US (United States) Code. Title 41. Chapter 1: General provisions

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-CITE-

41 USC CHAPTER 1 - GENERAL PROVISIONS 01/06/03

-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 Repealed.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 Repealed.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.

6b. Miscellaneous exceptions from advertisement

requirements.

(a) Control of insects, pests, and grass diseases.

(b) Omitted.

(c) Operations on Menominee Indian Reservation.

(d) Sale of Indian produced forest products.

6c to 6ll. Repealed or Omitted.

6mm. Transferred.

7 to 7d. Repealed.

8. Opening bids.

9, 10. Repealed or Omitted.

10a. American materials required for public use.

10b. Contracts for public works; specification for use of

American materials; blacklisting contractors

violating requirements.

10b-1. Omitted.

10b-2. Limitation on authority to waive Buy American Act

requirement.

(a) Determination by Secretary of Defense.

(b) Report to Congress.

(c) "Buy American Act" defined.

10b-3. Annual report relating to Buy American Act.

10c. Definition of terms used in sections 10a, 10b, and

10c.

10d. Clarification of Congressional intent regarding

sections 10a and 10b(a).

11. No contracts or purchases unless authorized or under

adequate appropriation; report to the Congress.

11a. Contracts for fuel by Secretary of the Army without

regard to current fiscal year.

12. No contract to exceed appropriation.

13. Contracts limited to one year.

13a. Repealed.

14. Restriction on purchases of land.

15. Transfers of contracts; assignments; assignee not

subject to reduction or setoff.

(a) Transfer.

(b) Assignment.

(c) Validity of assignment.

(d) Assignee liability.

(e) Amendment of contract.

(f) Assignor liability arising independent of

contract.

(g) Accrued rights and obligations.

16 to 21. Repealed or Omitted.

22. Interest of Member of Congress.

23. Orders or contracts for material placed with

Government-owned establishments deemed obligations.

24. Contracts for transportation of moneys, bullion, coin,

and securities.

24a to 34. Omitted or Repealed.

35. Contracts for materials, etc., exceeding $10,000;

representations and stipulations.

36. Liability for contract breach; cancellation;

completion by Government agency; employee's wages.

37. Distribution of list of persons breaching contract;

future contracts prohibited.

38. Administration of Walsh-Healey provisions; officers

and employees; appointment; investigations; rules and

regulations.

39. Hearings on Walsh-Healey provisions by Secretary of

Labor; witness fees; failure to obey order;

punishment.

40. Exceptions from Walsh-Healey provisions; modification

of contracts; variations; overtime; suspension of

representations and stipulations.

41. "Person" defined in Walsh-Healey provisions.

42. Effect of Walsh-Healey provisions on other laws.

43. Walsh-Healey provisions not applicable to certain

contracts.

43a. Administrative procedure provisions.

(a) Applicability.

(b) Wage determination; administrative review.

(c) Judicial review.

43b. Manufacturers and regular dealers.

44. Separability of Walsh-Healey provisions.

45. Effective date of Walsh-Healey provisions; exception

as to representations with respect to minimum wages.

46. Committee for Purchase From People Who Are Blind or

Severely Disabled.

(a) Establishment.

(b) Vacancy.

(c) Chairman.

(d) Terms.

(e) Pay and travel expenses.

(f) Staff.

(g) Obtaining official data.

(h) Administrative support services.

(i) Annual report.

47. Duties and powers of the Committee.

(a) Procurement list: publication in Federal

Register; additions and removals.

(b) Fair market price; price revisions.

(c) Central nonprofit agency; designation.

(d) Rules and regulations; blind-made products,

priority.

(e) Problems and production methods; study and

evaluation.

48. Procurement requirements for the Government;

nonapplication to prison-made products.

48a. Audit.

48b. Definitions.

48c. Authorization of appropriations.

49. Defense employment; honorable discharge from land and

naval forces as equivalent to birth certificate.

50. "Defense contractor" defined.

51. Short title.

52. Definitions.

53. Prohibited conduct.

54. Criminal penalties.

55. Civil actions.

56. Administrative offsets.

(a) Offset authority.

(b) Duties of prime contractor.

(c) Claim of Government.

(d) "Contracting officer" defined.

57. Contractor responsibilities.

(a) Procedural requirements for prevention and

detection of violations.

(b) Cooperation in investigations requirement.

(c) Reporting requirement; supplying information as

favorable evidence of responsibility.

(d) Partial inapplicability to small contracts.

(e) Cooperation in investigations regardless of

contract amount.

58. Inspection authority.

-EXEC-

EXECUTIVE ORDER NO. 10925

Ex. Ord. No. 10925, Mar. 6, 1961, 26 F.R. 1977, which related to

nondiscrimination provisions in Government contracts and

established the President's Committee on Equal Employment

Opportunity, was revoked by section 403 of Ex. Ord. No. 11246,

Sept. 24, 1965, 30 F.R. 12319, set out as a note under section

2000e of Title 42, The Public Health and Welfare.

-End-

-CITE-

41 USC Secs. 1 to 4a 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Secs. 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743

-MISC1-

Section 1, R.S. Sec. 512; act Feb. 4, 1929, ch. 146, Secs. 1, 3,

45 Stat. 1147, establish a return office for filing returns of

contracts made by Secretaries of War, Navy and Interior and

appointed a clerk for this office.

Section 2, R.S. Sec. 513, required clerk to file all returns.

Section 3, R.S. Sec. 514, required clerk to keep an index book.

Section 4, R.S. Sec. 515, required clerk to provide certified

copies of any returns for an established fee.

Section 4a, act Feb. 4, 1929, ch. 146, Secs. 1, 3, 45 Stat. 1147,

transferred returns office to General Accounting Office and imposed

duties relating thereto upon Comptroller General.

-End-

-CITE-

41 USC Sec. 5 01/06/03

-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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5a, 6a, 6a-1, 6a-2, 6b,

252, 260 of this title; title 2 sections 61g-7, 72a, 135a, 141a,

475, 604, 1108, 1161, 1964, 2146; title 5 sections 3109, 4105,

8709, 8714a, 8714b, 8714c, 8902, 9003; title 7 sections 427i, 1624,

3318; title 8 sections 1231, 1355; title 10 sections 2013, 2314;

title 12 sections 1141b, 1701c, 1701z-2, 1703, 1710, 1713, 1739,

1747g, 1747k, 1750c, 1788, 1827; title 15 sections 634, 2218, 2507,

2609, 2626; title 16 sections 17b, 17i, 343b, 450jj-1, 504, 580c,

590z-3, 594-5, 757, 916l, 961, 1052, 2104; title 18 section 3672;

title 20 sections 1034, 1070a-11, 2012, 2106, 4513, 4710, 5608,

5708; title 21 sections 360ii, 872; title 22 sections 272a, 280b,

280i, 280k, 287e, 287r, 289c, 290b, 2103, 2179, 2509, 4024; title

23 sections 140, 502; title 24 sections 322, 324; title 25 section

450j; title 28 sections 524, 604, 624, 753; title 29 section 671;

title 30 section 556; title 31 sections 781, 9703; title 33

sections 1123, 1254; title 38 sections 1966, 7317, 7802, 8122,

8201; title 40 sections 503, 545, 3148, 3308, 6111, 8711; title 42

sections 238m, 242k, 242m, 285a-2, 285b-3, 285n, 289c, 289e,

290aa-9, 299c-4, 300c-22, 300u, 300cc-41, 1395u, 1395b-6, 1395cc-2,

1480, 1532, 1543, 1563, 1592d, 1592h, 1870, 2051, 2061, 2063, 2075,

2096, 2210, 2293, 2295, 2310, 2349, 2362, 3211, 3535, 4081, 4082,

4101, 4372, 6616, 7403, 7404, 7412, 10303, 15325; title 43 section

50d; title 44 section 311; title 45 section 361; title 46 App.

section 1295d; title 49 sections 1113, 5334, 10721, 13712, 15504,

47305; title 50 sections 198, 1902; title 50 App. section 1918.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

41 USC Sec. 5a 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 1344.

-End-

-CITE-

41 USC Sec. 6 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 6. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(98)-(105), 65

Stat. 705

-MISC1-

Section, acts Oct. 10, 1940, ch. 851, Sec. 1, 54 Stat. 1109; June

28, 1941, ch. 258, titles II, III, IV, 55 Stat. 281, 289, 292, 302;

June 8, 1942, ch. 396, 56 Stat. 347; July 2, 1942, ch. 472, titles

II, III, IV, 56 Stat. 483, 500, 505; June 28, 1943, ch. 173, titles

I, II, 57 Stat. 236, 243; June 26, 1944, ch. 277, titles I, II, 58

Stat. 351, 358; June 13, 1945, ch. 189, 59 Stat. 256; July 1, 1946,

ch. 530, 60 Stat. 405; June 30, 1947, ch. 166, title II, Sec. 204,

61 Stat. 208; June 30, 1949, ch. 288, title I, Secs. 103, 104(a),

63 Stat. 380, which excepted from provisions of section 5 of this

title a number of specified Government departments and agencies,

when purchases or services were not in excess of certain specified

amounts up to $500.

Another provision of title III of act July 2, 1942, ch. 472, 56

Stat. 493, which also had been shown as one of the sources of this

former section, made an exception with respect to purchases or

services rendered for the Office of the Administrator of Civil

Aeronautics, when the aggregate amount involved did not exceed

$100. That provision was not repealed, but, if it did not expire

with that act, which was an appropriation act, it was superseded by

section 5 of this title, as amended.

A prior section 6, acts Feb. 27, 1893, ch. 168, 27 Stat. 485;

Mar. 1, 1899, ch. 325, 30 Stat. 957; Mar. 2, 1911, ch. 192, 36

Stat. 975; May 18, 1916, ch. 125, 39 Stat. 126; Mar. 1, 1919, ch.

86, 40 Stat. 1262; May 29, 1920, ch. 214, 41 Stat. 677; June 12,

1922, ch. 218, 42 Stat. 638; Feb. 13, 1923, ch. 72, 42 Stat. 1244;

Feb. 15, 1934, ch. 13, 48 Stat. 351, related to exceptions to the

requirements of section 5 of this title, prior to repeal by act

Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111. See sections 5, 6a,

and 6b of this title.

-End-

-CITE-

41 USC Sec. 6a 01/06/03

-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 01/06/03

-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 01/06/03

-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. 6b 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Secs. 6c to 6jj. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat.

1111

-MISC1-

Section 6c, acts June 22, 1936, ch. 689, 49 Stat. 1604; June 28,

1937, ch. 396, 50 Stat. 341; May 23, 1938, ch. 259, 52 Stat. 424;

Mar. 16, 1939, ch. 11, 53 Stat. 539; June 25, 1940, ch. 421, 54

Stat. 566, excepted Rural Electrification Administration from

provisions of section 5 of this title when aggregate amount

involved did not exceed $100.

Section 6d, acts June 22, 1936, ch. 689, 49 Stat. 1605; June 28,

1937, ch. 396, 50 Stat. 344; May 23, 1938, ch. 259, 52 Stat. 426;

Mar. 16, 1939, ch. 11, 53 Stat. 540, excepted Social Security Board

from provisions of section 5 of this title when aggregate amount

involved did not exceed $100.

Section 6e, acts May 14, 1937, ch. 180, title I, 50 Stat. 139;

Mar. 28, 1938, ch. 55, 52 Stat. 123; May 6, 1939, ch. 115, title I,

53 Stat. 656; Mar. 25, 1940, ch. 71, title I, 54 Stat. 56, excepted

Treasury Department from provisions of section 5 of this title when

aggregate amount involved did not exceed $50.

Section 6f, acts June 16, 1937, ch. 359, title I, 50 Stat. 273;

Apr. 27, 1938, ch. 180, title I, 52 Stat. 258; June 29, 1939, ch.

248, title I, 53 Stat. 896; May 14, 1940, ch. 189, title I, 54

Stat. 192, excepted Department of State from provisions of section

5 of this title when aggregate amount involved did not exceed

certain specified amounts.

Section 6g, acts June 16, 1937, ch. 359, title II, 50 Stat. 275;

Apr. 27, 1938, ch. 180, title II, 52 Stat. 260; June 29, 1939, ch.

248, title II, 53 Stat. 898; May 14, 1940, ch. 189, title III, 54

Stat. 201, 202, excepted Federal Bureau of Investigation from

provisions of section 5 of this title when aggregate amount did not

exceed $50.

Section 6h, acts June 16, 1937, ch. 359, title III, 50 Stat. 285;

Apr. 27, 1938, ch. 180, title III, 52 Stat. 272, excepted Bureau of

Air Commerce from provisions of section 5 of this title when

aggregate amount involved did not exceed $100.

Section 6i, acts June 28, 1937, ch. 396, 50 Stat. 335; May 23,

1938, ch. 259, 52 Stat. 417; Mar. 16, 1939, ch. 11, 53 Stat. 532;

Apr. 18, 1940, ch. 107, 54 Stat. 124, excepted Federal Trade

Commission from provisions of section 5 of this title when

aggregate amount involved did not exceed $50.

Section 6j, acts June 28, 1937, ch. 396, 50 Stat. 338; May 23,

1938, ch. 259, 52 Stat. 420; Mar. 16, 1939, ch. 11, 53 Stat. 534;

Apr. 18, 1940, ch. 107, 54 Stat. 133, excepted Interstate Commerce

Commission from provisions of section 5 of this title when

aggregate amount involved did not exceed $50.

Section 6k, acts June 28, 1937, ch. 396, 50 Stat. 339; May 23,

1938, ch. 259, 52 Stat. 421; Mar. 16, 1939, ch. 11, 53 Stat. 536;

Apr. 18, 1940, ch. 107, 54 Stat. 135, excepted National Archives

from provisions of section 5 of this title when aggregate amount

did not exceed $50.

Section 6l, acts June 28, 1937, ch. 396, 50 Stat. 339; May 23,

1938, ch. 259, 52 Stat. 422; Mar. 16, 1939, ch. 11, 53 Stat. 537;

June 26, 1940, ch. 428, title IV, 54 Stat. 595, excepted National

Labor Relations Board from provisions of section 5 of this title

when aggregate amount involved did not exceed $50.

Section 6m, acts June 28, 1937, ch. 396, 50 Stat. 341; May 23,

1938, ch. 259, 52 Stat. 423; Mar. 16, 1939, ch. 11, 53 Stat. 538;

June 26, 1940, ch. 428, title VI, 54 Stat. 596, excepted Railroad

Retirement Board from provisions of section 5 of this title when

aggregate amount involved did not exceed $50.

Section 6n, acts June 28, 1937, ch. 396, 50 Stat. 342; May 23,

1938, ch. 259, 52 Stat. 425; Mar. 16, 1939, ch. 11, 53 Stat. 539;

Apr. 18, 1940, ch. 107, 54 Stat. 136, excepted Securities and

Exchange Commission from provisions of section 5 of this title when

aggregate amount involved did not exceed $50.

Section 6o, act Apr. 6, 1937, ch. 69, Sec. 3, as added May 9,

1938, ch. 192, 52 Stat. 344, excepted control of insects and plant

diseases from provisions of section 5 of this title.

Section 6p, act May 23, 1938, ch. 259, 52 Stat. 417, Mar. 16,

1939, ch. 11, 53 Stat. 531; Apr. 18, 1940, ch. 107, 54 Stat. 124,

excepted Federal Power Commission from provisions of section 5 of

this title when aggregate amount involved did not exceed $50.

Section 6q, acts June 25, 1938, ch. 681, title I, 52 Stat. 1117;

Mar. 16, 1939, ch. 11, 53 Stat. 535; Apr. 18, 1940, ch. 107, 54

Stat. 134, excepted Maritime Labor Board from provisions of section

5 of this title when aggregate amount involved did not exceed $100.

Section 6r, acts Mar. 16, 1939, ch. 11, 53 Stat. 527; Apr. 18,

1940, ch. 107, 54 Stat. 116, excepted Civil Aeronautics Authority

from provisions of section 5 of this title when aggregate amount

involved did not exceed $100.

Section 6s, acts Aug. 7, 1935, ch. 455, 49 Stat. 540; Feb. 11,

1936, ch. 49, 49 Stat. 1123; May 15, 1936, ch. 405, 49 Stat. 1316;

June 16, 1937, ch. 359, 50 Stat. 267; Apr. 27, 1938, ch. 180, 52

Stat. 254; June 29, 1939, ch. 248, title I, 53 Stat. 892; May 14,

1940, ch. 189, title I, 54 Stat. 188, excepted International

Technical Committee of Aerial Legal Experts from provisions of

section 5 of this title.

Section 6t, acts May 15, 1936, ch. 405, 49 Stat. 1315; June 16,

1937, ch. 359, 50 Stat. 267; Apr. 27, 1938, ch. 180, 52 Stat. 253;

June 29, 1939, ch. 248, title I, 53 Stat. 891, excepted Bureau of

Interparliamentary Union for Promotion of International Arbitration

from provisions of section 5 of this title.

Section 6u, acts Feb. 20, 1929, ch. 270, 45 Stat. 1243; Apr. 19,

1930, ch. 201, 46 Stat. 243; Feb. 23, 1931, ch. 281, 46 Stat. 1370;

Feb. 2, 1935, ch. 3, 49 Stat. 16; Mar. 19, 1936, ch. 156, 49 Stat.

1180; June 28, 1937, ch. 396, 50 Stat. 345; May 23, 1938, ch. 259,

52 Stat. 427; Mar. 16, 1939, ch. 11, 53 Stat. 542; Apr. 18, 1940,

ch. 107, 54 Stat. 137, excepted Tariff Commission (now

International Trade Commission) from provisions of section 5 of

this title when aggregate amount involved did not exceed $50.

Section 6v, acts June 28, 1937, ch. 396, 50 Stat. 331; May 23,

1938, ch. 259, 52 Stat. 412; Mar. 16, 1939, ch. 11, 53 Stat. 525;

Apr. 18, 1940, ch. 107, 54 Stat. 113, excepted American Battle

Monuments Commission from provisions of section 5 of this title

when aggregate amount involved did not exceed $500.

Section 6v-1, act Apr. 18, 1940, ch. 107, 54 Stat. 113, excepted

American Battle Monuments Commission, when entering into leases in

foreign countries, from provisions of section 5 of this title.

Section 6w, acts June 16, 1938, ch. 464, 52 Stat. 750; June 30,

1939, ch. 253, title II, 53 Stat. 978; June 25, 1940, ch. 421, 54

Stat. 568, excepted Farm Credit Administration from provisions of

section 5 of this title when aggregate amount did not exceed $50.

Section 6x, act Aug. 25, 1937, ch. 757, title I, 50 Stat. 759,

excepted United States Maritime Commission from provisions of

section 5 of this title when aggregate amount did not exceed $100.

Section 6y, acts Aug. 9, 1939, ch. 633, title I, 53 Stat. 1318;

June 18, 1940, ch. 395, 54 Stat. 443, excepted Bureau of Mines from

provisions of section 5 of this title when aggregate amount did not

exceed $500.

Section 6z, act Apr. 18, 1940, ch. 107, 54 Stat. 112, excepted

Bureau of the Budget (now Office of Management and Budget) from

provisions of section 5 of this title when aggregate amounts

involved did not exceed certain specified sums.

Section 6aa, act Apr. 18, 1940, ch. 107, 54 Stat. 118, excepted

Federal Communications Commission from provisions of section 5 of

this title when aggregate amount did not exceed $50.

Section 6bb, act Apr. 18, 1940, ch. 107, 54 Stat. 119, excepted

Federal Loan Agency from provisions of section 5 of this title when

aggregate amounts involved did not exceed certain specified sums.

Section 6cc, act Apr. 18, 1940, ch. 107, 54 Stat. 120, excepted

Federal Home Loan Bank from provisions of section 5 of this title

when aggregate amounts involved did not exceed certain specified

sums.

Section 6dd, act Apr. 18, 1940, ch. 107, 54 Stat. 131, excepted

General Accounting Office from provisions of section 5 of this

title when aggregate amount involved did not exceed $50.

Section 6ee, acts Feb. 11, 1927, ch. 104, 44 Stat. 1081; Apr. 18,

1940, ch. 107, 54 Stat. 137, excepted Tariff Commission (now

International Trade Commission) from provisions of section 5 of

this title when aggregate amount involved did not exceed $50.

Section 6ff, act May 14, 1940, ch. 189, title I, 54 Stat. 189,

excepted International Boundary Commission, United States and

Mexico, from provisions of section 5 of this title when aggregate

amount involved did not exceed $500.

Section 6gg, act May 14, 1940, ch. 189, title IV, 54 Stat. 211,

excepted Administrative Office of United States Courts from

provisions of section 5 of this title when aggregate amount

involved did not exceed $50.

Section 6hh, act June 11, 1940, ch. 313, title I, 54 Stat. 290,

excepted Navy Department from provisions of section 5 of this title

when aggregate amount involved did not exceed $50.

Section 6ii, acts Jan. 25, 1929, ch. 102, title III, 45 Stat.

1119; Apr. 18, 1930, ch. 184, title III, 46 Stat. 198; Feb. 23,

1931, ch. 280, title III, 46 Stat. 1334; July 1, 1932, ch. 361,

title III, 47 Stat. 502; Mar. 1, 1933, ch. 144, title III, 47 Stat.

1393; Apr. 7, 1934, ch. 104, title III, 48 Stat. 551; Mar. 22,

1935, ch. 39, 49 Stat. 90; May 15, 1936, ch. 405, 49 Stat. 1336;

June 16, 1937, ch. 359, title III, 50 Stat. 287; Apr. 27, 1938, ch.

180, title III, 52 Stat. 273; June 29, 1939, ch. 248, title III, 53

Stat. 909, excepted Bureau of Foreign and Domestic Commerce from

provisions of section 5 of this title when aggregate amount

involved did not exceed $100.

Section 6jj, acts May 13, 1926, ch. 294, 44 Stat. 548; Feb. 23,

1927, ch. 168, 44 Stat. 1157; May 14, 1928, ch. 551, 45 Stat. 528;

Feb. 28, 1929, ch. 367, 45 Stat. 1397; June 6, 1930, ch. 407, 46

Stat. 516; Feb. 20, 1931, ch. 234, 46 Stat. 1186; June 30, 1932,

ch. 314, 47 Stat. 393; Feb. 28, 1933, ch. 134, 47 Stat. 1362; May

30, 1934, ch. 372, 48 Stat. 828; July 8, 1935, ch. 374, 49 Stat.

471; Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223,

50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 392; June 16, 1939,

ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474,

excepted Botanic Garden, in purchase of trees and plants, from

provisions of section 5 of this title when aggregate amount

involved did not exceed $300.

-End-

-CITE-

41 USC Sec. 6kk 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 6ll. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111

-MISC1-

Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, excepted

National Advisory Committee for Aeronautics from provisions of

section 5 of this title when aggregate amount involved did not

exceed $50.

-End-

-CITE-

41 USC Sec. 6mm 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Secs. 7 to 7d. Repealed. June 30, 1949, ch. 288, title VI, Sec.

602(a)(29)-(31), formerly title V, Sec. 502(a)(29)-(31), 63 Stat.

401; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.

583

-MISC1-

Section 7, act June 17, 1910, ch. 297, Sec. 4, 36 Stat. 531; Ex.

Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord.

No. 6623, eff. Mar. 1, 1934, related to advertisements and

contracts for miscellaneous supplies for executive departments and

other government establishments in Washington; Procurement Division

in Department of Treasury; bond of contractor; and purchase or

drawing of supplies.

Section 7a, act Feb. 27, 1929, ch. 354, Sec. 1, 45 Stat. 1341;

Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex.

Ord. No. 6623, eff. Mar. 1, 1934, related to consolidation and

coordination of government purchases.

Section 7b, act Feb. 27, 1929, ch. 354, Sec. 2, 45 Stat. 1342;

Ex. Ord. No. 6166, Sec. 1, June 10, 1933, as amended by Ex. Ord.

No. 6623, Mar. 1, 1934, provided for requisition of supplies and

reimbursement.

Section 7c, act Feb. 27, 1929, ch. 354, Sec. 3, 45 Stat. 1342;

Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex.

Ord. No. 6623, eff. Mar. 1, 1934, provided for a general supply

fund and reports and audits.

Section 7c-1, act May 14, 1935, ch. 110, 49 Stat. 234; Ex. Ord.

No. 6166, Sec. 1, eff. June 10, 1933, as amended by Ex. Ord. No.

6623, eff. Mar. 1, 1934, related to expenditures incidental to

operation of government fuel yards.

Section 7d, act Feb. 27, 1929, ch. 354, Sec. 4, 45 Stat. 1342,

related to Secretary of Treasury's authority to prescribe

regulations.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1949, see section 605 of act June 30,

1949.

-End-

-CITE-

41 USC Sec. 8 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 252, 260 of this title.

-End-

-CITE-

41 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 9. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25

-MISC1-

Section, R.S. Sec. 3717, related to separate proposals for works

or material or labor. See sections 2303 to 2305 of Title 10, Armed

Forces.

EFFECTIVE DATE OF REPEAL

Repeal effective 90 days after Feb. 19, 1948, see section 13 of

act Feb. 19, 1948.

-End-

-CITE-

41 USC Sec. 10 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 10a. American materials required for public use

-STATUTE-

Notwithstanding any other provision of law, and unless the head

of the department or independent establishment concerned shall

determine it to be inconsistent with the public interest, or the

cost to be unreasonable, only such unmanufactured articles,

materials, and supplies as have been mined or produced in the

United States, and only such manufactured articles, materials, and

supplies as have been manufactured in the United States

substantially all from articles, materials, or supplies mined,

produced, or manufactured, as the case may be, in the United

States, shall be acquired for public use. This section shall not

apply with respect to articles, materials, or supplies for use

outside the United States, or if articles, materials, or supplies

of the class or kind to be used or the articles, materials, or

supplies from which they are manufactured are not mined, produced,

or manufactured, as the case may be, in the United States in

sufficient and reasonably available commercial quantities and of a

satisfactory quality. This section shall not apply to manufactured

articles, materials, or supplies procured under any contract the

award value of which is less than or equal to the micro-purchase

threshold under section 428 of this title.

-SOURCE-

(Mar. 3, 1933, ch. 212, title III, Sec. 2, 47 Stat. 1520; Pub. L.

100-418, title VII, Sec. 7005(b), Aug. 23, 1988, 102 Stat. 1553;

Pub. L. 103-355, title IV, Sec. 4301(b), Oct. 13, 1994, 108 Stat.

3347.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-355 inserted at end "This section shall not

apply to manufactured articles, materials, or supplies procured

under any contract the award value of which is less than or equal

to the micro-purchase threshold under section 428 of this title."

1988 - Pub. L. 100-418, Secs. 7004, 7005(b), temporarily

substituted "Federal agency" for "department or independent

establishment". See Effective and Termination Dates of 1988

Amendment note below.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 4301(c) of Pub. L. 103-355 provided that:

"Notwithstanding any other provision of law -

"(1) section 32 of the Office of Federal Procurement Policy Act

[41 U.S.C. 428], as added by subsection (a); and

"(2) the amendment made by subsection (b) [amending this

section];

shall take effect on the date of the enactment of this Act [Oct.

13, 1994] and shall be implemented in the Federal Acquisition

Regulation not later than 60 days after such date of enactment."

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Section 7004 of title VII of Pub. L. 100-418 provided that: "The

amendments made by this title [see Short Title of 1988 Amendment

note below] shall cease to be effective on April 30, 1996, unless

the Congress, after reviewing the report required by section 305(k)

of the Trade Agreements Act of 1979 [former 19 U.S.C. 2515(k)], and

other relevant information, extends such date. After such date, the

President may modify or terminate any or all actions taken pursuant

to such amendments."

Section 7005(f) of title VII of Pub. L. 100-418 provided that:

"The amendments made by this section [amending sections 10a, 10b,

10c, and 10d of this title and section 2511 of Title 19, Customs

Duties] shall take effect upon enactment [Aug. 23, 1988]."

SHORT TITLE OF 1988 AMENDMENT

Section 7001 of title VII of Pub. L. 100-418 provided that: "This

title [enacting section 10b-1 of this title, amending this section,

sections 10b, 10c, and 10d of this title, and sections 2511 and

2515 of Title 19, Customs Duties, enacting provisions set out as

notes under section 10a of this title, and amending provisions set

out as notes under section 10c of this title] may be cited as the

'Buy American Act of 1988'."

SHORT TITLE

Section 7, formerly section 5, of title III of act Mar. 3, 1933,

as added by Pub. L. 103-355, title X, Sec. 10005(f)(4), Oct. 13,

1994, 108 Stat. 3409, and renumbered and amended by Pub. L.

104-106, div. D, title XLIII, Sec. 4321(a)(11), Feb. 10, 1996, 110

Stat. 671, provided that: "This title [enacting this section,

sections 10b and 10c of this title, and provisions set out as notes

under section 10c of this title] may be cited as the 'Buy American

Act'."

IMPLEMENTATION OF BUY AMERICAN ACT WITH RESPECT TO CERTAIN WATER

RESOURCE PROJECTS

Pub. L. 100-371, title V, Sec. 508, July 19, 1988, 102 Stat. 875,

provided that:

"(a) General Rule. - For purposes of title III of the Act of

March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a-10c) [41 U.S.C. 10a,

10b, 10b-1, 10c], commonly known as the Buy American Act, a

cofferdam or any other temporary structure to be constructed by the

Secretary of the Army, acting through the Chief of Engineers, shall

be treated in the same manner as a permanent dam constructed by the

Secretary of the Army.

"(b) Applicability. - Subsection (a) shall only apply to

contracts entered into after the date of the enactment of this Act

[July 19, 1988]."

EXEMPTION OF FUNCTIONS

Functions authorized by Foreign Assistance Act of 1961, as

amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30

F.R. 6635, set out as a note under section 2393 of Title 22,

Foreign Relations and Intercourse.

-EXEC-

APPLICABILITY OF BUY AMERICAN ACT WITH RESPECT TO EUROPEAN

COMMUNITY

For applicability of Buy American Act to procurements covered by

agreement with the European Community on government procurement,

see Ex. Ord. No. 12849, May 25, 1993, 58 F.R. 30931, set out as a

note under section 2511 of Title 19, Customs Duties.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Buy American Act is referred to in sections 10b-2, 10b-3, 42,

428 of this title; title 10 section 2533; title 15 sections 2507,

5528; title 19 sections 2512, 2513, 3105; title 20 sections 6067,

9275; title 24 section 225h; title 25 section 1638b; title 42

section 5206.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10b, 10c, 10d of this

title; title 10 sections 2457, 2533.

-End-

-CITE-

41 USC Sec. 10b 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10c, 10d of this title.

-End-

-CITE-

41 USC Sec. 10b-1 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 10b-2. Limitation on authority to waive Buy American Act

requirement

-STATUTE-

(a) Determination by Secretary of Defense

(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) Report to Congress

The Secretary of Defense shall submit to the Congress a report on

the amount of Department of Defense purchases from foreign entities

in fiscal year 2003. Such report shall separately indicate the

dollar value of items for which the Buy American Act was waived

pursuant to any agreement described in subsection (a)(2) of this

section, the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),

or any international agreement to which the United States is a

party.

(c) "Buy American Act" defined

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. 107-248, title VIII, Sec. 8033, Oct. 23, 2002, 116 Stat.

1544.)

-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 Agreement Act of 1979, referred to in subsec. (b),

probably means the Trade Agreements Act of 1979, 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-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following prior acts:

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.

BUY AMERICAN ACT WAIVER RESCISSIONS

Pub. L. 103-160, div. A, title VIII, Sec. 849(c), (d), Nov. 30,

1993, 107 Stat. 1725, provided that:

"(c) 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.

"(d) 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.)."

-End-

-CITE-

41 USC Sec. 10b-3 01/06/03

-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 849(c)(2) of Public Law

103-160 (41 U.S.C. 10b-2 note).

(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.

-End-

-CITE-

41 USC Sec. 10c 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 10d. Clarification of Congressional intent regarding sections

10a and 10b(a)

-STATUTE-

In order to clarify the original intent of Congress, hereafter,

section 10a of this title and that part of section 10b(a) of this

title preceding the words "Provided, however," shall be regarded as

requiring the purchase, for public use within the United States, of

articles, materials, or supplies manufactured in the United States

in sufficient and reasonably available commercial quantities and of

a satisfactory quality, unless the head of the department or

independent establishment concerned shall determine their purchase

to be inconsistent with the public interest or their cost to be

unreasonable.

-SOURCE-

(Oct. 29, 1949, ch. 787, title VI, Sec. 633, 63 Stat. 1024; Pub. L.

100-418, title VII, Sec. 7005(d), Aug. 23, 1988, 102 Stat. 1553.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418, Secs. 7004, 7005(d), temporarily

substituted "Federal agency" for "department or independent

establishment". See Termination Date of 1988 Amendment note below.

TERMINATION DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,

1996, unless Congress, after reviewing report required by former

section 2515(k) of Title 19, Customs Duties, extends such date, see

section 7004 of Pub. L. 100-418, set out as an Effective and

Termination Dates of 1988 Amendment note under section 10a of this

title.

-EXEC-

EX. ORD. NO. 10582. UNIFORM PROCEDURES FOR DETERMINATIONS

Ex. Ord. No. 10582, Dec. 17, 1954, 19 F.R. 8723, as amended by

Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No.

12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12608, Sept. 9,

1987, 52 F.R. 34617, provided:

Section 1. As used in this order, (a) the term "materials"

includes articles and supplies, (b) the term "executive agency"

includes executive department, independent establishment, and other

instrumentality of the executive branch of the Government, and (c)

the term "bid or offered price of materials of foreign origin"

means the bid or offered price of such materials delivered at the

place specified in the invitation to bid including applicable duty

and all costs incurred after arrival in the United States.

Sec. 2. (a) For the purposes of this order materials shall be

considered to be of foreign origin if the cost of the foreign

products used in such materials constitutes fifty per centum or

more of the cost of all the products used in such materials.

(b) For the purposes of the said act of March 3, 1933 [see Tables

for classification], and the other laws referred to in the first

paragraph of the preamble of this order, the bid or offered price

of materials of domestic origin shall be deemed to be unreasonable,

or the purchase of such materials shall be deemed to be

inconsistent with the public interest, if the bid or offered price

thereof exceeds the sum of the bid or offered price of like

materials of foreign origin and a differential computed as provided

in subsection (c) of this section.

(c) The executive agency concerned shall in each instance

determine the amount of the differential referred to in subsection

(b) of this section on the basis of one of the following-described

formulas, subject to the terms thereof:

(1) The sum determined by computing six per centum of the bid or

offered price of materials of foreign origin.

(2) The sum determined by computing ten per centum of the bid or

offered price of materials of foreign origin exclusive of

applicable duty and all costs incurred after arrival in the United

States: provided that when the bid or offered price of materials of

foreign origin amounts to less than $25,000, the sum shall be

determined by computing ten per centum of such price exclusive only

of applicable duty.

Sec. 3. Nothing in this order shall affect the authority or

responsibility of an executive agency:

(a) To reject any bid or offer for reasons of the national

interest not described or referred to in this order; or

(b) To place a fair proportion of the total purchases with small

business concerns in accordance with section 302(b) of the Federal

Property and Administrative Services Act of 1949, as amended [41

U.S.C. 252(b)], section 2(b) of the Armed Services Procurement Act

of 1947, as amended [41 U.S.C. 151(b)], and section 202 of the

Small Business Act of 1953 [15 U.S.C. 631]; or

(c) To reject a bid or offer to furnish material of foreign

origin in any situation in which the domestic supplier offering the

lowest price for furnishing the desired materials undertakes to

produce substantially all of such materials in areas of substantial

unemployment, as determined by the Secretary of Labor in accordance

with such appropriate regulations as he may establish and during

such period as the President may determine that it is in the

national interest to provide to such areas preference in the award

of Government contracts: Provided, that nothing in this section

shall prevent the rejection of a bid or offered price which is

excessive; or

(d) To reject any bid or offer for materials of foreign origin if

such rejection is necessary to protect essential national-security

interests after receiving advice with respect thereto from the

President or from the Director of the Federal Emergency Management

Agency. In providing this advice the Director shall be governed by

the principle that exceptions under this section shall be made only

upon a clear showing that the payment of a greater differential

than the procedures of this section generally prescribe is

justified by consideration of national security.

Sec. 4. The head of each executive agency shall issue such

regulations as may be necessary to insure that procurement

practices under his jurisdiction conform to the provisions of this

order.

Sec. 5. This order shall apply only to contracts entered into

after the date hereof. In any case in which the head of an

executive agency proposing to purchase domestic materials

determines that a greater differential than that provided in this

order between the cost of such materials of domestic origin and

materials of foreign origin is not unreasonable or that the

purchase of materials of domestic origin is not inconsistent with

the public interest, this order shall not apply. A written report

of the facts of each case in which such a determination is made

shall be submitted to the President through the Director of the

Office of Management and Budget by the official making the

determination within 30 days thereafter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 5528.

-End-

-CITE-

41 USC Sec. 11 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 11. No contracts or purchases unless authorized or under

adequate appropriation; report to the Congress

-STATUTE-

(a) No contract or purchase on behalf of the United States shall

be made, unless the same is authorized by law or is under an

appropriation adequate to its fulfillment, except in the Department

of Defense and in the Department of Transportation with respect to

the Coast Guard when it is not operating as a service in the Navy,

for clothing, subsistence, forage, fuel, quarters, transportation,

or medical and hospital supplies, which, however, shall not exceed

the necessities of the current year.

(b) The Secretary of Defense and the Secretary of Transportation

with respect to the Coast Guard when it is not operating as a

service in the Navy shall immediately advise the Congress of the

exercise of the authority granted in subsection (a) of this

section, and shall report quarterly on the estimated obligations

incurred pursuant to the authority granted in subsection (a) of

this section.

-SOURCE-

(R.S. Sec. 3732; June 12, 1906, ch. 3078, 34 Stat. 255; Pub. L.

89-687, title VI, Sec. 612(e), Oct. 15, 1966, 80 Stat. 993; Pub. L.

98-557, Sec. 17(e), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 104-106,

div. D, title XLIII, Sec. 4322(b)(4), Feb. 10, 1996, 110 Stat.

677.)

-COD-

CODIFICATION

R.S. Sec. 3732 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12

Stat. 220.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-106 struck out second comma after

"quarters".

1984 - Subsec. (a). Pub. L. 98-557, Sec. 17(e)(1)(A), substituted

"except in the Department of Defense and in the Department of

Transportation with respect to the Coast Guard when it is not

operating as a service in the Navy" for "except in the War and Navy

Departments".

Pub. L. 98-557, Sec. 17(e)(1)(B), substituted ", transportation,

or medical and hospital supplies" for "or transportation", such

change having been made by Act June 12, 1906, thereby requiring no

further change in text. See Repeals note below.

Subsec. (b). Pub. L. 98-557, Sec. 17(e)(2), inserted provisions

relating to the Secretary of Transportation with respect to the

Coast Guard when it is not operating as a service in the Navy.

1966 - Pub. L. 89-687 designated existing provisions as subsec.

(a) and added subsec (b).

1906 - Act June 12, 1906, inserted "medical and hospital

supplies".

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L.

104-106, see section 4401 of Pub. L. 104-106, set out as a note

under section 251 of this title.

REPEALS

The first proviso under the heading "medical department" in act

June 12, 1906, ch. 3078, 34 Stat. 255, cited as a credit to this

section, was repealed by Pub. L. 98-557, Sec. 17(e)(3), Oct. 30,

1984, 98 Stat. 2868.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 8 section 1363a; title 10

section 2201; title 19 section 2081; title 22 section 277d-3; title

26 section 7608; title 33 section 891d; title 42 section 9619.

-End-

-CITE-

41 USC Sec. 11a 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 11a. Contracts for fuel by Secretary of the Army without

regard to current fiscal year

-STATUTE-

When, in the opinion of the Secretary of the Army, it is in the

interest of the United States so to do, he is authorized to enter

into contracts and to incur obligations for fuel in sufficient

quantities to meet the requirements for one year without regard to

the current fiscal year, and payments for supplies delivered under

such contracts may be made from funds appropriated for the fiscal

year in which the contract is made, or from funds appropriated or

which may be appropriated for such supplies for the ensuing fiscal

year.

-SOURCE-

(June 30, 1921, ch. 33, Sec. 1, 42 Stat. 78; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section was formerly classified to section 668 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain procurement and related functions and

property, and functions relating to finance and fiscal matters,

insofar as they pertain to Air Force, from Secretary of the Army to

Secretary of the Air Force, see Secretary of Defense Transfer Order

Nos. 6, eff. Jan. 15, 1948; 25, Oct. 14, 1948; 39, May 18, 1949;

and 40 [App. B(93)], July 22, 1949.

Public Buildings Administration abolished by act June 30, 1949,

ch. 288, title I, Sec. 103, 63 Stat. 380, and functions transferred

to General Services Administration. See text of, and Historical and

Revision Notes under, section 303(b) of Title 40, Public Buildings,

Property, and Works.

Public Buildings Branch of Procurement Division (Bureau of

Federal Supply) of Treasury Department transferred to Public

Buildings Administration within Federal Works Agency, see Reorg.

Plan No. I of 1939, Secs. 301, 303, eff. July 1, 1939, 4 F.R. 2729,

53 Stat. 1426, 1427, set out in the Appendix to Title 5, Government

Organization and Employees.

Functions of procurement of supplies, services, stores, etc.,

exercised by any other agency transferred to Procurement Division

in Treasury Department by Ex. Ord. No. 6166, Sec. 1, June 10, 1933,

set out as a note under section 901 of Title 5. Name of Procurement

Division changed to Bureau of Federal Supply by Treasury Department

Order 73 dated Nov. 19, 1946. Bureau transferred on July 1, 1949,

to General Services Administration, where it functions as Federal

Supply Service, pursuant to act June 30, 1949, ch. 288, Sec. 102,

63 Stat. 380.

-End-

-CITE-

41 USC Sec. 12 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 277d-3, 2396.

-End-

-CITE-

41 USC Sec. 13 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 260 of this title; title

10 section 2314.

-End-

-CITE-

41 USC Sec. 13a 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 13a. Repealed. Pub. L. 86-682, Sec. 12(c), Sept. 2, 1960, 74

Stat. 710

-MISC1-

Section, Joint Res. Mar. 24, 1874, No. 6, 18 Stat. 286, excepted

mail bags, mail locks, and keys from provisions of section 13 of

this title.

-End-

-CITE-

41 USC Sec. 14 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2392; title 50

section 1651; title 50 App. section 1215.

-End-

-CITE-

41 USC Sec. 16 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 16. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743

-MISC1-

Section, R.S. Sec. 3744; acts June 15, 1917, ch. 29, 40 Stat.

198; Feb. 4, 1929, ch. 146, 45 Stat. 1147, related to requirement

that contracts made by Secretaries of War, Navy, and Interior be in

writing, and that copies thereof be filed in returns office of

Department of the Interior.

-End-

-CITE-

41 USC Secs. 16a to 16d 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Secs. 16a to 16d. Omitted

-COD-

CODIFICATION

Section 16a, acts June 25, 1910, ch. 431, Sec. 23, 36 Stat. 861;

May 18, 1916, ch. 125, 39 Stat. 126; 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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Secs. 17 to 19. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743

-MISC1-

Section 17, R.S. Sec. 3745, provided that an affidavit be affixed

to the return of contract required by section 16 of this title.

Section 18, R.S. Sec. 3746, provided punishment for failure to

make returns of contracts as required by sections 16 and 17 of this

title.

Section 19, R.S. Sec. 3747, imposed duty on Secretaries of War,

Navy, and Interior to furnish officers with letters of instruction

relating to their duties under sections 17 and 18, contract forms,

and affidavits, to insure uniformity.

-End-

-CITE-

41 USC Sec. 20 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 20. Repealed. Pub. L. 103-355, title II, Sec. 2452, Oct. 13,

1994, 108 Stat. 3326

-MISC1-

Section, R.S. Sec. 3743; Feb. 27, 1877, ch. 69, 19 Stat. 249;

July 31, 1894, ch. 174, Sec. 18, 28 Stat. 210; June 10, 1921, ch.

18, title III, Sec. 304, 42 Stat. 24, provided for deposit of all

contracts which required advance money or settlement of public

accounts in the General Accounting Office.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 10001

of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment

note under section 251 of this title.

-End-

-CITE-

41 USC Secs. 20a, 20b 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Secs. 20a, 20b. Repealed. Pub. L. 104-106, div. D, title XLIII,

Sec. 4321(i)(10), (11), Feb. 10, 1996, 110 Stat. 676

-MISC1-

Section 20a, act June 15, 1940, ch. 367, 54 Stat. 398, provided

exemption from section 20 of this title for contracts, etc.,

concerning national-forest lands.

Section 20b, act Nov. 28, 1943, ch. 328, 57 Stat. 592, provided

exemption from section 20 of this title for contracts, etc.,

concerning use of lands or water under jurisdiction of Department

of the Interior.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 4401

of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment

note under section 251 of this title.

-End-

-CITE-

41 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 21. Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96

Stat. 1069

-MISC1-

Section, acts July 31, 1894, ch. 174, Sec. 22, 28 Stat. 210; June

10, 1921, ch. 18, Secs. 304, 310, 42 Stat. 24, 25, provided that

the heads of the several executive departments and the proper

officers of other Government establishments, not within the

jurisdiction of any executive department, make appropriate rules

and regulations to secure a proper administrative examination of

all accounts sent to them before their transmission to the General

Accounting Office, and for the execution of other requirements of

section 20 of this title, insofar as the same related to the

several departments or establishments. See section 3521(a) of Title

31, Money and Finance.

-End-

-CITE-

41 USC Sec. 22 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 sections 1386, 1514; title

8 section 1363a; title 10 section 2343; title 15 section 714l;

title 19 section 2081; title 22 sections 1472, 2676; title 26

section 7608; title 33 section 702m.

-End-

-CITE-

41 USC Sec. 23 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 25. Repealed. Feb. 19, 1948, ch. 65, Sec. 11(a), 62 Stat. 25

-MISC1-

Section, R.S. Sec. 3729, related to contracts for bunting. See

section 2301 et seq. of Title 10, Armed Forces.

-End-

-CITE-

41 USC Sec. 26 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 26. Repealed. June 30, 1949, ch. 288, title VI, Sec.

602(a)(26), formerly title V, Sec. 502(a)(26), 63 Stat. 401;

renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583

-MISC1-

Section, acts Mar. 4, 1915, ch. 147, Sec. 5, 38 Stat. 1161; May

29, 1928, ch. 901, Sec. 1(5), 45 Stat. 986, related to exchange of

typewriters and adding machines in part payment for new machines.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1949, see section 605 of act June 30,

1949.

-End-

-CITE-

41 USC Sec. 27 01/06/03

-EXPCITE-

TITLE 41 - PUBLIC CONTRACTS

CHAPTER 1 - GENERAL PROVISIONS

-HEAD-

Sec. 27. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(109), 65 Stat.

705

-MISC1-

Section, act June 5, 1920, ch. 235, Sec. 7, 41 Stat. 947, related

to disposition of typewriting machines by Government departments

and establishments.

-End-

-CITE-

41 USC Secs. 28 to 34 01/06/03

-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 01/06/03

-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.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Walsh-Healey Act is referred to in section 356 of this title;

title 10 sections 2304, 7299; title 15 section 637; title 29

sections 251 to 256, 258, 259, 262, 653; title 30 section 846;

title 39 section 410; title 40 section 3701.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 36, 37, 38, 39, 40, 41,

42, 43, 43a, 44, 45, 356 of this title; title 10 section 2304;

title 15 sections 636, 637; title 25 section 450j; title 39 section

410.

-End-

-CITE-

41 USC Sec. 36 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 43a of this title; title

25 section 450j.

-End-

-CITE-

41 USC Sec. 37 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 43a of this title; title

25 section 450j.

-End-

-CITE-

41 USC Sec. 38 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 43a, 353 of this title;

title 25 section 450j; title 40 section 3704.

-End-

-CITE-

41 USC Sec. 39 01/06/03

-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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 43a, 353 of this title;

title 25 section 450j; title 33 section 941; title 40 section 3704.

-End-

-CITE-

41 USC Sec. 40 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 450j.

-End-

-CITE-

41 USC Sec. 41 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 43a of this title; title

25 section 450j.

-End-

-CITE-

41 USC Sec. 42 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 43a of this title; title

25 section 450j.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

41 USC Sec. 43 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 43a of this title; title

25 section 450j.

-End-

-CITE-

41 USC Sec. 43a 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 450j.

-End-

-CITE-

41 USC Sec. 43b 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 450j.

-End-

-CITE-

41 USC Sec. 45 01/06/03

-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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 37, 38, 39, 40, 41, 42,

43, 43a, 44, 356 of this title; title 10 section 2304; title 25

section 450j; title 39 section 410.

-End-

-CITE-

41 USC Sec. 46 01/06/03

-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 Health and Human Services, 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).

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (a)(1)

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-MISC2-

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.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Javits-Wagner-O'Day Act is referred to in section 253 of this

title; title 10 sections 2304, 2461; title 15 section 657a; title

40 sections 502, 593.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47, 48a, 48b, 48c of this

title; title 15 section 644.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

41 USC Sec. 47 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 48a of this title; title

10 sections 2410d, 2461; title 15 section 644; title 40 section

502.

-End-

-CITE-

41 USC Sec. 48 01/06/03

-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 01/06/03

-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 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2410d; title 40

section 502.

-End-

-CITE-

41 USC Sec. 48c 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46, 47, 48a, 48b of this

title.

-End-

-CITE-

41 USC Sec. 49 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 50 of this title.

-End-

-CITE-

41 USC Sec. 50 01/06/03

-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 01/06/03

-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'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 52 of this title.

-End-

-CITE-

41 USC Sec. 52 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 51 of this title.

-End-

-CITE-

41 USC Sec. 53 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 51, 52, 54, 55, 56, 57,

58 of this title.

-End-

-CITE-

41 USC Sec. 54 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 51, 52 of this title.

-End-

-CITE-

41 USC Sec. 55 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 51, 52 of this title.

-End-

-CITE-

41 USC Sec. 56 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 51, 52 of this title.

-End-

-CITE-

41 USC Sec. 57 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 51, 52 of this title.

-End-

-CITE-

41 USC Sec. 58 01/06/03

-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 General Accounting 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.)

-MISC1-

AMENDMENTS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 51, 52 of this title.

-End-