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TITLE 41 > CHAPTER 4 > SUBCHAPTER IV > Sec. 253.

Notes on Sec. 253.

SOURCE
June 30, 1949, ch. 288, title III, Sec. 303, 63 Stat. 395
July 12, 1952, ch. 703, Sec. 1(m), 66 Stat. 594
Pub. L. 90-268, Sec. 2, Mar. 16, 1968, 82 Stat. 49
Pub. L. 98-369, div. B, title VII, Sec. 2711(a)(1), July 18, 1984, 98 Stat. 1175
Pub. L. 98-577, title V, Sec. 504(a)(1), (2), Oct. 30, 1984, 98 Stat. 3086
Pub. L. 99-145, title IX, Sec. 961(a)(2), title XIII, Sec. 1304(c)(2), (3), Nov. 8, 1985, 99 Stat. 703, 742
Pub. L. 101-510, div. A, title VIII, Sec. 806(c), Nov. 5, 1990, 104 Stat. 1592
Pub. L. 103-355, title I, Sec. 1051-1053, 1055(a), title IV, Sec. 4402(a), title VII, Sec. 7203(b)(1), Oct. 13, 1994, 108 Stat. 3260, 3261, 3265, 3348, 3380
Pub. L. 104-106, div. D, title XLI, Sec. 4101(b), 4102(b), title XLII, Sec. 4202(b)(1), title XLIII, Sec. 4321(e)(2), Feb. 10, 1996, 110 Stat. 642, 643, 653, 674
Pub. L. 104-320, Sec. 7(a)(2), 11(c)(2), Oct. 19, 1996, 110 Stat. 3871, 3873
Pub. L. 105-85, div. A, title VIII, Sec. 850(f)(4)(B), Nov. 18, 1997, 111 Stat. 1850.

REFERENCES IN TEXT

Subsection (h) of this section, referred to in subsec. (c)(5), was redesignated subsec. (i) and a new subsec. (h) was added by Pub. L. 104-106, div. D, title XLI, Sec. 4101(b), Feb. 10, 1996, 110 Stat. 642.

The Javits-Wagner-O'Day Act, referred to in subsec. (f)(2)(D), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of this title. For complete classification of this Act to the Code, see Tables

AMENDMENTS

1997 - Subsec. (g)(5). Pub. L. 105-85 substituted ''section 427(f)'' for ''section 427(g)''. 1996 - Subsec. (c)(3)(C). Pub. L. 104-320 substituted ''agency, or to procure the services of an expert or neutral for use'' for ''agency, or'' and inserted ''or negotiated rulemaking'' after ''alternative dispute resolution''.

Subsec. (f)(1)(B)(i). Pub. L. 104-106, Sec. 4102(b)(1), substituted ''$500,000 (but equal to or less than $10,000,000)'' for ''$100,000 (but equal to or less than $1,000,000)'' and ''(ii) or (iii); and'' for ''(ii), (iii), or (iv);''.

Subsec. (f)(1)(B)(ii). Pub. L. 104-106, Sec. 4102(b)(2), substituted ''$10,000,000 (but equal to or less than $50,000,000)'' for ''$1,000,000 (but equal to or less than $10,000,000)'' and ''civilian,'' for ''civilian;''.

Subsec. (f)(1)(B)(iii). Pub. L. 104-106, Sec. 4102(b)(3), substituted ''$50,000,000'' for ''$10,000,000''.

Subsec. (f)(2)(D). Pub. L. 104-106, Sec. 4321(e)(2), substituted ''the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.),'' for ''the Act of June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act,''.

Subsec. (g)(1). Pub. L. 104-106, Sec. 4202(b)(1)(A), substituted ''shall provided for - '' for ''shall provide for special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold.'' and added subpars. (A) and (B). Subsec. (g)(5). Pub. L. 104-106, Sec. 4202(b)(1)(B), added par. (5). Subsecs. (h), (i). Pub. L. 104-106, Sec. 4101(b), added subsec. (h) and redesignated former subsec. (h) as (i). 1994 - Subsec. (a)(1)(A). Pub. L. 103-355, Sec. 1051(1), substituted ''Federal Acquisition Regulation'' for ''modifications to regulations promulgated pursuant to section 2752 of the Competition in Contracting Act of 1984''.

Subsec. (b)(1)(D) to (F). Pub. L. 103-355, Sec. 1052(a), added subpars. (D) to (F). Subsec. (b)(4). Pub. L. 103-355, Sec. 1052(b), added par. (4).

Subsec. (c)(3). Pub. L. 103-355, Sec. 1055(a), struck out ''or'' before ''(B)'' and inserted '', or'' and cl. (C) before period at end.

Subsec. (c)(5). Pub. L. 103-355, Sec. 7203(b)(1)(A), inserted ''subject to subsection (h) of this section,'' before ''a statute''.

Subsec. (f)(1)(B)(i). Pub. L. 103-355, Sec. 1053, inserted before semicolon at end ''or by an official referred to in clause (ii), (iii), or (iv)''.

Pub. L. 103-355, Sec. 4402(a)(1)(A), substituted ''purchases of property and services for amounts not greater than the simplified acquisition threshold'' for ''small purchases of property and services''.

Pub. L. 103-355, Sec. 1051(2), 4402(a)(1)(B), amended par. (1) identically, substituting ''Federal Acquisition Regulation'' for ''regulations modified, in accordance with section 2752 of the Competition in Contracting Act of 1984,''.

Subsec. (g)(2). Pub. L. 103-355, Sec. 4402(a)(2), added par. (2) and struck out former par. (2) which read as follows: ''For the purposes of this subchapter, a small purchase is a purchase or contract for an amount which does not exceed the small purchase threshold.''

Subsec. (g)(3). Pub. L. 103-355, Sec. 4402(a)(3), substituted ''simplified acquisition threshold'' for ''small purchase threshold'' and ''simplified procedures'' for ''small purchase procedures''.

Subsec. (g)(4). Pub. L. 103-355, Sec. 4402(a)(4), substituted ''the simplified procedures'' for ''small purchase procedures''. Subsec. (g)(5). Pub. L. 103-355, Sec. 4402(a)(5), struck out par. (5) which read as follows: ''In this subsection, the term 'small purchase threshold' has the meaning given such term in section 403(11) of this title.'' Subsec. (h). Pub. L. 103-355, Sec. 7203(b)(1)(B), added subsec. (h). 1990 - Subsec. (g)(2), (3). Pub. L. 101-510, Sec. 806(c)(1), (2), substituted ''the small purchase threshold'' for ''$25,000''. Subsec. (g)(5). Pub. L. 101-510, Sec. 806(c)(3), added par. (5). 1985 - Subsec. (f)(1)(C). Pub. L. 99-145, Sec. 1304(c)(2), substituted ''any'' for ''Any''. Subsec. (f)(2). Pub. L. 99-145, Sec. 961(a)(2), added subpars. (A) and (B), designated existing provision as subpar. (C), and redesignated as subpar. (D), cls. (i) and (ii) provisions previously designated subpars. (A) and (B), substituting in cl. (ii) ''section 637(a) of title 15'' for ''the authority of section 637(a) of title 15''.

Subsec.(g)(1). Pub. L. 99-145, Sec. 1304(c)(3), inserted a comma after ''1984''. 1984 - Subsec. (a). Pub. L. 98-369 substituted provisions requiring procurement through full and open competition for provisions requiring advertisement for bids to be made a sufficient time prior to the purchase or contract and to permit full and free competition, and struck out provision that no advertisement or bid invitation for carriage of Government property in other than Government-owned cargo containers could specify carriage in cargo containers of any stated length, height, or width.

Subsec. (b). Pub. L. 98-369 substituted provisions regarding the exclusion of a particular source of property or services from competitive procedures for provisions regarding the opening of bids and procedures for awards, and inserted provision that in fulfilling the statutory requirements relating to small business concerns and socially and economically disadvantaged small business concerns, an executive agency shall use competitive procedures but may restrict a solicitation to allow only such business concerns to compete.

Subsec. (b)(2). Pub. L. 98-577, Sec. 504(a)(1), substituted provisions to the effect that executive agencies may provide for procurement of property or services covered by this section using competitive procedures but excluding other than small business concerns for former provisions which provided that executive agencies shall use competitive procedures but may restrict a solicitation to allow only such small business concerns to compete. Subsec. (b)(3). Pub. L. 98-577, Sec. 504(a)(1), added par. (3). Subsecs. (c) to (g). Pub. L. 98-369 added subsecs. (c) to (g).

Subsec. (f)(2). Pub. L. 98-577, Sec. 504(a)(2), designated the final sentence as subpar. (A) and added subpar. (B). 1968 - Subsec. (a). Pub. L. 90-268 inserted provision that no advertisement or invitation to bid for carriage of Government property in other than Government-owned cargo containers shall specify carriage of such property in cargo containers of any stated length, height, or width. 1952 - Subsec. (a). Act July 12, 1952, substituted ''property'' for ''supplies''

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective 180 days after Nov. 18, 1997, see section 850(g) of Pub. L. 105-85, set out as a note under section 2302c of Title 10, Armed Forces

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date and applicability of amendment by Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 251 of this title

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L. 103-355, see section 10001 of Pub. L. 103-355, set out as a note under section 251 of this title

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by section 961(a)(2) of Pub. L. 99-145 effective as if included in enactment of Competition in Contracting Act of 1984, Pub. L. 98-369, div. B, title VII, see section 961(e) of Pub. L. 99-145, set out as a note under section 2304 of Title 10, Armed Forces

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable with respect to any solicitation for bids or proposals issued after Mar. 31, 1985, see section 2751 of Pub. L. 98-369, set out as a note under section 251 of this title

EFFECTIVE DATE

Section effective July 1, 1949, see section 605 of act June 30, 1949, set out as a note under section 471 of Title 40, Public Buildings, Property, and Works

TERMINATION OF AUTHORITY TO ISSUE SOLICITATIONS FOR PURCHASES OF COMMERCIAL ITEMS IN EXCESS OF SIMPLIFIED ACQUISITION THRESHOLD

Authority to issue solicitations for purchases of commercial items in excess of simplified acquisition threshold pursuant to special simplified procedures authorized by subsec. (g)(1) of this section to expire three years after date certain amendments by section 4202 of Pub. L. 104-106 take effect pursuant to section 4401(b) of Pub. L. 104-106, set out as a note under section 251 of this title, see section 4202(e) of Pub. L. 104-106, set out as a note under section 2304 of Title 10, Armed Forces

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5

SMALL BUSINESS ACT

Section 2711(c) of Pub. L. 98-369 provided that: ''The amendments made by this section (amending this section and section 259 of this title and enacting sections 253a and 253b of this title) do not supersede or affect the provisions of section 8(a) of the Small Business Act (15 U.S.C. 637(a)).''

DEFINITIONS

The definitions in section 472 of Title 40, Public Buildings, Property, and Works, apply to this subchapter

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 252, 253h, 253i, 253j, 257, 416, 417, 427 of this title; title 15 section 637; title 20 section 1018a; title 22 section 2669; title 29 section 2887; title 38 section 8153; title 40 section 618; title 49 section 40110; title 50 App. section 2077

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