62 STAT.] 80TH CONG., 2D SESS.- CH. 65 -FEB . 19, 1948 [CHAPTER 65] AN ACT To facilitate procurement of supplies and services by the Departments of the Army, the Navy and the Air Force, the Coast Guard, and the National Advi- sory Committee for Aeronautics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Armed Services Procurement Act of 1947." SEO. 2. (a) The provisions of this Act shall be applicable to all purchases and contracts for supplies or services made by the Depart- ment of the Army, the Department of the Navy, the Department of the Air Force, the United States Coast Guard, and the National Advisory Committee for Aeronautics (each being hereinafter called the agency), for the use of any such agency or otherwise, and to be paid for from appropriated funds. (b) It is the declared policy of the Congress that a fair proportion of the total purchases and contracts for supplies and services for the Government shall be placed with small business concerns. Whenever it is proposed to make a contract or purchase in excess of $10,000 by negotiation and without advertising, pursuant to the authority of paragraph (7) or (8) of section 2 (c) of this Act, suitable advance publicity, as determined by the agency head with due regard to the type of supplies involved and other relevant considerations, shall be given for a period of at least fifteen days, wherever practicable, as determined by the agency head. (c) All purchases and contracts for supplies and services shall be made by advertising, as provided in section 3, except that such pur- chases and contracts may be negotiated by the agency head without advertising if- (1) determined to be necessary in the public interest during the period of a national emergency declared by the President or by the Congress; (2) the public exigency will not admit of the delay incident to advertising; (3) the aggregate amount involved does not exceed $1,000; (4) for personal or professional services; (5) for any service to be rendered by any university, college, or other educational institution; (6) the supplies or services are to be procured and used outside the limits of the United States and its possessions; (7) for medicines or medical supplies; (8) for supplies purchased for authorized resale; (9) for perishable subsistence supplies; (10) for supplies or services for which it is impracticable to secure competition; (11) the agency head determines that the purchase or contract is for eperimental, developmental, or research work, or for the manufacture or furnishing of supplies for experimentation, devel- opment, research, or test: Provided, That beginning six months after the effective date of this Act and at the end of each six- month period thereafter, there shall be furnished to the Congress a report setting forth the name of each contractor with whom a contract has been entered into pursuant to this subsection (11) since the date of the last such report, the amount of the contract, and, with due consideration given to the national security, a description of the work required to be performed thereunder; > (12) for supplies or services as to which the agency head determines that the character, ingredients, or components thereof February 19, 1948 [H. R. 1366] [Public Law 4131 Armed Services Pro- curement Act of 1947. Small business con- cerns. Advance publicity. Infra. Negotiation without advertising. Report to Congres. 21
�
