### §311. Purchases exempt from subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41; contract negotiation authority; small purchase threshold

(a) Purchases may be made from appropriations under the "Government Publishing Office" without reference to subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 concerning purchases for the Federal Government.

(b) In addition to the authority to negotiate otherwise provided by law, the Director of the Government Publishing Office may negotiate purchases and contracts for supplies or services for which the Director of the Government Publishing Office determines that it is impracticable to secure competition by advertising. The Director of the Government Publishing Office may not award a contract under this subsection unless the Director 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 Publishing Office for at least 6 years after the date of the determination. The Director of the Government Publishing Office may designate one or more employees of the Government Publishing Office to carry out this subsection.

(c) Notwithstanding any other provision of law, section 6101(b) to (d) of title 41 shall apply with respect to purchases and contracts for the Government Publishing 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, §305(a), (b)(1), Nov. 13, 1985, 99 Stat. 808; Pub. L. 106–57, title II, §210(a), (b), Sept. 29, 1999, 113 Stat. 425; Pub. L. 107–217, §3(l)(1), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 111–350, §5(m)(2), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 113–235, div. H, title I, §1301(b), (c)(1), (i)(7), Dec. 16, 2014, 128 Stat. 2537, 2539.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §64 (Aug. 1, 1953, ch. 304, title I, §102, 67 Stat. 332).

Reference to Printing Act of 1895 deleted as superseded by section 309.

#### **Editorial Notes**

#### Amendments

2014—Subsec. (b). Pub. L. 113–235, §1301(i)(7), substituted "the Director justifies" for "he justifies".

Pub. L. 113–235, §1301(c)(1), substituted "Director of the Government Publishing Office" for "Public Printer" wherever appearing.

2011—Pub. L. 111–350, §5(m)(2)(A), substituted "subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "the Federal Property and Administrative Services Act" in section catchline.

Subsec. (a). Pub. L. 111–350, §5(m)(2)(B), substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".

Subsec. (c). Pub. L. 111–350, §5(m)(2)(C), substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".

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, §210(b), inserted "; small purchase threshold" after "authority" in section catchline.

Subsec. (c). Pub. L. 106–57, §210(a), added subsec. (c).

1985—Pub. L. 99–151, §305(b)(1), inserted "; contract negotiation authority" in section catchline.

Pub. L. 99–151, §305(a), designated existing provisions as subsec. (a) and added subsec. (b).

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

"Government Publishing Office" substituted for "Government Printing Office" wherever appearing in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of this title.