§ 428. — Procedures applicable to purchases below micropurchase threshold.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC428]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 428. Procedures applicable to purchases below micro-
purchase threshold
(a) Requirements
(1) The head of each executive agency shall ensure that procuring
activities of that agency, in awarding a contract with a price exceeding
the micro-purchase threshold, comply with the requirements of section
637(a) of title 15, section 2323 of title 10, and section 7102 of the
Federal Acquisition Streamlining Act of 1994.
(2) The authority under part 13.106(a)(1) of the Federal Acquisition
Regulation (48 C.F.R. 13.106(a)(1)), as in effect on November 18, 1993,
to make purchases without securing competitive quotations does not apply
to any purchases with a price exceeding the micro-purchase threshold.
(b) Exclusion for micro-purchases
A purchase by an executive agency with an anticipated value of the
micro-purchase threshold or less is not subject to section 644(j) of
title 15 and the Buy American Act (41 U.S.C. 10a-10c).
(c) Purchases without competitive quotations
A purchase not greater than $2,500 may be made without obtaining
competitive quotations if an employee of an executive agency or a member
of the Armed Forces of the United States authorized to do so determines
that the price for the purchase is reasonable.
(d) Equitable distribution
Purchases not greater than $2,500 shall be distributed equitably
among qualified suppliers.
(e) Implementation through FAR
This section shall be implemented through the Federal Acquisition
Regulation.
(f) Micro-purchase threshold defined
For purposes of this section, the micro-purchase threshold is the
amount of $2,500.
(Pub. L. 93-400, Sec. 32, as added Pub. L. 103-355, title IV,
Sec. 4301(a), Oct. 13, 1994, 108 Stat. 3346; amended Pub. L. 104-106,
div. D, title XLIII, Secs. 4304(b)(4), (c)(3), 4311, Feb. 10, 1996, 110
Stat. 664, 671.)
References in Text
Section 7102 of the Federal Acquisition Streamlining Act of 1994,
referred to in subsec. (a)(1), is section 7102 of Pub. L. 103-355, which
is set out as a note under section 644 of Title 15, Commerce and Trade.
The Buy American Act, referred to in subsec. (b), is title III of
act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which is
classified generally to sections 10a, 10b, and 10c of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 10a of this title and Tables.
Amendments
1996--Subsec. (c). Pub. L. 104-106, Sec. 4311, substituted ``an
employee of an executive agency or a member of the Armed Forces of the
United States authorized to do so'' for ``the contracting officer''.
Pub. L. 104-106, Sec. 4304(b)(4), (c)(3), redesignated subsec. (d)
as (c) and struck out heading and text of former subsec. (c). Text read
as follows: ``For purposes of section 423 of this title, an officer or
employee of an executive agency, or a member of the Armed Forces of the
United States, shall not be considered a procurement official if--
``(1) the contracting authority of the officer, employee, or
member does not exceed $2,500; and
``(2) the head of the contracting activity concerned (or a
designee of the head of the contracting activity concerned)
determines that the duties of the position of that officer,
employee, or member are such that is it unlikely that the officer,
employee, or member will be required to conduct procurements in a
total amount greater than $20,000 in any 12-month period.''
Subsecs. (d) to (g). Pub. L. 104-106, Sec. 4304(c)(3), redesignated
subsecs. (e) to (g) as (d) to (f), respectively. Former subsec. (d)
redesignated (c).
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Effective Date
Section effective Oct. 13, 1994, and to be implemented in Federal
Acquisition Regulation not later than 60 days after Oct. 13, 1994, see
section 4301(c) of Pub. L. 103-355, set out as an Effective Date of 1994
Amendment note under section 10a of this title.
Section Referred to in Other Sections
This section is referred to in section 10a of this title; title 6
sections 393, 424.
