Title 33, Navigation and Navigable WatersRelease 119-110

§624 Limitation on Improvement Work by Private Contract

Title 33 › CHAPTER 12 — RIVER AND HARBOR IMPROVEMENTS GENERALLY › SUBCHAPTER V — PROSECUTION OF WORK GENERALLY › § 624

Last updated Sep 22, 2026|Official source

Summary

Private contracts for river and harbor work must not be used when the Secretary of the Army, acting through the Chief of Engineers, finds either that Government-owned equipment (Government plant) can reasonably do the work and the private contract price is more than 25% higher than the estimated cost to do it with Government plant, or that the private contract price is more than 25% higher than a fair estimated cost for a well-equipped private contractor. When making those cost estimates, the Chief of Engineers must count labor and materials and also add proper charges for things like depreciation, supervision and overhead, interest on capital invested, and other appropriate expenses. For Government plant estimates the interest rate used cannot be higher than the maximum current rate the United States is paying on its bonds or similar debt. For private contractor estimates include, besides labor and materials, items such as depreciation, supervision, overhead, workers’ compensation, general liability insurance, state and local taxes, interest on capital, and other appropriate charges.

Full Legal Text

Title 33, §624

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Determinations respecting comparison of private contract price with estimation of cost of performance of work by Government plant or by well-equipped contractor (b) Considerations involved in determinations of estimation of cost of performance of work by Government plant
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.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is from the Rivers and Harbors Appropriation Act of 1919.

Amendments

1978—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).

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

33 U.S.C. § 624

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110