|
USC TITLE 41 - PUBLIC CONTRACTS 01/22/02 CHAPTER 1
Sect 5
Sec. 5. Advertisements for proposals for purchases and contracts
for supplies or services for Government departments;
application to Government sales and contracts to sell and to
Government corporations
-STATUTE-
Unless otherwise provided in the appropriation concerned or other
law, purchases and contracts for supplies or services for the
Government may be made or entered into only after advertising a
sufficient time previously for proposals, except (1) when the
amount involved in any one case does not exceed $25,000, (2) when
the public exigencies require the immediate delivery of the
articles or performance of the service, (3) when only one source of
supply is available and the Government purchasing or contracting
officer shall so certify, or (4) when the services are required to
be performed by the contractor in person and are (A) of a technical
and professional nature or (B) under Government supervision and
paid for on a time basis. Except (1) as authorized by section 1638
(FOOTNOTE 1) of Appendix to title 50, (2) when otherwise authorized
by law, or (3) when the reasonable value involved in any one case
does not exceed $500, sales and contracts of sale by the Government
shall be governed by the requirements of this section for
advertising.
(FOOTNOTE 1) See References in Text note below.
In the case of wholly owned Government corporations, this section
shall apply to their administrative transactions only.
-SOURCE-
(R.S. Sec. 3709; Aug. 2, 1946, ch. 744, Sec. 9(a), (c), 60 Stat.
809; June 30, 1949, ch. 288, title VI, Sec. 602(f), formerly title
V, Sec. 502(e), 63 Stat. 403; renumbered Sept. 5, 1950, ch. 849,
Sec. 6(a), (b), 8(c), 64 Stat. 583, and amended Pub. L. 85-800,
Sec. 7, Aug. 28, 1958, 72 Stat. 967; Pub. L. 93-356, Sec. 1, July
25, 1974, 88 Stat. 390; Pub. L. 98-191, Sec. 9(b), Dec. 1, 1983, 97
Stat. 1332.)
-REFTEXT-
REFERENCES IN TEXT
Section 1638 of Appendix to title 50, referred to in text, was
repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1),
formerly title V, Sec. 502(a)(1), 63 Stat. 399, eff. July 1, 1949,
renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
583. See section 471 et seq. of Title 40, Public Buildings,
Property, and Works.
-COD-
CODIFICATION
R.S. Sec. 3709 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12
Stat. 220.
-MISC3-
AMENDMENTS
1983 - Pub. L. 98-191 substituted ''$25,000'' for ''$10,000''.
1974 - Pub. L. 93-356 substituted ''$10,000'' for ''$2,500''.
1958 - Pub. L. 85-800 substituted ''$2,500'' for ''$500''.
1949 - Act June 30, 1949, substituted ''$500'' for ''$100''.
1946 - Act Aug. 2, 1946, among other changes, inserted cls. (1),
(3), and (4), and made section applicable to sales and contracts of
sale by the Government, except in certain cases.
EFFECTIVE DATE OF 1949 AMENDMENT
Amendment by act June 30, 1949, effective July 1, 1949, see
section 605 of act June 30, 1949, set out as an Effective Date note
under section 471 of Title 40, Public Buildings, Property, and
Works.
EXEMPTION OF FUNCTIONS
Functions authorized by Foreign Assistance Act of 1961, as
amended, as exempt, see Ex. Ord. No. 11223, May 12, 1965, 30 F.R.
6635, set out as a note under section 2393 of Title 22, Foreign
Relations and Intercourse.
SECTION INAPPLICABLE TO ARMED SERVICES AND NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Section inapplicable to procurement or sale of property or
services by Armed Services and National Aeronautics and Space
Administration, see section 2314 of Title 10, Armed Forces.
REPEAL OF EXEMPTIONS
Section 9(b) of act Aug. 2, 1946, provided: ''Exemptions from
section 3709, Revised Statutes (this section), in other law in
amounts of $100 or less are hereby repealed.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5a, 6a, 6a-1, 6a-2, 6b,
252, 260 of this title; title 2 sections 61g-7, 72a, 135a, 141a,
475, 604, 1108; title 5 sections 3109, 4105, 8709, 8714a, 8714b,
8714c, 8902, 9003; title 7 sections 427i, 1624, 3318; title 8
sections 1231, 1355; title 10 sections 2013, 2314; title 12
sections 1141b, 1701c, 1701z-2, 1703, 1710, 1713, 1739, 1747g,
1747k, 1750c, 1788, 1827; title 15 sections 634, 2218, 2507, 2609,
2626; title 16 sections 17b, 17i, 343b, 450jj-1, 504, 580c, 590z-3,
594-5, 757, 916l, 961, 1052, 2104; title 18 section 3672; title 20
sections 1034, 1070a-11, 2012, 2106, 4513, 4710, 5608, 5708; title
21 sections 360ii, 872; title 22 sections 272a, 280b, 280i, 280k,
287e, 287r, 289c, 290b, 2103, 2179, 2509, 4024; title 23 sections
140, 502; title 24 sections 322, 324; title 25 section 450j; title
28 sections 524, 604, 624, 753; title 29 section 671; title 30
Search The US Federal Code
Choose any Keyword and Title and Search the US Federal Code
Ex. "Real Estate" or "Title 36".
The US Federal Code can help users to understand the laws and is one starting source of many inside the legal system. This US code guide is "just a guide" & it is proper to consult the actual us government websites to see the US federal code in its original state & format. This code on this site is just provided for a casual viewing and errors may exist. This is not the official law source website. Also see - state laws, federal regulations, judge opinions, state constitutions, and local laws. This resource can help you get a head start on your legal case, and also provide some starting information to your lawyer.
Consult
a lawyer to explain or
give detail to your case that may involve this US federal code. The lawyer
you find on our site will be able to answer your questions concerning
your legal claim.
Back to Main US
Federal Code Title Page
|
|
