40 U.S.C. § 502 — Services for other entities

Page 34 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 502 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 501(b) ......... 40:481(a)(1), (3). 501(c) ......... 40:481(a)(4). 501(d) ......... 40:481(a)(2). In subsection (a)(2), the words ‘‘from time to time’’ are omitted as unnecessary. The words ‘‘Department of Defense’’ are substituted for ‘‘National Military Estab- lishment’’ in section 201(a) (last proviso) of the Federal Property and Administrative Services Act of 1949, be- cause the Department of Defense was deemed to suc- ceed the National Military Establishment under sec- tion 12(a) and (g) of the National Security Act Amend- ments of 1949 (ch. 412, 63 Stat. 591). The words ‘‘or which may be taken’’ are omitted as unnecessary. In subsection (b)(2)(B), the words ‘‘subject to regula- tions’’ are substituted for ‘‘subject to regulations and regulations’’ in section 201(a)(1) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Pro- curement Policy Act Amendments of 1983 (Public Law 98–191, 97 Stat. 1331). Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–232 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 2011—Subsec. (b)(2)(B). Pub. L. 111–350 substituted ‘‘division B (except sections 1704 and 2303) of subtitle I of title 41’’ for ‘‘the Office of Federal Procurement Pol- icy Act (41 U.S.C. 401 et seq.)’’. § 502. Services for other entities (a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOV- ERNMENT CORPORATIONS, AND THE DISTRICT OF COLUMBIA.—On request, the Administrator of General Services shall provide, to the extent practicable, any of the services specified in sec- tion 501 of this title to— (1) a federal agency; (2) a mixed-ownership Government corpora- tion (as defined in section 9101 of title 31); or (3) the District of Columbia. (b) QUALIFIED NONPROFIT AGENCIES.— (1) IN GENERAL.—On request, the Adminis- trator may provide, to the extent practicable, any of the services specified in section 501 of this title to an agency that is— (A)(i) a qualified nonprofit agency for the blind (as defined in section 8501(7) of title 41); or (ii) a qualified nonprofit agency for other severely disabled (as defined in section 8501(6) of title 41); and (B) providing a commodity or service to the Federal Government under chapter 85 of title 41. (2) USE OF SERVICES.—A nonprofit agency re- ceiving services under this subsection shall use the services directly in making or pro- viding to the Government a commodity or service that has been determined by the Com- mittee for Purchase From People Who Are Blind or Severely Disabled under section 8503 of title 41 to be suitable for procurement by the Government. (c) USE OF CERTAIN SUPPLY SCHEDULES.— (1) IN GENERAL.—The Administrator may provide for the use by State or local govern- ments of Federal supply schedules of the Gen- eral Services Administration for the following: (A) Automated data processing equipment (including firmware), software, supplies, sup- port equipment, and services (as contained in Federal supply classification code group 70). (B) Alarm and signal systems, facility management systems, firefighting and res- cue equipment, law enforcement and secu- rity equipment, marine craft and related equipment, special purpose clothing, and re- lated services (as contained in Federal sup- ply classification code group 84 or any amended or subsequent version of that Fed- eral supply classification group). (2) VOLUNTARY USE.—In any case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Fed- eral Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such sup- ply schedule. (3) DEFINITIONS.—In this subsection: (A) The term ‘‘State or local government’’ includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education). (B) The term ‘‘tribal government’’ means— (i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the conti- nental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and (ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (C) The term ‘‘local educational agency’’ has the meaning given that term in section 7013 of the Elementary and Secondary Edu- cation Act of 1965. (D) The term ‘‘institution of higher edu- cation’’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (d) USE OF SUPPLY SCHEDULES FOR CERTAIN GOODS AND SERVICES.— (1) IN GENERAL.—The Administrator may provide for the use by State or local govern- ments of Federal supply schedules of the Gen- eral Services Administration for goods or serv- ices that are to be used to facilitate recovery from a major disaster declared by the Presi- dent under the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), to facilitate disaster preparedness or response, or to facilitate recovery from ter- rorism or nuclear, biological, chemical, or ra- diological attack. (2) DETERMINATION BY SECRETARY OF HOME- LAND SECURITY.—The Secretary of Homeland Security shall determine which goods and Page 35 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 502 services qualify as goods and services de- scribed in paragraph (1) before the Adminis- trator provides for the use of the Federal sup- ply schedule relating to such goods and serv- ices. (3) VOLUNTARY USE.—In the case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Fed- eral Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such sup- ply schedule. (4) DEFINITIONS.—The definitions in sub- section (c)(3) shall apply for purposes of this subsection. (e) USE OF SUPPLY SCHEDULES BY THE RED CROSS AND OTHER QUALIFIED ORGANIZATIONS.— (1) IN GENERAL.—The Administrator may provide for the use by the American National Red Cross and other qualified organizations of Federal supply schedules. Purchases under this authority by the American National Red Cross shall be used in furtherance of the pur- poses of the American National Red Cross set forth in section 300102 of title 36, United States Code. Purchases under this authority by other qualified organizations shall be used in fur- therance of purposes determined to be appro- priate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in con- sultation with the Administrator of the Fed- eral Emergency Management Agency. (2) LIMITATION.—The authority under this subsection may not be used to purchase sup- plies for resale. (3) QUALIFIED ORGANIZATION.—In this sub- section, the term ‘‘qualified organization’’ means a relief or disaster assistance organiza- tion as described in section 309 of the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5152). (f) DUTY OF USERS REGARDING USE OF SUPPLY SCHEDULES.—All users of Federal supply sched- ules, including non-Federal users, shall use the schedules in accordance with the ordering guid- ance provided by the Administrator of General Services. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107–347, title II, § 211(a), Dec. 17, 2002, 116 Stat. 2939; Pub. L. 109–364, div. A, title VIII, § 833(a), Oct. 17, 2006, 120 Stat. 2332; Pub. L. 110–248, § 2, June 26, 2008, 122 Stat. 2316; Pub. L. 111–263, §§ 2–4, Oct. 8, 2010, 124 Stat. 2787, 2788; Pub. L. 111–350, § 5(l)(7), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 114–95, title IX, § 9215(www), Dec. 10, 2015, 129 Stat. 2191.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 502(a) ......... 40:481(b)(1). June 30, 1949, ch. 288, title II, § 201(b), 63 Stat. 384; Sept. 5, 1950, ch. 849, § 8(b), 64 Stat. 591; Pub. L. 103–355, title I, § 1555, Oct. 13, 1994, 108 Stat. 3300; Pub. L. 105–61, title IV, § 413, Oct. 10, 1997, 111 Stat. 1300. 502(b) ......... 40:481(b)(2). In subsection (b)(2), the words ‘‘the authority of’’ in 40:481(b)(2)(B) are omitted as unnecessary. The words ‘‘Committee for Purchase From People Who Are Blind or Severely Disabled’’ are substituted for [‘‘]Committee for Purchase from the Blind and Other Severely Handi- capped’’ because of section 911(a) of the Rehabilitation Act Amendments of 1992 (Public Law 102–569, 106 Stat. 4486) and section 301 of the Rehabilitation Act Amend- ments of 1993 (Public Law 103–73, 107 Stat. 736). Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in subsec. (c)(3)(B)(ii), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. Section 7013 of the Elementary and Secondary Edu- cation Act of 1965, referred to in subsec. (c)(3)(C), is classified to section 7713 of Title 20, Education. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (d)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classi- fied principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. AMENDMENTS 2015—Subsec. (c)(3)(C). Pub. L. 114–95 substituted ‘‘section 7013 of the Elementary and Secondary Edu- cation Act of 1965’’ for ‘‘section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)’’. 2011—Subsec. (b)(1)(A)(i). Pub. L. 111–350, § 5(l)(7)(A), substituted ‘‘section 8501(7) of title 41’’ for ‘‘section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))’’. Subsec. (b)(1)(A)(ii). Pub. L. 111–350, § 5(l)(7)(B), sub- stituted ‘‘disabled (as defined in section 8501(6) of title 41)’’ for ‘‘handicapped (as defined in section 5(4) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(4)))’’. Subsec. (b)(1)(B). Pub. L. 111–350, § 5(l)(7)(C), sub- stituted ‘‘chapter 85 of title 41’’ for ‘‘the Javits-Wagner- O’Day Act (41 U.S.C. 46 et seq.)’’. Subsec. (b)(2). Pub. L. 111–350, § 5(l)(7)(D), substituted ‘‘section 8503 of title 41’’ for ‘‘section 2 of the Javits- Wagner-O’Day Act (41 U.S.C. 47)’’. 2010—Subsec. (d)(1). Pub. L. 111–263, § 4, inserted ‘‘, to facilitate disaster preparedness or response,’’ after ‘‘Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.)’’. Subsec. (e). Pub. L. 111–263, § 2, added subsec. (e). Subsec. (f). Pub. L. 111–263, § 3, added subsec. (f). 2008—Subsec. (c)(1). Pub. L. 110–248 substituted ‘‘Ad- ministration for the following:’’ for ‘‘Administration for automated’’, inserted ‘‘(A) Automated’’ before ‘‘data processing’’, and added subpar. (B). 2006—Subsec. (d). Pub. L. 109–364 added subsec. (d). 2002—Subsec. (c). Pub. L. 107–347 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. PROCEDURES Pub. L. 109–364, div. A, title VIII, § 833(b), Oct. 17, 2006, 120 Stat. 2332, provided that: ‘‘Not later than 30 days Page 36 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 503 after the date of the enactment of this Act [Oct. 17, 2006], the Administrator of General Services shall es- tablish procedures to implement subsection (d) of sec- tion 502 of title 40, United States Code (as added by sub- section (a)).’’ PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS Pub. L. 108–352, § 9, Oct. 21, 2004, 118 Stat. 1396, pro- vided that: ‘‘Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qual- ify for General Service Administration contract air- fares.’’ § 503. Exchange or sale of similar items (a) AUTHORITY OF EXECUTIVE AGENCIES.—In ac- quiring personal property, an executive agency may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in whole or in part payment for the property ac- quired. (b) APPLICABLE REGULATION AND LAW.— (1) REGULATIONS PRESCRIBED BY ADMINIS- TRATOR OF GENERAL SERVICES.—A transaction under subsection (a) must be carried out in ac- cordance with regulations the Administrator of General Services prescribes, subject to regu- lations prescribed by the Administrator for Federal Procurement Policy under division B (except sections 1704 and 2303) of subtitle I of title 41. (2) IN WRITING.—A transaction under sub- section (a) must be evidenced in writing. (3) SECTION 6101(b) TO (d) OF TITLE 41.—Section 6101(b) to (d) of title 41 applies to a sale of property under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property under section 545(d) of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081; Pub. L. 111–350, § 5(l)(8), Jan. 4, 2011, 124 Stat. 3851.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 503 ............. 40:481(c). June 30, 1949, ch. 288, title II, § 201(c), 63 Stat. 384; Pub. L. 93–400, § 15(2), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, § 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§ 8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 100–612, § 2, Nov. 5, 1988, 102 Stat. 3180. In subsection (a), the words ‘‘in such cases’’ are omit- ted as unnecessary. In subsection (b)(1), the words ‘‘subject to regula- tions’’ are substituted for ‘‘subject to regulations and regulations’’ in section 201(c) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Pro- curement Policy Act Amendments of 1983 (Public Law 98–191, 97 Stat. 1331). In subsection (b)(2), the words ‘‘the authority of’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2011—Subsec. (b)(1). Pub. L. 111–350, § 5(l)(8)(A), sub- stituted ‘‘division B (except sections 1704 and 2303) of subtitle I of title 41’’ for ‘‘the Office of Federal Procure- ment Policy Act (41 U.S.C. 401 et seq.)’’. Subsec. (b)(3). Pub. L. 111–350, § 5(l)(8)(B), substituted ‘‘SECTION 6101(b) TO (d) OF TITLE 41’’ for ‘‘SECTION 3709 OF REVISED STATUTES’’ in heading and ‘‘Section 6101(b) to (d) of title 41’’ for ‘‘Section 3709 of the Revised Statutes (41 U.S.C. 5)’’ in text. § 504. Agency cooperation for inspection (a) RECEIVING ASSISTANCE.—An executive agency may use the services, work, materials, and equipment of another executive agency, with the consent of the other executive agency, to inspect personal property incident to pro- curing the property. (b) PROVIDING ASSISTANCE.—Notwithstanding section 1301(a) of title 31 or any other law, an ex- ecutive agency may provide services, work, ma- terials, and equipment for purposes of this sec- tion without reimbursement or transfer of amounts. (c) POLICIES AND METHODS.—The use or provi- sion of services, work, materials, and equipment under this section must be in conformity with policies and methods the Administrator of Gen- eral Services prescribes under section 501 of this title. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 504 ............. 40:481(d). June 30, 1949, ch. 288, title II, § 201(d), as added Pub. L. 85–781, Aug. 27, 1958, 72 Stat. 936. In subsection (b), the words ‘‘section 1301(a) of title 31’’ are substituted for ‘‘section 3678 of the Revised Statutes (31 U.S.C. 628)’’ in section 201(d) of the Federal Property and Administrative Services Act of 1949 be- cause of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. In subsection (c), the words ‘‘and methods’’ are added for consistency with section 501(b)(2) of the revised title. § 505. Exchange or transfer of medical supplies (a) EXCESS PROPERTY DETERMINATION.— (1) IN GENERAL.—Medical materials or sup- plies an executive agency holds for national emergency purposes are considered excess property for purposes of subchapter II when the head of the agency determines that— (A) the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and (B) transfer or other disposal is in the na- tional interest. (2) TIMING.—To the greatest extent prac- ticable, the head of the agency shall make the determination in sufficient time to allow for the transfer or other disposal and use of med- ical materials or supplies before their shelf life expires and they are rendered unfit for human use. (b) TRANSFER OR EXCHANGE.— (1) IN GENERAL.—In accordance with regula- tions the Administrator of General Services prescribes, medical materials or supplies con- sidered excess property may be transferred to another federal agency or exchanged with an- other federal agency for other medical mate- rials or supplies.