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
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]
