
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 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. 
See section 471 et seq. of Title 40, Public Buildings, Property, and 
Works.

                          Codification

    R.S. Sec. 3709 derived from act Mar. 2, 1861, ch. 84, Sec. 10, 12 
Stat. 220.
    Section is also set out in the District of Columbia Code, Sec. 1-
1110.


                               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 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.
