Page:United States Statutes at Large Volume 82.djvu/432

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[82 STAT. 390]
PUBLIC LAW 90-000—MMMM. DD, 1968
[82 STAT. 390]

390 Appropriation.

Cost variations.

Contract supervision.

70A Stat. 127. 10 USC 23012314.

Reports to Congress.

Repeals.

PUBLIC LAW 90-408-JULY 21, 1968

[82 STAT.

SEC. 802. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by titles I, II, III, IV, V, VI, and VII shall not exceed— (1) for title I: Inside the United States, $363,471,000; outside the United States, $85,610,000; or a total of $449,081,000. (2) for title ' II: Inside the United States, $229,726,000; outside the United States, $5,356,000; section 202, $1,509,000; or a total of $236,591,000. (3) for title III: Inside the United States, $121,917,000; outside the United States, $17,654,000; section 302, $54,001,000; or a total of $193,572,000. (4) for title IV: A total of $81,696,000. (5) for title V: Southeast Asia support—Department of the Army, $139,247,000; Department of the Navy, $51,357,000; Department of the Air Force, $16,500,000. (6) for title VI: Military family housing, $586,700,000. (7) for title VII: Homeowners assistance, $11,800,000. SEC. 803. Any of the amounts named in titles I, II, III, and IV of this Act, may, in the discretion of the Secretary concerned, be increased by 5 per centum for projects inside the United States (other than Alaska) and by 10 per centum for projects outside the United States or in Alaska, if he determines in the case of any particular project that such increase (1) is rwjuired for the sole purpose of meeting unusual variations in cost arising in connection with that project, and (2) could not have been reasonably anticipated at the time such project was submitted to the Congress. However, the total costs of all projects in each such title may not be more than the total amount authorized to be appropriated for projects in that title. SEC. 804. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, unless the Secretary of Defense or his designee determines that because such jurisdiction and supervision is wholly impracticable such contracts should be executed under the jurisdiction and supervision of another department or Government agency, and shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national securitjj^ will not be impaired and the award is consistent with chapter 137 of title 10, United States Code. Regulations issued by the Secretary of Defense implementing the provisions of this section shall provide the department or agency requiring such construction with the right to select either the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, as its construction agent providing that under the facts and circumstances that exist at the time of the selection of the construction agent, such selection will not result in any increased cost to the United States. The Secretaries of the military departments shall report semiannually to the President of the Senate and the Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. SEC. 805. (a) As of October 1, 1969, all authorizations for military public works (other than family housing) to be accomplished by the Secretary of a military department in connection with the establishment or development of military installations and facilities, and all authorizations for appropriations therefor, that are contained in titles