§ 311. — Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority; small purchase threshold.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
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
(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Reference to Printing Act of 1895 deleted as superseded by section
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.
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).