[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR50-201.4]

[Page 11-12]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
            CHAPTER 50--PUBLIC CONTRACTS, DEPARTMENT OF LABOR
 
PART 50 201_GENERAL REGULATIONS--Table of Contents
 
Sec. 50-201.4  Statutory exemptions.

    Inclusion of the stipulations enumerated in Sec. 50-201.1 is not 
required in the following instances:
    (a) Where the contracting officer is authorized by the express 
language of a statute to purchase ``in the open market'', or where a 
purchase of articles, supplies, materials or equipment, either in being 
or virtually so, is made without advertising for bids under 
circumstances bringing such purchase within the exception to the General 
Purchase Statute, R.S. 3709, that is, where immediate delivery is 
required by the public exigency.
    (b) Where the contract relates to perishables, including dairy, 
livestock, and nursery products (``perishables'' covers products subject 
to decay or spoilage and not products canned, salted, smoked, or 
otherwise preserved);
    (c) Where the contract relates to agricultural or farm products 
processed for first sale by the original producers;
    (d) Where the contract is by the Secretary of Agriculture for the 
purchase of agricultural commodities or the products thereof;
    (e) Where the contract is with a common carrier for carriage of 
freight or personnel by vessel, airplane, bus, truck, express, or 
railway line, where published tariff rates are in effect;
    (f) Where the contract is for the furnishing of service by radio, 
telephone, telegraph, or cable companies, subject to the Federal 
Communications Act of

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1934 (48 Stat. 1064 as amended; 47 U.S.C. chapter 5).

[Regs. 504, 1 FR 1626, Sept. 19, 1936, as amended at 9 FR 8347, July 22, 
1944. Redesignated at 24 FR 10952, Dec. 30, 1959, and further 
redesignated at 61 FR 40716, Aug. 5, 1996]