38 U.S.C. § 8106 — Construction contracts
submitted 47 years ago by Pub. L. 96-22 to r/title-38-VETERANS-BENEFITS · 162 words · no verdicts yet
The VA Secretary can hire outside contractors to build or alter medical facilities when that benefits the government. The Secretary can also hire architects and engineers, but not as permanent employees. The Secretary stays responsible for interpreting contracts, approving work and materials, and handling final payments.
(a) The Secretary* may use an outside contractor to carry out any construction or alteration authorized under this subchapter, if the Secretary decides that's advantageous to the United States.
(b) The Secretary may obtain, by contract or otherwise, the services of architects, engineers, and architectural or engineering firms, as much as needed for any medical facility* this subchapter authorizes building or altering. But no such firm or individual can be hired on a permanent basis under this authority.
(c) No matter what else this section says, the Secretary remains responsible for everything about construction authorized under this subchapter — interpreting construction contracts, approving the materials and workmanship supplied under them, approving contract changes, certifying payment vouchers, and finally settling each contract.
The Secretary* may carry out any construction or alteration authorized under this subchapter by contract if the Secretary considers it to be advantageous to the United States to do so.
The Secretary may obtain, by contract or otherwise, the services of individuals who are architects or engineers and of architectural and engineering corporations and firms, to the extent that the Secretary may require such services for any medical facility* authorized to be constructed or altered under this subchapter.
No corporation, firm, or individual may be employed under the authority of paragraph (1) of this subsection on a permanent basis.
Notwithstanding any other provision of this section, the Secretary shall be responsible for all construction authorized under this subchapter, including the interpretation of construction contracts, the approval of materials and workmanship supplied pursuant to a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.
Source credit: (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5006; renumbered § 8106, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
- 1979Enacted · Pub. L. 96-22 · 93 Stat. 58
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-22 on 1979-06-13.
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