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(A) collects relevant data on award and incentive fees paid to 
contractors; and 
(B) has mechanisms in place to evaluate the data on a regular 
basis; 
(9) include performance measures to evaluate the effectiveness of 
award and incentive fees as a tool for improving contractor perform-
ance and achieving desired program outcomes; and 
(10) provide mechanisms for sharing proven incentive strategies for 
the acquisition of different types of products and services among con-
tracting and program management officials. 
(d) GUIDANCE FOR DEPARTMENT OF DEFENSE.—The Department of 
Defense shall continue to be subject to guidance on award and incentive fees 
issued by the Secretary of Defense pursuant to section 814 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364, 10 U.S.C. 2302 note). 
Subtitle II—Other Advertising and Contract 
Provisions 
Chapter 
Sec. 
61. Advertising ..................................................................................................
6101 
63. General Contract Provisions ................................................................
6301 
65. Contracts for Materials, Supplies, Articles, and Equipment 
Exceeding $10,000.
6501 
67. Service Contract Labor Standards ....................................................
6701 
CHAPTER 61—ADVERTISING 
Sec. 
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’’ in-
cludes 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;
159 
(B) public exigencies require the immediate delivery of articles 
or performance of services; 
(C) only one source of supply is available and the Federal Gov-
ernment 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 rea-
sonable value involved in any one case does not exceed $500, sales and con-
tracts 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 ad-
ministrative transactions. 
§ 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 con-
tract. 
(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 For-
eign 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 equip-
ment and the procurement of services for all branches under the Architect 
of the Capitol may be made in the open market according to common busi-
ness 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
160 
reservations may be sold under regulations the Secretary of the Interior pre-
scribes, 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 Congres-
sional Budget Office may enter into agreements or contracts without regard 
to section 6101 of this title. 
§ 6103. Opening of bids 
Whenever proposals for supplies have been solicited, the parties respond-
ing 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. 
CHAPTER 63—GENERAL CONTRACT PROVISIONS 
Sec. 
6301.
Authorization requirement. 
6302.
Contracts for fuel made by Secretary of the Army. 
6303.
Certain contracts limited to appropriated amounts. 
6304.
Certain contracts limited to one-year term. 
6305.
Prohibition on transfer of contract and certain allowable assignments. 
6306.
Prohibition on Members of Congress making contracts with Federal Government. 
6307.
Contracts with Federal Government-owned establishments and availability of appro-
priations. 
6308.
Contracts for transportation of Federal Government securities. 
6309.
Honorable discharge certificate in lieu of birth certificate. 
§ 6301. Authorization requirement 
(a) IN GENERAL.—A contract or purchase on behalf of the Federal Gov-
ernment shall not be made unless the contract or purchase is authorized by 
law or is under an appropriation adequate to its fulfillment. 
(b) EXCEPTION.— 
(1) DEFINITION.—In this subsection, the term ‘‘defined Secretary’’ 
means— 
(A) the Secretary of Defense; or 
(B) the Secretary of Homeland Security with respect to the 
Coast Guard when the Coast Guard is not operating as a service 
in the Navy. 
(2) IN GENERAL.—Subsection (a) does not apply to a contract or 
purchase made by a defined Secretary for clothing, subsistence, forage, 
fuel, quarters, transportation, or medical and hospital supplies. 
(3) CURRENT YEAR LIMITATION.—A contract or purchase made by 
a defined Secretary under this subsection may not exceed the neces-
sities of the current year. 
(4) REPORTS.—The defined Secretary shall immediately advise Con-
gress when authority is exercised under this subsection. The defined