§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
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 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.
In the case of wholly owned Government corporations, this section shall apply to their administrative transactions only.
(R.S. §3709; Aug. 2, 1946, ch. 744, §9(a), (c),
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Section 1638 of Appendix to title 50, referred to in text, was repealed by act June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1),
Codification
R.S. §3709 derived from act Mar. 2, 1861, ch. 84, §10,
Section is also set out in the District of Columbia Code, §1–1110.
Amendments
1983-
1974-
1958-
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 of supplies 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."
Cross References
Architect of Capitol, procurement of supplies and services, see section 6a–1 of this title.
Armed services, procurement of supplies and services, see sections 2301 et seq. and 2381 et seq. of Title 10, Armed Forces.
Conservation, National Park Service-
Hiring of work animals and equipment not required to comply with this section in certain cases, see section 17i of Title 16, Conservation.
Seeding and tree planting within national forests, open purchases without advertisement, see section 504 of Title 16.
Services and accommodations for public in national parks and national monuments, see section 17b of Title 16.
Contracts for transportation of moneys, bullion, coin, etc., see section 24 of this title.
Control of coal-mine fires, employment of equipment by Secretary of Interior without regard to this section, see section 556 of Title 30, Mineral Lands and Mining.
Definition of terms employed in this section, see section 5a of this title.
Farm Credit Administration, maintenance and disposal of properties by, see section 1141b of Title 12, Banks and Banking.
Farm Housing, service and supply contracts less than specified amount unaffected by provisions of this section, see section 1480 of Title 42, The Public Health and Welfare.
Federal Deposit Insurance Corporation, Comptroller General authorized for purposes of audit thereof to employ by contract professional services of firms and organizations of certified public accountants without regard to this section, see section 1827 of Title 12, Banks and Banking.
Federal Power Commission-
Bonneville power project, purchase of supplies and services without advertisement, see section 832g of Title 16, Conservation.
Contracts for engraving, lithographing, and photolithographing, without advertisement for proposals, see section 825k of Title 16.
Fort Peck power project, purchase of supplies and services without advertisement, see section 833f of Title 16.
Fishery resources, authority of Secretary of Interior to contract to utilize state facilities and services without regard to this section, see section 757 of Title 16.
Highway research program, inapplicability of this section to contracts, see section 307 of Title 23, Highways.
House of Representatives, procurement of packing boxes, see section 100 of Title 2, The Congress.
Housing-
Contracts for hazard insurance and purchases by Federal Housing Commissioner, excepted, see sections 1703, 1710, and 1713 of Title 12, Banks and Banking.
Purchases and contracts by Department of Housing and Urban Development and Office of Thrift Supervision excepted from this section, see section 1701c of Title 12.
Purchases and contracts for services or supplies under specified amount for national defense housing excepted from this section, see section 1750c of Title 12.
International health research, authority of President to contract with public and nonprofit private institutions and agencies and individuals in participating foreign countries without regard to provisions of this section, see section 2103 of Title 22, Foreign Relations and Intercourse.
Menominee Indian Reservation, supplies for operations on reservation, and sale of Indian-produced forest products, see section 6b of this title.
National Fisheries Center and Aquarium, authority of Secretary of Interior to provide for vessels for specimen collecting purposes without regard to this section, see section 1052 of Title 16, Conservation.
National Science Foundation, contracts and other arrangements, see section 1870 of Title 42, The Public Health and Welfare.
Procurement of transportation services from common carrier, exception of, see section 10721 of Title 49, Transportation.
Public Printing-
Authority required to authorize publication of advertisements, notices, or proposals for any Executive Department, see section 3702 of Title 44, Public Printing and Documents.
Purchase of paper and materials for the Government Printing Office, see section 501 et seq. of Title 44.
Railroad Retirement Board, services and supplies for, see section 361 of Title 45, Railroads.
Reconditioning of foreign merchant vessels acquired under emergency authority, see section 198 of Title 50, War and National Defense.
References to this section deemed references to section 252 of this title, see section 260 of this title.
Small Business Administrator, power to pursue assigned claims to final collection in connection with loans, see section 634 of Title 15, Commerce and Trade.
State Department-
Institution for training, acquisition of realty and other property and equipment for without regard to this section, see section 4024 of Title 22, Foreign Relations and Intercourse.
International Labour Conference, printing and binding for without regard to this section, see section 272a of Title 22.
International Refugee Organization, funds available for expenditure without regard to this section, see section 289c of Title 22.
South Pacific Commission, printing and binding for without regard to this section, see section 280b of Title 22.
United Nations, printing and binding for without regard to this section, see section 287e of Title 22.
Stationery for United States Senate and House of Representatives, advertisement for sealed proposals, see section 106 of Title 2, The Congress.
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; title 7 sections 87e–1, 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, 8508; 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 section 556; title 31 sections 781, 9703; title 33 sections 1123, 1254; title 38 sections 1966, 7317, 7802, 8122, 8201; title 40 sections 71a, 212a–4, 216c, 276a–7, 481, 484, 609, 758; title 42 sections 238m, 242k, 242m, 285a–2, 285b–3, 285n, 289c, 289e, 290aa–9, 299c–4, 300c–22, 300u, 300cc–41, 1395u, 1395b–6, 1480, 1532, 1543, 1563, 1592d, 1592h, 1870, 2051, 2061, 2063, 2075, 2096, 2210, 2293, 2295, 2310, 2349, 2362, 3211, 3535, 4081, 4082, 4101, 4372, 6616, 7403, 7404, 7412, 10303; title 44 section 311; title 45 section 361; title 46 App. section 1295d; title 49 sections 1113, 5334, 10721, 13712, 15504, 47305; title 50 sections 198, 1902; title 50 App. section 1918.