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those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. The Secretary of Labor shall have with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 2 of the Act of June 13, 1934, as amended.

REFERENCES IN TEXT

Davis-Bacon Act, as amended, referred to in text, is classified to sections 276a to 276a-5 of this title.

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

Section 2 of the Act of June 13, 1934, as amended, is classified to section 276c of this title.

§ 403. Definition of Appalachian region.

As used in this Act, the term “Appalachian region" or "the region" means that area of the eastern United States consisting of the following counties (including any political subdivision located within such area):

In Alabama, the counties of Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette, Franklin, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa. Walker, and Winston;

In Georgia, the counties of Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield;

In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Menifee, Monroe, Montgomery,1 Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe;

In Maryland, the counties of Allegany, Garrett, and Washington;

In Mississippi, the counties of Alcorn, Benton, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, and Winston;

In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins;

In North Carolina, the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie, Forsyth, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey;

1 So in original.

In Ohio, the counties of Adams, Athens, Belmont, Brown, Carroll, Clermont, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington;

In Pennsylvania, the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon, Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, and Wyoming;

In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg;

In Tennessee, the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Loudon, McMinn, Macon, Marion, Megs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White;

In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Highland, Lee, Pulaski, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe;

All the counties of West Virginia.

No recommendation for any change in the definition of the Appalachian region as set forth in this section shall be proposed or considered by the Commission without a prior resolution by the Committee on Public Works of the Senate or of the House of Representatives, directing a study of such change. The President is authorized and directed to make a study of the extent to which portions of upper New York State which are geographically part of the New England region or the Appalachian region and share the social and economic characteristics thereof should be included in either of such regions. He shall submit the results of such study together with his recommendations to Congress not later than June 30, 1970. (As amended Pub. L. 90-103, title I, § 123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91-123, title I, § 110, Nov. 25, 1969, 83 Stat. 215.)

AMENDMENTS

1969-Pub. L. 91-123 authorized and directed the President to make a study of the upper portions of New York State to determine which are geographically part of the New England region or the Appalachian region, and share similar socio-economic characteristics of either of such regions, and provided that the results of this study be submitted to Congress no later than June 30, 1970.

1967-Pub. L. 90-103 included the counties of Lamar and Pickens in Alabama, the counties of Mississippi and

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6.

6a.

Advertisements for proposals for purchases and con-
tracts for supplies or services for Government de-
partments; application to Government sales and
contracts to sell and to Government Corporations.
Definitions.
Repealed.

Advertisements for proposals for purchases and contracts for supplies or services for Government departments; limited to particular agencies under specified circumstances. 6a-1. Same; Architect of the Capitol.

6b.

43.

43a.

44. 45.

46.

47.

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7 to 7d. Repealed.

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52.

53.

54.

Same; sections 35 to 45 not applicable to certain

contracts.

Applicability of Administrative Procedure Act; wage determinations; administrative review;

judicial review.

Same; separability of provisions.

Same; effective date; exception as to representations with respect to minimum wages.

Committee on purchases of blind-made products; creation; members.

Same; fair market price, determination, revision; distribution of orders.

Same; procurement at determined price.
Defense employment; honorable discharge from land
and naval forces as equivalent to birth certificate.
Same; "defense contractor" defined.

Fees or kick-backs by subcontractors on negotiated contracts; recovery by United States; conclusive presumptions; withholding of payments.

Same; definitions.

Same; power of General Accounting Office. Same; penalties.

EXECUTIVE ORDER NO. 10925

Ex. Ord. No. 10925, Mar. 6, 1961, 26 F.R. 1977 which related to nondiscrimination provisions in Government contracts, was revoked by section 403 of Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note under section 2000e of Title 42. The Public Health and Welfare. COMMITTEE ON EQUAL EMPLOYMENT OPPORTUNITY Abolition of Committee on Equal Employment Opportunity, see Ex. Ord. No. 11246, § 403 (a), Sept. 24, 1965, 30 F.R. 12319, set out as a note under section 2000e of Title 42.

CROSS REFERENCES

"Defense contractor" defined, see section 50 of this title. Honorable discharge from land and naval forces as substitute for birth certificate required for defense employment, see section 49 of this title.

Renegotiation Act, see section 1191 of Title 50, Appendix, War and National Defense.

Renegotiation Act of 1948, see section 1193 of Title 50, Appendix.

Renegotiation Act of 1951, see section 1211 et seq. of Title 50, Appendix.

War and Defense Contract Acts, see section 1152 et seq. of Title 50, Appendix.

§§ 1 to 4a. Repealed. Oct. 21, 1941, ch. 452, 55 Stat. 743. Section 1 to 4, R. S. §§ 512-515, respectively, created a "returns office" for filing and keeping of all returns of contracts made by the Secretaries of War, Navy, and Interior.

Section 1 amended by act Feb. 4, 1929, ch. 146, §§ 1, 3, 45 Stat. 1147.

Section 4a, act Feb. 4, 1929, ch. 146, §§ 1, 3, 45 Stat. 1147, transferred returns office to the General Accounting Office and imposed duties relating thereto upon the Comptroller General.

§ 5. Advertisements for proposals for purchases and contracts for supplies or services for Government departments; application to Government sales and contracts to sell and to Government Corporations. Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Government may be made or entered into only after advertising a sufficient time previously for proposals, except (1) when the amount involved in any one case does not exceed $2,500, (2) when the public exigencies require the immediate delivery of the articles or performance of the service, (3) when only one source of supply is available and the Government purchasing or contracting officer shall so certify, or (4) when the services are required to be performed by the contractor in person and are (A) of a technical and professional nature or (B) under Government supervision and paid for on a time basis. Except (1) as authorized by section 1638 of Appendix to Title 50, (2) when otherwise authorized by law, or (3) when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Government shall be governed by the requirements of this section for advertising.

In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only. (R. S. § 3709; Aug. 2, 1946, ch. 744, § 9 (a), (c), 60 Stat. 809; June 30, 1949, ch. 288, title VI, § 602(f), formerly title V, § 502(e), 63 Stat. 400, renumbered Sept. 5, 1950, ch. 849, §§ 6 (a), (b), 8(c), 64 Stat. 583; Aug. 28, 1958, Pub. L. 85-800, § 7, 72 Stat. 967.)

DERIVATION

Act Mar. 2, 1861, ch. 84, § 10, 12 Stat. 220.

REFERENCES IN TEXT

Section 1638 of Appendix to Title 50, referred to in the text, was repealed by act June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, eff. July 1, 1949, renumbered by act Sept. 5, 1950, ch. 849, § 6 (a), (b), 61 Stat. 583, and is now covered by chapter 10 of Title 40, Public Buildings, Property, and Works.

AMENDMENTS

1958-Pub. L. 85-800 substituted "$2,500" for "$500" in first sentence.

1949-Act June 30, 1949, raised the limitation from $100 to $500.

1946-Act Aug. 2, 1946, among other changes, inserted clauses (1), (3), and (4), and made section applicable to sales and contracts of sale by the government, except in certain cases.

EFFECTIVE DATE OF 1949 AMENDMENT Amendment of section by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of Title 40, Public Buildings, Property, and Works.

EXEMPTION OF FUNCTIONS

Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R. 6635, set out as a note under section 2393 of Title 22, Foreign Relations and Intercourse.

NATIONAL DEFENSE CONTRACTS

Negotiation of contracts for naval vessels, aircraft, and equipment, without advertisement or competitive bidding during temporary emergency, see section 1152 et seq. of Title 50, Appendix, War and National Defense. SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Section inapplicable to procurement of supplies or services by Armed Services and National Aeronautics and Space Administration, see section 2314 of Title 10, Armed Forces.

REPEAL OF EXEMPTIONS

Section 9 (b) of act Aug. 2, 1946, provided: "Exemptions from section 3709, Revised Statutes [this section], in other law in amounts of $100 or less are hereby repealed."

CROSS REFERENCES

Air pollution control grants-in-aid and contracts, see section 1857d of Title 42, The Public Health and Welfare. Architect of Capitol, purchasing supplies and procuring services not in excess of $1,000, see section 6a-1 of this title.

Armed services, procurement of supplies and services, see chapters 137 and 141 of Title 10, Armed Forces. Conservation, National Park Service

Hiring of work animals and equipment not required to comply with this section in certain cases, see section 171 of Title 16, Conservation.

Materials and equipment for control, suppression, and eradication of forest insects and tree diseases, exception of, see section 594-5 of Title 16.

Seeding and tree planting within national forests, open purchases without advertisement, see section 504 of Title 16.

Services and accommodations for public in national parks and national monuments, see section 17b of Title 16.

Contracts for transportation of moneys, bullion, coin, etc., see section 24 of this title.

Control of coal-mine fires, employment of equipment by Secretary of Interior without regard to this section, see section 556 of Title 30, Mineral Lands and Mining. Definition of terms employed in this section, see section 5a of this title.

District of Columbia

Advancements for public works and equipment excepted, see section 1563 of Title 42.

Farm Credit Administration, maintenance and disposal of properties by, see section 1141b of Title 12, Banks and Banking.

Farm Housing, service and supply contracts not exceeding $300 unaffected by provisions of this section, see section 1480 (a) of Title 42.

Federal Deposit Insurance Corporation, Comptroller General authorized for purposes of audit thereof to employ by contract professional services of firms and organizations of certified public accountants without regard to this section, see section 1827 (d) of Title 12. Federal Power Commission

Bonneville power project, purchase of supplies and services without advertisement, see section 832g of Title 16.

Contracts for engraving, lithographing, and photolithographing, without advertisement for proposals, see section 825k of Title 16.

Fort Peck power project, purchase of supplies and services without advertisement, see section 833f of Title 16.

Fishery resources, authority of Secretary of Interior to contract to utilize state facilities and services without regard to this section, see section 757 of Title 16.

General Services Administration, procurement of supplies or services, see section 260 of this title.

Highway research program, inapplicability of this section to contracts, see section 307 (a) of Title 23, Highways. House of Representatives, procurement of packing boxes, see section 100 of Title 2, The Congress. Housing

Contracts for hazard insurance and purchases by Federal Housing Commissioner, excepted, see sections 1703 (c) (2), 1710 (g) and 1713 (7) of Title 12.

Purchases and contracts by Housing and Home Finance Administrator, Federal Home Loan Bank Board, Federal Housing Commissioner, and Public Housing Commissioner excepted from this section, see section 1071c (b) (2) of Title 12.

Purchases and contracts for services or supplies under $1,000 for national defense housing excepted from this section, see section 1750c (f) of Title 12. International health research, authority of President to contract with public and nonprofit private institutions and agencies and individuals in participating foreign

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