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§ 311. —  Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority; small purchase threshold. - US § 311. —  Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority; small purchase threshold. - US Code : CHAN ROBLES VIRTUAL LAW LIBRARY

[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 44USC311]

 
                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS
 
                  CHAPTER 3--GOVERNMENT PRINTING OFFICE
 
Sec. 311. Purchases exempt from the Federal Property and 
        Administrative Services Act; contract negotiation authority; 
        small purchase threshold
        
    (a) Purchases may be made from appropriations under the ``Government 
Printing Office'' without reference to subtitle I of title 40 and title 
III of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 251 et seq.) concerning purchases for the Federal Government.
    (b) In addition to the authority to negotiate otherwise provided by 
law, the Public Printer may negotiate purchases and contracts for 
supplies or services for which the Public Printer determines that it is 
impracticable to secure competition by advertising. The Public Printer 
may not award a contract under this subsection unless he justifies the 
use of negotiation in writing and certifies the accuracy and 
completeness of the justification. The justification shall set out facts 
and circumstances that clearly and convincingly establish that 
advertising would not be practicable for such contract. Such a 
justification is final and a copy thereof shall be maintained in the 
Government Printing Office for at least 6 years after the date of the 
determination. The Public Printer may designate one or more employees of 
the Government Printing Office to carry out this subsection.
    (c) Notwithstanding any other provision of law, section 3709 of the 
Revised Statutes (41 U.S.C. 5) shall apply with respect to purchases and 
contracts for the Government Printing Office as if the reference to 
``$25,000'' in clause (1) of such section were a reference to 
``$100,000''.

(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1242; Pub. L. 99-151, title 
III, Sec. 305(a), (b)(1), Nov. 13, 1985, 99 Stat. 808; Pub. L. 106-57, 
title II, Sec. 210(a), (b), Sept. 29, 1999, 113 Stat. 425; Pub. L. 107-
217, Sec. 3(l)(1), Aug. 21, 2002, 116 Stat. 1301.)


                      Historical and Revision Notes

    Based on 44 U.S. Code, 1964 ed., Sec. 64 (Aug. 1, 1953, ch. 304, 
title I, Sec. 102, 67 Stat. 332).
    Reference to Printing Act of 1895 deleted as superseded by section 
309.

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. Title III of the Act is classified generally to subchapter 
IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40, Public Buildings, Property, and 
Works, and Tables.


                               Amendments

    2002--Subsec. (a). Pub. L. 107-217 substituted ``subtitle I of title 
40 and title III of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 251 et seq.)'' for ``the Federal Property and 
Administrative Services Act, approved June 30, 1949, as amended,''.
    1999--Pub. L. 106-57, Sec. 210(b), inserted ``; small purchase 
threshold'' after ``authority'' in section catchline.
    Subsec. (c). Pub. L. 106-57, Sec. 210(a), added subsec. (c).
    1985--Pub. L. 99-151, Sec. 305(b)(1), inserted ``; contract 
negotiation authority'' in section catchline.
    Pub. L. 99-151, Sec. 305(a), designated existing provisions as 
subsec. (a) and added subsec. (b).




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