(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(A) the contracting officer or head of the officer's department or agency;
(B) the surety on any bond connected with the contract; and
(C) the disbursing officer, if any, designated in the contract to make payment.
(7)
(8)
(9)
(A)
(B)
(i) independently of the contract;
(ii) on account of renegotiation under a renegotiation statute or under a statutory renegotiation article in the contract;
(iii) on account of fines;
(iv) on account of penalties; or
(v) on account of taxes, social security contributions, or the withholding or non-withholding of taxes or social security contributions, whether arising from or independently of the contract.
(C)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6305(a) | 41:15(a). | R.S. §3737; Oct. 9, 1940, ch. 779, §1, |
| 6305(b)(1) | 41:15(b) (words before par. (1) less words related to minimum amount). | |
| 6305(b)(2) | 41:15(b) (words before par. (1) related to minimum amount). | |
| 6305(b)(3) | 41:15(b)(1). | |
| 6305(b)(4) | 41:15(b)(2) (related to full balance due). | |
| 6305(b)(5) | 41:15(b)(2) (related to single assignment). | |
| 6305(b)(6) | 41:15(b)(3). | |
| 6305(b)(7) | 41:15(c). | |
| 6305(b)(8) | 41:15(d). | |
| 6305(b)(9)(A) | 41:15(e). | |
| 6305(b)(9)(B) | 41:15(f) (less parenthetical phrase in par. (3)). | |
| 6305(b)(9)(C) | 41:15(f) (parenthetical phrase in par. (3)), (g). |
In subsection (a), the words "The party to whom the Federal Government gives a contract or order" are substituted for "the party to whom such contract or order is given" for clarity. The words "A purported transfer in violation of this subsection" are substituted for "any such transfer" because an actual transfer is precluded by this provision.
In subsection (b)(1), the words "amounts due from the Federal Government" are substituted for "moneys due or to become due from the United States or from any agency or department thereof" to eliminate unnecessary words. The words "may be assigned" are added to provide explicitly for authority that is necessarily implied by the source provision.
In subsection (b)(3), the words "in the case of any contract entered into after October 9, 1940" are omitted as obsolete.
In subsection (b)(5), the words "participating in such financing" are omitted as unnecessary.
In subsection (b)(8), the words "is not liable to make any refund to the Federal Government" are substituted for "no [liability] . . . shall create or impose any liability on the part of the assignee to make restitution, refund, or repayment to the United States of any amount heretofore since July 1, 1950, or hereafter received under the assignment" to eliminate unnecessary words. The words "an assignor's liability to the Federal Government" are substituted for "liability of any nature of the assignor to the United States or any department or agency thereof " for clarity and to eliminate unnecessary words.
In subsection (b)(9)(A), the words "except any such contract under which full payment has been made" are omitted as unnecessary because subsection (b)(8) precludes refund where full payment has already been made. The words "payments made to an assignee under the contract" are substituted for "payments to be made to the assignee of any moneys due or to become due under such contract" to eliminate unnecessary words.
In subsection (b)(9)(B), the words "When a 'no reduction or setoff ' provision as described in subparagraph (A) is included in a contract" are substituted for "If a provision described in subsection (e) of this section or a provision to the same general effect has been at any time heretofore or is hereafter included or inserted in any such contract", the words "payments to the assignee" are substituted for "payments to be made thereafter to an assignee of any moneys due or to become due", and the words "an assignor's liability" are substituted for "any liability of any nature of the assignor to the United States or any department or agency thereof ", for clarity and to eliminate unnecessary words.
In subsection (b)(9)(C), the text of 40:15(g), which provided that nothing in 40:15 affected rights and obligations accrued before subsection (g) was added by the Act of May 15, 1951 (ch. 75,
Memorandum of President of the United States, Oct. 3, 1995, 60 F.R. 52289, provided:
Memorandum for the Heads of Executive Departments and Agencies
Section 2451 of the Federal Acquisition Streamlining Act of 1994,
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby designate all other departments and agencies of the United States as subject to this provision. Furthermore, I hereby delegate to the Secretaries of Defense and Energy, the Administrator of General Services, and the heads of all other departments and agencies, the authority under section 2451 of the Act to make determinations of need for their respective agency's contracts, subject to such further guidance as issued by the Office of Federal Procurement Policy.
The authority delegated by this memorandum may be further delegated within the departments and agencies.
This memorandum shall be published in the Federal Register.
William J. Clinton.