Legislación
US (United States) Code. Title 41. Chapter 1: General provisions
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41 USC CHAPTER 1 - GENERAL PROVISIONS 01/06/03
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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 Repealed.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 Repealed.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 Repealed or Omitted.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 Repealed.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 Repealed or Omitted.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 Repealed.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 Repealed or Omitted.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.
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41 USC Secs. 1 to 4a 01/06/03
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TITLE 41 - PUBLIC CONTRACTS
CHAPTER 1 - GENERAL PROVISIONS
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Secs. 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743
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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.
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41 USC Sec. 5 01/06/03
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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.
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CODIFICATION
R.S. Sec. 3709 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12
Stat. 220.
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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.
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41 USC Sec. 5a 01/06/03
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TITLE 41 - PUBLIC CONTRACTS
CHAPTER 1 - GENERAL PROVISIONS
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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.)
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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.
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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.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 1344.
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41 USC Sec. 6 01/06/03
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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-
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41 USC Sec. 6a 01/06/03
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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-
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41 USC Sec. 6a-1 01/06/03
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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-
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41 USC Sec. 6a-2 01/06/03
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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-
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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