§ 624. Limitation on improvement work by private contract

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(a)Determinations respecting comparison of private contract price with estimation of cost of performance of work by Government plant or by well-equipped contractor 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 plant In estimating the comparable cost of doing the work under subsection (a)(1) 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 contractor In determining a fair and reasonable estimated cost of doing work by private contract under subsection (a)(2), 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.)

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Public Law 95–269
To amend the Acts of August 11, 1888, and March 2, 1919, pertaining to carrying out projects for improvements of rivers and harbors by contract or otherwise, and for other purposes

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Mar. 2, 1919, ch. 95, § 8
40 Stat. 1290
Pub. L. 95–269, § 2
92 Stat. 219
Pub. L. 95–269
act June 5, 1920, ch. 252, § 5
41 Stat. 1014
act June 5, 1920, ch. 252, § 3
41 Stat. 1013

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§ 624

Limitation on improvement work by private contract

Stat.×1

ActMar. 2, 1919, ch. 95, § 8

Stat.40 Stat. 1290

Pub. L.Pub. L. 95–269, § 2

Stat.92 Stat. 219

Pub. L.Pub. L. 95–269

Cites 9 · showing 5Cited by 1 across 1 source