41. 42. 43. Same; liability for breach; cancellation; completion by Government agency; employee's wages. Same; distribution of list of persons breaching contract; future contracts prohibited. Same; administration; officers and employees; appointment; investigations; rules and regulations. Same; hearings by Secretary of Labor; witness fees; failure to obey order; punishment. Same; exceptions; modification of contracts; variations; overtime; suspension of representations and stipulations. Same; "person" defined. Same; effect of sections 35 to 45 on other laws. Same; sections 35 to 45 not applicable to certain contracts. 43a. Applicability of Administrative Procedure Act; wage determinations; administrative review; judicial review. 44. 45. 46. 10c. 10d. 11. 12. 13. 13a. 14. 15. 16. Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements. Definition of terms used in sections 10a and 10b. Clarification of Congressional intent regarding sections 10a and 10b (a). No contracts or purchases unless authorized or under adequate appropriation; report to the Congress. No contract to exceed appropriation. Repealed. Restriction on purchases of land. Transfers of contracts; assignments of claims; setoff against assignee. Repealed. 52. 53. 54. Same; separability of provisions. Same; effective date; exception as to representations with respect to minimum wages. Committee on purchases of blind-made products; creation; members. Same; fair market price, determination, revision; distribution of orders. Same; procurement at determined price. Fees or kick-backs by subcontractors on negotiated contracts; recovery by United States; conclusive presumptions; withholding of payments. Same; definitions. Same; power of General Accounting Office. Same; penalties. EXECUTIVE ORDER No. 10925 Ex. Ord. No. 10925, Mar. 6, 1961, 26 F.R. 1977 which related to nondiscrimination provisions in Government contracts, was revoked by section 403 of Ex.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. COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY Abolition of Committee on Equal Employment Opportunity, see Ex. Ord. No. 11246, § 403 (a), Sept. 24, 1965, 30 F.R. 12319, set out as a note under section 2000e of Title 42. CROSS REFERENCES "Defense contractor" defined, see section 50 of this title. Honorable discharge from land and naval forces as substitute for birth certificate required for defense employment, see section 49 of this title. Renegotiation Act, see section 1191 of Title 50, Appendix, War and National Defense. Renegotiation Act of 1948, see section 1193 of Title 50, Appendix. Renegotiation Act of 1951, see section 1211 et seq. of Title 50, Appendix. War and Defense Contract Acts, see section 1152 et seq. of Title 50, Appendix. §§ 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743. Section 1 to 4, R. S. §§ 512-515, respectively, created a "returns office" for filing and keeping of all returns of contracts made by the Secretaries of War, Navy, and Interior. Section 1 amended by act Feb. 4, 1929, ch. 146, §§ 1, 3, 45 Stat. 1147. Section 4a, act Feb. 4, 1929, ch. 146, §§ 1, 3, 45 Stat. 1147, transferred returns office to the General Accounting Office and imposed duties relating thereto upon the Comptroller General. §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. 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 $2,500, (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 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. (R. S. § 3709; Aug. 2, 1946, ch. 744, §9 (a), (c), 60 Stat. 809; June 30, 1949, ch. 288, title VI, § 602(f), formerly title V, § 502(e), 63 Stat. 400, renumbered Sept. 5, 1950, ch. 849, §§ 6 (a), (b), 8(c), 64 Stat. 583; Aug. 28, 1958, Pub. L. 85-800, § 7, 72 Stat. 967.) DERIVATION Act Mar. 2, 1861, ch. 84, § 10, 12 Stat. 220. Section 1638 of Appendix to Title 50, referred to in the text, was repealed by act June 30, 1949, ch. 288, title VI, §602(a) (1), 63 Stat. 399, eff. July 1, 1949, renumbered by act Sept. 5, 1950, ch. 849, §6 (a), (b), 61 Stat. 583, and is now covered by chapter 10 of Title 40, Public Buildings, Property, and Works. AMENDMENTS 1958-Pub. L. 85-800 substituted "$2,500" for "$500" in first sentence. 1949-Act June 30, 1949, raised the limitation from $100 to $500. 1946-Act Aug. 2, 1946, among other changes, inserted clauses (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 of section by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works. 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. NATIONAL DEFENSE CONTRACTS Negotiation of contracts for naval vessels, aircraft, and equipment, without advertisement or competitive bidding during temporary emergency, see section 1152 et seq. of Title 50, Appendix, War and National Defense. SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Section inapplicable to procurement of supplies 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." CROSS REFERENCES Air pollution control grants-in-aid and contracts, see section 1857d of Title 42, The Public Health and Welfare. Architect of Capitol, purchasing supplies and procuring services not in excess of $1,000, see section 6a-1 of this title. Armed services, procurement of supplies and services, see chapters 137 and 141 of Title 10, Armed Forces. Conservation, National Park Service Hiring of work animals and equipment not required to comply with this section in certain cases, see section 171 of Title 16, Conservation. Materials and equipment for control, suppression, and eradication of forest insects and tree diseases, exception of, see section 594-5 of Title 16. Seeding and tree planting within national forests, open purchases without advertisement, see section 504 of Title 16. Services and accommodations for public in national parks and national monuments, see section 17b of Title 16. Contracts for transportation of moneys, bullion, coin, etc., see section 24 of this title. Control of coal-mine fires, employment of equipment by Secretary of Interior without regard to this section, see section 556 of Title 30, Mineral Lands and Mining. Definition of terms employed in this section, see section 5a of this title. District of Columbia Advancements for public works and equipment excepted, see section 1563 of Title 42. Farm Credit Administration, maintenance and disposal of properties by, see section 1141b of Title 12, Banks and Banking. Farm Housing, service and supply contracts not exceeding $300 unaffected by provisions of this section, see section 1480 (a) of Title 42. Federal Deposit Insurance Corporation, Comptroller General authorized for purposes of audit thereof to employ by contract professional services of firms and organizations of certified public accountants without regard to this section, see section 1827 (d) of Title 12. Federal Power Commission Bonneville power project, purchase of supplies and services without advertisement, see section 832g of Title 16. Contracts for engraving, lithographing, and photolithographing, without advertisement for proposals, see section 825k of Title 16. Fort Peck power project, purchase of supplies and services without advertisement, see section 833f of Title 16. Fishery resources, authority of Secretary of Interior to contract to utilize state facilities and services without regard to this section, see section 757 of Title 16. General Services Administration, procurement of supplies or services, see section 260 of this title. Highway research program, inapplicability of this section to contracts, see section 307 (a) of Title 23, Highways. House of Representatives, procurement of packing boxes, see section 100 of Title 2, The Congress. Housing Contracts for hazard insurance and purchases by Federal Housing Commissioner, excepted, see sections 1703 (c) (2), 1710 (g) and 1713 (1) of Title 12. Purchases and contracts by Housing and Home Finance Administrator, Federal Home Loan Bank Board, Federal Housing Commissioner, and Public Housing Commissioner excepted from this section, see section 1071c(b) (2) of Title 12. Purchases and contracts for services or supplies under $1,000 for national defense housing excepted from this section, see section 1750c (f) of Title 12. International health research, authority of President to contract with public and nonprofit private institutions and agencies and individuals in participating foreign countries without regard to provisions of this section, see section 2103 of Title 22, Foreign Relations and Intercourse. Menominee Indian Reservation, supplies for operations on reservation, and sale of Indian-produced forest products, see section 6b of this title. National defense education program, Commissioner's power to utilize services and facilities of public or nonprofit agencies without regard to this section, see section 581 of Title 20, Education. National Fisheries Center and Aquarium, authority of Secretary of Interior to provide for vessels for specimen collecting puruposes without regard to this section, see section 1652 of Title 16. National Science Foundation, contracts and other arrangements, see section 1870 of Title 42. Procurement of transportation services from common carrier, exception of, see section 65 of Title 49, Transportation. Public Printing Authority required to authorize publication of advertisements, notices, or proposals for any Executive Department, see section 3702 of Title 44, Public Printing and Documents. Purchase of paper and materials for the Government Printing Office, see section 504 et seq. of Title 44. Radium, purchase without regard to this section, see section 283 (a) of Title 42. Railroad Retirement Board, services and supplies for, see section 361 (c) of Title 45, Railroads. Reconditioning of foreign merchant vessels acquired under emergency authority, see section 198 of Title 50, War and National Defense. References to this section deemed references to section 252 (c) of this title, see section 260 of this title. Small Business Administrator, power to pursue assigned claims to final collection in connection with loans, see section 634 of Title 15, Commerce and Trade. State Department— Foreign service buildings, furnishings for without regard to this section, see section 295b of Title 22. Foreign Service Institute, acquisition of realty and other property and equipment for without regard to this section, see section 1047 of Title 22. International Labour Conference, printing and binding for without regard to this section, see section 272a (b) (1) of Title 22. International Refugee Organization, funds available for expenditure without regard to this section, see section 289c of Title 22. South Pacific Commission, printing and binding for without regard to this section, see section 280b of Title 22. United Nations, printing and binding for without regard to this section, see section 287c of Title 22. Stationery for United States Senate and House of Representatives, advertisement for sealed proposals, see section 106 of Title 2. Virgin Islands, internal development, acquisition of land, and use of funds, etc., without regard to this section, and inapplicability of this section to certain purchases and services, see sections 1409b, 1409f and 14091 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5a, 6a, 6b, 6a-1, 252, 260 of this title; title 2 sections 72a, 135a; title 5 sections 3109, 4105, 8709, 8714a, 8902; title 7 sections 79, 4271, 1624; title 8 sections 1252, 1355; title 10 section 2314; title 12 sections 1141b, 1701z-2, 1703, 1710, 1713, 1739, 1747g, 1750c, 1788, 1827; title 15 section 634; title 16 sections 17b, 343b, 450j-1, 504, 580c, 590z-3, 594-5, 757, 9167, 961, 1052; title 19 section 1802; title 20 sections 331a, 1034, 1068; title 21 section 872; title 22 sections 280b, 2801, 280k, 287r, 289c, 290b, 1047, 1441, 2103, 2179; title 23 section 140; title 24 sections 322, 324; title 29 section 671; title 30 section 556; title 31 section 866; title 33 section 1155; title 38 sections 216, 766, 1820, 4202; title 40 sections 71a, 276a-7, 484, 609; title 42 sections 242c, 263d, 283, 285, 298c-7, 1395t, 1395u, 1479, 1524, 1532, 1543, 1563, 1592d, 1592h, 1857b, 1857b-1, 1870, 2051, 2061, 2063, 2075, 2096, 2210, 2293, 2295, 2310, 2349, 47-500 0-71-vol. 8 -64 2362, 3211, 4081, 4082, 4372; title 45 section 361; title 46 sections 1119b, 1126; title 48 sections 1409b, 1409f, 1409]; title 49 sections 65, 1159, 1638; title 50 sections 98b, 198. § 5a. Definitions. 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 849 of Title 31. (Aug. 2, 1946, ch. 744, § 18, 60 Stat. 811.) REFERENCES IN TEXT The sections of "this Act" referred to in the text, which are now in existence, are classified to section 5 of this title and sections 529 and 638a of Title 31. § 6. Repealed. Oct. 31, 1951, ch. 654, § 1 (98)—(105), 65 Stat. 705. Section, acts Oct. 10, 1940, ch. 851, § 1, 54 Stat. 1109; June 28, 1941, ch. 258, titles II, III, IV, 55 Stat. 281, 289, 292, 302; June 8, 1942, ch. 396, § 1, 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, title I, § 101, 58 Stat. 351, title II, § 201, 58 Stat. 358; June 13, 1945, ch. 189, § 1, 59 Stat. 256; July 1, 1946, ch. 530, § 101, 60 Stat. 405; June 30, 1947, ch. 166, title II, § 204, 61 Stat. 208; June 30, 1949, ch. 288, title I, §§ 103, 104 (a), 63 Stat. 380, which excepted from the 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, was superseded and rendered unnecesary by section 5, as amended. Another provision of title III of act July 2, 1942, ch. 472, on page 493 of 56 Statutes at Large, 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, too, was superseded and rendered unnecessary by section 5 of this title. FORMER SECTION 6 A prior section 6 was repealed by act Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111, and is now covered by sections 5, 6a, and 6b of this title. It was from 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, § 1, 39 Stat. 126; Mar. 1, 1919, ch. 86, § 1, 40 Stat. 1262; May 29, 1920, ch. 214, § 1, 41 Stat. 677; June 12, 1922, ch. 218, 42 Stat. 638; Feb. 13, 1923, ch. 72, 42 Stat. 1244; Feb. 15, 1934, ch. 13, § 1, 48 Stat. 351. § 6a. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; limited to particular agencies under specified circumstances. 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 Commissionto any leases in foreign countries for office or garage space. (b)-(e) Repealed. Oct. 31, 1951, ch. 654, § 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, § 1 (107), 65 Stat. 705. (h) Department of State-when the purchase or service relates to the packing or personal and household effects of Diplomatic, Consular, and Foreign Service officers and clerks for foreign shipment. (i) Repealed. Oct. 31, 1951, ch. 654, § 1 (107), 65 Stat. 705. (j) The International Committee of Aerial Legal Experts to stenographic and other service by contract as deemed necessary. (June 12, 1917, ch. 27, § 1, 40 Stat. 144; May 13, 1926, ch. 294, § 1, 44 Stat. 547; Oct. 10, 1940, ch. 851, § 2, 54 Stat. 1110; June 28, 1941, ch. 259, § 1, 55 Stat. 344; Oct. 31, 1951, ch. 654, §§ 1 (106-108), 3 (8, 9), 4 (9), 65 Stat. 705, 708, 709; July 1, 1957, Pub. L. 85-75, § 101, 71 Stat. 251.) CODIFICATION Opening par., and subsecs. (a), (f), (h), and (j) are from act Oct. 10, 1940, § 2, opening par., and pars. (a), (f), and (j). Remainder of paragraphs of section 2 were repealed. See 1951 amendment note under this section. Subsec. (0), which was from Act May 13, 1926, made section 5 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 is now omitted. The subject matter is now covered by section 6a-1 of this title. AMENDMENTS 1957-Subsec. (o). Pub. L. 85-75 substituted "$1,000" for "$500". 1951-Subsec. (a). Act Oct. 31, 1951, § 3 (8), struck out "to any purchases when the aggregate amount involved does not exceed $500, nor" preceding "to any leases". Subsec. (h). Act Oct. 31, 1951, § 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" preceding "when the purchase". Subsec. (o). Act Oct. 31, 1951, § 4(9), increased the maximum from $200 to $500. REPEALS Former subsecs. (b)-(e) and (g), which related to the Botanic Garden, Bureau of the Budget, and the Bureau of Foreign and Domestic Commerce, were repealed by act Oct. 31, 1951, § 1 (107), in repealing act Oct. 10, 1940, ch. 851, § 2, subsecs. (b)-(e) and (g), 54 Stat. 1110. Former subsecs. (1) and (k)-(n), which related to the Federal Communications Commission, the Medical Department of the Army, the Social Security Board, the Bureau of Mines and the Bureau of Reclamation, were repealed by act Oct. 31, 1951, § 1 (107), (108), in repealing acts Oct. 10, 1940, ch. 851, § 2, subsecs. (1) and (k)—(n), 54 Stat. 1110, 1111: June 28, 1941, ch. 259, § 1, 55 Stat. 344. Former subsec. (p), which related to the Geological Survey, was repealed by act Oct. 31, 1951, § 1 (106), in repealing act June 12, 1917, ch. 27, § 1, 40 Stat. 144. Section 4 (a) of act Oct. 10, 1940, provided for repeal of all prior laws, which are now 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 now covered by section 2670 of Title 22, Foreign Relations and Intercourse Departments and Government Offcers and Employees. BUREAU OF EMPLOYEES' COMPENSATION Section 5 of this title shall not apply to any purchase or service of Bureau outside continental United States when the aggregate amount involved does not exceed $500 under acts July 8, 1947, ch. 210, title II, § 201, 61 Stat. 264; June 14, 1948, ch. 465, title II, § 201, 62 Stat. 396; June 29, 1949, ch. 275, title II, § 201, 63 Stat. 284. Such Bureau, with its functions, was transferred from the Federal Security Agency to the Department of Labor by 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1271. GOVERNMENT-OWNED FURNITURE REMOVED TO WASHINGTON, D. C. Section 101 of 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 of supplies or services by Armed Services and National Aeronautics and Space Administration, see section 2314 of Title 10, Armed Forces. FORMER SECTION 6a Former section 6a was repealed by act Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111, and is now covered by this section and section 6b of this title. It was from 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, § 1, 49 Stat. 102; May 15, 1936, ch. 405, § 1, 49 Stat. 1347; June 16, 1937, ch. 359, § 1, title IV, 50 Stat. 298; Apr. 27, 1938, ch. 180, title IV, § 1, 52 Stat. 285; June 29, 1939, ch. 249, § 1. 53 Stat. 921; June 26, 1940, ch. 428, title I, 54 Stat. 575. See also note under section 6b relating to former sections 6a-1 to 6mm of this title. CROSS REFERENCES Exemption of all purchases and contracts when the amount involved does not exceed $500, see section 5 of this title. General Services Administration, section inapplicable to procurement of property or services by, see section 260 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2314. § 6a-1. Same; Architect of the Capitol. 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 $2,500 in any instance. (Pub. L. 89-90, § 101, July 27, 1965, 79 Stat. 276.) § 6b. Same; miscellaneous exceptions. (a) Control of insects, pests, and grass diseases. Materials and equipment for the control of incipient or emergency outbreaks of insects, pests, or |