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Executive Order No. 6646, March 14, 1934
The Government Does Business Only with Those Complying with N.R.A. Codes.
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 be 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 related 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.
(c) 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.
* * *
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 or by an agency of the
United States and when the judgment of the Administrator
justice or public interest will best be served thereby.
(Note: The above order is incomplete. Information entered from Public Papers of the President FDR, Vol 2, Pg. 143)
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The Donnely Collection of Presidential
Executive Orders, Proclamations, PDDs, Decision |
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