40 U.S.C. § 541 — Supervision and direction

Page 45 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 545 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, pro- vided that the repeal of this section by section 2(e)(2) is effective on the date that is 5 years after Oct. 1, 2024. SUBCHAPTER III—DISPOSING OF PROPERTY § 541. Supervision and direction Except as otherwise provided in this sub- chapter, the Administrator of General Services shall supervise and direct the disposition of sur- plus property in accordance with this subtitle. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 541 ............. 40:484(a). June 30, 1949, ch. 288, title II, § 203(a), 63 Stat. 385. The words ‘‘shall supervise and direct the disposition of surplus property in accordance with this subtitle’’ are substituted for ‘‘shall have supervision and direc- tion over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be pre- scribed in or pursuant to this Act’’ for clarity and to eliminate unnecessary words. Statutory Notes and Related Subsidiaries TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983 Pub. L. 98–181, title I [title I, § 126(a)(2), (3)], Nov. 30, 1983, 97 Stat. 1175, provided that: ‘‘(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b], the Secretary of Housing and Urban De- velopment and the Secretary of Agriculture may dis- pose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b] if, prior to the date of the enactment of this Act [Nov. 30, 1983], either Secretary had requested the Adminis- trator of General Services to transfer such property for such disposition. ‘‘(3) Notwithstanding paragraph (1), section 414(b) [former 40 U.S.C. 484b(b)] of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2).’’ § 542. Care and handling The disposal of surplus property, and the care and handling of the property pending disposi- tion, may be performed by the General Services Administration or, when the Administrator of General Services decides, by the executive agen- cy in possession of the property or by any other executive agency that agrees. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 542 ............. 40:484(b). June 30, 1949, ch. 288, title II, § 203(b), 63 Stat. 385. § 543. Method of disposition An executive agency designated or authorized by the Administrator of General Services to dis- pose of surplus property may do so by sale, ex- change, lease, permit, or transfer, for cash, cred- it, or other property, with or without warranty, on terms and conditions that the Administrator considers proper. The agency may execute docu- ments to transfer title or other interest in the property and may take other action it considers necessary or proper to dispose of the property under this chapter. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 543 ............. 40:484(c). June 30, 1949, ch. 288, title II, § 203(c), 63 Stat. 385. § 544. Validity of transfer instruments A deed, bill of sale, lease, or other instrument executed by or on behalf of an executive agency purporting to transfer title or other interest in surplus property under this chapter is conclu- sive evidence of compliance with the provisions of this chapter concerning title or other interest of a bona fide grantee or transferee for value and without notice of lack of compliance. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 544 ............. 40:484(d). June 30, 1949, ch. 288, title II, § 203(d), 63 Stat. 385. § 545. Procedure for disposal (a) PUBLIC ADVERTISING FOR BIDS.— (1) REQUIREMENT.— (A) IN GENERAL.—Except as provided in subparagraph (B), the Administrator of Gen- eral Services may make or authorize a dis- posal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes. (B) EXCEPTIONS.—This subsection does not apply to disposal or a contract for disposal of surplus property— (i) under subsection (b) or (d); or (ii) by abandonment, destruction, or do- nation or through a contract broker. (2) TIME, METHOD, AND TERMS.—The time, method, and terms and conditions of adver- tisement must permit full and free competi- tion consistent with the value and nature of the property involved. (3) PUBLIC DISCLOSURE.—Bids must be pub- licly disclosed at the time and place stated in the advertisement. (4) AWARDS.—An award shall be made with reasonable promptness by notice to the re- sponsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other fac- tors considered. However, all bids may be re- jected if it is in the public interest to do so. (b) NEGOTIATED DISPOSAL.—Under regulations the Administrator prescribes, disposals and con- tracts for disposal may be negotiated without