Executive Order 6646—Government Contracts and Contracts Involving the Use of Government Funds

By virtue of authority vested in me as President of the United States, it is hereby ordered that: 1. (a) All invitations to bidders hereafter promulgated by or in behalf of any executive department or independent establishment or other agency or instrumentality of the United States, including Government-owned and Government-controlled corporations (all of the foregoing being hereinafter described as agencies of the United States), shall contain a provision to the effect that no bid will be considered unless it includes or is accompanied by a certificate duly executed by the bidder stating that the bidder is complying with and will continue to comply with each approved code of fair competition to which he is subject, and if engaged in any trade or industry for which there is no approved code of fair competition, then stating that as to such trade or industry he has become a party to and is complying with and will continue to comply with an agreement with the President under section 4 (a) of the National Industrial Recovery Act. (b) No bid which does not comply with the foregoing requirements shall bo considered or accepted. (c) All contracts and purchase orders authorized by any agency of the United States shall contain a provision to the effect that the party or parties awarded any such contract or purchase order shall comply with each approved code of fair competition to which it is subject and if engaged in any trade or industry for which there is no approved code of fair competition, then, as to such trade or industry, with an agreement with the President as aforesaid; and that the United States shall have the right to cancel any contract for failure to comply with such provision and make open market purchases or have the work called for by the contract otherwise performed, at the expense of the contractor. (d) No agency of the United States and no Government contractor or supplier shall hereafter accept or purchase for the performance of any contract or purchase order or enter into any subcontracts for any articles, materials, or supplies, in whole or in part produced or furnished by any person who shall not have certified that he is complying with and will continue to comply with each code of fair competition which relates to such articles, materials, or supplies, or in case there is no approved code for the whole or any portion thereof, then, to that extent, with an agreement with the President as aforesaid. (e) The foregoing provisions of this order shall likewise apply to all contracts and purchase orders authorized by any State, municipal corporation, local subdivision, person, or corporation in connection with projects carried out or to be carried out, wholly or in part, with funds loaned or granted by any agency of the United States, and all contracts and agreements for the making of any such loan or grant shall contain a provision requiring the State, municipal corporation, local subdivision, person, or corporation receiving such loan or grant, to comply with the provisions of this order; provided that this paragraph shall not be construed as requiring the restriction of the use of materials to those produced within the United States nor to require price differentials in favor of such materials. 2. Any person falsely certifying as to compliance as aforesaid who submits any such proposal, bid, contract, or subcontract, or accepts any purchase order, may be punished as provided in section 10(a) of the National Industrial Recovery Act, by a line of not to exceed Five Hundred Dollars ($500) or imprisonment not to exceed 6 months, or both, and in event of any such false certification by any such person, any contract, subcontract, or purchase order to which he is party secured by or in furtherance of any such proposal or bid may be canceled by the other party thereto, and the unfinished portion thereof completed at the expense of the person guilty of such false certification and his sureties, if any. 3. Whenever a dispute shall arise between any agency of the United States and any bidder, contractor, supplier, or other person as to compliance with any code of fair competition or with an agreement with the President as aforesaid in connection with any proposal, bid, contract, subcontract, or purchase order mentioned herein, the Administrator for Industrial Recovery, or such agency as he shall designate, shall decide such dispute and, for the purposes of action under this Executive order, such decision shall bo final and conclusive; but the determination of such agency of the United States shall be effective for all purposes pending such decision. 4. All provisions of approved codes of fair competition shall apply to the making and performance of contracts with or sales to agencies of the United States. 5. The Administrator for Industrial Recovery may make exceptions in specific cases or otherwise under this order whenever such action shall be recommended to him by an agency of the United States and when in the judgment of the Administrator justice or public interest will best be served thereby. 6. Any provisions of Executive Order No. 6246, signed August 10, 1933, or any other Executive order, and any rule or regulation in conflict herewith are hereby to that extent modified and rescinded. FRANKLIN D. ROOSEVELT The White House, March 14, 1934.