2012 US Code
Title 33 - Navigation and Navigable Waters
Chapter 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY (§§ 540 - 633)
Subchapter V - PROSECUTION OF WORK GENERALLY (§§ 621 - 633)
Section 624 - Limitation on improvement work by private contract
Publication Title | United States Code, 2012 Edition, Title 33 - NAVIGATION AND NAVIGABLE WATERS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER V - PROSECUTION OF WORK GENERALLY Sec. 624 - Limitation on improvement work by private contract |
Contains | section 624 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Mar. 2, 1919, ch. 95, §8, 40 Stat. 1290; Pub. L. 95-269, §2, Apr. 26, 1978, 92 Stat. 219. |
Statutes at Large References | 40 Stat. 1290 41 Stat. 1013, 1014 92 Stat. 219 |
Public Law References | Public Law 95-269 |
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No works of river and harbor improvement shall be done by private contract—
(1) if the Secretary of the Army, acting through the Chief of Engineers, determines that Government plant is reasonably available to perform the subject work and the contract price for doing the work is more than 25 per centum in excess of the estimated comparable cost of doing the work by Government plant; or
(2) in any other circumstance where the Secretary of the Army, acting through the Chief of Engineers, determines that the contract price is more than 25 per centum in excess of what he determines to be a fair and reasonable estimated cost of a well-equipped contractor doing the work.
(b) Considerations involved in determinations of estimation of cost of performance of work by Government plantIn estimating the comparable cost of doing the work under subsection (a)(1) of this section by Government plant the Secretary of the Army, acting through the Chief of Engineers shall, in addition to the cost of labor and materials, take into account proper charges for depreciation of plant, all supervising and overhead expenses, interest on the capital invested in the Government plant (but the rate of interest shall not exceed the maximum prevailing rate being paid by the United States on current issues of bonds or other evidences of indebtedness) and such other Government expenses and charges as the Chief of Engineers determines to be appropriate.
(c) Considerations involved in determinations of estimation of cost of performance of work by well-equipped contractorIn determining a fair and reasonable estimated cost of doing work by private contract under subsection (a)(2) of this section, the Secretary of the Army, acting through the Chief of Engineers, shall, in addition to the cost of labor and materials, take into account proper charges for depreciation of plant, all expenses for supervision, overhead, workmen's compensation, general liability insurance, taxes (State and local), interest on capital invested in plant, and such other expenses and charges the Secretary of the Army, acting through the Chief of Engineers, determines to be appropriate.
(Mar. 2, 1919, ch. 95, §8, 40 Stat. 1290; Pub. L. 95–269, §2, Apr. 26, 1978, 92 Stat. 219.)
CodificationSection is from the Rivers and Harbors Appropriation Act of 1919.
Amendments1978—Pub. L. 95–269 designated existing provision as subsec. (a), substituted provisions relating to determinations by the Secretary of the Army, acting through the Chief of Engineers, respecting contract prices for performance of works of river and harbor improvement by a Government plant or by a well-equipped contractor as a limitation on performance of the work by private contract, for provisions relating to limitation on use of funds for works of river and harbor improvement pursuant to private contract based on estimation of cost for performance of work by Government plant and factors constituting cost estimation, and added subsecs. (b) and (c).
Compensation for Increased CostsProvision for payment to contractors to compensate for loss occasioned by increased cost of materials during the war with Germany was made by section 10 of act Mar. 2, 1919, and act June 5, 1920, ch. 252, §5, 41 Stat. 1014.
Repeal of Limitation on CostsA provision for limitation on the costs of projects made by section 1 of act Mar. 2, 1919, was repealed by act June 5, 1920, ch. 252, §3, 41 Stat. 1013.
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