§3134 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Certain Cabinet Secretaries can waive this subchapter for some government contracts. The Secretaries of the Army, Navy, Air Force, and Transportation can waive it for cost-plus-a-fixed-fee and other cost-type contracts to build, change, or repair federal buildings or public works, and for contracts to make, fix, or assemble vessels, aircraft, munitions, materiel, or supplies for their services, no matter what the contracts say about payment or ownership. The Secretary of Transportation can also waive it for vessel construction, alteration, or repair contracts made under sections 1535 and 1536 of title 31 or subtitle V of title 46, no matter what those contracts say about payment or ownership. The Secretary of Commerce can waive it for vessel construction, alteration, or repair contracts made under the Act approved August 6, 1947 (33 U.S.C. 883a et seq.), no matter what those contracts say about payment or ownership.

Title 40, §3134

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive this subchapter with respect to cost-plus-a-fixed fee and other cost-type contracts for the construction, alteration, or repair of any public building or public work of the Federal Government and with respect to contracts for manufacturing, producing, furnishing, constructing, altering, repairing, processing, or assembling vessels, aircraft, munitions, materiel, or supplies for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of the terms of the contracts as to payment or title.

(b)The Secretary of Transportation may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels when the contract is made under section 1535 and 1536 of title 31 or subtitle V of title 46, regardless of the terms of the contracts as to payment or title.

(c)The Secretary of Commerce may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947 (33 U.S.C. 883a et seq.).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3134(a)40:270e.Apr. 29, 1941, ch. 81, § 1, 55 Stat. 147; June 3, 1955, ch. 129, 69 Stat. 83. 3134(b)40:270f.Apr. 29, 1941, ch. 81, § 2, as added Pub. L. 91–469, § 39, Oct. 21, 1970, 84 Stat. 1036; Pub. L. 97–31, § 12(12), Aug. 6, 1981, 95 Stat. 154. In subsection (a), the words “Secretary of Transportation” are substituted for “Secretary of Commerce” because of 49:108. The words “the manufacturing, producing, furnishing,

Construction

, alteration, repair, processing, or assembling of” and “of any kind or nature” are omitted as unnecessary. In subsection (b), the words “of any kind or nature” are omitted as unnecessary. The words “section 1535 and 1536 of title 31” are substituted for “the Act of

June 30, 1932 (47 Stat. 382, 417–418), as amended [31 U.S.C. 686, 686b]” because of section 4(b) of the Act of

September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.

Editorial Notes

References in Text

An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes, referred to in subsec. (c), is act Aug. 6, 1947, ch. 504, 61 Stat. 787, popularly known as the Coast and Geodetic Survey Act, which is classified generally to subchapter II (§ 883a et seq.) of chapter 17 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.

Amendments

2018—Subsec. (c). Pub. L. 115–232 added subsec. (c). 2017—Subsec. (b). Pub. L. 115–91, § 3502(b)(2), substituted “31 or” for “31,” and struck out “or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),” after “title 46,”. 2006—Subsec. (b). Pub. L. 109–304 substituted “subtitle V of title 46” for “the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§3134 Waivers for Certain Contracts