Contracts for acquisition of the following supplies are exempt from the statute:

1. (a) Any item in those situations where the contracting officer is authorized by the express language of a statute to purchase “in the open market” generally (such as commercial products and commercial services, see part 12); or where a specific purchase is made under the conditions described in 6.302-2 in circumstances where immediate delivery is required by the public exigency.
2. (b) Perishables, including dairy, livestock, and nursery products.
3. (c) Agricultural or farm products processed for first sale by the original producers.
4. (d) Agricultural commodities or the products thereof purchased under contract by the Secretary of Agriculture.

[48 FR 42258, Sept. 19, 1983, as amended at 53 FR 4944, Feb. 18, 1988; 60 FR 48248, Sept. 18, 1995; 79 FR 24205, Apr. 29, 2014; 86 FR 61028, Nov. 4, 2021]