40 U.S.C. § 1102 — Definitions

Page 92 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 904 § 904. Disposal (a) NOTICE TO LOCAL GOVERNMENT.—Before of- fering real property situated in an urban area for sale, the Administrator of General Services shall give reasonable notice to the unit of gen- eral local government exercising zoning and land use jurisdiction in order to provide an op- portunity for zoning so that the property is used in accordance with local comprehensive plan- ning described in subsection (c). (b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent practicable, the Adminis- trator shall furnish to all prospective purchasers of real property situated in an urban area com- plete information concerning— (1) current zoning regulations, prospective zoning requirements, and objectives for prop- erty if it is unzoned; and (2)(A) the current availability of streets, sidewalks, sewers, water, street lights, and other service facilities; and (B) the prospective availability of those service facilities if the property is included in local comprehensive planning described in subsection (c). (c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning referred to in sub- sections (a) and (b) includes any of the following activities, to the extent the activity is directly related to the needs of a unit of general local government: (1) As a guide for government policy and ac- tion, preparing general plans related to— (A) the pattern and intensity of land use; (B) the provision of public facilities (in- cluding transportation facilities) and other government services; and (C) the effective development and use of human and natural resources. (2) Preparing long-range physical and fiscal plans for government action. (3) Programming capital improvements and other major expenditures, based on a deter- mination of relative urgency, together with definitive financial planning for expenditures in the earlier years of a program. (4) Coordinating related plans and activities of state and local governments and agencies. (5) Preparing regulatory and administrative measures to support activities described in this subsection. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 904(a), (b) ... 40:532. June 30, 1949, ch. 288, title VIII, §§ 803, 806(c), as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105. 904(c) ......... 40:535(c). In subsection (a), the words ‘‘Whenever the Adminis- trator contemplates the disposal for or on behalf of any Federal agency of’’ and ‘‘such land’’ are omitted as un- necessary. The words ‘‘the head of the governing body of’’ are omitted for consistency in the chapter. The words ‘‘exercising zoning and land-use jurisdiction’’ are substituted for ‘‘having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located’’ to eliminate un- necessary words and for consistency in the chapter. In subsection (c)(2), the word ‘‘Preparing’’ is added for clarity. § 905. Waiver The procedures prescribed in sections 903 and 904 of this title may be waived during a period of national emergency proclaimed by the Presi- dent. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 905 ............. 40:534. June 30, 1949, ch. 288, title VIII, § 805, as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105. CHAPTER 11—SELECTION OF ARCHITECTS AND ENGINEERS Sec. 1101. Policy. 1102. Definitions. 1103. Selection procedure. 1104. Negotiation of contract. § 1101. Policy The policy of the Federal Government is to publicly announce all requirements for architec- tural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated com- petence and qualification for the type of profes- sional services required and at fair and reason- able prices. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1101 ............ 40:542. June 30, 1949, ch. 288, title IX, § 902, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. The words ‘‘The Congress hereby declares’’ are omit- ted as unnecessary. § 1102. Definitions In this chapter, the following definitions apply: (1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a department, agency, or bureau of the Federal Government. (2) ARCHITECTURAL AND ENGINEERING SERV- ICES.—The term ‘‘architectural and engineer- ing services’’ means— (A) professional services of an architec- tural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person li- censed, registered, or certified to provide the services described in this paragraph; (B) professional services of an architec- tural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and (C) other professional services of an archi- tectural or engineering nature, or incidental services, which members of the architectural Page 93 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 1104 and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, pro- gram management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineer- ing, drawing reviews, preparation of oper- ating and maintenance manuals, and other related services. (3) FIRM.—The term ‘‘firm’’ means an indi- vidual, firm, partnership, corporation, associa- tion, or other legal entity permitted by law to practice the profession of architecture or engi- neering. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1102 ............ 40:541. June 30, 1949, ch. 288, title IX, § 901, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100–656, title VII, § 742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100–679, § 8, Nov. 17, 1988, 102 Stat. 4068. In clause (1), the words ‘‘Secretary, Administrator, or’’ are omitted as unnecessary. § 1103. Selection procedure (a) IN GENERAL.—These procedures apply to the procurement of architectural and engineer- ing services by an agency head. (b) ANNUAL STATEMENTS.—The agency head shall encourage firms to submit annually a statement of qualifications and performance data. (c) EVALUATION.—For each proposed project, the agency head shall evaluate current state- ments of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discus- sions with at least 3 firms to consider antici- pated concepts and compare alternative meth- ods for furnishing services. (d) SELECTION.—From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1103 ............ 40:543. June 30, 1949, ch. 288, title IX, § 903, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. In subsection (b), the words ‘‘engaged in the lawful practice of their profession’’ are omitted as unneces- sary because of the definition of ‘‘firm’’ in section 1102 of the revised title. In subsection (c), the words ‘‘compare alternative methods for furnishing services’’ are substituted for ‘‘the relative utility of alternative methods of ap- proach for furnishing the required services’’ to elimi- nate unnecessary words. Statutory Notes and Related Subsidiaries ARCHITECTURAL AND ENGINEERING SERVICES Pub. L. 108–136, div. A, title XIV, § 1427(b), Nov. 24, 2003, 117 Stat. 1670, as amended by Pub. L. 117–81, div. A, title XVII, § 1702(l)(8), Dec. 27, 2021, 135 Stat. 2161, provided that: ‘‘Architectural and engineering services (as defined in section 1102 of title 40, United States Code) shall not be offered under multiple-award sched- ule contracts entered into by the Administrator of Gen- eral Services or under Governmentwide task and deliv- ery order contracts entered into under sections 3403 and 3405 of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Serv- ices Act of 1949 ([former] 41 U.S.C. 253h and 253i) [now 41 U.S.C. 4103, 4105(a) to (c)(1), (d) to (i)] unless such services— ‘‘(1) are performed under the direct supervision of a professional architect or engineer licensed, reg- istered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be per- formed; and ‘‘(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code.’’ § 1104. Negotiation of contract (a) IN GENERAL.—The agency head shall nego- tiate a contract for architectural and engineer- ing services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional na- ture, and estimated value of the services to be rendered. (b) ORDER OF NEGOTIATION.—The agency head shall attempt to negotiate a contract, as pro- vided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agen- cy head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfac- tory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1104 ............ 40:544. June 30, 1949, ch. 288, title IX, § 904, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. CHAPTER 13—PUBLIC PROPERTY Sec. 1301. Charge of property transferred to the Federal Government. 1302. Lease of buildings. 1303. Disposition of surplus real property. 1304. Transfer of federal property to States.