§ 10b. — Contracts for public works; specification for use of American materials; blacklisting contractors violating requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC10b]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 10b. Contracts for public works; specification for use of
American materials; blacklisting contractors violating
requirements
(a) Every contract for the construction, alteration, or repair of
any public building or public work in the United States growing out of
an appropriation heretofore made or hereafter to be made shall contain a
provision that in the performance of the work the contractor,
subcontractors, material men, or suppliers, shall use only such
unmanufactured articles, materials, and supplies as have been mined or
produced in the United States, and only such manufactured articles,
materials, and supplies as have been manufactured in the United States
substantially all from articles, materials, or supplies mined, produced,
or manufactured, as the case may be, in the United States except as
provided in section 10a of this title: Provided, however, That if the
head of the department or independent establishment making the contract
shall find that in respect to some particular articles, materials, or
supplies it is impracticable to make such requirement or that it would
unreasonably increase the cost, an exception shall be noted in the
specifications as to that particular article, material, or supply, and a
public record made of the findings which justified the exception.
(b) If the head of a department, bureau, agency, or independent
establishment which has made any contract containing the provision
required by subsection (a) of this section finds that in the performance
of such contract there has been a failure to comply with such
provisions, he shall make public his findings, including therein the
name of the contractor obligated under such contract, and no other
contract for the construction, alteration, or repair of any public
building or public work in the United States or elsewhere shall be
awarded to such contractor, subcontractors, material men, or suppliers
with which such contractor is associated or affiliated, within a period
of three years after such findings is made public.
(Mar. 3, 1933, ch. 212, title III, Sec. 3, 47 Stat. 1520; Pub. L. 100-
418, title VII, Sec. 7005(c), Aug. 23, 1988, 102 Stat. 1553.)
Amendments
1988--Subsec. (a). Pub. L. 100-418, Secs. 7004, 7005(c)(1), which
directed that this section be temporarily amended by substituting
``Federal agency'' for ``department or independent establishment'', was
executed to subsec. (a) as the probable intent of Congress. See
Termination Date of 1988 Amendment note below.
Subsec. (b). Pub. L. 100-418, Secs. 7004, 7005(c)(2), temporarily
substituted ``Federal agency'' for ``department, bureau, agency, or
independent establishment''. See Termination Date of 1988 Amendment note
below.
Termination Date of 1988 Amendment
Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,
1996, unless Congress, after reviewing report required by former section
2515(k) of Title 19, Customs Duties, extends such date, see section 7004
of Pub. L. 100-418, set out as an Effective and Termination Dates of
1988 Amendment note under section 10a of this title.
Prohibition on Use of Funds for Construction Contracts With Contractors
of Foreign Countries Which Deny United States Contractors Fair
Opportunities in Construction Projects of That Country's Government
Provisions prohibiting the obligation or expenditure of funds to
enter into any contract for construction, alteration, or repair of any
public building or public work in the United States or any territory or
possession of the United States with any contractor or subcontractor of
a foreign country, or any supplier of products of a foreign country,
during any period in which such foreign country denies fair and
equitable market opportunities for products and services of the United
States in procurement or bidding for construction projects that cost
more than $500,000 and are funded in whole or in part by the government
of such foreign country or by an entity controlled directly or
indirectly by such foreign country were contained in the following
appropriation acts:
Pub. L. 101-516, title III, Sec. 340, Nov. 5, 1990, 104 Stat. 2187.
Pub. L. 101-514, title V, Sec. 511, Nov. 5, 1990, 104 Stat. 2098.
Pub. L. 100-202, Sec. 109, Dec. 22, 1987, 101 Stat. 1329-434; Pub.
L. 105-362, title XIV, Sec. 1401(d), Nov. 10, 1998, 112 Stat. 3294.
Section Referred to in Other Sections
This section is referred to in sections 10c, 10d of this title.
