Source
(June 30, 1949, ch. 288, title III, § 305, 63 Stat. 396; July 12, 1952, ch. 703, § 1(m), 66 Stat. 594; Pub. L. 85–800, § 4, Aug. 28, 1958, 72 Stat. 966; Pub. L. 103–355, title II, § 2051(a)–(e), Oct. 13, 1994, 108 Stat. 3303, 3304; Pub. L. 104–106, div. D, title XLIII, § 4321(a)(4), Feb. 10, 1996, 110 Stat. 671.)
References in Text
Level IV of the Executive Schedule, referred to in subsec. (g)(8), is set out in section
5315 of Title
5, Government Organization and Employees.
Amendments
1996—Subsecs. (e) to (g).
Pub. L. 104–106 made technical correction to directory language of
Pub. L. 103–355, § 2051(e). See 1994 Amendment note below.
1994—
Pub. L. 103–355, § 2051(a)(1), inserted section catchline.
Subsec. (a).
Pub. L. 103–355, § 2051(a)(2), (c), inserted heading and struck out “bid” before “solicitations” in par. (2).
Subsec. (b).
Pub. L. 103–355, § 2051(a)(5), (b), added subsec. (b) and redesignated former subsec. (b) as (c).
Pub. L. 103–355, § 2051(a)(3), inserted heading.
Subsec. (c).
Pub. L. 103–355, § 2051(a)(5), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Pub. L. 103–355, § 2051(a)(4), inserted heading.
Subsec. (d).
Pub. L. 103–355, § 2051(d), inserted before period at end of third sentence “and is effective immediately upon the first advancement of funds without filing, notice, or any other action by the United States”.
Pub. L. 103–355, § 2051(a)(5), redesignated subsec. (c) as (d).
Subsecs. (e) to (g).
Pub. L. 103–355, § 2051(e), as amended by
Pub. L. 104–106, added subsecs. (e) to (g).
1958—
Pub. L. 85–800 authorized advance or other payments under contracts for property or services by agency and insertion in bid solicitations of provision limiting advance or progress payments to small business concerns, restricted payments under subsec. (a) of this section to unpaid contract price, and reworded generally conditions for making advance payments.
1952—Subsecs. (a), (b). Act July 12, 1952, substituted “property” for “supplies” wherever appearing.
Effective Date of 1996 Amendment
Section 4321(a) of
Pub. L. 104–106 provided that the amendment made by that section is effective as of Oct. 13, 1994, and as if included in
Pub. L. 103–355 as enacted.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Pub. L. 103–355, see section 10001 of
Pub. L. 103–355, set out as a note under section
251 of this title.
Effective Date
Section effective July 1, 1949, see section
605, formerly section 505, of act June 30, 1949, ch. 288,
63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b),
64 Stat. 583.
Exemption of Functions
Functions authorized by Foreign Assistance Act of 1961, as amended, as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965,
30 F.R.
6635, set out as a note under section
2393 of Title
22, Foreign Relations and Intercourse.
Relationship to Prompt Payment Requirements
Section 2051(f) of
Pub. L. 103–355 provided that: “The amendments made by this section [amending this section] are not intended to impair or modify procedures required by the provisions of chapter
39 of title
31, United States Code, and the regulations issued pursuant to such provisions of law (as such procedures are in effect on the date of the enactment of this Act [Oct. 13, 1994]), except that the Government may accept payment terms offered by a contractor offering a commercial item.”
Definitions
The definitions in section
102 of Title
40, Public Buildings, Property, and Works, apply to this subchapter.