40 U.S.C. § 503 — Exchange or sale of similar items

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.