33 U.S.C. § 624

Limitation on improvement work by private contract

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(a) Determinations respecting comparison of private contract price with estimation of cost of performance of work by Government plant or by well-equipped contractorNo 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.

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, workmen’s 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. 95–269, § 2, Apr. 26, 1978, 92 Stat. 219.)Editorial NotesCodification

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

Amendments

1978—Pub. L. 95–269 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 SubsidiariesCompensation for Increased Costs

Provision 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 Costs

A 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.

Notes of Decisions

Cited in 6 cases, 1990–2013 · leading case: Overstreet Elec. Co. v. United States, 47 Fed. Cl. 728 (Fed. Cl. 2000).

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Overstreet Elec. Co. v. United States, 47 Fed. Cl. 728 (Fed. Cl. 2000). · cites it 6× “1, but also 33 U.S.C. § 624 (1994). Under the latter section, the Corps is prohibited from awarding a contract for river and harbor improvements if it “determines that the contract price [offered] is more than 25 per centum in excess of what [the Corps] determines to be a fair…”

Bean Dredging Corp. v. United States, 19 Cl. Ct. 561 (Ct. Cl. 1990). · cites it 20× “The Corps has proposed to cancel the invitation pursuant to the authority of 33 U.S.C. § 624 (West Supp.1989), which prohibits the award of river and harbor improvement contracts when every bid received by the Corps is more than 25% higher than the government’s estimate for…”

Delbert Wheeler Constr., Inc. v. United States, 39 Fed. Cl. 239 (Fed. Cl. 1997). · cites it 7× “Defendant alleges that plaintiff cannot have standing because it could not have qualified for award of the contract in light of the mandate of 33 U.S.C. § 624 , which states that the Army Corps of Engineers shall not award a contract if the proposed contract price is more than…”

Great Lakes Dredge & Dock Co. v. United States, 60 Fed. Cl. 350 (Fed. Cl. 2004). · cites it 4× “A federal statute, 33 U.S.C. § 624 (a) (2000), prohibits the Corps from awarding a dredging contract for an amount more than 25% greater than a fair and reasonable estimate of a well-equipped contractor’s cost of performing the work.”

Manson Constraction Co. v. United States, 64 Fed. Cl. 746 (Fed. Cl. 2005). “” However, 33 U.S.C. § 624 (a)(2) (2000) limits this authority, by indicating that dredging work cannot be done by private contract “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…”

Aquaterra Contracting, Inc. v. United States, 113 Fed. Cl. 644 (Fed. Cl. 2013). · cites it 9× “The government and Shavers-Whittle contend that under 33 U.S.C. § 624 (a)(2) the Corps is prevented from making an award to any contractor whose proposed price is 25% or more above the government’s estimate.”

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