§ 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.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC5]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
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
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.
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\1\ See References in Text note below.
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In the case of wholly owned Government corporations, this section
shall apply to their administrative transactions only.
(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,
Secs. 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.)
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repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1),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.
Codification
R.S. Sec. 3709 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12
Stat. 220.
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, formerly section 505, of act June 30, 1949, ch. 288, 63 Stat. 403;
renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.
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.''
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, 1161, 1964, 2146; 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 section 556; title 31 sections 781, 9703; title 33
sections 1123, 1254; title 38 sections 1966, 7317, 7802, 8122, 8201;
title 40 sections 503, 545, 3148, 3308, 6111, 8711; 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, 1395cc-2, 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, 15325; title 43 section 50d; 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.
