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TITLE 41 > CHAPTER 4 > SUBCHAPTER IV > Sec. 254.

Notes on Sec. 254.

SOURCE
June 30, 1949, ch. 288, title III, Sec. 304, 63 Stat. 395
Oct. 31, 1951, ch. 652, 65 Stat. 700
July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594
Pub. L. 89-607, Sec. 2, Sept. 27, 1966, 80 Stat. 850
Pub. L. 98-369, div. B, title VII, Sec. 2712, 2714(a)(3), July 18, 1984, 98 Stat. 1181, 1184
Pub. L. 103-355, title I, Sec. 1071, 1251(a)(1), title II, Sec. 2251(b), title IV, Sec. 4103(c), 4402(c), title VIII, Sec. 8204(b), title X, Sec. 10005(e), Oct. 13, 1994, 108 Stat. 3270, 3278, 3320, 3341, 3349, 3396, 3408.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-355, Sec. 4103(c), 8204(b), inserted at end ''The preceding sentence does not apply to a contract for an amount that is not greater than the simplified acquisition threshold or to a contract for the acquisition of commercial items.''

Subsec. (b). Pub. L. 103-355, Sec. 4402(c), 10005(e), substituted ''percent'' for ''per centum'' wherever appearing and ''either the simplified acquisition threshold'' for ''either $25,000'' in last sentence.

Pub. L. 103-355, Sec. 1071, struck out after first sentence ''Neither a cost nor a cost-plus-a-fixed-fee contract nor an incentive-type contract shall be used unless the agency head determines that such method of contracting is likely to be less costly than other methods or that it is impractical to secure property or services of the kind or quality required without the use of a cost or cost-plus-a-fixed-fee contract or an incentive-type contract.'' Subsec. (c). Pub. L. 103-355, Sec. 2251(b), struck out subsec. (c) which related to examination of books, records, etc. of contractors, time limitations, exemptions, exceptional conditions, and reports to Congress. See section 254d of this title. Subsec. (d). Pub. L. 103-355, Sec. 1251(a)(1), struck out subsec. (d) which related to submission of cost or pricing data by contractors and subcontractors, certificate requirements, adjustment of price, inspection of books, records, etc., necessity of data, and exceptions. See section 254b of this title. 1984 - Pub. L. 98-369, Sec. 2714(a)(2), substituted ''Contract requirements'' for ''Negotiated contracts'' in section catchline.

Subsec. (a). Pub. L. 98-369, Sec. 2714(a)(3), substituted ''awarded after using procedures other than sealed-bid procedures'' for ''negotiated pursuant to section 252(c) of this title'' in first and second sentences.

Subsec. (c). Pub. L. 98-369, Sec. 2714(a)(3)(C), substituted ''awarded after using procedures other than sealed-bid procedures'' for ''negotiated without advertising pursuant to authority contained in this Act'' in first sentence. Subsec. (d). Pub. L. 98-369, Sec. 2712, added subsec. (d). 1966 - Subsec. (c). Pub. L. 89-607 provided for exemption of certain contracts with foreign contractors from the requirement for an examination-of-records clause, such determination to be reported to Congress. 1952 - Subsec. (b). Act July 12, 1952, substituted ''property'' for ''supplies''. 1951 - Subsec. (c). Act Oct. 31, 1951, added subsec. (c)

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 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as a note under section 251 of this title

EFFECTIVE DATE

Section effective July 1, 1949, see section 605 of act June 30, 1949, set out as a note 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, eff. May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Intercourse

FOREIGN CONTRACTORS

Secretaries of Defense, Army, Navy, or Air Force, or their designees, to determine, prior to exercising the authority provided in the amendment of this section by Pub. L. 89-607 to exempt certain contracts with foreign contractors from the requirement of an examination-of-records clause, that all reasonable efforts have been made to include such examination-of-records clause, as required by par. (11) of Part I of Ex. Ord. No. 10789, and that alternate sources of supply are not reasonably available, see par. (11) of Part I of Ex. Ord. No. 10789, eff. Nov. 14, 1958, 23 F.R. 8897, as amended, set out as a note under section 1431 of Title 50, War and National Defense

EXECUTIVE ORDER NO. 12800

Ex. Ord. No. 12800, Apr. 13, 1992, 57 F.R. 12985, 13413, which required Federal contractors to post a notice that employees could not be required to be members of a union in order to retain their jobs, was revoked by Ex. Ord. No. 12836, Sec. 1, Feb. 1, 1993, 58 F.R. 7045

DEFINITIONS

The definitions in section 472 of Title 40, Public Buildings, Property, and Works, apply to this subchapter

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 257 of this title; title 8 section 1363a; title 16 section 670o; title 19 section 2081; title 26 section 7608; title 38 section 8122

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