PRIA, Government Policy, Made Personal

Summary

The chapter forbids several contracting practices. It does not allow using contracts that just add a percentage fee on top of costs. It bans any contract that would violate laws limiting profits. It stops buying things that must be bought by public notice and open competitive bidding from being negotiated privately. It forbids skipping any bond the law requires, like bid, payment, or performance bonds. It also forbids raising the price of a contract made under section 2304(a)(15) of title 10 or section 252(c)(13) of title 41 to an amount higher than the lowest rejected bid by any responsible bidder. Finally, it prevents turning an informal promise into a formal contract unless, when the promise was made, using normal procurement procedures was impractical.

Title 50, §1432

War and National Defense, Source: USLM XML via OLRC

Nothing in this chapter shall be construed to constitute authorization hereunder for— (a)

(b)any contract in violation of existing law relating to limitation of profits;

(c)the negotiation of purchases of or contracts for property or services required by law to be procured by formal advertising and competitive bidding;

(d)the waiver of any bid, payment, performance, or other bond required by law;

(e)the amendment of a contract negotiated under section 2304(a)(15) of title 10 or under section 252(c)(13) of title 41, to increase the contract price to an amount higher than the lowest rejected bid of any responsible bidder; or

(f)the formalization of an informal commitment, unless it is found that at the time the commitment was made it was impracticable to use normal procurement procedures.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 2304 of title 10, referred to in subd. (e), was amended generally by Pub. L. 98–369 and, as so amended, did not contain a subsec. (a)(15). section 2304 was repealed by Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law. section 252(c)(13) of title 41, referred to in subd. (e), was renumbered section 252(c)(14) of former Title 41, Public Contracts, by Pub. L. 85–800, § 2(b), Aug. 28, 1958, 72 Stat. 966. Subsequently, Pub. L. 98–369 amended section 252 of former Title 41 by striking out subsec. (c), redesignating subsec. (e) as (c)(1), and adding subsec. (c)(2).

Statutory Notes and Related Subsidiaries

Nonapplicability of National Emergencies ActThe provisions of the National Emergencies Act [see

Short Title

note set out under section 1601 of this title] shall not apply to the powers and authorities conferred by this section and actions taken hereunder, see section 1651(a)(4) of this title.

§1432 Restrictions