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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, 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 [sections 10a-10c of this title], 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 [section 252 (b) of this title], section 2 (b) of the Armed Services Procurement Act of 1947, as amended [former section 151 (b) of this title], and section 202 of the Small Business Act of 1953 [section 631 of Title 15]; 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 Office of Emergency Planning [now Office of Emergency Preparedness]. 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 pro

curement 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 Bureau of the Budget [now Office of Management and Budget] by the official making the determination within 30 days thereafter. DWIGHT D. EISENHOWER

§ 11. No contracts or purchases unless authorized or under adequate appropriation; report to the Congress.

(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 Departments of the Army, Navy, and Air Force, 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 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. (R.S. § 3732; June 12, 1906, ch. 3078, 34 Stat. 255; Oct. 15, 1966, Pub. L. 89-687, title VI, § 612(e), 80 Stat. 993.)

DERIVATION

Act Mar. 2, 1861, ch. 84, § 10, 12 Stat. 220.

CODIFICATION

The Department of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 501, and Secretary of Defense Transfer Orders No. 6, eff. Jan. 15, 1948; No. 12 [§ 1 (13) ], May 14, 1948; No. 39, May 18, 1949, and No. 40 [App. B(115) ], July 22, 1949. The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 and 8011-8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

AMENDMENTS

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."

CROSS REFERENCES Contracts for Indian supplies in advance of appropriations, see section 99 of Title 25, Indians.

Expenditure by any department in excess of appropriations prohibited, see section 665 of Title 31, Money and Finance.

Printing appropriations not to be exceeded, see section 1102 of Title 44, Public Printing and Documents.

Projects under Mexican treaties, authority to enter into contracts beyond amount appropriated, notwithstanding this section, see section 277d-3 of Title 22, Foreign Relations and Intercourse.

Public lands, fire protection: contract authority of Secretary of Interior for use of aircraft, and for supplies

and services, in advance of appropriation; accrual of
obligation; contingent obligation, see section 1362a of
Title 43, Public Lands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 277d-3;
title 50 App. section 2094.

§ 12. No contract to exceed appropriation.

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 Gov-
ernment to pay a larger sum of money than the
amount in the Treasury appropriated for the spe-
cific purpose. (R. S. § 3733.)

DERIVATION

Act July 25, 1868, ch. 233, § 3, 15 Stat. 177.

CROSS REFERENCES

Contracting officer paying larger amount than specific
appropriation, punishment for, see section 435 of Title 18,
Crimes and Criminal Procedure.

Foreign military personnel, furnishing facilities for
training of without regard to this section, see section 2396
of Title 22, Foreign Relations and Intercourse.

Making of contracts for public buildings on partial
appropriations, see section 261 of Title 40, Public Build-
ings, Property, and Works.

Projects under Mexican treaties, authority to enter into
contracts beyond amount appropriated, notwithstanding
this section, see section 277d-3 of Title 22.

Provisions inapplicable to lease-purchase contracts,
see section 356 (j) of Title 40.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 sections 277d-3,
2396; title 40 section 356.

§ 13. Contracts limited to one year.

Except as otherwise provided, it shall not be lawful
for any of the executive departments to make con-
tracts for stationery or other supplies for a longer
term than one year from the time the contract is
made. (R. S. § 3735.)

DERIVATION

Res. Jan. 31, 1868, No. 8, 15 Stat. 246; Res. Mar. 24,
1874, No. 6, 18 Stat. 286.

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 of supplies or
services by Armed Services and National Aeronautics
and Space Administration, see section 2314 of Title 10,
Armed Forces.

CROSS REFERENCES

Contracts by Secretary of the Treasury for manufac-
ture of distinctive paper for United States securities, see
section 418 of Title 31, Money and Finance.

General Services Administration, section inapplicable
to procurement of property or services, see section 260 of
this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 260 of this title;
title 10 section 2314.

§ 13a. Repealed. Pub. L. 86-682, § 12(c), Sept. 2, 1960,
74 Stat. 710.

Section, act Mar. 24, 1874, No. 6, 18 Stat. 286, excepted
mail bags, mail locks, and keys from the provisions of
section 13 of this title.

§ 14. Restriction on purchases of land.

No land shall be purchased on account of the
United States, except under a law authorizing such
purchase. (R. S. § 3736.)

DERIVATION

Act May 1, 1820, ch. 52, § 7, 3 Stat. 568.
CROSS REFERENCES

Provisions inapplicable to lease-purchase contracts, see
section 356 (j) of Title 40, Public Buildings, Property, and
Works.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 40 section 356.

§ 15. Transfers of contracts; assignments of claims;
set-off against assignee.

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 are
concerned. All rights of action, however, for any
breach of such contract by the contracting parties,
are reserved to the United States.

The provisions of the preceding paragraph 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 pro-
viding for payments aggregating $1,000 or more, are
assigned to a bank, trust company, or other financ-
ing institution, including any Federal lending
agency: Provided, 1. That in the case of any con-
tract entered into prior to October 9, 1940, no claim
shall be assigned without the consent of the head of
the department or agency concerned; 2. 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; 3. That un-
less otherwise expressly permitted by such contract
any such assignment shall cover all amounts pay-
able 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; 4. 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 assignment with (a) the con-
tracting 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.

Notwithstanding any law to the contrary govern-
ing the validity of assignments, any assignment
pursuant to this section, shall constitute a valid
assignment for all purposes.

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 depart-
ment or agency thereof, whether arising from or in-
dependently of such contract, shall create or im-
pose any liability on the part of the assignee to make
restitution, refund, or repayment to the Unit

States of any amount heretofore since July 1, 1950, or hereafter received under the assignment.

Any contract of the Department of Defense, the General Services Administration, the Atomic Energy Commission, 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, 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 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 set-off, 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 (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 nonwithholding of taxes or social security contributions, whether arising from or independently of such contract.

Except as herein otherwise provided, nothing in this section, shall be deemed to affect or impair rights or obligations heretofore accrued. (R. S. § 3737; Oct. 9, 1940, ch. 779, § 1, 54 Stat. 1029; May 15, 1951, ch. 75, 65 Stat. 41.)

DERIVATION

Act July 17, 1862, ch. 200, § 14, 12 Stat. 596.

AMENDMENTS

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, added the second and third paragraphs of this section.

MONEYS DUE UNDER LETTERS OF COMMITMENT ISSUED IN CONNECTION WITH DISPOSITION OF SURPLUS AGRICUL

TURAL 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 section 203 of Title 31, Money and Finance, see section 1702 of Title 7, Agriculture.

CROSS REFERENCES

Assignment of claims, generally, see section 203 of Title 31, Money and Finance.

Renegotiation of war and defense contracts, see sections 1193 and 1211 et seq. of Title 50, Appendix, War and National Defense.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2392; title 50 App. section 1215.

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

Section, R. S. § 3744; acts June 15, 1917, ch. 29, § 1, 40 Stat. 198; Feb. 4, 1929, ch. 146, § 1, 45 Stat. 1147, related to requirement that contracts made by the Secretaries of War, Navy and Interior be in writing, and that copies thereof be filed in the returns office of the Department of the Interior.

SS 16a to 16d. Omitted.

CODIFICATION

Section 16a, acts June 25, 1910, ch. 431, § 23, 36 Stat. 861; May 18, 1916, ch. 125, § 1, 39 Stat. 126; Jan. 12, 1927, ch. 27, 44 Stat. 936, authorized purchases by Department of Interior without compliance with former section 16 of this title.

Section 16b, acts Apr. 17, 1936, ch. 233, § 1, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, § 1, 52 Stat. 393; June 16, 1939, ch. 208, § 1, 53 Stat. 834; June 18, 1940, ch. 396, § 1, 54 Stat. 474, authorized purchases by Botanic Garden without compliance with former section 16 of this title.

Section 16c, act May 13, 1926, ch. 294, § 1, 44 Stat. 547, authorized purchases by Architect of Capitol without compliance with former section 16 of this title. Similar provisions were included in section 6a (0) of this title. making purchases not subject to section 5 of this title. Section 16d, act Aug. 4, 1939, ch. 418, § 13, 53 Stat. 1197, authorized purchases by Bureau of Reclamation without compliance with former section 16 of this title.

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

Section 17, R. S. § 3745, provided that an affidavit be affixed to the return of contract required by former section 16 of this title.

Section 18, R. S. § 3746, provided punishment for fallure to make returns of contracts as required by former sections 16 and 17 of this title.

Section 19, R. S. § 3747, imposed duty on Secretaries of War, Navy, and Interior to furnish officers with letters of instruction relating to their duties under former sections 17 and 18, contract forms, and affidavits, to insure uniformity.

§ 20. Deposit of contracts.

All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the General Accounting Office: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress. (R. S. § 3743; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 249; July 31, 1894, ch. 174, § 18, 28 Stat. 210; June 10, 1921, ch. 18, §§ 304, 310, 42 Stat. 24, 25.)

DERIVATION

Acts July 16, 1798, ch. 85, § 6, 1 Stat. 610; Feb. 27, 1877, ch. 69, 19 Stat. 249.

AMENDMENTS

1894-Act July 31, 1894, amended the section to read "shall be deposited promptly in the offices of the Auditors of the Treasury, according to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress." 1877-Act Feb. 27, 1877, inserted after the words "in the office of the First Comptroller of the Treasury of the United States" the words "the Second Comptroller of the Treasury of the United States, or the Commissioner of Customs, respectively, according to the nature thereof."

TRANSFER OF FUNCTIONS
The offices of the six auditors of the Treasury Depart-
ment were abolished and all powers and duties conferred
or imposed by law upon such officers were transferred
and vested in the General Accounting Office by act June
10, 1921.

CROSS REFERENCES

Copies of all contracts made by Commissioner of Indian
Affairs to be furnished General Accounting Office, see
section 96 of Title 25, Indians.

General Accounting Office, see section 41 et seq. of Title
31, Money and Finance.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 20a, 20b, 20c of
this title; title 16 section 799.

§ 20a. Same; exemption of contracts concerning na-
tional-forest lands.

Permits, contracts, agreements, or other instru-
ments requiring payments into the Treasury of the
United States on account of sale of national-forest
products, use of national-forest land, or other
sources of national-forest revenue, including con-
tributions by cooperators in connection with au-
thorized activities of the Forest Service, shall be ex-
empt from the provisions of section 20 of this title,
when the permit or other instrument does not re-
quire payment to the Government in excess of $300
in any one fiscal year. (June 15, 1940, ch. 367, 54
Stat. 398.)

§ 20b. Same; exemption of leases, contracts, etc., con-
cerning use of lands or waters under jurisdiction
of Department of Interior.

Leases, permits, licenses, contracts, agreements,
and other instruments providing for payments to the
United States on account of the use of lands or
waters under the jurisdiction of the Department of
the Interior, or on account of the sale of products
of such lands or waters, or on account of other
transactions incident to the administration of such
lands or waters, including contributions by cooper-
ators, but excluding sales of used equipment, shall
be exempt from the provisions of section 20 of this
title, when the lease or other instruments do not
require payment to the Government in excess of
$300 in any one fiscal year: Provided, however, That
the Secretary of the Interior may prescribe from
time to time regulations requiring that originals or
copies of any class or group of documents within
the foregoing exemption, in the circumstances and
upon the conditions designated by him in such reg-
ulations, shall be deposited in the General Account-
ing Office for audit purposes. (Nov. 28, 1943, ch. 328,
57 Stat. 592.)

§ 21. Same; rules and regulations.

The heads of the several executive departments
and the proper officers of other Government estab-
lishments, not within the jurisdiction of any execu-
tive department, shall make appropriate rules and
regulations to secure a proper administrative ex-
amination of all accounts sent to them as required
by section 78 of Title 31, before their transmission
to the General Accounting Office, and for the execu-
tion of other requirements of section 20 of this title,
in so far as the same relate to the several depart-
ments or establishments. (July 31, 1894, ch. 174,
§ 22, 28 Stat. 210; June 10, 1921, ch. 18, §§ 304, 310,
42 Stat. 24, 25.)

REFERENCES IN TEXT

In the original "section 20" read "Act" meaning act
July 31, 1894. For distribution of such act in this Code,
see tables volume.

TRANSFER OF FUNCTIONS

The offices of the six auditors of the Treasury Depart-
ment were abolished and all powers and duties conferred
or imposed by law upon such officers were transferred
and vested in the General Accounting Office by act June
10, 1921.

CROSS REFERENCES

Comptroller General authorized to prescribe systems
and procedure for the administrative examination of
accounts, see section 49 of Title 31, Money and Finance.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 66b.

§ 22. Interest of Member of Congress.

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 con-
tract or agreement, or to any benefit to arise there-
upon. Nor shall the provisions of this section apply
to any contracts or agreements heretofore or here-
after entered into under the Agricultural Adjust-
ment Act, the Federal Farm Loan Act, the Emer-
gency 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, 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. (R. S. § 3741;
Feb. 27, 1877, ch. 69, § 1, 19 Stat. 249; Jan. 25, 1934,
ch. 5, 48 Stat. 337; June 27, 1934, ch. 847, title V,
§ 510, 48 Stat. 1264; Aug. 26, 1937, ch. 821, 50 Stat.
838.)

DERIVATION

Acts Apr. 21, 1808, ch. 48, § 3, 2 Stat. 484; Feb. 27, 1877,
ch. 69, 19 Stat. 249.

REFERENCES IN TEXT

The popular name acts referred to in the text have
been classified as follows:

Agricultural Adjustment Act, see chapter 26 of Title 7,
Agriculture.

Federal Farm Loan Act, see note under section 641 of
Title 12, Banks and Banking.

Emergency Farm Mortgage Act of 1933, see sections
347, 723, 771, 781, 810, 823 note, 1016 of Title 12, Banks
and Banking.

Federal Farm Mortgage Corporation Act, see sections
347, 355, 772, 781, 897, 1061, 11311, 1138b of Title 12,
Banks and Banking. Other classifications to the Code
were repealed by Pub. L. 87-353, § 3, Oct. 4, 1961, 75 Stat.
773.

Farm Credit Act of 1933, see note under section 639 of
Title 12, Banks and Banking.

Home Owners' Loan Act of 1933, see sections 1424,
1461, 1462, 1464-1466, 1468 of Title 12, Banks and
Banking.

AMENDMENTS

1937-Act Aug. 26, 1937, added the provision at the end
beginning with "and shall not apply."

1934-Act June 27, 1934, inserted "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 "Nor shall the provision
Agricultural Adjustment Act."

1877-Act Feb. 27, 1877, inserted "or Delegate to" after
"that no Member of."

CROSS REFERENCES

Acquisition of land for flood control, applicability of this section, see section 702m of Title 33, Navigation and Navigable Waters.

Commodity Credit Corporation, agreements of, except agreements with farmers participating in Corporation's program, subject to this section, see section 7141 of Title 15, Commerce and Trade.

Contracts by Members of Congress and exemptions with respect to certain contracts, see sections 431 and 433 of Title 18, Crimes and Criminal Procedure.

Secretary of State contracts with foreign or domestic agencies for purposes of United States exchange program excepted from this section, see section 1472 (2) of Title 22, Foreign Relations and Intercourse.

agreements

Section inapplicable to crop-insurance made under the Federal Crop Insurance Act, chapter 36 of Title 7, Agriculture, see section 1514 (f) of Title 7. Section inapplicable to loans or payments made under sections 590h and 5900 of Title 16, Conservation, and the Agricultural Adjustment Act of 1938, chapter 35 of Title 7, Agriculture, except section 1383 (a), see section 1386 of Title 7.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 1514; title 15 section 714b; title 22 sections 1472, 2676; title 33 section 702m.

§ 23. Orders or contracts for material placed with Government-owned establishments deemed obli

gations.

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. (June 5, 1920, ch. 240, 41 Stat. 975; July 1, 1922, ch. 259, 42 Stat. 812; June 2, 1937, ch. 293, 50 Stat. 245.)

AMENDMENTS

1937-Act June 2, 1937, continued this section in effect. 1922-Act July 1, 1922, inserted "for work or material near the beginning," "or contracts" following "similar orders" and "or private contractors" following "commercial manufacturers" in two places.

§ 24. Contracts for transportation of moneys, bullion, coin, and securities.

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. (July 7, 1884, ch. 332, 23 Stat. 204.) CODIFICATION

Section is from Sundry Civil Appropriation Act July 7, 1884, fiscal year 1885.

§ 24a. Cancellation of contracts for transportation; compensation.

CODIFICATION

Section, acts June 16, 1933, ch. 101, § 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.

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

25.

Section, R. S. § 3729, related to contracts for bunting, and is now covered generally by section 2301 et seq. of Title 10, Armed Forces.

§ 26. Repealed. June 30, 1949, ch. 288, title VI, § 602 (a) (26), 63 Stat. 401, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, § 6 (a), (b), 64 Stat. 583. Section, acts Mar. 4, 1915, ch. 147, § 5, 38 Stat. 1161; May 29, 1928, ch. 901, § 1 (5), 45 Stat. 986, related to exchange of typewriters and adding machines in part payment for new machines and is now covered by section 481 of Title 40, Public Buildings, Property, and Works.

§ 27. Repealed. Oct. 31, 1951, ch. 654, § 1 (109), 65 Stat. 705.

Section, act June 5, 1920, ch. 235, § 7, 41 Stat. 947, which related to disposition of typewriting machines by Government departments and establishments, is now covered by sections 481 (c), 483 and 484 of Title 40, Public Buildings, Property, and Works.

§§ 28 to 34. Omitted.

CODIFICATION

Sections 28-33, act June 16, 1934, ch. 553, §§ 1-6, 48 Stat. 974, 975, relating to claims for losses due to compliance with codes of fair competition, were omitted as executed.

Section 34, act Aug. 29, 1935, ch. 815, 49 Stat. 990, providing 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 was omitted as executed.

§ 35. Contracts for materials, etc., exceeding $10,000: representations and stipulations.

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 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;

(b) 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;

(c) 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 eight hours in any one day or in excess of forty hours in any one week: Provided, That the

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