Collapse to view only § 6101. Advertising requirement for Federal Government purchases and sales
- § 6101. Advertising requirement for Federal Government purchases and sales
- § 6102. Exceptions from advertising requirement
- § 6103. Opening of bids
§ 6101. Advertising requirement for Federal Government purchases and sales
(a)Definitions.—In this section—
(1)Appropriation.—The term “appropriation” includes amounts made available by legislation under section 9104 of title 31.
(2)Federal government.—The term “Federal Government” includes the government of the District of Columbia.
(b)Purchases.—
(1)In general.—Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time.
(2)Limitations on applicability.—Paragraph (1) does not apply when—
(A) the amount involved in any one case does not exceed $25,000;
(B) public exigencies require the immediate delivery of articles or performance of services;
(C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or
(D) services are required to be performed by a contractor in person and are—
(i) of a technical and professional nature; or
(ii) under Federal Government supervision and paid for on a time basis.
(c)Sales.—Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising.
(d)Application to Wholly Owned Government Corporations.—For wholly owned Government corporations, this section applies only to administrative transactions.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3801.)
§ 6102. Exceptions from advertising requirement
(a)American Battle Monuments Commission.—Section 6101 of this title does not apply to the American Battle Monuments Commission with respect to leases in foreign countries for office or garage space.
(b)Bureau of Interparliamentary Union for Promotion of International Arbitration.—Section 6101 of this title does not apply to the Bureau of Interparliamentary Union for Promotion of International Arbitration with respect to necessary stenographic reporting services by contract.
(c)Department of State.—Section 6101 of this title does not apply to the Department of State when the purchase or service relates to the packing of personal and household effects of Diplomatic, Consular, and Foreign Service officers and clerks for foreign shipment.
(d)International Committee of Aerial Legal Experts.—Section 6101 of this title does not apply to the International Committee of Aerial Legal Experts with respect to necessary stenographic and other services by contract.
(e)Architect of the Capitol.—The purchase of supplies and equipment and the procurement of services for all branches under the Architect of the Capitol may be made in the open market according to common business practice, without compliance with section 6101 of this title, when the aggregate amount of the purchase or the service does not exceed $25,000 in any instance.
(f)Forest Products From Indian Reservations.—Lumber and other forest products produced by Indian enterprises from forests on Indian reservations may be sold under regulations the Secretary of the Interior prescribes, without compliance with section 6101 of this title.
(g)House of Representatives.—Section 6101 of this title does not apply to purchases and contracts for supplies or services for any office of the House of Representatives.
(h)Congressional Budget Office.—The Director of the Congressional Budget Office may enter into agreements or contracts without regard to section 6101 of this title.
(i)Senate.—Section 6101 of this title does not apply to agreements, contracts or purchases by any office of the Senate.
(j)Librarian of Congress.—Section 6101 of this title does not apply to a procurement made against an order placed under a task order contract or a delivery order contract (as such terms are defined in section 4101 of this title) entered into by the Librarian of Congress.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3802; Pub. L. 115–141, div. I, title I, § 102, Mar. 23, 2018, 132 Stat. 772; Pub. L. 117–103, div. I, title I, § 142(b), Mar. 15, 2022, 136 Stat. 519.)
§ 6103. Opening of bids
Whenever proposals for supplies have been solicited, the parties responding to the solicitation shall be notified of the time and place of the opening of the bids, and be permitted to be present either in person or by attorney. A record of each bid shall be made at the time and place of the opening of the bids.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3803.)