under the circumstances; and (6) interest on the termination claim in accordance with subsection (f) of this section; and (7) the contract price and all amounts otherwise paid or payable under the contract. The following shall not be included as elements of cost: (i) Losses on other contracts, or from sales or exchanges of capital assets, fees and other expenses in connection with reorganization or recapitalization, antitrust or Federal income- tax litigation, or prosecution of Federal income-tax claims or other claims against the Government (except as provided in paragraph (3) of this subsection); losses on investments; provisions for contingencies; and premiums on life insurance where the contractor is the beneficiary. (ii) The expense of conversion of the contractor's facilities to uses other than the performance of the contract. (iii) Expenses due to the negligence or willful failure of the contractor to discontinue with reasonable promptness the incurring of expenses after the effective date of the termination notice. (iv) Costs incurred in respect to facilities, materials, or services purchased or work done in excess of the reasonable quantitative requirements of the entire contract. The failure specifically to mention in this subsection any item of cost is not intended to imply that it should be allowed or disallowed. The Administrator of General Services may interpret the provisions of this subsection and may provide for the inclusion or exclusion of other costs in accordance with recognized commercial accounting practice. Where the small size of claims or the nature of production or performance or other factors make it impracticable to apply the principles stated in this subsection to any class of settlements which are subject to this subsection, the contracting agencies may establish alternative methods and standards for determining fair compensation for that class of termination claims. The aggregate amount of compensation allowed in accordance with this subsection (excluding amounts allowed under paragraphs (3) and (4) of this subsection) shall not exceed the total contract price reduced by the amount of payments otherwise made or to be made under the contract. (e) Settlement by agreement In order to carry out the objectives of this chapter, termination claims shall be settled by agreement to the maximum extent feasible and the methods and standards established under subsection (b) of this section shall be designed to facilitate such settlements. To the extent that he deems it practicable to do so without impeding expeditious settlements, the Administrator of General Services shall require the contracting agencies to take into account the factors enumerated in subsection (d) of this section in establishing methods and standards for determining fair compensation in the settlement of termination claims by agreement. (f) Interest Each contracting agency shall allow and pay interest on the amount due and unpaid from time to time on any termination claim under a prime contract at the rate of 2 1/2 per centum per annum for the period beginning thirty days after the date fixed for termination and ending with the date of final payment, except that (1) if the prime contractor unreasonably delays the settlement of his claim, interest shall not accrue for the period of such delay, (2) if interest for the period after termination on any advance payment or loan, made or guaranteed by the Government, has been waived for the benefit of the contractor, the amount of the interest so waived allocable to the terminated contract or the terminated part of the contract shall be deducted from the interest otherwise payable hereunder, and (3) if after delivery of findings by a contracting agency, the contractor appeals or sues as provided in section 113 of this title, interest shall not accrue after the thirtieth day following the delivery of the findings on any amount allowed by such findings, unless such amount is increased upon such appeal or suit. In approving, ratifying, authorizing, or making termination settlements with subcontractors, each contracting agency shall allow interest on the termination claim of the subcontractor on the same basis and subject to the same conditions as are applicable to a prime contractor. (g) Amendment of contracts Where any war contract does not provide for or provides against such fair compensation for its termination, the contracting agency, either before or after its termination, shall amend such war contract by agreement with the war contractor, or shall authorize, approve, or ratify an amendment of such war contract by the parties thereto, to provide for such fair compensation. -SOURCE- (July 1, 1944, ch. 358, Sec. 6, 58 Stat. 652; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT Section 1191 of the Appendix to title 50, referred to in subsec. (c), was omitted from the Code. See note set out under section 1191 of Title 50, Appendix, War and National Defense. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947. Reorg. Plan No. 1 of 1947 is set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -MISC1- APPLICATION TO TERMINATED WAR CONTRACTS For application of this section to war contracts terminated at or before July 21, 1944, see section 124 of this title. SETTLEMENT OF CLAIMS FOR WAR CONTRACT LOSSES INCURRED BETWEEN SEPTEMBER 16, 1940, AND AUGUST 14, 1945 Act Aug. 7, 1946, ch. 864, 60 Stat. 902, as amended by June 25, 1948, ch. 646, Sec. 37, 62 Stat. 992; Aug. 30, 1954, ch. 1076, Sec. 1(2), 68 Stat. 966, provided that if work, supplies, or services were provided for any department or agency of the Government, under a contract or subcontract, between Sept. 16, 1940, and Aug. 14, 1945, and a loss was incurred by the contractors or subcontractors without fault or negligence on their part, then those departments or agencies were authorized to adjust and settle these losses on a fair and equitable basis, if claims were filed within six months after Aug. 7, 1946, and granted claimants dissatisfied with the settlement the right of judicial review. -End- -CITE- 41 USC Sec. 107 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 107. Settlement of subcontractors' claims -STATUTE- (a) Conclusiveness of settlement Where, in connection with the settlement of any termination claim by a contracting agency, any war contractor makes settlements of the termination claims of his subcontractors, the contracting agency shall limit or omit its review of such settlements with subcontractors to the maximum extent compatible with the public interest. Any contracting agency (1) may approve, ratify, or authorize such settlements with subcontractors upon such evidence, terms, and conditions as it deems proper; (2) shall vary the scope and intensity of its review of such settlements according to the reliability of the war contractor, the size, number, and complexity of such claims, and other relevant factors; and (3) shall authorize war contractors to make such settlements with subcontractors without review by the contracting agency, whenever the reliability of the war contractor, the amount or nature of the claims, or other reasons appear to the contracting agency to justify such action. Any such settlement of a subcontract approved, ratified, or authorized by a contracting agency shall be final and conclusive as to the amount due to the same extent as a settlement under subsection (c) of section 106 of this title, and no war contractor shall be liable to the United States on account of any amounts paid thereon except for his own fraud. (b) Supervision of payments to war contractors Whenever any contracting agency is satisfied of the inability of a war contractor to meet his obligations it shall exercise supervision or control over payments to the war contractor on account of termination claims of subcontractors of such war contractor to such extent and in such manner as it deems necessary or desirable for the purpose of assuring the receipt of the benefit of such payments by the subcontractors. (c) Group settlements The Administrator of General Services shall prescribe policies and methods for the settlement as a group, or otherwise, by any contracting agency of some or all of the termination claims of a war contractor under war contracts with one or more (1) bureaus or divisions within a contracting agency, (2) contracting agencies, or (3) prime contractors and subcontractors, to the extent he deems such action necessary or desirable for expeditious and equitable settlement of such claims. After consulting with the contracting agencies concerned, the Administrator of General Services may provide for assigning any war contractor to a contracting agency for such settlement, and such agency shall have authority to settle, on behalf of any other contracting agency, some or all of the termination claims of such war contractor. (d) Direct settlement by contracting agency Any contracting agency may settle directly termination claims of subcontractors to the extent that it deems such action necessary or desirable for the expeditious and equitable settlement of such claims. In making such termination settlements any contracting agency may discharge the claim of the subcontractor by payment or may purchase such claim, and may agree to assume, or indemnify the subcontractor against, any claims by any person in connection with such claim or the termination settlement. Any contracting agency undertaking to settle the termination claim of any subcontractor shall deliver to the subcontractor and the war contractor liable to him written notice stating its acceptance of responsibility for settling his claim and the conditions applicable thereto, which may include the release, or assignment to the contracting agency, of his claim against the war contractor liable to him; upon consent thereto by the subcontractor, the Government shall become liable for the settlement of his claims upon the conditions specified in the notice. (e) Amount of settlement Any contracting agency may make settlements with subcontractors in accordance with any of the provisions of this chapter without regard to any limitation on the amount payable by the Government to the prime contractor. (f) Equitable payments If any contracting agency determines that in the circumstances of a particular case equity and good conscience require fair compensation for the termination of a war contract to be paid to a subcontractor who has been deprived of and cannot otherwise reasonably secure such fair compensation, the contracting agency concerned may pay such compensation to him although such compensation already has been included and paid as part of a settlement with another war contractor. -SOURCE- (July 1, 1944, ch. 358, Sec. 7, 58 Stat. 654; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947. Reorg. Plan No. 1 of 1947 is set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -MISC1- APPLICATION TO TERMINATED WAR CONTRACTS For application of this section to war contracts terminated at or before July 21, 1944, see section 124 of this title. -End- -CITE- 41 USC Sec. 108 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 108. Interim financing -STATUTE- (a) Prime contractors It is the policy of the Government, and it shall be the responsibility of the contracting agencies and the Administrator of General Services, in accordance with and subject to the provisions of this chapter, to provide war contractors having any termination claim or claims, pending their settlement, with adequate interim financing, within thirty days after proper application therefor. (b) Method of financing; amounts payable Each contracting agency shall, to the greatest extent it deems practicable, make available interim financing through loans and discounts, and commitments and guaranties in connection therewith, in contemplation of or related to termination of war contracts. Where interim financing is made by advance payments or partial payments, it shall, insofar as practicable, consist of the following: (1) An amount equal to 100 per centum of the amount payable, at the contract price, on account of acceptable items completed prior to the termination date under the terms of the contract, or completed thereafter with the approval of the contracting agency; plus (2) An amount equal to 90 per centum of the cost of raw materials, purchased parts, supplies, direct labor, and manufacturing overhead allocable to the terminated portion of the war contract; plus (3) A reasonable percentage of other allowable costs, including administrative overhead, allocable to the terminated portion of the war contract not included in the foregoing; plus (4) Such additional amounts, if any, as the contracting agency deems necessary to provide the war contractor with adequate interim financing. (5) In lieu of the costs referred to in clauses (2) and (3) of this subsection, where a detailed ascertainment of such costs is not suitable to the conditions of any war contractor and is apt to cause delay in the obtaining of interim financing by him, that portion of such interim financing shall be equal to an amount not greater than 90 per centum of the estimated costs which are allocable to the terminated part or parts of the war contract or group of war contracts, and are ascertained in accordance with such methods and standards as the Administrator of General Services shall prescribe. (6) There shall be deducted from the amount of such interim financing any unliquidated balances of advance and partial payments theretofore made to such war contractor, which are allocable to the terminated war contract or the terminated part of the war contract. (c) Evidence to support financing The Administrator of General Services shall prescribe (1) the types of estimates, certificates, or other evidence to be required to support such interim financing; (2) the terms and conditions upon which such interim financing shall be made including the use of standard forms for agreements with respect to such interim financing to the extent practicable; (3) the classes of cases in which such interim financing shall be refused; and (4) such methods of supervision and control over such interim financing as he deems necessary or desirable to assure adequate and speedy interim financing to subcontractors of the war contractor. (d) Penalty for overstatement of claims In case of an overstatement by any war contractor of the amount due on his termination claim or claims in connection with any interim financing under this chapter, such contractor shall pay to the United States, as a penalty, an amount equal to 6 per centum of the amount of the overstatement, but the Administrator of General Services may suspend or modify any such penalty if in his opinion the imposition thereof would be inequitable. Any penalty may be deducted from any amounts due the war contractor upon such termination claim or claims, or otherwise, or may be collected from the war contractor by suit. The obligation to pay any penalty imposed and to repay any interim financing made or assumed by the United States under this chapter shall constitute a debt due to the United States within the meaning of section 3713(a) of title 31. (e) Advance payments as part of termination settlement Any contracting agency may allow any advance payments, previously made or authorized by it in connection with the performance of a war contract, to be used for payments and expenses related to the termination settlement of such contract, upon such terms and conditions as it deems necessary or appropriate to protect the interest of the Government. (f) Liquidation of loans, etc., prior to final settlement No interim financing shall be made by any contracting agency under this chapter unless the terms of such financing provide for the liquidation by the war contractor of all loans, discounts, advance payments, or partial payments thereunder not later than the time of final payment of the amount due on the settlement of the termination claim or claims of the war contractor involved or such time thereafter as the contracting agency deems necessary for the liquidation of such interim financing in an orderly manner. (g) Settlement of claims; validation of prior financing Any contracting agency may settle, upon such terms and conditions as it deems proper, any claim or obligation due by or to the Government arising from or related to any interim financing made, acquired, or authorized by it. Any interim financing made, acquired, or authorized by any contracting agency before July 21, 1944, shall be valid to the extent it would be authorized under the provisions of this chapter if made after its effective date. -SOURCE- (July 1, 1944, ch. 358, Sec. 8, 58 Stat. 655; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -COD- CODIFICATION In subsec. (d), "section 3713(a) of title 31" substituted for "Revised Statutes, section 3466 (31 U.S.C., sec. 191)" 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. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -MISC1- APPLICATION TO TERMINATED WAR CONTRACTS For application of this section to war contracts terminated at or before July 21, 1944, see section 124 of this title. -End- -CITE- 41 USC Sec. 109 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 109. Advance or partial payments to subcontractors; excessive payments, interest, liability of war contractor -STATUTE- (a) Any contracting agency may make advance or partial payments to any war contractor on account of any termination claim or claims, and may authorize, approve, or ratify any such advance or partial payments by any war contractor to his subcontractors, upon such conditions as it deems necessary to insure compliance with the provisions of subsection (b) of this section. Each contracting agency shall make final payments from time to time on partial settlements or on settlements fixing a minimum amount due before complete settlement, or as tentative payments before any settlement of the claim or claims. (b) Where any such advance or partial payment is made to any war contractor by any contracting agency or by another war contractor under this section, except a final payment on a partial settlement, any amount in excess of the amount finally determined to be due on the termination claim shall be treated as a loan from the Government to the war contractor receiving it, and shall be payable upon demand together with a penalty computed at the rate of 6 per centum per annum, for the period from the date such excess advance or partial payment is received to the date on which such excess is repaid or extinguished. Where the advance or partial payment was made by a war contractor and authorized, approved, or ratified by any contracting agency, the war contractor making it shall not be liable for any such excess payment in the absence of fraud on his part and shall receive payment or credit from the Government for the amount of such excess payment. -SOURCE- (July 1, 1944, ch. 358, Sec. 9, 58 Stat. 657.) -MISC1- APPLICATION TO TERMINATED WAR CONTRACTS For application of this section to war contracts terminated at or before July 21, 1944, see section 124 of this title. -End- -CITE- 41 USC Sec. 110 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 110. Guarantee of loans, advances, etc. -STATUTE- (a) By contract Any contracting agency is authorized - (1) to enter into contracts with any Federal Reserve bank, or other public or private financing institution, guaranteeing such financing institution against loss of principal or interest on loans, discounts, or advances or on commitments in connection therewith, which such financing institution may make to any war contractor or to any person who is or has been engaged in performing any operation deemed by such contracting agency to be connected with or related to war production, for the purpose of financing such war contractor or other person in connection with or in contemplation of the termination of one or more such war contracts or operations; and (2) to make, enter into contracts to make, or to participate with any Government agency, any Federal Reserve bank or public or private financing institution in making loans, discounts, or advances, or commitments in connection therewith, for the purpose of financing any such war contractor or other person in connection with or in contemplation of the termination of such war contracts or operations. (b) By assignment Any such loan, discount, advance, guaranty, or commitment in connection therewith may be secured by assignment of, or covenants to assign, some or all of the rights of such war contractor or other person in connection with the termination of such war contracts or operations, or in such other manner as the contracting agency may prescribe. (c) Federal Reserve bank as fiscal agent Subject to such regulations as the Board of Governors of the Federal Reserve System may prescribe with the approval of the Administrator of General Services, any Federal Reserve bank is authorized to act, on behalf of the contracting agencies, as fiscal agent of the United States in carrying out the purposes of this chapter. (d) Application of other laws This section shall not limit or affect any authority of any contracting agency, under any other statute, to make loans, discounts, or advances, or commitments in connection therewith or guaranties thereof. -SOURCE- (July 1, 1944, ch. 358, Sec. 10, 58 Stat. 657; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of 1946 Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -MISC1- APPLICATION TO TERMINATED WAR CONTRACTS For application of this section to war contracts terminated at or before July 21, 1944, see section 124 of this title. -End- -CITE- 41 USC Sec. 111 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 111. Termination of contracts -STATUTE- (a) Advance notice; prime contracts In order to facilitate the efficient use of materials, manpower, and facilities for war and civilian purposes, each contracting agency - (1) shall provide its prime contractors with notice of termination of their prime contracts as far in advance of the cessation of work thereunder as is feasible and consistent with the national security without permitting unneeded production or performance; (2) shall establish procedures whereby prime contractors shall provide affected subcontractors with immediate notice of termination; and (3) shall permit the continuation of some or all of the work under a terminated prime contract whenever the agency deems that such continuation will benefit the Government or is necessary to avoid substantial injury to the plant or property. (b) Cessation of work without termination Whenever a contracting agency hereafter directs a prime contractor to cease or suspend all or a substantial part of the work under a prime contract, without terminating the contract, then, unless the contract provides otherwise, (1) the contracting agency shall compensate the contractor for reasonable costs and expenses resulting from such cessation or suspension, and (2) if the cessation or suspension extends for thirty days or more, the contractor may elect to treat it as a termination by delivering written notice of his election so to do to the contracting agency, at any time before the contracting agency directs the prime contractor to resume work under the contract. (c) Authority of Administrator of General Services; classes of contracts The Administrator of General Services shall have no authority under this chapter to regulate or control the classes of contracts to be terminated by the contracting agencies. -SOURCE- (July 1, 1944, ch. 358, Sec. 11, 58 Stat. 658; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -End- -CITE- 41 USC Sec. 112 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 112. Removal and storage of materials -STATUTE- (a) Termination inventory It is the policy of the Government, upon the termination of any war contract, to assure the expeditious removal from the plant of the war contractor of the termination inventory not to be retained or sold by the war contractor. (b) Statement on material of inventory Any war contractor may submit to the contracting agency concerned or to any other Government agency designated by the Administrator of General Services, one or more statements showing the materials which such war contractor claims to be termination inventory under one or more war contracts and desires to have removed by the Government. Such statements shall be prepared in such form and detail, shall be submitted in such manner, through the prime contractor or otherwise, and shall be supported by such certificates or other data, as may be prescribed under this chapter. (c) Removal and storage by Government agency Within sixty days after the submission of any such statement by a war contractor, or such shorter period as may be prescribed under this chapter, or within such longer period as the war contractor may agree, the Government agency concerned (1) shall arrange, upon such terms and conditions as may be agreed, for the storage by the war contractor on his own premises or elsewhere of all such claimed termination inventory which the war contractor does not retain or dispose of, except any part which may be determined not to be allocable to the terminated war contract or contracts, or (2) shall remove from the plant or plants of the war contractor all of such claimed termination inventory not retained, disposed of, or stored by the war contractor or determined not to be allocable to the terminated war contract or contracts. (d) Removal and storage by war contractor Upon the failure of the Government so to arrange for storage by the war contractor or to remove any termination inventory within the period specified under subsection (c) of this section, the war contractor, subject to regulations prescribed under this chapter, may remove some or all of such termination inventory from his plant or plants and may store it on his own premises or elsewhere for the account and at the risk and expense of the Government, using reasonable care for its transportation and preservation. If any war contractor intends so to remove any claimed termination inventory, he shall deliver to the Government agency concerned written notice of the date fixed for removal and a statement showing the quantities and condition of the materials so to be removed, certified on behalf of the war contractor to have been prepared in accordance with a concurrent physical inventory of such materials. Such notice and statement shall be delivered at least twenty days in advance of the date fixed for removal and may be delivered before or after the expiration of the period specified under subsection (c) of this section. If the Government agency fails to check such materials, at or before the time of their removal by the war contractor, a certificate of the war contractor specifying the materials shown on such statement which were so removed, and filed with the Government agency concerned within thirty days after the date fixed for removal, shall constitute prima facie evidence against the United States as to the quantities and condition of the materials so removed, and the fact of their removal. (e) Acquisition by Government agency of inventory material; liability Notwithstanding any other provisions of law, but subject to subsection (h) of this section, the contracting agency concerned or the Administrator of General Services, or any Government agency designated by him, on behalf of the United States, may, by the exercise of any contract rights or otherwise, acquire and take possession of any termination inventory of any war contractor, and any materials removed by the Government or stored for its account under subsections (c) and (d) of this section, whether or not such materials are finally determined not to constitute termination inventory. With respect to any such materials, the Government shall be liable to any war contractor concerned only for their return to such war contractor or for their disposal value at the time of their removal or for the proceeds realized by the Government from their disposal, at the election of the Government agency concerned, unless the Government agency and the war contractor agree or have agreed on a different basis. Any amount so paid or payable to a war contractor for materials allocable to a terminated war contract shall be credited against the termination claim under such contract but shall not otherwise affect the amount due on the claim, unless the Government agency concerned and the war contractor agree or have agreed otherwise. Any materials to which the Administrator of General Services takes title under this section shall be delivered for disposal to any appropriate Government agency authorized to make such disposal. (f) Postponement or delay of termination settlement No contracting agency shall postpone or delay any termination settlement beyond the period specified in subsection (c) of this section for the purpose of awaiting disposal by the war contractor or the Government of any termination inventory reported in accordance with subsection (b) of this section. (g) Government-owned machinery Whenever any war contractor no longer requires, for the performance of any war contract, any Government-owned machinery, tools, or equipment installed in his plant for the performance of one or more war contracts, the Government agency concerned, upon written demand by the war contractor, and within sixty days after such demand or such other period as may be prescribed under this chapter, and upon such conditions as may be so prescribed, shall remove or provide for the removal of such machinery, tools, or equipment from such plant, unless the Government agency concerned and the war contractor, by facilities contract or otherwise, have made or make other provisions for the retention, storage, maintenance, or disposition of such machinery, tools or equipment. The Government agency concerned may waive or release on behalf of the United States any obligation of the war contractor with respect to such machinery, tools, or equipment upon such terms and conditions as the agency deems appropriate. Upon the failure of the Government so to remove or provide for removal of any such machinery, tools, or equipment, the war contractor, subject to regulations prescribed under this chapter, may remove all or part of such machinery, tools, or equipment from his plant and may store it on his own premises or elsewhere, for the account and at the risk and expense of the Government, using reasonable care for its transportation and preservation. (h) Limitation on Government acquisition of inventories Nothing in this chapter shall limit or affect the authority of the Department of the Army, Department of the Air Force, Navy Department, or the Department of Transportation, respectively, to take over any termination inventories and to retain them for their use for any purpose or to dispose of such termination inventories for the purpose of war production, or to authorize any war contractor to retain or dispose of such termination inventories for the purpose of war production. (i) Removal and storage by war contractor at own risk Nothing in this section shall be construed to prevent the removal and storage of any termination inventory by any war contractor, at his own risk, at any time after termination of any war contract to which it is allocable. -SOURCE- (July 1, 1944, ch. 358, Sec. 12, 58 Stat. 658; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; July 26, 1947, ch. 343, title II, Secs. 205(a), 207(a), (f), 61 Stat. 501- 503; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; Pub. L. 97-31, Sec. 12(18), Aug. 6, 1981, 95 Stat. 154.) -MISC1- AMENDMENTS 1981 - Subsec. (h). Pub. L. 97-31 substituted "the Department of Transportation" for "Maritime Commission". -CHANGE- CHANGE OF NAME Department of the Air Force inserted under the authority of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, 503, and Secretary of Defense Transfer Order No. 6, eff. Jan. 15, 1948. 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 such act July 26, 1947. Sections 205(a) and 207(a), (f) of act July 26, 1947, were 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 and 8010 to 8013 continued Departments of the Army and Air Force under administrative supervision of Secretary of the Army and Secretary of the Air Force, respectively. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -MISC2- APPLICATION TO TERMINATED WAR CONTRACTS For application of subsecs. (b) to (e) of this section to war contracts terminated at or before July 21, 1944, see section 124 of this title. -End- -CITE- 41 USC Sec. 113 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 113. Appeals -STATUTE- (a) Failure to settle claims by agreement; preparation of findings; notice to war contractor Whenever the contracting agency responsible for settling any termination claim has not settled the claim by agreement or has so settled only a part of the claim, (1) the contracting agency at any time may determine the amount due on such claim or such unsettled part, and prepare written findings indicating the basis of the determination, and deliver a copy of such findings to the war contractor, or (2) if the termination claim has been submitted in the manner and substantially the form prescribed under this chapter, the contracting agency, upon written demand by the war contractor for such findings, shall determine the amount due on the claim or unsettled part and prepare and deliver such findings to the war contractor within ninety days after the receipt by the agency of such demand. In preparing such findings, the contracting agency may require the war contractor to furnish such information and to submit to such audits as may be reasonably necessary for that purpose. Within thirty days after the delivery of any such findings, the contracting agency shall pay to the war contractor at least 90 per centum of the amount thereby determined to be due, after deducting the amount of any outstanding interim financing applicable thereto. (b) Rights of war contractor Whenever any war contractor is aggrieved by the findings of a contracting agency on his claim or part thereof or by its failure to make such findings in accordance with subsection (a) of this section, he may bring suit against the United States for such claim or such part thereof, in the United States Court of Federal Claims or in a United States district court, in accordance with sections 1346, 2401, and 2402 of title 28, except that, if the contracting agency is the Reconstruction Finance Corporation, or any corporation organized pursuant to the Reconstruction Finance Corporation Act, or any corporation owned or controlled by the United States, the suit shall be brought against such corporation in any court of competent jurisdiction in accordance with existing law. (c) Procedure Any proceeding under subsection (b) of this section shall be governed by the following conditions: (1) When any contracting agency provides a procedure within the agency for protest against such findings or for other appeal therefrom by the war contractor, the war contractor, before proceeding under subsection (b) of this section, (i) in his discretion may resort to such procedure within the time specified in his contract or, if no time is specified, within thirty days after the delivery to him of the findings; and (ii) shall resort to such procedure for protest or other appeal to the extent required by the Administrator of General Services, but failure of the contracting agency to act on any such required protest or appeal within thirty days shall operate as a refusal by the agency to modify its findings. Any revision of the findings by the contracting agency, upon protest or appeal within the agency, shall be treated as the findings of the agency for the purpose of appeal or suit under subsection (b) of this section. Notwithstanding any contrary provision in any war contract, no war contractor shall be required to protest or appeal from such findings within the contracting agency except in accordance with this paragraph. (2) A war contractor may initiate proceedings in accordance with subsection (b) of this section (i) within ninety days after delivery to him of the findings by the contracting agency, or (ii) in case of protests or appeal within the agency, within ninety days after the determination of such protest or appeal, or (iii) in case of failure to deliver such findings, within one year after his demand therefor. If he does not initiate such proceedings within the time specified, he shall be precluded thereafter from initiating any proceedings in accordance with subsection (b) of this section, and the findings of the contracting agency shall be final and conclusive, or if no findings were made, he shall be deemed to have waived such termination claim. (3) Notwithstanding any contrary provision in any war contract, the court shall not be bound by the findings of the contracting agency, but shall treat such findings as prima facie correct, and the burden shall be on the war contractor to establish that the amount due on his claim or part thereof exceeds the amount allowed by the findings of the contracting agency. Whenever the court finds that the war contractor failed to negotiate in good faith with the contracting agency for the settlement of his claim or part thereof before appeal or suit thereon, or failed to furnish to the agency any information reasonably requested by it regarding his termination claim or part thereof, or failed to prosecute diligently any protest or appeal required to be taken under subsection (c)(1)(ii) of this section, the court (i) may refuse to receive in evidence any information not submitted to the contracting agency; (ii) may deny interest on the claim or part thereof for such period as it deems proper; or (iii) may remand the case to the contracting agency for further proceedings upon such terms as the court may prescribe. Unless the case is remanded, the court shall enter the appropriate award or judgment on the basis of the law and facts, and may increase or decrease the amount allowed by the findings of the contracting agency. (4) Any such proceedings shall not affect the authority of the contracting agency concerned to make a settlement of the termination claim, or any part thereof, by agreement with the war contractor at any time before such proceedings are concluded. (d) Omitted (e) Arbitration The contracting agency responsible for settling any claim and the war contractor asserting the claim, by agreement, may submit all or any part of the termination claim to arbitration, without regard to the amount in dispute. Such arbitration proceedings shall be governed by the provisions of United States Arbitration Act to the same extent as if authorized by an effective agreement in writing between the Government and the war contractor. Any such arbitration award shall be final and conclusive upon the United States to the same extent as a settlement under subsection (c) of section 106 of this title, but shall not be subject to approval by any settlement review board. (f) Conclusiveness of decisions Whenever any dispute exists between any war contractor and a subcontractor regarding any termination claim, either of them, by agreement with the other, may submit the dispute to a contracting agency for mediation or arbitration whenever authorized by the agency or required by the Administrator of General Services. Any award or decision in such proceedings shall be final and conclusive as to the parties so submitting any such dispute and shall not be questioned by the United States in settling any related claim, in the absence of fraud or collusion. -SOURCE- (July 1, 1944, ch. 358, Sec. 13, 58 Stat. 660; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; July 14, 1952, ch. 739, 66 Stat. 627; Pub. L. 97-164, title I, Sec. 160(a)(14), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) -REFTEXT- REFERENCES IN TEXT The Reconstruction Finance Corporation Act, referred to in subsec. (b), is act Jan. 22, 1932, ch. 8, 47 Stat. 5, as amended, which was classified to chapter 14 (Sec. 601 et seq.) of Title 15, Commerce and Trade, and has been eliminated from the Code. For complete classification of this Act prior to its elimination from the Code, see Tables. United States Arbitration Act, referred to in subsec. (e), is classified generally to Title 9, Arbitration. -COD- CODIFICATION In subsec. (b), "sections 1346, 2401, and 2402 of title 28" substituted for "subsection (20) of section 41 of title 28" on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. Subsec. (d), which provided for appointment and duties of an Appeal Board, was omitted on authority of act July 14, 1952, ch. 739, 66 Stat. 627, set out as a note below, which abolished the Appeal Board and terminated all appeals, effective nine months after July 14, 1952. References in other subsections of this section to the Appeal Board were omitted in view of act July 14, 1952. As a result of these omissions, cl. (1) of subsec. (b), which authorized a war contractor to appeal to the Appeal Board, was deleted, and cl. (2), which permitted suits against the United States, became a part of subsec. (b) without numerical designation. -MISC1- AMENDMENTS 1992 - Subsec. (b). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court". 1982 - Subsec. (b). Pub. L. 97-164 substituted "United States Claims Court" for "Court of Claims". EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. ABOLITION OF RECONSTRUCTION FINANCE CORPORATION Reorg. Plan No. 1 of 1957, Sec. 6(a), eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees, abolished Reconstruction Finance Corporation. -MISC2- ABOLITION OF APPEALS BOARD; TERMINATION OF APPEALS; NO FURTHER APPEALS ACCEPTED; RETURN OF ERRONEOUS FILED APPEALS Act July 14, 1952, ch. 739, 66 Stat. 627, provided: "That the Appeal Board established under section 13(d) of the Contract Settlement Act of 1944 [41 U.S.C. 113(d)] is hereby abolished: Provided, however, That said abolition shall not become effective until six months after the enactment of this Act [July 14, 1952] or such later date, nor more than nine months after the enactment of this Act, as may be fixed by written order of the Director of Contract Settlement published in the Federal Register. Such an order shall be made only in case the Director finds that it is impracticable for the Appeal Board to dispose of its pending business before the date fixed for abolition of the Board by this Act or a previous order of the Director. No such order shall be made less than thirty days prior to the date theretofore fixed for abolition of the Appeal Board. "Sec. 2. (a) Upon the effective date of the abolition of the Appeal Board all appeals and disputes pending therein shall be terminated without prejudice and the right of the parties to pursue such other remedies as are provided by law shall not be affected thereby. "(b) In any such terminated appeal, timely initiated in the Appeal Board, where the period for pursuit of any other remedy pursuant to section 13(b)(2) of the Contract Settlement Act of 1944 [41 U.S.C. 113(b)(2)] shall have expired or would expire within sixty days after the effective date of the abolition of the Appeal Board, the period within which proceedings may be initiated in accordance with the said section shall be extended to sixty days after said effective date. "(c) Effective thirty days after the enactment of this Act [July 14, 1952] no further appeals or submitted disputes shall be accepted for determination by said Appeal Board. "(d) Where an attempt is erroneously made to file an appeal with the Appeal Board after the time limited therefor by section 1(c) of this Act but prior to the effective date of the abolition of the Appeal Board, said Board shall forthwith return the papers to the person therein named as appellant together with a notice in writing that, pursuant to the terms of section 1(c) of this Act, it can no longer accept such an appeal. Where such an attempt is made in good faith and the appeal would, except for the provisions of section 1(c) of this Act, have been timely and the period for pursuit of any other remedy pursuant to section 13(b)(2) of the Contract Settlement Act of 1944 [41 U.S.C. 113(b)(2)] expires or would expire prior to the expiration of sixty days after the receipt of such notice, the period within which proper proceedings may be initiated in accordance with said section 13(b)(2) shall be extended to sixty days after the receipt of such notice." APPLICATION TO TERMINATED WAR CONTRACTS For application of this section to war contracts terminated at or before July 21, 1944, see section 124 of this title. -End- -CITE- 41 USC Sec. 114 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 114. Court of Federal Claims -STATUTE- (a) Appointment of auditors For the purpose of expediting the adjudication of termination claims, the United States Court of Federal Claims is authorized to appoint not more than ten auditors. (b) Procedure The United States Court of Federal Claims, on motion of either of the parties, or on its own motion, may summon any and all persons with legal capacity to be sued to appear as a party or parties in any suit or proceeding of any nature whatsoever pending in said court to assert and defend their interests, if any, in such suits or proceedings, within such period of time prior to judgment as the United States Court of Federal Claims shall prescribe. If the name and address of any such person is known or can be ascertained by reasonable diligence, and if he resides within the jurisdiction of the United States, he shall be summoned to appear by personal service; but if any such person resides outside of the jurisdiction of the United States, or is unknown, or if for any other good and sufficient reason appearing to the court personal service cannot be had, he may be summoned by publication, under such rules as the court may adopt, together with a copy of the summons mailed by registered mail to such person's last known address. The United States Court of Federal Claims may, upon motion of the Attorney General, in any suit or proceeding where there may be any number of persons having possible interests therein, notify such persons to appear to assert and defend such interests. Upon failure so to appear, any and all claims or interests in claims of any such person against the United States, in respect of the subject matter of such suit or proceeding, shall forever be barred and the court shall have jurisdiction to enter judgment pro confesso upon any claim or contingent claim asserted on behalf of the United States against any person who, having been duly served with summons, fails to respond thereto, to the same extent and with like effect as if such person had appeared and had admitted the truth of all allegations made on behalf of the United States. Upon appearance by any person pursuant to any such summons or notice, the case as to such person shall, for all purposes, be treated as if an independent proceeding has been instituted by such person pursuant to sections 1491, 1496, 1501, 1503, and 2501 of title 28, and as if such independent proceeding had then been consolidated, for purposes of trial and determination, with the case in respect of which the summons or notice was issued, except that the United States shall not be heard upon any counterclaims, claims for damages or other demands whatsoever against such person, other than claims and contingent claims for the recovery of money hereafter paid by the United States in respect of the transaction or matter which constitutes the subject matter of such case, unless and until such person shall assert therein a claim, or an interest in a claim, against the United States, and the United States Court of Federal Claims shall have jurisdiction to adjudicate, as between any and all adverse claimants, their respective several interests in any matter in suit and to award several judgments in accordance therewith. (c) Jurisdiction The jurisdiction of the United States Court of Federal Claims shall not be affected by this chapter except to the extent necessary to give effect to this chapter, and no person shall recover judgment on any claim, or on any interest in any claim, in said court which such person would not have had a right to assert in said court if this section had not been enacted. -SOURCE- (July 1, 1944, ch. 358, Sec. 14, 58 Stat. 663; July 28, 1953, ch. 253, Sec. 5, 67 Stat. 226; Pub. L. 97-164, title I, Sec. 160(a)(14), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) -COD- CODIFICATION In subsec. (b), "sections 1491, 1496, 1501, 1503, and 2501 of title 28" substituted for "section 250 of title 28" on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Procedure. -MISC1- AMENDMENTS 1992 - Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court" wherever appearing. 1982 - Pub. L. 97-164 substituted "United States Claims Court" for "Court of Claims" wherever appearing. 1953 - Subsec. (a). Act July 28, 1953, struck out provisions relating to the appointment of a maximum of twenty commissioners for the purpose of expediting the adjudication of termination claims. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. COMMISSIONERS; TERMINATION OF APPOINTING AUTHORITY Section 4(b) of act July 28, 1953, provided that the authority contained in subsec. (a) of this section respecting the appointment of commissioners "is hereby terminated". SECTION UNAFFECTED BY REVISED TITLE 28 Act June 25, 1948, ch. 646, Sec. 2(d), 62 Stat. 985, provided that nothing in Title 28, Judiciary and Judicial Procedure, should be construed as repealing any of the provisions of this section. -End- -CITE- 41 USC Sec. 115 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 115. Personal financial liability of contracting officers -STATUTE- (a) Whenever any payment is made from Government funds to any war contractor or other person as an advance, partial or final payment on any termination claim, or pursuant to any loan, guaranty, or agreement for the purchase of any loan, or any commitment in connection therewith, entered into by the Government, no officer or other Government agent authorizing or approving such payment or settlement, or certifying the voucher for such payment, or making the payment in accordance with a duly certified voucher, shall be personally liable for such payment, in the absence of fraud on his part. In settling the accounts of any disbursing officer the Government Accountability Office shall allow any such disbursements made by him notwithstanding any other provisions of law. (b) For the purpose of making termination settlements or interim financing any Government agency is authorized to rely upon such certificates of war contractors as it deems proper and to permit war contractors and other persons to rely upon such certificates without financial liability in the absence of fraud on their part. -SOURCE- (July 1, 1944, ch. 358, Sec. 15, 58 Stat. 664; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- AMENDMENTS 2004 - Subsec. (a). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". -End- -CITE- 41 USC Sec. 116 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 116. Repealed. -MISC1- Sec. 116. Repealed. Pub. L. 104-316, title I, Sec. 121(a), Oct. 19, 1996, 110 Stat. 3836. Section, acts July 1, 1944, ch. 358, Sec. 16, 58 Stat. 664; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380, related to functions and jurisdiction of General Accounting Office in reviewing final settlements made by contracting agency, in certifying settlements suspected of being fraudulent to Department of Justice, Administrator of General Services, and contracting agency, and in reporting on efficacy of settlement methods and procedures to Congress. -End- -CITE- 41 USC Sec. 117 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 117. Defective, informal, and quasi contracts -STATUTE- (a) Lack of formalized contract Where any person has arranged to furnish or furnished to a contracting agency or to a war contractor any materials, services, or facilities related to the prosecution of the war, without a formal contract, relying in good faith upon the apparent authority of an officer or agent of a contracting agency, written or oral instructions, or any other request to proceed from a contracting agency, the contracting agency shall pay such person fair compensation therefor. (b) Technical defects or omissions Whenever any formal or technical defect or omission in any prime contract, or in any grant of authority to an officer or agent of a contracting agency who ordered any materials, services, and facilities might invalidate the contract or commitment, the contracting agency (1) shall not take advantage of such defect or omission; (2) shall amend, confirm, or ratify such contract or commitment without consideration in order to cure such defect or omission; and (3) shall make a fair settlement of any obligation thereby created or incurred by such agency, whether expressed or implied, in fact or in law, or in the nature of an implied or quasi contract. (c) Failure to settle Where a contracting agency fails to settle by agreement any claim asserted under this section, the dispute shall be subject to the provisions of section 113 of this title. (d) Formalization of obligations; termination date for filing claims The Administrator of General Services shall require each contracting agency to formalize all such obligations and commitments within such period as the Administrator of General Services deems appropriate. No person shall be entitled to recover compensation, to receive a settlement of any alleged obligation, or to obtain the benefit of any amendment, confirmation, ratification, or formalization of any alleged contract or commitment under the provisions of subsections (a), (b), (c), or (d) of this section, unless such person shall, on or before one hundred and eighty days after June 28, 1954, have filed a claim therefor with the contracting agency. -SOURCE- (July 1, 1944, ch. 358, Sec. 17, 58 Stat. 665; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan. No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; June 28, 1954, ch. 403, Sec. 1, 68 Stat. 300.) -MISC1- AMENDMENTS 1954 - Subsec. (d). Act June 28, 1954, inserted sentence providing a termination date for filing claims. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -MISC2- NONACCRUAL OF LIABILITY Section 2 of act June 28, 1954, provided that no liability should accrue by reason of the enactment of section 1 of that act [amending this section] which would not otherwise have accrued. -End- -CITE- 41 USC Sec. 118 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 118. Administration -STATUTE- (a) Records and forms The Administrator of General Services shall establish policies for such supervision and review within the contracting agencies of termination settlements and interim financing as he deems necessary and appropriate to prevent and detect fraud and to assure uniformity in administration and to provide for expeditious settlements. For this purpose he shall prescribe such records to be prepared by the contracting agencies and by war contractors as he deems necessary in connection with such settlements and interim financing. He shall seek to reduce the amount of record keeping, reporting, and accounting in connection with the settlement of termination claims and interim financing to the minimum compatible with the reasonable protection of the public interest. Each contracting agency shall prescribe forms for use by war contractors in connection with termination settlements and interim financing to the extent it deems necessary and feasible. (b) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(111), 65 Stat. 705 (c) Advance notice on cut-backs The Administrator of General Services, by regulation, shall provide for making available to any interested Government agency such advance notice and other information on cut-backs in war production resulting from terminations or failures to renew or extend war contracts, as he deems necessary and appropriate. (d) Investigations The Administrator of General Services shall make such investigations as he deems necessary or desirable in connection with termination settlements and interim financing. For this purpose he may utilize the facilities of any existing agencies and if he determines that the facilities of existing agencies are inadequate, he may establish a unit in the General Services Administration to supplement and facilitate the work of existing agencies. He shall report to the Department of Justice any information received by him indicating any fraudulent practices, for appropriate action. (e) Certification of fraudulent settlements to Department of Justice Whenever any contracting agency or the Administrator of General Services believes that any settlement was induced by fraud, the agency or Administrator of General Services shall report the facts to the Department of Justice. Thereupon, (1) the Department of Justice shall make an investigation to determine whether such settlement was induced by fraud, and (2) until the Department of Justice notifies the contracting agency that in its opinion the facts do not support the belief that the settlement was induced by fraud, the contracting agency, by set-off or otherwise, may withhold, from amounts owing to the war contractor by the United States under such settlement or otherwise, the amount of the settlement, or the portion thereof, which, in its opinion, was affected by the fraud. In any such case the Department of Justice shall take such action as it deems appropriate to recover payments made to such war contractor. -SOURCE- (July 1, 1944, ch. 358, Sec. 18, 58 Stat. 666; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380; Oct. 31, 1951, ch. 654, Sec. 1(111), 65 Stat. 705; Pub. L. 104-316, title I, Sec. 121(b), Oct. 19, 1996, 110 Stat. 3836.) -MISC1- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-316, in second sentence, struck out "(1)" after "he shall prescribe" and struck out "; and (2) the records in connection therewith to be transmitted to the General Accounting Office" before period at end. 1951 - Subsec. (b). Act Oct. 31, 1951, struck out provisions which related to preparation of information and reports regarding termination of war contracts, settlements of termination claims, interim financing, etc. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Department of the Treasury" substituted for "Office of Contract Settlement" in subsec. (d) and references to "Director" changed to "Secretary" throughout this section by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -End- -CITE- 41 USC Sec. 119 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 119. Fraudulent claims, vouchers, statements, etc.; jurisdiction -STATUTE- Every person who makes or causes to be made, or presents or causes to be presented to any officer, agent, or employee of any Government agency any claim, bill, receipt, voucher, statement, account, certificate, affidavit, or deposition, knowing the same to be false, fraudulent, or fictitious or knowing the same to contain or to be based on any false, fraudulent, or fictitious statement or entry, or who shall cover up or conceal any material fact, or who shall use or engage in any other fraudulent trick, scheme, or device, for the purpose of securing or obtaining, or aiding to secure or obtain, for any person any benefit, payment, compensation, allowance, loan, advance, or emolument from the United States or any Government agency in connection with the termination, cancelation, settlement, payment, negotiation, renegotiation, performance, procurement, or award of a contract with the United States or with any other person, and every person who enters into an agreement, combination, or conspiracy so to do, (1) shall pay to the United States an amount equal to 25 per centum of any amount thereby sought to be wrongfully secured or obtained but not actually received, and (2) shall forfeit and refund any such benefit, payment, compensation, allowance, loan, advance, and emolument received as a result thereof and (3) shall in addition pay to the United States the sum of $2,000 for each such act, and double the amount of any damage which the United States may have sustained by reason thereof, together with the costs of suit. The several district courts of the United States, the several district courts of the Territories of the United States, within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit, and such person or persons as are not inhabitants of or found within the district in which suit is brought may be brought in by order of the court to be served personally or by publication or in such other reasonable manner as the court may direct. -SOURCE- (July 1, 1944, ch. 358, Sec. 19(a), (c)-(e), 58 Stat. 667; June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862.) -COD- CODIFICATION As originally enacted, the second undesignated paragraph of this section contained the words, ", the District of Columbia" after "The several district courts of the United States". The words "District of Columbia" have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that "There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district", and section 88 of Title 28 which states that "the District of Columbia constitutes one judicial district". Section was comprised of subsecs. (a) and (c) to (e) of section 19 of act July 1, 1944. Subsec. (b) of section 19 was classified to section 590a of Title 18, Criminal Code and Criminal Procedure, prior to the general revision and enactment of Title 18, Crimes and Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Subsecs. (a), (d), and (e) of section 19 were repealed by act June 25, 1948, leaving only subsec. (c) of section 19, which comprises this section. Subject matter of former subsecs. (a), (d), and (e) of section 19 is covered by sections 201, 287, 443, and 1001 of Title 18. -MISC1- AMENDMENTS 1948 - Act June 25, 1948, repealed first, second, fifth, and sixth undesignated pars. See Codification note above. EFFECTIVE DATE OF 1948 REPEAL Amendment by act June 25, 1948, effective Sept. 1, 1948, see section 20 of that act. -End- -CITE- 41 USC Sec. 120 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 120. Powers and duties of contracting agencies -STATUTE- (a) Limitation Each contracting agency shall have authority, notwithstanding any provisions of law other than contained in this chapter, (1) to make any contract necessary and appropriate to carry out the provisions of this chapter; (2) to amend by agreement any existing contract, either before or after notice of its termination, on such terms and to such extent as it deems necessary and appropriate to carry out the provisions of this chapter; and (3) in settling any termination claim, to agree to assume, or indemnify the war contractor against, any claims by any person in connection with such termination claims or settlement. This subsection shall not limit or affect in any way any authority of any contracting agency under the First War Powers Act, 1941, or under any other statute. (b) Evidence required; conclusiveness of determinations Any contracting agency may prescribe the amount and kind of evidence required to identify any person as a war contractor, or any contract, agreement, or purchase order as a war contract for any of the purposes of this chapter. Any determination so made that any person is a war contractor, or that any contract, agreement, or purchase order is a war contract, shall be final and conclusive for any of the purposes of this chapter. (c) Appropriations There are authorized to be appropriated such sums as may be necessary for administering the provisions of this chapter. (d) Validation of prior settlements All policies and procedures relating to termination of war contracts, termination settlements, and interim financing, prescribed by the Secretary of the Treasury or any contracting agency, in effect on July 21, 1944, and not inconsistent with this chapter, shall remain in full force and effect unless and until superseded by the Administrator of General Services in accordance with this chapter, or by regulations of the contracting agency not inconsistent with this chapter or the policies prescribed by the Administrator of General Services. (e) Impairment of contract Nothing in this chapter shall be deemed to impair or modify any war contract or any term or provision of any war contract or any assignment of any claim under a war contract, without the consent of the parties thereto, if the war contract, or the term, provision, or assignment thereof, is otherwise valid. (f) Aid to war contractors Any contracting agency may authorize or direct its officers and employees, as a part of their official duties, to advise, aid, and assist war contractors in preparing and presenting termination claims, in obtaining interim financing, and in related matters, to such extent as it deems desirable. Such advice, aid, or assistance shall not constitute a violation of section 205 of title 18 or of any other law, provided the officer or employee does not receive therefor benefit or compensation of any kind, directly or indirectly, from any war contractor. -SOURCE- (July 1, 1944, ch. 358 Sec. 20, 58 Stat. 668; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; June 30, 1947, ch. 166, title II, Sec. 207, 61 Stat. 209; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT The First War Powers Act, 1941, referred to in subsec. (a), is act Dec. 18, 1941, ch. 593, 55 Stat. 838, which enacted sections 32 to 37 and 601 to 605, 611, and 616 to 622 of Title 50, Appendix, War and National Defense, and amended section 95a of Title 12, Banks and Banking, and section 5 of Title 50, Appendix. The First War Powers Act, 1941, was substantially repealed, with certain exceptions, by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 651. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION In subsec. (f), "section 205 of title 18" substituted for "section 109 of the Criminal Code (18 U.S.C. 198)" on authority of act June 25, 1948, ch. 645, 62 Stat. 683, the first section of which enacted Title 18, Crimes and Criminal Procedure, and on authority of Pub. L. 87-849, Sec. 2, Oct. 23, 1962, 76 Stat. 1126. Subsec. (g), relating to the duties of Smaller War Plants Corporation, omitted on authority of section 207 of act June 30, 1947, which provided: "The liquidation of the affairs of the Smaller War Plants Corporation administered by the Reconstruction Finance Corporation pursuant to Executive Order 9665 shall be carried out by the Reconstruction Finance Corporation, notwithstanding the provisions of the last paragraph of section 5 of the First War Powers Act, 1941 [section 605 of Title 50, Appendix, War and National Defense]. The Smaller War Plants Corporation is hereby abolished." -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -End- -CITE- 41 USC Sec. 121 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 121. Administrator of General Services; additional duties -STATUTE- In addition to his other functions under this chapter, the Administrator of General Services shall - (a) promote the training of personnel for termination settlement and interim financing by contracting agencies, war contractors, and financing institutions; (b) Omitted (c) promote decentralization of the administration of termination settlements and interim financing by fostering delegation of authority within contracting agencies and to war contractors, to the extent he deems necessary and feasible; and (d) consult with war contractors through advisory committees or such other methods as he deems appropriate. -SOURCE- (July 1, 1944, ch. 358, Sec. 21, 58 Stat. 669; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; June 30, 1947, ch. 166, title II, Sec. 207, 61 Stat. 209; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -COD- CODIFICATION Subsec. (b), providing for Administrators' collaboration with Smaller War Plants Corporation in protecting interests of smaller war contractors, was omitted on authority of section 207 of act June 30, 1947, which provided: "The liquidation of the affairs of the Smaller War Plants Corporation administered by the Reconstruction Finance Corporation pursuant to Executive Order 9665 shall be carried out by the Reconstruction Finance Corporation, notwithstanding the provisions of the last paragraph of section 5 of the First War Powers Act, 1941 [section 605 of Title 50, Appendix, War and National Defense]. The Smaller War Plants Corporation is hereby abolished." -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -MISC1- TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 41 USC Sec. 122 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 122. Use of appropriated funds -STATUTE- Any contracting agency is authorized - (a) to use for interim financing, the payment of claims, and for any other purposes authorized in this chapter any funds which have heretofore been appropriated or allocated or which may hereafter be appropriated or allocated to it, or which are or may become available to it, for such purposes or for the purposes of war production or war procurement; (b) to use any such funds appropriated, allocated, or available to it for expenditures for or in behalf of any other contracting agency for the purposes authorized in this chapter; and (c) to determine by agreement, joint estimate, or any other method authorized by the Administrator of General Services, the part of any expenditure made pursuant to subsection (b) of this section to be paid by each contracting agency concerned and to make transfers of funds between such contracting agencies accordingly. Transfers of funds between appropriations carried upon the books of the Treasury shall be made by the Administrator of General Services in accordance with joint requests of the contracting agencies involved. -SOURCE- (July 1, 1944, ch. 358, Sec. 22, 58 Stat. 670; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1949, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -End- -CITE- 41 USC Sec. 123 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 123. Delegation of authority by Administrator of General Services -STATUTE- (a) Officers and agencies of General Service Administration and other governmental agencies The Administrator of General Services may delegate any authority and discretion conferred upon him by this chapter to such officers and agencies of the General Services Administration as he may designate, and may delegate such authority and discretion, upon such terms and conditions as he may prescribe, to the head of any Government agency to the extent necessary to the handling and solution of problems peculiar to that agency. (b) Authority delegated to other governmental agencies The head of any Government agency may delegate any authority and discretion conferred upon him or his agency by or pursuant to this chapter to any officer, agent, or employee of such agency or to any other Government agency, and may authorize successive redelegations of such authority and discretion. (c) Joint exercise of delegated authority Any two or more Government agencies may exercise jointly any authority and discretion conferred upon each of them individually by or pursuant to this chapter. (d) Application to other laws Nothing in this chapter shall prevent the Administrator of General Services from exercising any authority conferred upon him by any other statute. -SOURCE- (July 1, 1944, ch. 358, Sec. 23, 58 Stat. 670; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -COD- CODIFICATION In subsec. (a), the phrase "such officers and agencies of the General Services Administration as he may designate" substituted for "any Deputy Director" on authority of section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -End- -CITE- 41 USC Sec. 124 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 124. Effective date; applicability to lend lease contracts -STATUTE- (a) This chapter shall become effective twenty days after July 1, 1944. With the exception of the provisions of paragraphs (b), (c), (d), and (e) of section 112 of this title, and sections 106 to 110, and 113 of this title, this chapter shall be applicable in the case of any terminated war contract which has been finally settled at or before the effective date of this chapter. (b) Nothing in this chapter shall limit or affect any authority conferred by sections 411 to 419 of title 22, or Acts supplemental thereto. -SOURCE- (July 1, 1944, ch. 358, Sec. 24, 58 Stat. 670.) -REFTEXT- REFERENCES IN TEXT Sections 411 to 419 of title 22, referred to in subsec. (b), have been omitted from the Code. -End- -CITE- 41 USC Sec. 125 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 2 - TERMINATION OF WAR CONTRACTS -HEAD- Sec. 125. Exemption of certain contracts outside continental United States or in Alaska -STATUTE- Subject to policies prescribed by the Administrator of General Services, any contracting agency may exempt from some or all of the provisions of this chapter (a) any war contract made or to be performed outside the continental limits of the United States or in Alaska, or (b) any termination inventory situated outside of the continental limits of the United States or in Alaska, or (c) any modification of a war contract pursuant to its terms for the purpose of changing plans or specifications applicable to the work without substantially reducing its extent. -SOURCE- (July 1, 1944, ch. 358, Sec. 25, 58 Stat. 670; Ex. Ord. No. 9809, Sec. 8, eff. Dec. 12, 1946, 11 F.R. 14281; 1947 Reorg. Plan No. 1, Sec. 201, eff. July 1, 1947, 12 F.R. 4534, 61 Stat. 951; June 30, 1949, ch. 288, title I, Sec. 102(b), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury transferred to Administrator of General Services by section 102(b) of act June 30, 1949, ch. 288, 63 Stat. 380, which was classified to section 752(b) of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. "Secretary" substituted for "Director" by section 8 of Ex. Ord. No. 9809 and section 201 of Reorg. Plan No. 1 of 1947, set out in the Appendix to Title 5, Government Organization and Employees. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions 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. -End- -CITE- 41 USC CHAPTER 3 - PROCUREMENT OF SUPPLIES AND SERVICES BY ARMED SERVICES 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 3 - PROCUREMENT OF SUPPLIES AND SERVICES BY ARMED SERVICES -HEAD- CHAPTER 3 - PROCUREMENT OF SUPPLIES AND SERVICES BY ARMED SERVICES -End- -CITE- 41 USC Secs. 151 to 162 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 3 - PROCUREMENT OF SUPPLIES AND SERVICES BY ARMED SERVICES -HEAD- Secs. 151 to 162. Repealed. -MISC1- Secs. 151 to 162. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. Section 151, act Feb. 19, 1948, ch. 65, Sec. 2, 62 Stat. 21, related to purchases and contracts for supplies and services for the Armed Services, stated the Congressional declaration of policy, provided for advertising requirements, excepted certain purchases and contracts, authorized reference to Attorney General where there is any evidence of violation of antitrust laws, excluded certain authorizations and contracts. See sections 2303 to 2305 of Title 10, Armed Forces. Section 152, acts Feb. 19, 1948, ch. 65, Sec. 3, 62 Stat. 22; Aug. 9, 1955, ch. 628, Sec. 15, 69 Stat. 551, related to advertisements for bids, opening of bids and award or rejection of bids. See section 2305 of Title 10. Act Aug. 9, 1955, ch. 628, Sec. 15, 69 Stat. 551, which amended section 152 of this title, was repealed by Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1569. Section 153, acts Feb. 19, 1948, ch. 65, Sec. 4, 62 Stat. 23; Oct. 31, 1951, ch. 652, 65 Stat. 700, provided for types of contracts and examination of books, records, etc., of contractors. See sections 2306 and 2313 of Title 10. Section 154, act Feb. 19, 1948, ch. 65, Sec. 5, 62 Stat. 24, authorized advance payments under negotiated contracts. See section 2307 of Title 10. Section 155, act Feb. 19, 1948, ch. 65, Sec. 6, 62 Stat. 24, provided for remission of liquidated damages. See section 2312 of Title 10. Section 156, act Feb. 19, 1948, ch. 65, Sec. 7, 62 Stat. 24, provided for determinations and decisions, powers of agency head, finality of decisions, delegations of powers, non-delegable powers, written decisions, preservation of data. See sections 2304, 2310, and 2311 of Title 10. Section 157, act Feb. 19, 1948, ch. 65, Sec. 8, 62 Stat. 24, related to exemption of purchases or contracts from certain other provisions of law. See section 2304 of Title 10. Section 158, act Feb. 19, 1948, ch. 65, Sec. 9, 62 Stat. 24, defined "agency head" and "supplies". See sections 2302 and 2303 of Title 10. Section 159, act Feb. 19, 1948, ch. 65, Sec. 10, 62 Stat. 25, related to assignment and delegation of joint procurement responsibilities by agency head, and allocation of appropriations. See section 2309 of Title 10. Section 160, act Feb. 19, 1948, ch. 65, Sec. 11(b), 62 Stat. 25, provided that sections 5, 6, 6a, and 13 of this title should be inapplicable to procurement of supplies and services. See section 2314 of Title 10. Section 161, act Feb. 19, 1948, ch. 65, Sec. 12, 62 Stat. 26, related to concurrent authority of Secretaries of Army, Navy and Air Force. See section 2381 of Title 10. Section 162, act July 10, 1952, ch. 630, title VI, Sec. 638, 66 Stat. 537, related to obligation of funds by Department of Defense for procurement and distribution of supplies or equipment. See section 2202 of Title 10. -End- -CITE- 41 USC CHAPTER 4 - PROCUREMENT PROCEDURES 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES -HEAD- CHAPTER 4 - PROCUREMENT PROCEDURES -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 201 to 205. Transferred. SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION 211 to 219. Transferred. SUBCHAPTER III - PROPERTY MANAGEMENT 231 to 240. Transferred. SUBCHAPTER IV - PROCUREMENT PROVISIONS 251. Declaration of purpose of this subchapter. 252. Purchases and contracts for property. 252a. Simplified acquisition threshold. 252b. Implementation of simplified acquisition procedures. 252c. Implementation of electronic commerce capability. 253. Competition requirements. 253a. Planning and solicitation requirements. 253b. Evaluation and award. 253c. Encouragement of new competition. 253d. Validation of proprietary data restrictions. 253e. Repealed. 253f. Economic order quantities. 253g. Prohibition of contractors limiting subcontractor sales directly to United States. 253h. Task and delivery order contracts: general authority. 253i. Task order contracts: advisory and assistance services. 253j. Task and delivery order contracts: orders. 253k. Task and delivery order contracts: definitions. 253l. Severable services contracts for periods crossing fiscal years. 253l-1. Contract authority of Comptroller General. 253l-2. Contract authority of Library of Congress. 253l-3. Contract authority of Chief Administrative Officer of the House of Representatives. 253l-4. Contract authority of Congressional Budget Office. 253l-5. Contract authority of Secretary and Sergeant at Arms and Doorkeeper of the Senate. 253l-6. Contract authority of Capitol Police. 253l-7. Contract authority of Architect of the Capitol. 253l-8. Contract authority of Secretary of Smithsonian Institution. 253m. Design-build selection procedures. 254. Contract requirements. 254a. Cost-type research and development contracts with educational institutions. 254b. Cost or pricing data: truth in negotiations. 254c. Multiyear contracts. 254d. Examination of records of contractor. 255. Contract financing. 256. Allowable costs. 256a. Waiver of liquidated damages. 257. Administrative determinations. 258. Repealed. 259. Definitions. 260. Laws not applicable to contracts. 261. Assignment and delegation of procurement functions and responsibilities. 262. Determinations and decisions. 263. Performance based management: acquisition programs. 264. Relationship of commercial item provisions to other provisions of law. 264a. Definitions relating to procurement of commercial items. 264b. Preference for acquisition of commercial items. 265. Contractor employees: protection from reprisal for disclosure of certain information. 266. Merit-based award of grants for research and development. 266a. Share-in-savings contracts. SUBCHAPTER V - FOREIGN EXCESS PROPERTY 271 to 274. Transferred. SUBCHAPTER VI - FEDERAL RECORD MANAGEMENT 281 to 291. Transferred. -End- -CITE- 41 USC SUBCHAPTER I - GENERAL PROVISIONS 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 41 USC Secs. 201 to 205 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Secs. 201 to 205. Transferred -COD- CODIFICATION Section 201, act June 30, 1949, ch. 288, Sec. 2, 63 Stat. 378, which related to Congressional declaration of policy, was transferred to section 471 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as section 101 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107- 217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 202, acts June 30, 1949, ch. 288, Sec. 3, 63 Stat. 378; Sept. 5, 1950, ch. 849, Secs. 7(a), 8(a), 64 Stat. 590, 591, which related to definitions, was transferred to section 472 of former Title 40, and was repealed and reenacted as section 102 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 203, act June 30, 1949, ch. 288, title VI, Sec. 601, formerly title V, Sec. 501, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583, which related to applicability of existing provisions, was transferred to section 473 of former Title 40, and was repealed and reenacted as section 112 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 204, act June 30, 1949, ch. 288, title VI, Sec. 602(c)- (e), formerly title V, Sec. 502(c), (d), 63 Stat. 401; renumbered and amended (including amendment to add subsec. (e)), Sept. 5, 1950, ch. 849, Secs. 6(a), (b), 7(e), (f), 8(c), 64 Stat. 583, 590, which related to exemptions for Congress, departments, agencies, corporations, and persons, was transferred to section 474 of former Title 40, and was repealed and reenacted as section 113 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 205, act June 30, 1949, ch. 288, title VI, Sec. 603, formerly title V, Sec. 503, 63 Stat. 403; renumbered and amended Sept. 5, 1950, ch. 849, Secs. 6(a), (b), 7(g), 64 Stat. 583, 590, which related to authorization of appropriations and fund transfer authority, was transferred to section 475 of former Title 40, and was repealed and reenacted as sections 124 and 125 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -End- -CITE- 41 USC SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION -HEAD- SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION -End- -CITE- 41 USC Secs. 211 to 219 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER II - GENERAL SERVICES ADMINISTRATION -HEAD- Secs. 211 to 219. Transferred -COD- CODIFICATION Section 211, act June 30, 1949, ch. 288, title I, Sec. 101, 63 Stat. 379, which related to General Services Administration, was transferred to section 630 of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 751 of former Title 40, Public Buildings, Property, and Works, and repealed and reenacted as sections 121(c)(1), 301, and 302 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 212, act June 30, 1949, ch. 288, title I, Sec. 102, 63 Stat. 380, which related to transfer of functions, was transferred to section 630a of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 752 of former Title 40, and repealed and reenacted as section 303(a) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 303(a) of Title 40 was amended generally by Pub. L. 109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Bureau of Federal Supply. See Historical and Revision Notes and 2006 Amendment note under section 303 of Title 40. Section 213, act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, which related to transfer of affairs of Federal Works Agency, was transferred to section 630b of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 753 of former Title 40, and repealed and reenacted as section 303(b) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 303(b) of Title 40 was amended generally by Pub. L. 109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See Historical and Revision Notes and 2006 Amendment note under section 303 of Title 40. Section 214, act June 30, 1949, ch. 288, title I, Sec. 104, 63 Stat. 381, which related to records management, was transferred to section 391 of former Title 44, Public Printing and Documents. See sections 1506, 2102, 2301, 2501, and 2902 of Title 44, Public Printing and Documents. Section 215, act June 30, 1949, ch. 288, title I, Sec. 105, 63 Stat. 381, which related to transfer and liquidation of War Assets Administration, was transferred to section 630c of former Title 5, Executive Departments and Government Officers and Employees, and was subsequently repealed by section 8(a) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632. Section 216, act June 30, 1949, ch. 288, title I, Sec. 106, 63 Stat. 381, which related to redistribution of Administrator's functions, was transferred to section 630d of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 754 of former Title 40, Public Buildings, Property, and Works, and repealed and reenacted as section 121(e)(1)(C), (2)(A) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 217, act June 30, 1949, ch. 288, title I, Sec. 107, 63 Stat. 382, which related to transfer of funds, was transferred to section 630e of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 755 of former Title 40, and repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Section 218, act June 30, 1949, ch. 288, title I, Sec. 108, 63 Stat. 382, which related to status of transferred employees, was transferred to section 630f of former Title 5, Executive Departments and Government Officers and Employees, and was subsequently repealed by section 8(a) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632. Section 219, acts June 30, 1949, ch. 288, title I, Sec. 109, 63 Stat 382; Sept. 5, 1950, ch. 849, Secs. 1, 2(a), (b), 3, 64 Stat. 578, which related to the General Supply Fund, was transferred to section 630g of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 756 of former Title 40, Public Buildings, Property, and Works, and repealed and reenacted as sections 313 and 321(a)-(d), (f)(1), (g) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -End- -CITE- 41 USC SUBCHAPTER III - PROPERTY MANAGEMENT 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER III - PROPERTY MANAGEMENT -HEAD- SUBCHAPTER III - PROPERTY MANAGEMENT -End- -CITE- 41 USC Secs. 231 to 240 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER III - PROPERTY MANAGEMENT -HEAD- Secs. 231 to 240. Transferred -COD- CODIFICATION Section 231, acts June 30, 1949, ch. 288, title II, Sec. 201, 63 Stat. 383; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591; Sept. 5, 1950, ch. 849, Sec. 8(b), 64 Stat. 591, which related to procurement, warehousing, and related activities, was transferred to section 481 of former Title 40, Public Building, Property, and Works, and was repealed and reenacted as sections 501 to 505 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107- 217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 231a, act Oct. 26, 1949, ch. 737, 63 Stat. 920, which related to clarification of status of Architect of the Capitol under this chapter, was transferred to section 482 of former Title 40, and was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304. Section 232, acts June 30, 1949, ch. 288, title II, Sec. 202, 63 Stat. 384; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591, which related to property utilization, was transferred to section 483 of former Title 40, and was repealed and reenacted as sections 521 to 527 and 529 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 233, acts June 30, 1949, ch. 288, title II, Sec. 203, 63 Stat. 385; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591; Sept. 5, 1950, ch. 849, Sec. 4, 64 Stat. 579, which related to disposal or surplus property, was transferred to section 484 of former Title 40, and was repealed and reenacted as sections 541 to 555 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 234, act June 30, 1949, ch. 288, title I, Sec. 204, 63 Stat. 388, which related to proceeds from transfer, sale, etc., of property, was transferred to section 485 of former Title 40, and was repealed and reenacted as sections 571(a), 572 to 574 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 235, acts June 30, 1949, ch. 288, title II, Sec. 205, 63 Stat. 389; Sept. 5, 1950, ch. 849, Sec. 9, 64 Stat. 591, which related to policies, regulations, and delegations, was transferred to section 486 of former Title 40, and was repealed and reenacted as section 121(a), (b), (c)(2), (d)(1), (2), (e)(1)(A), (B), (D)- (F), (2)(B), (f)-(h) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 236, acts June 30, 1949, ch. 288, title II, Sec. 206, 63 Stat. 390; Aug. 10, 1949, ch. 412, Sec. 12(a), 63 Stat. 591, which related to surveys of government property and property management practices, was transferred to section 487 of former Title 40, and was repealed and reenacted as section 506 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 237, act June 30, 1949, ch. 288, title II, Sec. 207, 63 Stat. 391, which related to applicability of antitrust laws to property disposal, was transferred to section 488 of former Title 40, and was repealed and reenacted as section 559 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 238, acts June 30, 1949, ch. 288, title II, Sec. 208, 63 Stat. 391; Sept. 5, 1950, ch. 849, Sec. 7(b), (c), 64 Stat. 590, which related to appointment and compensation of personnel, was transferred to section 630h of former Title 5, Executive Departments and Government Officers and Employees, subsequently transferred to section 758 of former Title 40, and repealed and reenacted as section 311(a)-(c) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 239, act June 30, 1949, ch. 288, title II, Sec. 209, 63 Stat. 392, which related to civil remedies and penalties, was transferred to section 489 of former Title 40, and was repealed and reenacted as section 123 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 239a, act June 30, 1949, ch. 288, title II, Sec. 210, as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 580, which related to operation of buildings and related activities by the Administrator, was transferred to section 490 of former Title 40, and was repealed and reenacted as sections 581 to 585(a)(1), (2) (1st sentence, last sentence (words before "and the obligation")), (b), 586(a)-(c), 587(a)-(b)(4)(A), (c), 588, 589, 592(a)-(c)(1), (d), (e) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 239b, act June 30, 1949, ch. 288, title II, Sec. 211, as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 580, which related to motor vehicle identification, was transferred to section 491 of former Title 40, and was repealed and reenacted as sections 601 to 611 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 240, act June 30, 1949, ch. 288, title II, Sec. 212, formerly Sec. 210, 63 Stat. 393; renumbered Sept. 5, 1950, ch. 849, Sec. 5(a), 64 Stat. 580, which related to reports to Congress, was transferred to section 492 of former Title 40, and was repealed and reenacted as section 126 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -End- -CITE- 41 USC SUBCHAPTER IV - PROCUREMENT PROVISIONS 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- SUBCHAPTER IV - PROCUREMENT PROVISIONS -End- -CITE- 41 USC Sec. 251 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 251. Declaration of purpose of this subchapter -STATUTE- The purpose of this subchapter is to facilitate the procurement of property and services. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 301, 63 Stat. 393; July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594.) -MISC1- AMENDMENTS 1952 - Act July 12, 1952, substituted "property" for "supplies". EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-106, div. D, title XLIV, Sec. 4401, Feb. 10, 1996, 110 Stat. 678, provided that: "(a) Effective Date. - Except as otherwise provided in this division [div. D (Secs. 4001-4402) of Pub. L. 104-106, see Short Title of 1996 Amendment note below], this division and the amendments made by this division shall take effect on the date of the enactment of this Act [Feb. 10, 1996]. "(b) Applicability of Amendments. - "(1) Solicitations, unsolicited proposals, and related contracts. - An amendment made by this division shall apply, in the manner prescribed in the final regulations promulgated pursuant to section 4402 [set out below] to implement such amendment, with respect to any solicitation that is issued, any unsolicited proposal that is received, and any contract entered into pursuant to such a solicitation or proposal, on or after the date described in paragraph (3). "(2) Other matters. - An amendment made by this division shall also apply, to the extent and in the manner prescribed in the final regulations promulgated pursuant to section 4402 to implement such amendment, with respect to any matter related to - "(A) a contract that is in effect on the date described in paragraph (3); "(B) an offer under consideration on the date described in paragraph (3); or "(C) any other proceeding or action that is ongoing on the date described in paragraph (3). "(3) Demarcation date. - The date referred to in paragraphs (1) and (2) is the date specified in such final regulations. The date so specified shall be January 1, 1997, or any earlier date that is not within 30 days after the date on which such final regulations are published." EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103-355, title X, Sec. 10001, Oct. 13, 1994, 108 Stat. 3404, provided that: "(a) Effective Date. - Except as otherwise provided in this Act, this Act [see Short Title of 1994 Amendment note below] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Oct. 13, 1994]. "(b) Applicability of Amendments. - (1) An amendment made by this Act shall apply, in the manner prescribed in the final regulations promulgated pursuant to section 10002 to implement such amendment [set out below], with respect to any solicitation that is issued, any unsolicited proposal that is received, and any contract entered into pursuant to such a solicitation or proposal, on or after the date described in paragraph (3). "(2) An amendment made by this Act shall also apply, to the extent and in the manner prescribed in the final regulations promulgated pursuant to section 10002 to implement such amendment, with respect to any matter related to - "(A) a contract that is in effect on the date described in paragraph (3); "(B) an offer under consideration on the date described in paragraph (3); or "(C) any other proceeding or action that is ongoing on the date described in paragraph (3). "(3) The date referred to in paragraphs (1) and (2) is the date specified in such final regulations [Oct. 1, 1995, see 60 F.R. 48231, Sept. 18, 1995]. The date so specified shall be October 1, 1995, or any earlier date that is not within 30 days after the date on which such final regulations are published. "(c) Immediate Applicability of Certain Amendments. - Notwithstanding subsection (b), the amendments made by the following provisions of this Act apply on and after the date of the enactment of this Act [Oct. 13, 1994]: sections 1001, 1021, 1031, 1051, 1071, 1092, 1201, 1506(a), 1507, 1554, 2002(a), 2191, 3062(a), 3063, 3064, 3065(a)(1), 3065(b), 3066, 3067, 6001(a), 7101, 7103, 7205, and 7206, the provisions of subtitles A, B, and C of title III [Secs. 3001-3025], and the provisions of title V [see Tables for classification]." EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-369, div. B, title VII, Sec. 2751, July 18, 1984, 98 Stat. 1203, provided that: "(a) Except as provided in subsection (b), the amendments made by this title [see Short Title of 1984 Amendments note below] shall apply with respect to any solicitation for bids or proposals issued after March 31, 1985. "(b) The amendments made by section 2713 [amending section 759 of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as a note under section 759 of former Title 40] and subtitle D [enacting sections 3551 to 3556 of Title 31, Money and Finance] shall apply with respect to any protest filed after January 14, 1985." EFFECTIVE DATE Section 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. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-106, div. D, Sec. 4001, Feb. 10, 1996, 110 Stat. 642, as amended by Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VIII, Sec. 808(a)], Sept. 30, 1996, 110 Stat. 3009-314, 3009-393, provided that: "This division [div. D (Secs. 4001-4402) of Pub. L. 104-106, see Tables for classification] and division E [Secs. 5001- 5703 of Pub. L. 104-106, repealed and reenacted, generally, as subtitle III (Sec. 11101 et seq.) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, see Tables for complete classification] may be cited as the 'Clinger-Cohen Act of 1996'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-355, Sec. 1, Oct. 13, 1994, 108 Stat. 3243, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Acquisition Streamlining Act of 1994'." SHORT TITLE OF 1984 AMENDMENTS Pub. L. 98-577, Sec. 1, Oct. 30, 1984, 98 Stat. 3066, provided that this Act [enacting sections 253c to 253h, 414a, 418a, and 418b of this title, repealing section 2303a of Title 10, Armed Forces, amending sections 253, 253b, 259, 403, and 416 of this title, sections 2302, 2304, 2311, and 2320 of Title 10, and sections 637 and 644 of Title 15, Commerce and Trade, and enacting provisions set out as notes under this section, section 416 of this title, and sections 637 and 644 of Title 15] may be cited as the "Small Business and Federal Procurement Competition Enhancement Act of 1984". Pub. L. 98-369, div. B, title VII, Sec. 2701, July 18, 1984, 98 Stat. 1175, provided that: "This title [enacting sections 253a, 253b, 416 to 419 of this title and sections 3551 to 3556 of Title 31, Money and Finance, amending sections 252, 253, 254, 257, 258, 259, 260, 403, 405, and 414 of this title, sections 2301 to 2306, 2310, 2311, 2313, and 2356 of Title 10, Armed Forces, and section 759 of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section, sections 253, 403, and 407 of this title, section 2304 of Title 10, and section 759 of former Title 40] may be cited as the 'Competition in Contracting Act of 1984'." SHORT TITLE Act June 30, 1949, ch. 288, Sec. 1(a), 63 Stat. 377, as amended by Pub. L. 103-355, title X, Sec. 10005(a)(2), Oct. 13, 1994, 108 Stat. 3406; Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108-178, Sec. 2(b)(1), Dec. 15, 2003, 117 Stat. 2640, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Property and Administrative Services Act of 1949'." [Pub. L. 107-217, Sec. 6(b), which had repealed section 1(a) of act June 30, 1949, set out above, was itself repealed effective Aug. 21, 2002, by Pub. L. 108-178, Sec. 2(b)(1), insofar as it related to section 1(a) of act June 30, 1949, and Pub. L. 108-178, Sec. 2(b)(1), further provided that section 1(a) of act June 30, 1949, was revived to read as if Pub. L. 107-217, Sec. 6(b), had not been enacted.] REGULATIONS Pub. L. 104-106, div. D, title XLIV, Sec. 4402, Feb. 10, 1996, 110 Stat. 678, provided that: "(a) Proposed Revisions. - Proposed revisions to the Federal Acquisition Regulation and such other proposed regulations (or revisions to existing regulations) as may be necessary to implement this Act [see Tables for classification] shall be published in the Federal Register not later than 210 days after the date of the enactment of this Act [Feb. 10, 1996]. "(b) Public Comment. - The proposed regulations described in subsection (a) shall be made available for public comment for a period of not less than 60 days. "(c) Final Regulations. - Final regulations shall be published in the Federal Register not later than 330 days after the date of enactment of this Act [Feb. 10, 1996]. "(d) Modifications. - Final regulations promulgated pursuant to this section to implement an amendment made by this Act may provide for modification of an existing contract without consideration upon the request of the contractor. "(e) Savings Provisions. - "(1) Validity of prior actions. - Nothing in this division [div. D (Secs. 4001-4402) of Pub. L. 104-106, see Short Title of 1996 Amendment note above] shall be construed to affect the validity of any action taken or any contract entered into before the date specified in the regulations pursuant to section 4401(b)(3) [set out as an Effective Date of 1996 Amendment note above] except to the extent and in the manner prescribed in such regulations. "(2) Renegotiation and modification of preexisting contracts. - Except as specifically provided in this division, nothing in this division shall be construed to require the renegotiation or modification of contracts in existence on the date of the enactment of this Act [Feb. 10, 1996]. "(3) Continued applicability of preexisting law. - Except as otherwise provided in this division, a law amended by this division shall continue to be applied according to the provisions thereof as such law was in effect on the day before the date of the enactment of this Act until - "(A) the date specified in final regulations implementing the amendment of that law (as promulgated pursuant to this section); or "(B) if no such date is specified in regulations, January 1, 1997." Pub. L. 103-355, title X, Sec. 10002, Oct. 13, 1994, 108 Stat. 3404, provided that: "(a) Proposed Revisions. - Proposed revisions to the Federal Acquisition Regulation and such other proposed regulations (or revisions to existing regulations) as may be necessary to implement this Act [see Short Title of 1994 Amendment note above] shall be published in the Federal Register not later than 210 days after the date of the enactment of this Act [Oct. 13, 1994]. "(b) Public Comment. - The proposed regulations described in subsection (a) shall be made available for public comment for a period of not less than 60 days. "(c) Final Regulations. - Final regulations shall be published in the Federal Register not later than 330 days after the date of enactment of this Act. "(d) Modifications. - Final regulations promulgated pursuant to this section to implement an amendment made by this Act may provide for modification of an existing contract without consideration upon the request of the contractor. "(e) Requirement for Clarity. - Officers and employees of the Federal Government who prescribe regulations to implement this Act and the amendments made by this Act shall make every effort practicable to ensure that the regulations are concise and are easily understandable by potential offerors as well as by Government officials. "(f) Savings Provisions. - (1) Nothing in this Act shall be construed to affect the validity of any action taken or any contract entered into before the date specified in the regulations pursuant to section 10001(b)(3) [see Effective Date of 1994 Amendment note above] except to the extent and in the manner prescribed in such regulations. "(2) Except as specifically provided in this Act, nothing in this Act shall be construed to require the renegotiation or modification of contracts in existence on the date of the enactment of this Act [Oct. 13, 1994]. "(3) Except as otherwise provided in this Act, a law amended by this Act shall continue to be applied according to the provisions thereof as such law was in effect on the day before the date of the enactment of this Act until - "(A) the date specified in final regulations implementing the amendment of that law (as promulgated pursuant to this section); or "(B) if no such date is specified in regulations, October 1, 1995." SEPARABILITY Section 604, formerly Sec. 504, of act June 30, 1949, renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583, provided that: "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 this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby." EVALUATION BY COMPTROLLER GENERAL Pub. L. 103-355, title X, Sec. 10003, Oct. 13, 1994, 108 Stat. 3405, provided that not later than 180 days after the issuance in final form of revisions to the Federal Acquisition Regulation pursuant to section 10002 of Pub. L. 103-355, set out as a note above, the Comptroller General was to submit to Congress a report evaluating compliance with such section. CONGRESSIONAL STATEMENT OF PURPOSE Pub. L. 98-577, title I, Sec. 101, Oct. 30, 1984, 98 Stat. 3066, provided that: "The purposes of this Act are to - "(1) eliminate procurement procedures and practices that unnecessarily inhibit full and open competition for contracts; "(2) promote the use of contracting opportunities as a means to expand the industrial base of the United States in order to ensure adequate responsive capability of the economy to the increased demands of the Government in times of national emergency; and "(3) foster opportunities for the increased participation in the competitive procurement process of small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals." COMMISSION ON GOVERNMENT PROCUREMENT Pub. L. 91-129, Nov. 26, 1969, 83 Stat. 269, as amended by Pub. L. 92-47, July 9, 1971, 85 Stat. 102, established the Commission on Government Procurement, which was to study and investigate statutes, rules, regulations, procedures, and practices affecting Government procurement and to submit a final report to Congress on or before Dec. 31, 1972, on the results of this study, including recommendations for changes designed to promote economy, efficiency, and effectiveness in the procurement of goods, services, and facilities by and for the executive branch of the Government. The Commission terminated 120 days after submission of the final report. -EXEC- EX. ORD. NO. 13005. EMPOWERMENT CONTRACTING Ex. Ord. No. 13005, May 21, 1996, 61 F.R. 26069, provided: In order to promote economy and efficiency in Federal procurement, it is necessary to secure broad-based competition for Federal contracts. This broad competition is best achieved where there is an expansive pool of potential contractors capable of producing quality goods and services at competitive prices. A great and largely untapped opportunity for expanding the pool of such contractors can be found in this Nation's economically distressed communities. Fostering growth of Federal contractors in economically distressed communities and ensuring that those contractors become viable businesses for the long term will promote economy and efficiency in Federal procurement and help to empower those communities. Fostering growth of long-term viable contractors will be promoted by offering appropriate incentives to qualified businesses. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States, including section 486(a) [now 121(a)] of title 40, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Policy. The purpose of this order is to strengthen the economy and to improve the efficiency of the Federal procurement system by encouraging business development that expands the industrial base and increases competition. Sec. 2. Empowerment Contracting Program. In consultation with the Secretaries of the Departments of Housing and Urban Development, Labor, and Defense; the Administrator of General Services; the Administrator of the National Aeronautics and Space Administration; the Administrator of the Small Business Administration; and the Administrator for Federal Procurement Policy, the Secretary of the Department of Commerce shall develop policies and procedures to ensure that agencies, to the extent permitted by law, grant qualified large businesses and qualified small businesses appropriate incentives to encourage business activity in areas of general economic distress, including a price or an evaluation credit, when assessing offers for government contracts in unrestricted competitions, where the incentives would promote the policy set forth in this order. In developing such policies and procedures, the Secretary shall consider the size of the qualified businesses. Sec. 3. Monitoring and Evaluation. The Secretary shall: (a) monitor the implementation and operation of the policies and procedures developed in accordance with this order; (b) develop a process to ensure the proper administration of the program and to reduce the potential for fraud by the intended beneficiaries of the program; (c) develop principles and a process to evaluate the effectiveness of the policies and procedures developed in accordance with this order; and (d) by December 1 of each year, issue a report to the President on the status and effectiveness of the program. Sec. 4. Implementation Guidelines. In implementing this order, the Secretary shall: (a) issue rules, regulations, and guidelines necessary to implement this order, including a requirement for the periodic review of the eligibility of qualified businesses and distressed areas; (b) draft all rules, regulations, and guidelines necessary to implement this order within 90 days of the date of this order; and (c) ensure that all policies and procedures and all rules, regulations, and guidelines adopted and implemented in accordance with this order minimize the administrative burden on affected agencies and the procurement process. Sec. 5. Definitions. For purposes of this Executive order: (a) "Agency" means any authority of the United States that is an "agency" under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). (b) "Area of general economic distress" shall be defined, for all urban and rural communities, as any census tract that has a poverty rate of at least 20 percent or any designated Federal Empowerment Zone, Supplemental Empowerment Zone, Enhanced Enterprise Community, or Enterprise Community. In addition, the Secretary may designate as an area of general economic distress any additional rural or Indian reservation area after considering the following factors: (1) Unemployment rate; (2) Degree of poverty; (3) Extent of outmigration; and (4) Rate of business formation and rate of business growth. (c) "Qualified large business" means a large for-profit or not- for-profit trade or business that (1) employs a significant number of residents from the area of general economic distress; and (2) either has a significant physical presence in the area of general economic distress or has a direct impact on generating significant economic activity in the area of general economic distress. (d) "Qualified small business" means a small for-profit or not- for-profit trade or business that (1) employs a significant number of residents from the area of general economic distress; (2) has a significant physical presence in the area of general economic distress; or (3) has a direct impact on generating significant economic activity in the area of general economic distress. (e) "Secretary" means the Secretary of Commerce. Sec. 6. Agency Authority. Nothing in this Executive order shall be construed as displacing the agencies' authority or responsibilities, as authorized by law, including specifically other programs designed to promote the development of small or disadvantaged businesses. Sec. 7. Judicial Review. This Executive order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton. EX. ORD. NO. 13202. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS GOVERNMENT CONTRACTORS' LABOR RELATIONS ON FEDERAL AND FEDERALLY FUNDED CONSTRUCTION PROJECTS Ex. Ord. No. 13202, Feb. 17, 2001, 66 F.R. 11225, as amended by Ex. Ord. No. 13208, Apr. 6, 2001, 66 F.R. 18717, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 471 et seq. [now chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and in order to (1) promote and ensure open competition on Federal and federally funded or assisted construction projects; (2) maintain Government neutrality towards Government contractors' labor relations on Federal and federally funded or assisted construction projects; (3) reduce construction costs to the Federal Government and to the taxpayers; (4) expand job opportunities, especially for small and disadvantaged businesses; and (5) prevent discrimination against Government contractors or their employees based upon labor affiliation or lack thereof; thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects, it is hereby ordered that: Section 1. To the extent permitted by law, any executive agency awarding any construction contract after the date of this order, or obligating funds pursuant to such a contract, shall ensure that neither the awarding Government authority nor any construction manager acting on behalf of the Government shall, in its bid specifications, project agreements, or other controlling documents: (a) Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s); or (b) Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s). (c) Nothing in this section shall prohibit contractors or subcontractors from voluntarily entering into agreements described in subsection (a). Sec. 2. Contracts awarded before the date of this order, and subcontracts awarded pursuant to such contracts, whenever awarded, shall not be governed by this order. Sec. 3. To the extent permitted by law, any executive agency issuing grants, providing financial assistance, or entering into cooperative agreements for construction projects, shall ensure that neither the bid specifications, project agreements, nor other controlling documents for construction contracts awarded after the date of this order by recipients of grants or financial assistance or by parties to cooperative agreements, nor those of any construction manager acting on their behalf, shall contain any of the requirements or prohibitions set forth in section 1(a) or (b) of this order. Sec. 4. In the event that an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of the foregoing, performs in a manner contrary to the provisions of sections 1 or 3 of this order, the executive agency awarding the contract, grant, or assistance shall take such action, consistent with law and regulation, as the agency determines may be appropriate. Sec. 5. (a) The head of an executive agency may exempt a particular project, contract, subcontract, grant, or cooperative agreement from the requirements of any or all of the provisions of sections 1 and 3 of this order, if the agency head finds that special circumstances require an exemption in order to avert an imminent threat to public health or safety or to serve the national security. (b) A finding of "special circumstances" under section 5(a) may not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations, or concerning employees on the project who are not members of or affiliated with a labor organization. (c) The head of an executive agency, upon application of an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of the foregoing, may exempt a particular project from the requirements of any or all of the provisions of sections 1 and 3 of this order, if the agency head finds: (i) that the awarding authority, recipient of grants or financial assistance, party to a cooperative agreement, or construction manager acting on behalf of the foregoing had issued or was a party to, as of the date of this order, bid specifications, project agreements, agreements with one or more labor organizations, or other controlling documents with respect to that particular project, which contained any of the requirements or prohibitions set forth in sections 1(a) or (b) of this order; and (ii) that one or more construction contracts subject to such requirements or prohibitions had been awarded as of the date of this order. Sec. 6. (a) The term "construction contract" as used in this order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The term "executive agency" as used in this order shall have the same meaning it has in 5 U.S.C. 105, excluding the General Accounting Office [now Government Accountability Office]. (c) The term "labor organization" as used in this order shall have the same meaning it has in 42 U.S.C. 2000e(d). Sec. 7. With respect to Federal contracts, within 60 days of the issuance of this order, the Federal Acquisition Regulatory Council shall take whatever action is required to amend the Federal Acquisition Regulation in order to implement the provisions of this order. Sec. 8. As it relates to project agreements, Executive Order 12836 of February 1, 1993, which, among other things, revoked Executive Order 12818 of October 23, 1992, is revoked. Sec. 9. The Presidential Memorandum of June 5, 1997, entitled "Use of Project Labor Agreements for Federal Construction Projects" (the "Memorandum"), is also revoked. Sec. 10. The heads of executive departments and agencies shall revoke expeditiously any orders, rules, regulations, guidelines, or policies implementing or enforcing the Memorandum or Executive Order 12836 of February 1, 1993, as it relates to project agreements, to the extent consistent with law. Sec. 11. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. George W. Bush. -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -End- -CITE- 41 USC Sec. 252 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252. Purchases and contracts for property -STATUTE- (a) Applicability of subchapter; delegation of authority Executive agencies shall make purchases and contracts for property and services in accordance with the provisions of this subchapter and implementing regulations of the Administrator; but this subchapter does not apply - (1) to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration; or (2) when this subchapter is made inapplicable pursuant to section 113(e) of title 40 or any other law, but when this subchapter is made inapplicable by any such provision of law, sections 5 and 8 of this title shall be applicable in the absence of authority conferred by statute to procure without advertising or without regard to said section 5 of this title. (b) Small business concerns; share of business It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for property and services for the Government shall be placed with small business concerns. (c) Authorization of erection, repair, or furnishing of public buildings or improvements; contracts for construction or repair of buildings, roads, sidewalks, sewers, mains, etc.; Federal Highway Lands Program (1) This subchapter does not (A) authorize the erection, repair, or furnishing of any public building or public improvement, but such authorization shall be required in the same manner as heretofore, or (B) permit any contract for the construction or repair of buildings, roads, sidewalks, sewers, mains, or similar items using procedures other than sealed-bid procedures under section 253(a)(2)(A) of this title, if the conditions set forth in section 253(a)(2)(A) of this title apply or the contract is to be performed outside the United States. (2) Section 253(a)(2)(A) of this title does not require the use of sealed-bid procedures in cases in which section 204(e) of title 23 applies. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302, 63 Stat. 393; July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594; Pub. L. 85-800, Secs. 1- 3, Aug. 28, 1958, 72 Stat. 966; Pub. L. 89-343, Secs. 1, 2, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 89-348, Sec. 1(2), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 90-268, Sec. 4, Mar. 16, 1968, 82 Stat. 50; Pub. L. 93-356, Sec. 3, July 25, 1974, 88 Stat. 390; Pub. L. 98- 191, Sec. 9(a)(1), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 98-369, div. B, title VII, Sec. 2714(a)(1), July 18, 1984, 98 Stat. 1184.) -COD- CODIFICATION "Section 113(e) of title 40" substituted in subsec. (a)(2) for "section 602(d) of this Act", meaning section 602(d) of the Federal Property and Administrative Services Act of 1949, on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. -MISC1- AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-369, Sec. 2714(a)(1)(A), struck out provisions that whenever it was proposed to make a contract or purchase in excess of $10,000 by negotiation and without advertising, pursuant to the authority of subsec. (c)(7) of this section, suitable advance publicity, as determined by the agency head with due regard to the type of property involved and other relevant considerations, had to be given for a period of at least fifteen days, wherever practicable, as determined by the agency head. Subsec. (c)(1). Pub. L. 98-369, Sec. 2714(a)(1)(B), redesignated subsec. (e) as (c)(1), substituted reference to this subchapter for reference to this section in provisions preceding subpar. (A), in subpar. (B), substituted provisions relating to contracts using procedures other than sealed-bid procedures under section 253(a)(2)(A) of this title for provisions relating to contracts negotiated without advertising as required by section 253 of this title. Former subsec. (c), which related to conditions for negotiated purchases and contracts for property, was struck out. Subsec. (c)(2). Pub. L. 98-369, Sec. 2714(a)(1)(B), added par. (2). Subsec. (d). Pub. L. 98-369, Sec. 2714(a)(1)(B), struck out subsec. (d) which related to bids in violation of the antitrust laws. Subsec. (e). Pub. L. 98-369, Sec. 2714(a)(1)(B), redesignated subsec. (e) as (c)(1). Subsec. (f). Pub. L. 98-369, Sec. 2714(a)(1)(B), struck out subsec. (f) which related to specification of container size in contracts for the carriage of Government property in other than Government-owned cargo containers. 1983 - Subsec. (c)(3). Pub. L. 98-191 substituted "$25,000" for "$10,000". 1974 - Subsec. (c)(3). Pub. L. 93-356 substituted "$10,000" for "$2,500". 1968 - Subsec. (f). Pub. L. 90-268 added subsec. (f). 1965 - Subsec. (a). Pub. L. 89-343, Sec. 1, substituted provisions requiring executive agencies to make purchases and contracts for property and services in accordance with the provisions of this subchapter and implementing regulations of the Administrator, exempting the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration from the application of this subchapter, and making this subchapter inapplicable when it is so made by law, for provisions which made this subchapter applicable to purchases and contracts for property or services made by the General Services Administration for the use of such agency or otherwise, or by any other executive agency (except the departments and activities specified in section 2303(a) of Title 10) in conformity with authority to apply such provisions delegated by the Administrator in his discretion. Subsec. (c)(11). Pub. L. 89-348 struck out proviso which required a semiannual report to be furnished to the Congress setting forth the name of each contractor with whom a contract has been entered into pursuant to this paragraph, the amount of the contract, and, with due consideration given to the national security, a description of the work required to be performed thereunder. Subsec. (c)(15). Pub. L. 89-343, Sec. 2, inserted "except that section 254 of this title shall apply to purchases and contracts made without advertising under this paragraph". 1958 - Subsec. (a). Pub. L. 85-800, Sec. 1, among other changes, substituted "or" for "and" in par. (1), substituted provisions excepting application of subchapter to departments and activities in section 2303(a) of title 10 for provisions which excepted agencies named in section 151(a) of this title, substituted provisions applying subchapter to agencies in conformity with authority delegated by Administrator in his discretion for provisions which applied chapter in conformity with authority delegated him pursuant to this subsection, and eliminated provisions authorizing Administrator to delegate authority for use of two or more agencies, and other cases where delegation is advantageous to Government in par. (2). Subsec. (c). Pub. L. 85-800, Sec. 2, substituted in par. (3) "$2,500" for "$1,000", struck out proviso barring agencies other than General Services Administration from making purchases in excess of $500 except under authority to procure for two or more agencies, added par. (9), and renumbered former pars. (9) to (14) as pars. (10) to (15). Subsec. (e). Pub. L. 85-800, Sec. 3, substituted "(10) to (12), or (14)" for "(9) to (11), or (13)". 1952 - Subsecs. (a) to (c). Act July 12, 1952, substituted "property" for "supplies" wherever appearing. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as a note under section 251 of this title. EFFECTIVE DATE Section 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. -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. -MISC2- EMERGENCY RELIEF FOR SMALL BUSINESS CONCERNS WITH GOVERNMENT CONTRACTS Pub. L. 94-190, Dec. 31, 1975, 89 Stat. 1095, provided: "SHORT TITLE "Section 1. This Act may be cited as the 'Small Business Emergency Relief Act'. "POLICY "Sec. 2. It is the policy of Congress to provide relief to small business concerns which have fixed-price Government contracts in cases where such concerns have suffered or can be expected to suffer serious financial loss because of significant and unavoidable difficulties during performance because of the energy crisis or rapid and unexpected escalations of contract costs. "DEFINITIONS "Sec. 3. As used in this Act - "(1) the term 'executive agency' means an executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1) respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the Government Corporation Control Act [section 9101(3) of Title 31, Money and Finance]; and "(2) the term 'small business concern' means any concern which falls under the size limitations of the 'Small Business Administrator's Definitions of Small Business for Government Procurement'. "AUTHORITY "Sec. 4. (a) Pursuant to an application by a small business concern, the head of any executive agency may terminate for the convenience of the Government any fixed-price contract between that agency and such small business concern, upon a finding that - "(1) during the performance of the contract, the concern has suffered or can be expected to suffer serious financial loss due to significant unanticipated cost increases directly affecting the cost of contract compliance; and "(2) the conditions which have caused or are causing such cost increases were, or are being, experienced generally by other small business concerns in the market at the same time and are not caused by negligence, underbidding, or other special management factors peculiar to that small business concern. "(b) Upon application under subsection (a) by a small business concern to terminate a fixed-price contract between an executive agency and such small business concern, the head of the executive agency may modify the terms of the contract in lieu of termination for the convenience of the Government only if he finds after review of the application that - "(1)(a) the agency would reprocure the supplies or services in the event that the contract was terminated for the convenience of the Government; and "(b) the cost of terminating the contract for the convenience of the Government plus the cost of reprocurement would exceed the amount of the contract as modified; and "(2) Any such modification shall be made in compliance with cost comparison and compensation guidelines to be issued by the Administrator of the Office of Federal Procurement Policy. Such cost comparison and compensation guidelines shall be promulgated by the Administrator not later than 10 days after enactment of this Act [Dec. 31, 1975]. "(c) If a small business concern in performance of a fixed-price Government contract experiences or has experienced shortages of energy, petroleum products, or products or components manufactured or derived therefrom or impacted thereby, and such shortages result in a delay in the performance of a contract, the head of the agency, or his designee, shall provide by modification to the contract for an appropriate extension of the contract delivery date or period of performance. "(d) A small business concern requesting relief under subsection (a) shall support that request with the following documentation and certification: "(1) a brief description of the contract, indicating the date of execution and of any amendment thereto, the items being procured, the price and delivery schedule, and any revision thereof, and any other special contractual provision as may be relevant to the request; "(2) a history of performance indicating when work under the contract or commitment was begun, the progress made as of the date of the application, an exact statement of the contractor's remaining obligations, and the contractor's expectations regarding completion thereof; "(3) a statement of the factors which have caused the loss under the contract; "(4) a statement as to the course of events anticipated if the request is denied; "(5) a statement of payments received, payments due and payments yet to be received or to become due, including advance and progress payments, and amounts withheld by the Government, and information as to other obligations of the Government, if any, which are yet to be performed under the contract; "(6) a statement and evidence of the contractor's original breakdown of estimated costs, including contingency allowances and profit; "(7) a statement and evidence of the contractor's present estimate of total costs under the contract if enabled to complete, broken down between costs accrued to date of request, and runout costs, and as between costs for which the contractor has made payment and those for which he is indebted at the time of the request; "(8) a statement and evidence of the contractor's estimate of the final price of the contract, giving effect to all escalation, changes, extras, and other comparable factors known or contemplated by the contractor; "(9) a statement of any claims known or contemplated by the contractor against the Government involving the contract in question, other than those referred to under (8) above; "(10) an estimate of the contractor's total profit or loss under the contract if required to complete at the original contract price; "(11) an estimate of the total profits from other Government business, and all other sources, during the period from the date of the first contract involved to the latest estimated date of completion of any other contracts involved; "(12) balance sheets, certified by a certified public accountant, as of the end of the contractor's fiscal year first preceding the date of the first contract, as of the end of each subsequent fiscal year, and as of the date of the request together with income statements for annual periods subsequent to the date of the first balance sheet; and "(13) a list of all salaries, bonuses, and all other forms of compensation of the principal officers or partners and of all dividends and other withdrawals, and all payments to stockholders in any form since the date of the first contract involved. "DELEGATION "Sec. 5. The head of each executive agency shall delegate authority conferred by this Act, to the extent practicable, to an appropriate level that will permit the expeditious processing of applications under this Act and to insure the uniformity of its application. "LIMITATIONS "Sec. 6. (a) The authority prescribed in section 4(a) shall apply only to contracts which have not been completely performed or otherwise terminated and which were entered into during the period from August 15, 1971, through October 31, 1974. "(b) The authority conferred by section 4(a) of this Act shall terminate September 30, 1976." 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. -EXEC- EXECUTIVE ORDER NO. 10936 Ex. Ord. No. 10936, Apr. 24, 1961, 26 F.R. 3555, which provided for the reporting and investigation of identical bids in connection with the procurement of goods or services, was revoked by Ex. Ord. No. 12430, July 6, 1983, 48 F.R. 31371. -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -End- -CITE- 41 USC Sec. 252a 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252a. Simplified acquisition threshold -STATUTE- (a) Simplified acquisition threshold For purposes of acquisitions by executive agencies, the simplified acquisition threshold is as specified in section 403(11) of this title. (b) Inapplicable laws No law properly listed in the Federal Acquisition Regulation pursuant to section 429 of this title shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302A, as added and amended Pub. L. 103-355, title IV, Secs. 4003, 4103(a), Oct. 13, 1994, 108 Stat. 3338, 3341.) -MISC1- AMENDMENTS 1994 - Subsec. (b). Pub. L. 103-355, Sec. 4103(a), added subsec. (b). EFFECTIVE DATE For effective date and applicability of section, 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 Sec. 252b 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252b. Implementation of simplified acquisition procedures -STATUTE- The simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to section 427 of this title shall apply in executive agencies as provided in such section. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302B, as added Pub. L. 103- 355, title IV, Sec. 4203(b), Oct. 13, 1994, 108 Stat. 3346.) -MISC1- EFFECTIVE DATE For effective date and applicability of section, 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 Sec. 252c 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 252c. Implementation of electronic commerce capability -STATUTE- (a) Implementation of electronic commerce capability (1) The head of each executive agency shall implement the electronic commerce capability required by section 426 of this title. (2) In implementing the electronic commerce capability pursuant to paragraph (1), the head of an executive agency shall consult with the Administrator for Federal Procurement Policy. (b) Designation of agency official The head of each executive agency shall designate a program manager to implement the electronic commerce capability for that agency. The program manager shall report directly to an official at a level not lower than the senior procurement executive designated for the executive agency under section 414(3) (!1) of this title. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 302C, as added Pub. L. 103- 355, title IX, Sec. 9003, Oct. 13, 1994, 108 Stat. 3403; amended Pub. L. 105-85, div. A, title VIII, Sec. 850(f)(4)(A), Nov. 18, 1997, 111 Stat. 1850.) -REFTEXT- REFERENCES IN TEXT Section 414 of this title, referred to in subsec. (b), was amended generally by Pub. L. 108-136, div. A, title XIV, Sec. 1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, no longer contains a par. (3). See section 414(c)(1) of this title. -MISC1- AMENDMENTS 1997 - Pub. L. 105-85 amended section catchline and text generally. Prior to amendment, text read as follows: "(a) Implementation of FACNET Capability. - (1) The head of each executive agency shall implement the Federal acquisition computer network ('FACNET') capability required by section 426 of this title. "(2) In implementing the FACNET capability pursuant to paragraph (1), the head of an executive agency shall consult with the Administrator for Federal Procurement Policy. "(b) Designation of Agency Official. - The head of each executive agency shall designate a program manager to have responsibility for implementation of FACNET capability for that agency and otherwise to implement this section. Such program manager shall report directly to the senior procurement executive designated for the executive agency under section 414(3) of this title." EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out as a note under section 2302c of Title 10, Armed Forces. EFFECTIVE DATE For effective date and applicability of section, see section 10001 of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note under section 251 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 253 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 253. Competition requirements -STATUTE- (a) Procurement through full and open competition; competitive procedures (1) Except as provided in subsections (b), (c), and (g) of this section and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services - (A) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this subchapter and the Federal Acquisition Regulation; and (B) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement. (2) In determining the competitive procedures appropriate under the circumstance, an executive agency - (A) shall solicit sealed bids if - (i) time permits the solicitation, submission, and evaluation of sealed bids; (ii) the award will be made on the basis of price and other price-related factors; (iii) it is not necessary to conduct discussions with the responding sources about their bids; and (iv) there is a reasonable expectation of receiving more than one sealed bid; and (B) shall request competitive proposals if sealed bids are not appropriate under clause (A). (b) Exclusion of particular source; restriction of solicitation to small business concerns (1) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures but excluding a particular source in order to establish or maintain any alternative source or sources of supply for that property or service if the agency head determines that to do so - (A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of such property or services; (B) would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization; (C) would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; (D) would ensure the continuous availability of a reliable source of supply of such property or service; (E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or (F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies. (2) An executive agency may provide for the procurement of property or services covered by this section using competitive procedures, but excluding other than small business concerns in furtherance of sections 638 and 644 of title 15. (3) A contract awarded pursuant to the competitive procedures referred to in paragraphs (1) and (2) shall not be subject to the justification and approval required by subsection (f)(1) of this section. (4) A determination under paragraph (1) may not be made for a class of purchases or contracts. (c) Use of noncompetitive procedures An executive agency may use procedures other than competitive procedures only when - (1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency; (2) the executive agency's need for the property or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals; (3) it is necessary to award the contract to a particular source or sources in order (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization, (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify; (4) the terms of an international agreement or treaty between the United States Government and a foreign government or international organization, or the written directions of a foreign government reimbursing the executive agency for the cost of the procurement of the property or services for such government, have the effect of requiring the use of procedures other than competitive procedures; (5) subject to subsection (h) (!1) of this section, a statute expressly authorizes or requires that the procurement be made through another executive agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale; (6) the disclosure of the executive agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; or (7) the head of the executive agency - (A) determines that it is necessary in the public interest to use procedures other than competitive procedures in the particular procurement concerned, and (B) notifies the Congress in writing of such determination not less than 30 days before the award of the contract. (d) Property or services deemed available from only one source; nondelegable authority (1) For the purposes of applying subsection (c)(1) of this section - (A) in the case of a contract for property or services to be awarded on the basis of acceptance of an unsolicited research proposal, the property or services shall be considered to be available from only one source if the source has submitted an unsolicited research proposal that demonstrates a unique and innovative concept the substance of which is not otherwise available to the United States and does not resemble the substance of a pending competitive procurement; and (B) in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment when it is likely that award to a source other than the original source would result in (i) substantial duplication of cost to the Government which is not expected to be recovered through competition, or (ii) unacceptable delays in fulfilling the executive agency's needs, such property may be deemed to be available only from the original source and may be procured through procedures other than competitive procedures. (2) The authority of the head of an executive agency under subsection (c)(7) of this section may not be delegated. (e) Offer requests to potential sources An executive agency using procedures other than competitive procedures to procure property or services by reason of the application of subsection (c)(2) or (c)(6) of this section shall request offers from as many potential sources as is practicable under the circumstances. (f) Justification for use of noncompetitive procedures (1) Except as provided in paragraph (2), an executive agency may not award a contract using procedures other than competitive procedures unless - (A) the contracting officer for the contract justifies the use of such procedures in writing and certifies the accuracy and completeness of the justification; (B) the justification is approved - (i) in the case of a contract for an amount exceeding $500,000 (but equal to or less than $10,000,000), by the competition advocate for the procuring activity (without further delegation) or by an official referred to in clause (ii) or (iii); and (ii) in the case of a contract for an amount exceeding $10,000,000 (but equal to or less than $50,000,000), by the head of the procuring activity or a delegate who, if a member of the armed forces, is a general or flag officer or, if a civilian, is serving in a position in grade GS-16 or above under the General Schedule (or in a comparable or higher position under another schedule); or (iii) in the case of a contract for an amount exceeding $50,000,000, by the senior procurement executive of the agency designated pursuant to section 414(3) (!1) of this title (without further delegation); and (C) any required notice has been published with respect to such contract pursuant to section 416 of this title and all bids or proposals received in response to such notice have been considered by such executive agency. (2) In the case of a procurement permitted by subsection (c)(2), the justification and approval required by paragraph (1) may be made after the contract is awarded. The justification and approval required by paragraph (1) is not required - (A) when a statute expressly requires that the procurement be made from a specified source; (B) when the agency's need is for a brand-name commercial item for authorized resale; (C) in the case of a procurement permitted by subsection (c)(7) of this section; or (D) in the case of a procurement conducted under (i) the Javits- Wagner-O'Day Act (41 U.S.C. 46 et seq.), or (ii) section 637(a) of title 15. (3) The justification required by paragraph (1)(A) shall include - (A) a description of the agency's needs; (B) an identification of the statutory exception from the requirement to use competitive procedures and a demonstration, based on the proposed contractor's qualifications or the nature of the procurement, of the reasons for using that exception; (C) a determination that the anticipated cost will be fair and reasonable; (D) a description of the market survey conducted or a statement of the reasons a market survey was not conducted; (E) a listing of the sources, if any, that expressed in writing an interest in the procurement; and (F) a statement of the actions, if any, the agency may take to remove or overcome a barrier to competition before a subsequent procurement for such needs. (4) The justification required by paragraph (1)(A) and any related information shall be made available for inspection by the public consistent with the provisions of section 552 of title 5. (5) In no case may an executive agency - (A) enter into a contract for property or services using procedures other than competitive procedures on the basis of the lack of advance planning or concerns related to the amount of funds available to the agency for procurement functions; or (B) procure property or services from another executive agency unless such other executive agency complies fully with the requirements of this subchapter in its procurement of such property or services. The restriction set out in clause (B) is in addition to, and not in lieu of, any other restriction provided by law. (g) Simplified procedures for small purchases (1) In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for - (A) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and (B) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items. (2)(A) The Administrator of General Services shall prescribe regulations that provide special simplified procedures for acquisitions of leasehold interests in real property at rental rates that do not exceed the simplified acquisition threshold. (B) For purposes of subparagraph (A), the rental rate or rates under a multiyear lease do not exceed the simplified acquisition threshold if the average annual amount of the rent payable for the period of the lease does not exceed the simplified acquisition threshold. (3) A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by paragraph (1). (4) In using the simplified procedures, an executive agency shall promote competition to the maximum extent practicable. (5) An executive agency shall comply with the Federal Acquisition Regulation provisions referred to in section 427(f) of this title. (h) Efficient implementation of requirement The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government's requirements. (i) Merit-based award of contracts (1) It is the policy of Congress that an executive agency should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures. (2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law - (A) specifically refers to this subsection; (B) specifically identifies the particular non-Federal Government entity involved; and (C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1). (3) For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a preceding contract. (4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on such matters to the Congress or any agency of the Federal Government. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 303, 63 Stat. 395; July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594; Pub. L. 90-268, Sec. 2, Mar. 16, 1968, 82 Stat. 49; Pub. L. 98-369, div. B, title VII, Sec. 2711(a)(1), July 18, 1984, 98 Stat. 1175; Pub. L. 98-577, title V, Sec. 504(a)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99-145, title IX, Sec. 961(a)(2), title XIII, Sec. 1304(c)(2), (3), Nov. 8, 1985, 99 Stat. 703, 742; Pub. L. 101-510, div. A, title VIII, Sec. 806(c), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 103-355, title I, Secs. 1051-1053, 1055(a), title IV, Sec. 4402(a), title VII, Sec. 7203(b)(1), Oct. 13, 1994, 108 Stat. 3260, 3261, 3265, 3348, 3380; Pub. L. 104-106, div. D, title XLI, Secs. 4101(b), 4102(b), title XLII, Sec. 4202(b)(1), title XLIII, Sec. 4321(e)(2), Feb. 10, 1996, 110 Stat. 642, 643, 653, 674; Pub. L. 104-320, Secs. 7(a)(2), 11(c)(2), Oct. 19, 1996, 110 Stat. 3871, 3873; Pub. L. 105-85, div. A, title VIII, Sec. 850(f)(4)(B), Nov. 18, 1997, 111 Stat. 1850.) -REFTEXT- REFERENCES IN TEXT Subsection (h) of this section, referred to in subsec. (c)(5), was redesignated subsec. (i) and a new subsec. (h) was added by Pub. L. 104-106, div. D, title XLI, Sec. 4101(b), Feb. 10, 1996, 110 Stat. 642. Section 414 of this title, referred to in subsec. (f)(1)(B)(iii), was amended generally by Pub. L. 108-136, div. A, title XIV, Sec. 1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, no longer contains a par. (3). See section 414(c)(1) of this title. The Javits-Wagner-O'Day Act, referred to in subsec. (f)(2)(D), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of this title. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1997 - Subsec. (g)(5). Pub. L. 105-85 substituted "section 427(f)" for "section 427(g)". 1996 - Subsec. (c)(3)(C). Pub. L. 104-320 substituted "agency, or to procure the services of an expert or neutral for use" for "agency, or" and inserted "or negotiated rulemaking" after "alternative dispute resolution". Subsec. (f)(1)(B)(i). Pub. L. 104-106, Sec. 4102(b)(1), substituted "$500,000 (but equal to or less than $10,000,000)" for "$100,000 (but equal to or less than $1,000,000)" and "(ii) or (iii); and" for "(ii), (iii), or (iv);". Subsec. (f)(1)(B)(ii). Pub. L. 104-106, Sec. 4102(b)(2), substituted "$10,000,000 (but equal to or less than $50,000,000)" for "$1,000,000 (but equal to or less than $10,000,000)" and "civilian," for "civilian;". Subsec. (f)(1)(B)(iii). Pub. L. 104-106, Sec. 4102(b)(3), substituted "$50,000,000" for "$10,000,000". Subsec. (f)(2)(D). Pub. L. 104-106, Sec. 4321(e)(2), substituted "the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)," for "the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act,". Subsec. (g)(1). Pub. L. 104-106, Sec. 4202(b)(1)(A), substituted "shall provided for - " for "shall provide for special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold." and added subpars. (A) and (B). Subsec. (g)(5). Pub. L. 104-106, Sec. 4202(b)(1)(B), added par. (5). Subsecs. (h), (i). Pub. L. 104-106, Sec. 4101(b), added subsec. (h) and redesignated former subsec. (h) as (i). 1994 - Subsec. (a)(1)(A). Pub. L. 103-355, Sec. 1051(1), substituted "Federal Acquisition Regulation" for "modifications to regulations promulgated pursuant to section 2752 of the Competition in Contracting Act of 1984". Subsec. (b)(1)(D) to (F). Pub. L. 103-355, Sec. 1052(a), added subpars. (D) to (F). Subsec. (b)(4). Pub. L. 103-355, Sec. 1052(b), added par. (4). Subsec. (c)(3). Pub. L. 103-355, Sec. 1055(a), struck out "or" before "(B)" and inserted ", or" and cl. (C) before period at end. Subsec. (c)(5). Pub. L. 103-355, Sec. 7203(b)(1)(A), inserted "subject to subsection (h) of this section," before "a statute". Subsec. (f)(1)(B)(i). Pub. L. 103-355, Sec. 1053, inserted before semicolon at end "or by an official referred to in clause (ii), (iii), or (iv)". Subsec. (g)(1). Pub. L. 103-355, Sec. 4402(a)(1)(A), substituted "purchases of property and services for amounts not greater than the simplified acquisition threshold" for "small purchases of property and services". Pub. L. 103-355, Secs. 1051(2), 4402(a)(1)(B), amended par. (1) identically, substituting "Federal Acquisition Regulation" for "regulations modified, in accordance with section 2752 of the Competition in Contracting Act of 1984,". Subsec. (g)(2). Pub. L. 103-355, Sec. 4402(a)(2), added par. (2) and struck out former par. (2) which read as follows: "For the purposes of this subchapter, a small purchase is a purchase or contract for an amount which does not exceed the small purchase threshold." Subsec. (g)(3). Pub. L. 103-355, Sec. 4402(a)(3), substituted "simplified acquisition threshold" for "small purchase threshold" and "simplified procedures" for "small purchase procedures". Subsec. (g)(4). Pub. L. 103-355, Sec. 4402(a)(4), substituted "the simplified procedures" for "small purchase procedures". Subsec. (g)(5). Pub. L. 103-355, Sec. 4402(a)(5), struck out par. (5) which read as follows: "In this subsection, the term 'small purchase threshold' has the meaning given such term in section 403(11) of this title." Subsec. (h). Pub. L. 103-355, Sec. 7203(b)(1)(B), added subsec. (h). 1990 - Subsec. (g)(2), (3). Pub. L. 101-510, Sec. 806(c)(1), (2), substituted "the small purchase threshold" for "$25,000". Subsec. (g)(5). Pub. L. 101-510, Sec. 806(c)(3), added par. (5). 1985 - Subsec. (f)(1)(C). Pub. L. 99-145, Sec. 1304(c)(2), substituted "any" for "Any". Subsec. (f)(2). Pub. L. 99-145, Sec. 961(a)(2), added subpars. (A) and (B), designated existing provision as subpar. (C), and redesignated as subpar. (D), cls. (i) and (ii) provisions previously designated subpars. (A) and (B), substituting in cl. (ii) "section 637(a) of title 15" for "the authority of section 637(a) of title 15". Subsec.(g)(1). Pub. L. 99-145, Sec. 1304(c)(3), inserted a comma after "1984". 1984 - Subsec. (a). Pub. L. 98-369 substituted provisions requiring procurement through full and open competition for provisions requiring advertisement for bids to be made a sufficient time prior to the purchase or contract and to permit full and free competition, and struck out provision that no advertisement or bid invitation for carriage of Government property in other than Government-owned cargo containers could specify carriage in cargo containers of any stated length, height, or width. Subsec. (b). Pub. L. 98-369 substituted provisions regarding the exclusion of a particular source of property or services from competitive procedures for provisions regarding the opening of bids and procedures for awards, and inserted provision that in fulfilling the statutory requirements relating to small business concerns and socially and economically disadvantaged small business concerns, an executive agency shall use competitive procedures but may restrict a solicitation to allow only such business concerns to compete. Subsec. (b)(2). Pub. L. 98-577, Sec. 504(a)(1), substituted provisions to the effect that executive agencies may provide for procurement of property or services covered by this section using competitive procedures but excluding other than small business concerns for former provisions which provided that executive agencies shall use competitive procedures but may restrict a solicitation to allow only such small business concerns to compete. Subsec. (b)(3). Pub. L. 98-577, Sec. 504(a)(1), added par. (3). Subsecs. (c) to (g). Pub. L. 98-369 added subsecs. (c) to (g). Subsec. (f)(2). Pub. L. 98-577, Sec. 504(a)(2), designated the final sentence as subpar. (A) and added subpar. (B). 1968 - Subsec. (a). Pub. L. 90-268 inserted provision that no advertisement or invitation to bid for carriage of Government property in other than Government-owned cargo containers shall specify carriage of such property in cargo containers of any stated length, height, or width. 1952 - Subsec. (a). Act July 12, 1952, substituted "property" for "supplies". EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out as a note under section 2302c of Title 10, Armed Forces. 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. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by section 961(a)(2) of Pub. L. 99-145 effective as if included in enactment of Competition in Contracting Act of 1984, Pub. L. 98-369, div. B, title VII, see section 961(e) of Pub. L. 99- 145, set out as a note under section 2304 of Title 10, Armed Forces. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as a note under section 251 of this title. EFFECTIVE DATE Section 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. TERMINATION OF AUTHORITY TO ISSUE SOLICITATIONS FOR PURCHASES OF COMMERCIAL ITEMS IN EXCESS OF SIMPLIFIED ACQUISITION THRESHOLD Authority to issue solicitations for purchases of commercial items in excess of simplified acquisition threshold pursuant to special simplified procedures authorized by subsec. (g)(1) of this section to expire three years after date certain amendments by section 4202 of Pub. L. 104-106 take effect pursuant to section 4401(b) of Pub. L. 104-106, set out as a note under section 251 of this title, see section 4202(e) of Pub. L. 104-106, set out as a note under section 2304 of Title 10, Armed Forces. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. PUBLIC DISCLOSURE OF NONCOMPETITIVE CONTRACTING FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ Pub. L. 108-136, div. A, title XIV, Sec. 1442, Nov. 24, 2003, 117 Stat. 1674, provided that: "(a) Disclosure Required. - "(1) Publication and public availability. - The head of an executive agency of the United States that enters into a contract for the repair, maintenance, or construction of infrastructure in Iraq without full and open competition shall publish in the Federal Register or Commerce Business Daily and otherwise make available to the public, not later than 30 days after the date on which the contract is entered into, the following information: "(A) The amount of the contract. "(B) A brief description of the scope of the contract. "(C) A discussion of how the executive agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers. "(D) The justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. "(2) Inapplicability to contracts after fiscal year 2005. - Paragraph (1) does not apply to a contract entered into after September 30, 2005. "(b) Classified Information. - "(1) Authority to withhold. - The head of an executive agency may - "(A) withhold from publication and disclosure under subsection (a) any document that is classified for restricted access in accordance with an Executive order in the interest of national defense or foreign policy; and "(B) redact any part so classified that is in a document not so classified before publication and disclosure of the document under subsection (a). "(2) Availability to congress. - In any case in which the head of an executive agency withholds information under paragraph (1), the head of such executive agency shall make available an unredacted version of the document containing that information to the chairman and ranking member of each of the following committees of Congress: "(A) The Committee on Governmental Affairs of the Senate and the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives. "(B) The Committees on Appropriations of the Senate and House of Representatives. "(C) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of such department or agency to which the information relates. "(c) Fiscal Year 2003 Contracts. - This section shall apply to contracts entered into on or after October 1, 2002, except that, in the case of a contract entered into before the date of the enactment of this Act [Nov. 24, 2003], subsection (a) shall be applied as if the contract had been entered into on the date of the enactment of this Act. "(d) Relationship to Other Disclosure Laws. - Nothing in this section shall be construed as affecting obligations to disclose United States Government information under any other provision of law. "(e) Definitions. - In this section, the terms 'executive agency' and 'full and open competition' have the meanings given such terms in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)." SMALL BUSINESS ACT Section 2711(c) of Pub. L. 98-369 provided that: "The amendments made by this section [amending this section and section 259 of this title and enacting sections 253a and 253b of this title] do not supersede or affect the provisions of section 8(a) of the Small Business Act (15 U.S.C. 637(a))." -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 41 USC Sec. 253a 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 253a. Planning and solicitation requirements -STATUTE- (a) Preparation; planning; specifications in solicitation (1) In preparing for the procurement of property or services, an executive agency shall - (A) specify its needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement; (B) use advance procurement planning and market research; and (C) develop specifications in such manner as is necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired. (2) Each solicitation under this subchapter shall include specifications which - (A) consistent with the provisions of this subchapter, permit full and open competition; (B) include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the executive agency or as authorized by law. (3) For the purposes of paragraphs (1) and (2), the type of specification included in a solicitation shall depend on the nature of the needs of the executive agency and the market available to satisfy such needs. Subject to such needs, specifications may be stated in terms of - (A) function, so that a variety of products or services may qualify; (B) performance, including specifications of the range of acceptable characteristics or of the minimum acceptable standards; or (C) design requirements. (b) Contents of solicitation In addition to the specifications described in subsection (a) of this section, each solicitation for sealed bids or competitive proposals (other than for a procurement for commercial items using special simplified procedures or a purchase for an amount not greater than the simplified acquisition threshold) shall at a minimum include - (1) a statement of - (A) all significant factors and significant subfactors which the executive agency reasonably expects to consider in evaluating sealed bids (including price) or competitive proposals (including cost or price, cost-related or price- related factors and subfactors, and noncost-related or nonprice-related factors and subfactors); and (B) the relative importance assigned to each of those factors and subfactors; and (2)(A) in the case of sealed bids - (i) a statement that sealed bids will be evaluated without discussions with the bidders; and (ii) the time and place for the opening of the sealed bids; or (B) in the case of competitive proposals - (i) either a statement that the proposals are intended to be evaluated with, and award made after, discussions with the offerors, or a statement that the proposals are intended to be evaluated, and award made, without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) unless discussions are determined to be necessary; and (ii) the time and place for submission of proposals. (c) Evaluation factors (1) In prescribing the evaluation factors to be included in each solicitation for competitive proposals, an executive agency - (A) shall clearly establish the relative importance assigned to the evaluation factors and subfactors, including the quality of the product or services to be provided (including technical capability, management capability, prior experience, and past performance of the offeror); (B) shall include cost or price to the Federal Government as an evaluation factor that must be considered in the evaluation of proposals; and (C) shall disclose to offerors whether all evaluation factors other than cost or price, when combined, are - (i) significantly more important than cost or price; (ii) approximately equal in importance to cost or price; or (iii) significantly less important than cost or price. (2) The regulations implementing subparagraph (C) of paragraph (1) may not define the terms "significantly more important" and "significantly less important" as specific numeric weights that would be applied uniformly to all solicitations or a class of solicitations. (d) Additional information in solicitation Nothing in this section prohibits an executive agency from - (1) providing additional information in a solicitation, including numeric weights for all evaluation factors and subfactors on a case-by-case basis; or (2) stating in a solicitation that award will be made to the offeror that meets the solicitation's mandatory requirements at the lowest cost or price. (e) Evaluation of purchase options An executive agency, in issuing a solicitation for a contract to be awarded using sealed bid procedures, may not include in such solicitation a clause providing for the evaluation of prices for options to purchase additional property or services under the contract unless the executive agency has determined that there is a reasonable likelihood that the options will be exercised. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 303A, as added Pub. L. 98- 369, div. B, title VII, Sec. 2711(a)(2), July 18, 1984, 98 Stat. 1178; amended Pub. L. 103-355, title I, Secs. 1061(a), (b), 1062, title IV, Sec. 4402(b), Oct. 13, 1994, 108 Stat. 3266, 3267, 3348; Pub. L. 104-106, div. D, title XLII, Sec. 4202(b)(2), Feb. 10, 1996, 110 Stat. 653.) -MISC1- AMENDMENTS 1996 - Subsec. (b). Pub. L. 104-106 inserted "a procurement for commercial items using special simplified procedures or" after "(other than for" in introductory provisions. 1994 - Subsec. (b). Pub. L. 103-355, Sec. 4402(b), substituted "a purchase for an amount not greater than the simplified acquisition threshold)" for "small purchases)" in introductory provisions. Subsec. (b)(1)(A). Pub. L. 103-355, Sec. 1061(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "all significant factors (including price) which the executive agency reasonably expects to consider in evaluating sealed bids or competitive proposals; and". Subsec. (b)(1)(B). Pub. L. 103-355, Sec. 1061(a)(1)(B), substituted "factors and subfactors" for "factors". Subsec. (b)(2)(B)(i). Pub. L. 103-355, Sec. 1061(a)(2), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "a statement that the proposals are intended to be evaluated with, and awards made after, discussions with the offerors, but might be evaluated and awarded without discussions with the offerors; and". Subsecs. (c), (d). Pub. L. 103-355, Sec. 1061(b), added subsecs. (c) and (d). Subsec. (e). Pub. L. 103-355, Sec. 1062, added subsec. (e). 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. EFFECTIVE DATE Section applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as an Effective Date of 1984 Amendment note under section 251 of this title. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRACTORS Pub. L. 108-136, div. A, title XIV, Sec. 1428, Nov. 24, 2003, 117 Stat. 1670, provided that: "(a) Amendment to the Federal Acquisition Regulation. - Not later than 180 days after the date of the enactment of this Act [Nov. 24, 2003], the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) to permit telecommuting by employees of Federal Government contractors in the performance of contracts entered into with executive agencies. "(b) Content of Amendment. - The regulation issued pursuant to subsection (a) shall, at a minimum, provide that solicitations for the acquisition of property or services may not set forth any requirement or evaluation criteria that would - "(1) render an offeror ineligible to enter into a contract on the basis of the inclusion of a plan of the offeror to permit the offeror's employees to telecommute, unless the contracting officer concerned first determines that the requirements of the agency, including security requirements, cannot be met if the telecommuting is permitted and documents in writing the basis for that determination; or "(2) reduce the scoring of an offer on the basis of the inclusion in the offer of a plan of the offeror to permit the offeror's employees to telecommute, unless the contracting officer concerned first determines that the requirements of the agency, including security requirements, would be adversely impacted if telecommuting is permitted and documents in writing the basis for that determination. "(c) Definition. - In this section, the term 'executive agency' has the meaning given that term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))." SMALL BUSINESS ACT Section not to affect or supersede the provisions of section 637(a) of Title 15, Commerce and Trade, see section 2711(c) of Pub. L. 98-369, set out as a note under section 253 of this title. -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -End- -CITE- 41 USC Sec. 253b 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 253b. Evaluation and award -STATUTE- (a) Basis An executive agency shall evaluate sealed bids and competitive proposals, and award a contract, based solely on the factors specified in the solicitation. (b) Rejection of bids or proposals All sealed bids or competitive proposals received in response to a solicitation may be rejected if the agency head determines that such action is in the public interest. (c) Opening of bids; promptness of award; written notice Sealed bids shall be opened publicly at the time and place stated in the solicitation. The executive agency shall evaluate the bids in accordance with subsection (a) of this section without discussions with the bidders and, except as provided in subsection (b) of this section, shall award a contract with reasonable promptness to the responsible source whose bid conforms to the solicitation and is most advantageous to the United States, considering only price and the other price-related factors included in the solicitation. The award of a contract shall be made by transmitting, in writing or by electronic means, notice of the award to the successful bidder. Within 3 days after the date of contract award, the executive agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded. (d) Discussions with offerors; written notification (1) An executive agency shall evaluate competitive proposals in accordance with subsection (a) of this section and may award a contract - (A) after discussions with the offerors, provided that written or oral discussions have been conducted with all responsible offerors who submit proposals within the competitive range; or (B) based on the proposals received and without discussions with the offerors (other than discussions conducted for the purpose of minor clarification), if, as required by section 253a(b)(2)(B)(i) of this title, the solicitation included a statement that proposals are intended to be evaluated, and award made, without discussions, unless discussions are determined to be necessary. (2) If the contracting officer determines that the number of offerors that would otherwise be included in the competitive range under paragraph (1)(A) exceeds the number at which an efficient competition can be conducted, the contracting officer may limit the number of proposals in the competitive range, in accordance with the criteria specified in the solicitation, to the greatest number that will permit an efficient competition among the offerors rated most highly in accordance with such criteria. (3) Except as otherwise provided in subsection (b) of this section, the executive agency shall award a contract with reasonable promptness to the responsible source whose proposal is most advantageous to the United States, considering only cost or price and the other factors included in the solicitation. The executive agency shall award the contract by transmitting, in writing or by electronic means, notice of the award to such source and, within 3 days after the date of contract award, shall notify, in writing or by electronic means, all other offerors of the rejection of their proposals. (e) Post-award debriefings (1) When a contract is awarded by the head of an executive agency on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award. The executive agency shall debrief the offeror within, to the maximum extent practicable, 5 days after receipt of the request by the executive agency. (2) The debriefing shall include, at a minimum - (A) the executive agency's evaluation of the significant weak or deficient factors in the offeror's offer; (B) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror; (C) the overall ranking of all offers; (D) a summary of the rationale for the award; (E) in the case of a proposal that includes a commercial item that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract; and (F) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency. (3) The debriefing may not include point-by-point comparisons of the debriefed offeror's offer with other offers and may not disclose any information that is exempt from disclosure under section 552(b) of title 5. (4) Each solicitation for competitive proposals shall include a statement that information described in paragraph (2) may be disclosed in post-award debriefings. (5) If, within one year after the date of the contract award and as a result of a successful procurement protest, the executive agency seeks to fulfill the requirement under the protested contract either on the basis of a new solicitation of offers or on the basis of new best and final offers requested for that contract, the head of such executive agency shall make available to all offerors - (A) the information provided in debriefings under this subsection regarding the offer of the contractor awarded the contract; and (B) the same information that would have been provided to the original offerors. (f) Preaward debriefings (1) When the contracting officer excludes an offeror submitting a competitive proposal from the competitive range (or otherwise excludes such an offeror from further consideration prior to the final source selection decision), the excluded offeror may request in writing, within 3 days after the date on which the excluded offeror receives notice of its exclusion, a debriefing prior to award. The contracting officer shall make every effort to debrief the unsuccessful offeror as soon as practicable but may refuse the request for a debriefing if it is not in the best interests of the Government to conduct a debriefing at that time. (2) The contracting officer is required to debrief an excluded offeror in accordance with subsection (e) of this section only if that offeror requested and was refused a preaward debriefing under paragraph (1) of this subsection. (3) The debriefing conducted under this subsection shall include - (A) the executive agency's evaluation of the significant elements in the offeror's offer; (B) a summary of the rationale for the offeror's exclusion; and (C) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency. (4) The debriefing conducted pursuant to this subsection may not disclose the number or identity of other offerors and shall not disclose information about the content, ranking, or evaluation of other offerors' proposals. (g) Summary of debriefing The contracting officer shall include a summary of any debriefing conducted under subsection (e) or (f) of this section in the contract file. (h) Alternative dispute resolution The Federal Acquisition Regulation shall include a provision encouraging the use of alternative dispute resolution techniques to provide informal, expeditious, and inexpensive procedures for an offeror to consider using before filing a protest, prior to the award of a contract, of the exclusion of the offeror from the competitive range (or otherwise from further consideration) for that contract. (i) Antitrust violations If the agency head considers that a bid or proposal evidences a violation of the antitrust laws, such agency head shall refer the bid or proposal to the Attorney General for appropriate action. (j) Planning for future competition (1)(A) In preparing a solicitation for the award of a development contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price. (B) The proposals that the head of an agency is to consider requiring in a solicitation for the award of a development contract are the following: (i) Proposals to incorporate in the design of the major system items which are currently available within the supply system of the Federal agency responsible for the major system, available elsewhere in the national supply system, or commercially available from more than one source. (ii) With respect to items that are likely to be required in substantial quantities during the system's service life, proposals to incorporate in the design of the major system items which the United States will be able to acquire competitively in the future. (2)(A) In preparing a solicitation for the award of a production contract for a major system, the head of an agency shall consider requiring in the solicitation that an offeror include in its offer proposals described in subparagraph (B). In determining whether to require such proposals, the head of the agency shall give due consideration to the purposes for which the system is being procured and the technology necessary to meet the system's required capabilities. If such proposals are required, the head of the agency shall consider them in evaluating the offeror's price. (B) The proposals that the head of an agency is to consider requiring in a solicitation for the award of a production contract are proposals identifying opportunities to ensure that the United States will be able to obtain on a competitive basis items procured in connection with the system that are likely to be reprocured in substantial quantities during the service life of the system. Proposals submitted in response to such requirement may include the following: (i) Proposals to provide to the United States the right to use technical data to be provided under the contract for competitive reprocurement of the item, together with the cost to the United States, if any, of acquiring such technical data and the right to use such data. (ii) Proposals for the qualification or development of multiple sources of supply for the item. (3) If the head of an agency is making a noncompetitive award of a development contract or a production contract for a major system, the factors specified in paragraphs (1) and (2) to be considered in evaluating an offer for a contract may be considered as objectives in negotiating the contract to be awarded. (k) Protest file (1) If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an executive agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31, and an actual or prospective offeror so requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors. (2) Information exempt from disclosure under section 552 of title 5 may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise. (l) Agency actions on protests If, in connection with a protest, the head of an executive agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of such executive agency - (1) may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of section 3554 of title 31; and (2) may pay costs described in paragraph (1) of section 3554(c) of such title within the limits referred to in paragraph (2) of such section. (m) Prohibition on release of contractor proposals (1) Except as provided in paragraph (2), a proposal in the possession or control of an executive agency may not be made available to any person under section 552 of title 5. (2) Paragraph (1) does not apply to any proposal that is set forth or incorporated by reference in a contract entered into between the agency and the contractor that submitted the proposal. (3) In this subsection, the term "proposal" means any proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal. -SOURCE- (June 30, 1949, ch. 288, title III, Sec. 303B, as added Pub. L. 98- 369, div. B, title VII, Sec. 2711(a)(2), July 18, 1984, 98 Stat. 1179; amended Pub. L. 98-577, title II, Sec. 201(a), Oct. 30, 1984, 98 Stat. 3068; Pub. L. 103-355, title I, Secs. 1061(c), 1063-1066, Oct. 13, 1994, 108 Stat. 3267-3269; Pub. L. 104-106, div. D, title XLI, Secs. 4103(b), 4104(b), div. E, title LVI, Sec. 5607(c), Feb. 10, 1996, 110 Stat. 644, 645, 701; Pub. L. 104-201, div. A, title VIII, Sec. 821(b), title X, Sec. 1074(b)(7), Sept. 23, 1996, 110 Stat. 2609, 2660.) -MISC1- AMENDMENTS 1996 - Subsec. (d)(2), (3). Pub. L. 104-106, Sec. 4103(b), added par. (2) and redesignated former par. (2) as (3). Subsec. (e)(6). Pub. L. 104-106, Sec. 4104(b)(1), struck out par. (6) which read as follows: "The contracting officer shall include a summary of the debriefing in the contract file." Subsecs. (f) to (h). Pub. L. 104-106, Sec. 4104(b)(3), added subsecs. (f) to (h). Former subsecs. (f) to (h) redesignated (i) to (k), respectively. Subsecs. (i), (j). Pub. L. 104-106, Sec. 4104(b)(2), redesignated subsecs. (f) and (g) as (i) and (j), respectively. Former subsec. (i) redesignated (l). Subsec. (k). Pub. L. 104-106, Sec. 5607(c), as amended by Pub. L. 104-201, Sec. 1074(b)(7), struck out par. (3) which read as follows: "Regulations implementing this subsection shall be consistent with the regulations regarding the preparation and submission of an agency's protest file (the so-called 'rule 4 file') for protests to the General Services Board of Contract Appeals under section 759 of title 40." Pub. L. 104-106, Sec. 4104(b)(2), redesignated subsec. (h) as (k). Subsec. (l). Pub. L. 104-106, Sec. 4104(b)(2), redesignated subsec. (i) as (l). Subsec. (m). Pub. L. 104-201, Sec. 821(b), added subsec. (m). 1994 - Subsec. (a). Pub. L. 103-355, Sec. 1061(c)(1), inserted ", and award a contract," after "competitive proposals". Subsec. (c). Pub. L. 103-355, Secs. 1061(c)(2), 1063(a), inserted "in accordance with subsection (a) of this section" after "shall evaluate the bids" in second sentence, substituted "transmitting, in writing or by electronic means, notice" for "transmitting written notice" in third sentence, and inserted at end "Within 3 days after the date of contract award, the executive agency shall notify, in writing or by electronic means, each bidder not awarded the contract that the contract has been awarded." Subsec. (d)(1). Pub. L. 103-355, Sec. 1061(c)(3)(A), added par. (1) and struck out former par. (1) which read as follows: "The executive agency shall evaluate competitive proposals and may award a contract - "(A) after discussions conducted with the offerors at any time after receipt of the proposals and before the award of the contract; or "(B) without discussions with the offerors (other than discussions conducted for the purpose of minor clarification) when it can be clearly demonstrated from the existence of full and open competition or accurate prior cost experience with the product or service that acceptance of an initial proposal without discussions would result in the lowest overall cost to the Government." Subsec. (d)(2). Pub. L. 103-355, Secs. 1061(c)(3)(C), 1063(b), inserted "cost or" before "price" in first sentence, and, in second sentence, substituted "transmitting, in writing or by electronic means, notice" for "transmitting written notice" and ", within 3 days after the date of contract award, shall notify, in writing or by electronic means," for "shall promptly notify". Pub. L. 103-355, Sec. 1061(c)(3)(B), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: "In the case of award of a contract under paragraph (1)(A), the executive agency shall conduct, before such award, written or oral discussions with all responsible sources who submit proposals within the competitive range, considering only price and the other factors included in the solicitation." Subsec. (d)(3). Pub. L. 103-355, Sec. 1061(c)(3)(B), struck out par. (3) which read as follows: "In the case of award of a contract under paragraph (1)(B), the executive agency shall award the contract based on the proposals as received (and as clarified, if necessary, in discussions conducted for the purpose of minor clarification)." Subsec. (d)(4). Pub. L. 103-355, Sec. 1061(c)(3)(B), redesignated par. (4) as (2). Subsecs. (e) to (g). Pub. L. 103-355, Sec. 1064, added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. Subsec. (h). Pub. L. 103-355, Sec. 1065, added subsec. (h). Subsec. (i). Pub. L. 103-355, Sec. 1066, added subsec. (i). 1984 - Subsec. (f). Pub. L. 98-577 added subsec. (f). EFFECTIVE DATE OF 1996 AMENDMENTS Section 1074(b)(7) of Pub. L. 104-201 provided that the amendment made by that section is effective Feb. 10, 1996. For effective date and applicability of amendment by sections 4103(b) and 4104(b) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title. Amendment by section 5607(c) of Pub. L. 104-106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702. 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. EFFECTIVE DATE OF 1984 AMENDMENT Section 201(b) of Pub. L. 98-577 provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to any solicitation issued more than 180 days after the date of enactment of this Act [Oct. 30, 1984]." EFFECTIVE DATE Section applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as an Effective Date of 1984 Amendment note under section 251 of this title. SMALL BUSINESS ACT Section not to affect or supersede the provisions of section 637(a) of Title 15, Commerce and Trade, see section 2711(c) of Pub. L. 98-369, set out as a note under section 253 of this title. -EXEC- EX. ORD. NO. 12979. AGENCY PROCUREMENT PROTESTS Ex. Ord. No. 12979, Oct. 25, 1995, 60 F.R. 55171, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure effective and efficient expenditure of public funds and fair and expeditious resolution of protests to the award of Federal procurement contracts, it is hereby ordered as follows: Section 1. Heads of executive departments and agencies ("agencies") engaged in the procurement of supplies and services shall prescribe administrative procedures for the resolution of protests to the award of their procurement contracts as an alternative to protests in fora outside the procuring agencies. Procedures prescribed pursuant to this order shall: (a) emphasize that whenever conduct of a procurement is contested, all parties should use their best efforts to resolve the matter with agency contracting officers; (b) to the maximum extent practicable, provide for inexpensive, informal, procedurally simple, and expeditious resolution of protests, including, where appropriate and as permitted by law, the use of alternative dispute resolution techniques, third party neutrals, and another agency's personnel; (c) allow actual or prospective bidders or offerors whose direct economic interests would be affected by the award or failure to award the contract to request a review, at a level above the contracting officer, of any decision by a contracting officer that is alleged to have violated a statute or regulation and, thereby, caused prejudice to the protester; and (d) except where immediate contract award or performance is justified for urgent and compelling reasons or is determined to be in the best interest of the United States, prohibit award or performance of the contract while a timely filed protest is pending before the agency. To allow for the withholding of a contract award or performance, the agency must have received notice of the protest within either 10 calendar days after the contract award or 5 calendar days after the bidder or offeror who is protesting the contract award was given the opportunity to be debriefed by the agency, whichever date is later. Sec. 2. The Administrator for Federal Procurement Policy shall: (a) work with the heads of executive agencies to provide policy guidance and leadership necessary to implement provisions of this order; and (b) review and evaluate agency experience and performance under this order, and report on any findings to the President within 2 years from the date of this order. Sec. 3. The Administrator of General Services, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, in coordination with the Office of Federal Procurement Policy, shall amend the Federal Acquisition Regulation, 48 C.F.R. 1, within 180 days of the date of this order to further the purposes of this order. William J. Clinton. -CROSS- DEFINITIONS The definitions in section 102 of Title 40, Public Buildings, Property, and Works, apply to this subchapter. -End- -CITE- 41 USC Sec. 253c 01/08/2008 -EXPCITE- TITLE 41 - PUBLIC CONTRACTS CHAPTER 4 - PROCUREMENT PROCEDURES SUBCHAPTER IV - PROCUREMENT PROVISIONS -HEAD- Sec. 253c. Encouragement of new competition -STATUTE- (a) "Qualification requirement" defined In this section, "qualification requirement" means a requirement for testing or other quality assurance demonstration that must be completed by an offeror before award of a contract. (b) Agency head; functions; prior to enforcement of qualification requirement Except as provided in subsection (c) of this section, the head of the agency shall, before enforcing any qualification requirement - (1) prepare a written justification stating the necessity for establishing the qualification requirement and specify why the qualification requirement must be demonstrated before contract award;