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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 41 U.S.C. § 6101 Advertising requirement for Federal Government purchases and sales us united_states_code code_section 41 PUBLIC CONTRACTS 61 ADVERTISING 6101 41 U.S.C. § 6101 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc41@119-100.zip /us/usc/t41/s6101 data/legal/raw/us/code/title-41/usc41.xml 05f8cd53cf84795bb7f548a647f64f7996901933b5ff36f73d479fed028f3f35 0977ff7e7fefd99bbd25a86e009a9e4c2707301ec8c49233d17b6604e38702e3 a01028b5bd344978de2b090dc5cfcb329d5e25d70cc330c010cfde65219b6c6a 2026-07-04 official
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41 U.S.C. § 6101 - Advertising requirement for Federal Government purchases and sales

Text

(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. 111350, § 3, Jan. 4, 2011, 124 Stat. 3801.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 6101(a)41:5a.Aug. 2, 1946, ch. 744, § 18, 60 Stat. 811. 6101(b)(d)41:5.R.S. § 3709; Aug. 2, 1946, ch. 744, § 9(a), (c), 60 Stat. 809; June 30, 1949, ch. 288, title VI, § 602(f), formerly title V, § 502(e), 63 Stat. 403, renumbered title VI, § 602(f), Sept. 5, 1950, ch. 849, §§ 6(a), (b), 8(c), 64 Stat. 583, 591; Pub. L. 85800, § 7, Aug. 28, 1958, 72 Stat. 967; Pub. L. 93356, § 1, July 25, 1974, 88 Stat. 390; Pub. L. 98191, § 9(b), Dec. 1, 1983, 97 Stat. 1332. In subsection (a), before paragraph (1), the words “In this section” are substituted for “as used in this Act” as the probable intent of Congress. Section 9(a) of the Act of August 2, 1946 (ch. 744, 60 Stat. 809) restated 41:5 generally and section 9(c) of the Act, an independent provision, was editorially added as the last paragraph of 41:5. The definitions which apply to “as used in this Act” are probably intended to apply also to 41:5 as restated by the Act. The definitions for “department” and “continental United States” are omitted because those terms do not appear in 41:5. In paragraph (1), the words “section 9104 of title 31” are substituted for “section 104 of the Government Corporation Control Act, approved December 6, 1945” because of section 4(b) of Public Law. 97258 (31 U.S.C. note prec. 101). In paragraphs (1) and (2), the word “includes” is substituted for “shall be construed to include” and for “shall be construed as including”, respectively, to eliminate unnecessary words. In subsection (c), the words “as authorized by section 29 of the Surplus Property Act of 1944 (50 U.S.C. App. 1638)” in section 3709 of the Revised Statutes are omitted because section 29 was repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399).