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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 624 Limitation on improvement work by private contract us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 12 RIVER AND HARBOR IMPROVEMENTS GENERALLY 624 33 U.S.C. § 624 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s624 data/legal/raw/us/code/title-33/usc33.xml 00db370ce2dd4968dcb0b3b21f29f16c241af39b2e7fd45027f79d33cb5e2164 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 5ef90ca5b841bf4951ac1c152c000120f2368109a761cfa7507ea58334216c89 2026-07-04 official
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33 U.S.C. § 624 - Limitation on improvement work by private contract

Text

(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, workmens 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. 95269, § 2, Apr. 26, 1978, 92 Stat. 219.)

Notes

Editorial Notes

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

Amendments1978—Pub. L. 95269 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.