the provisions of appropriation Acts approved prior to June 19 1912. June 19, 1912, c. 174, § 2, 37 Stat. 138. § 325a. Same; computation of wages on basic day rate of eight hours; work in excess of day rate Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcon tractor engaged in the performance of any contract of the char acter specified in sections 324 and 325 of this title, shall be com puted on a basic day rate of eight hours per day and work in excess of eight hours per day shall be permitted upon compensa tion for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. Sept. 91 1940, 9 a.m., E.S.T., c. 717, Title III, § 303, 54 Stat. 884. § 326. Suspension of eight-hour law in case of emergency overtime pay In case of national emergency the President is authorized to suspend provisions of law prohibiting more than eight hour labor in any one day of persons engaged upon work covered by contracts with the United States: Provided, That the wages of persons employed upon such contracts shall be computed on basic day rate of eight hours work, with overtime rates to b paid for at not less than time and one-half for all hours work i excess of eight hours. Mar. 4, 1917, c. 180, 39 Stat. 1192. 41 U.S.C., Public Contracts § 5. Advertisements for proposals for purchases and contract for supplies or services for Government departments application to Government sales and contracts to sel Unless otherwise provided in the appropriation concerned o 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 th amount involved in any one case does not exceed $2,500, (2) wher the public exigencies require the immediate delivery of the article or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting office shall so certify, or (4) when the services are required to be per formed by the contractor in person and are (A) of a technica and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by sec tion 1638 of Appendix to Title 50, (2) when otherwise authorize by law, or (3) when the reasonable value involved in any on case does not exceed $500, sales and contracts of sale by the Gov ernment shall be governed by the requirements of this section for advertising. In the case of wholly owned Government corporations, this sec tion shall apply to their administrative transactions only. A amended Aug. 28, 1958, Pub. L. 85-800, § 7, 72 Stat. 967. §8. Opening bids 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. R.S. § 3710. Buy American Act (§§ 10a-10d) §10a. American materials required for public use 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. Mar. 3, 1933, c. 212, Title III, § 2, 47 Stat. 1520. $10b. Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements (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 hall contain a provision that in the performance of the work the ontractor, subcontractors, material men, or suppliers, shall use nly such unmanufactured articles, materials, and supplies as lave been mined or produced in the United States, and only such nanufactured articles, materials, and supplies as have been manuactured in the United States substantially all from articles, maerials, or supplies mined, produced, or manufactured, as the case may be, in the United States except as provided in section 10a of his title: Provided, however, That if the head of the departnent or independent establishment making the contract shall find hat in respect to some particular articles, materials, or supplies tis impracticable to make such requirement or that it would nreasonably increase the cost, an exception shall be noted in the pecifications as to that particular article, material, or supply, nd a public record made of the findings which justified the exeption. (b) If the head of a department, bureau, agency, or independnt establishment which has made any contract containing the rovision required by subsection (a) of this section finds that in the performance of such contract there has been a failure to com ply with such provisions, he shall make public his findings, in cluding therein the name of the contractor obligated under suc contract, and no other contract for the construction, alteration, of repair of any public building or public work in the United State or elsewhere shall be awarded to such contractor, subcontractors material men, or suppliers with which such contractor is asso ciated or affiliated, within a period of three years after such find ing is made public. Mar. 3, 1933, c. 212, Title III, § 3, 47 Stat 1520. § 10c. Definition of terms used in sections 10a and 10b When used in sections 10a and 10b of this title— (a) The term "United States", when used in a geographica sense, includes the United States and any place subject to the juris diction thereof; (b) The terms "public use", "public building", and "publi work" shall mean use by, public building of, and public work of the United States, the District of Columbia, Hawaii, Alaska Puerto Rico, American Samoa, the Canal Zone, and the Virgi Islands. Mar. 3, 1933, c. 212, Title III, § 1, 47 Stat. 1520; 194 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352. § 10d. Clarification of Congressional intent regarding section 10a and 10b(a) In order to clarify the original intent of Congress, hereafter section 10a of this title and that part of section 10b (a) of thi title preceding the words "Provided, however," shall be regarde as requiring the purchase, for public use within the United State: of articles, materials, or supplies manufactured in the Unite States in sufficient and reasonably available commercial quantitie and of a satisfactory quality, unless the head of the departmen or independent establishment concerned shall determine their pur chase to be inconsistent with the public interest or their cost t be unreasonable. Oct. 29, 1949, c. 787, Title VI, § 633, 63 Sta 1024. EXECUTIVE ORDER NO. 10582 DEC. 17, 1954, 19 F.R. 8723 UNIFORM PROCEDURES FOR DETERMINATIONS SECTION 1. As used in this order, (a) the term "materials" includes article and supplies, (b) the term "executive agency" includes executive depar ment, independent establishment, and other instrumentality of the exec tive branch of the Government, and (c) the term "bid or offered price ( materials of foreign origin" means the bid or offered price of such material delivered at the place specified in the invitation to bid including applicabl duty and all costs incurred after arrival in the United States. SEC. 2. (a) For the purposes of this order materials shall be considere to be of foreign origin if the cost of the foreign products used in such mɛ terials constitutes fifty per centum or more of the cost of all the product used in such materials. (b) For the purposes of the said act of March 3, 1933 [section 10a-10c¢ this title], and the other laws referred to in the first paragraph of th preamble of this order, the bid or offered price of materials of domesti origin shall be deemed to be unreasonable, or the purchase of such material shall be deemed to be inconsistent with the public interest, if the bid o offered price thereof exceeds the sum of the bid or offered price of lik 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 [sections 252(b) of this title], section 2(b) of the Armed Services Procurement Act of 1947, as amended [repealed; now covered by sections 2301, 2303-2305 of Title 10], 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 materials 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 any officer of the Government designated by the President to furnish such advice. 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 Bureau of the 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 No contract or purchase on behalf of the United States shall be nade, unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the Departments of he 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. R.S. § 3732; June 12, 1906, c. 3078, 34 Stat. 255. § 12. No contract to exceed appropriation No contract shall be entered into for the erection, repair, or fur nishing of any public building, or for any public improvemen which shall bind the Government to pay a larger sum of mone than the amount in the Treasury appropriated for the specifi purpose. § 14. Restriction on purchases of land No land shall be purchased on account of the United States except under a law authorizing such purchases. R.S. § 3736. § 15. Transfers of contracts; assignments of claims; set-of against assignee No contract or order, or any interest therein, shall be trans ferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment o the contract or order transferred, so far as the United States ar concerned. All rights of action, however, for any breach of sucl contract by the contracting parties, are reserved to the United States. The provisions of the preceding paragraph shall not apply i any case in which the moneys due or to become due from th United States or from any agency or department thereof, unde a contract providing for payments aggregating $1,000 or more are assigned to a bank, trust company, or other financing insti tution, including any Federal lending agency: Provided, 1. Tha 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; 2. That in the case of any contract entered into after October 9, 1940, no claim shall b assigned if it arises under a contract which forbids such assign ment; 3. That unless otherwise expressly permitted by such con tract any such assignment shall cover all amounts payable unde such contract and not already paid shall not be made to mor than one party, and shall not be subject to further assignment except that any such assignment may be made to one party at agent or trustee for two or more parties participating in such financing; 4. That in the event of any such assignment, the as signee thereof shall file written notice of the assignment togethe with a true copy of the instrument of assignment with (a) the con tracting officer or the head of his department or agency; (b) th surety or sureties upon the bond or bonds, if any, in connection with such contract; and (c) the disbursing officer, if any, desig nated in such contract to make payment. Notwithstanding any law to the contrary governing the validity of assignments, any assignment pursuant to this section, shall con stitute 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, n liability of any nature of the assignor to the United States of any department or agency thereof, whether arising from or in dependently of such contract, shall create or impose any liability on the part of the assignee to make restitution, refund, or repay |