PUBLIC BUILDINGS - SELECTION OF ARCHITECTS AND ENGINEERS
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP89-00244R000200260093-5
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RIFPUB
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K
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7
Document Creation Date:
December 22, 2016
Document Release Date:
June 27, 2008
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93
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Approved For Release 2008/06/27: CIA-RDP89-00244R000200260093-5
P.L. 92-581 LAWS OF 92nd CONG.-2nd SESS. Oe?t. 27
"(e) Provisions of this section shall be effective only in the car;e,+
of members who, on or before June 30, 1975, execute the requii ei'.
written agreement to remain in active service."; and
(4) by inserting the following new item in the ;ir aly:,i
12a. Special pay: rurclear-trained and qualified enlisted men;l,crs.".
Sec. 2. The provisions of section 7545(c) of title 10, T'liited
States Code, shall not apply with respect. to any gift maclk. after ;i;e
(late of enactment of this Act and prior to January 1, 1973, by the
Department of the Navy to the city of Clifton Forge, Virginias, of
a Baldwin steam locomotive (No. 606) which is no longer rleeicdl
by the Navy and which has certain historical significance for the
city of Clifton Forge, Virginia.
Approved October 27, 1972.
PUBLIC BUILDINGS-SELECTION OF ARCHITECTS
AND ENGINEERS
For Legislative history of Act, see p. 4767
PUBLIC LAW 92-582; 81; STAT. 1278
[I-I. It. 128071
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(40 U.S.C. 471 et seq.) ?4 is amended by adding at the end thereof the
The Federal Property and Administrative Services Act of 19)191
States of America in Congress assembled, Thrrt:
Be it enacted by the Senate and House of Repres('ntatil`e's of ttie' Ulzite ~f.
1949 Ti eorder to es a
firms and individuals to perform architectural, enq;neefletl, and re-
An Act to amend the Federal Property and Administrative Servi,:es Act of
hlish Federal policy concerning the selection of
"TITLE IX-SELECTION OF ARCHITECTS ANT)
ENGINEERS
"D[: 'INiT1OIv1S
"Sec. 901. As used in this title-
"(1) The term 'firm' means any individual, firm, partnership, cor-
poration, association, or other legal entity permitted by law to l,rac-
tice the professions of architecture or engineering.
"(2) The term 'agency head' means the Secretary, Administrator,
or head of a department, agency, or bureau of the Federal Govei,n-
ment.
"(3) The term 'architectural and engineering services' includes
those professional services of an architectural or engineering nature
as well as incidental services that, members of these prefcs i,on and
those in their employ may logically or justifiably perform.
Federal Government to publicly announce all requirement,; for irchi-
"Sec. 902. The Congress hereby declares it to be the policy of the
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tectural and engineering services, acid to negotiate- contracts for
architectural and cli~~incering services on the basis of demonstrated
competence and qualification for the type of professional services
required and at fair and reasonable prices.
ItI:C;I*F,STS P`:)It DATA (?N ARCIIITECTULAL AND ENGINEERING SEItVICES
"Sec 903. In the prtwucement of aichitectl.u-al and engineering
services, the agency head shall encourage firms engaged in the law-
ful practice of their profes:;ion to submit annually a statement of
qualifications and performance data. The agency head, for each
proposed project, shall evaluate current statements of qualifications
and performance data on file with the agency, together with those
that may be submitted by other firms regarding the proposed proj-
ect, and shall conduct di.scu~-ssions With no less than three firms rc -
garding anticipated concepts and the relative utility of alternative
methods of approach for furnishing the required services and then
shall select therefrom, in order to preference, based upon criteria
established and published by him, no less than three of the firms
deemed to be the most highly qualified to provide the services re-
quired.
' :v :u''TIATION OF c '.`R'e'vs FOR Artf'HITEC'tIILVI %N'
ENGINEERING SERVICES
"Sec. 904. (a) The agency head shall negotiate a contract with the
highest qualified firm for architectural and engineering services at
crempensat.ion which the agency head determines is fair and reason-
able to the Government. In making such determination, the agency
head shall take into account the estimated value of the services to be
rendered, the scope, cemplcxity, and professional nature thereof.
"(b) Should the agency head he. unable to negotiate a satisfactory
contract with the firm considered to be the most qualified, at a price
he determines to be fair and reasonable to the Government, n,'gotii,-
tions with that firm should be formally terminated. The agency head
should then undertake negotiations with the second most qualified
firm. Failing accord with the second most qualified firm, the agency
head should terminate negotiations. The agency head should then
undertake negotiations with the third most qualified firm.
"i c) Should the agency head be unable to negotiate a satisfactory
contract with any of the selected firms, he shall select additional
.firms in order of their competence and qualification and continue ne-
gotiations in accordance with this section until an agreement is
reached."
Approved October 27, 1972.
1487
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M41 I L .1
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UNITED STATES CODE
ANNOTATED
Title 40
Public Buildings, Property, and Works
? 301 to End
Cumulative Annual Pocket Part
jor 11.4e A 198/
Replacing prior pocket part in back of volume
Includes the Laws of the
96th CONGRESS, SECOND SESSION (1980)
through Public Law 96-486, approved
December 1, 1980
For close of Notes of Decisions
See page 3
CURRENT LAWS AND LEGISLATIVE HISTORY
0T. PAIL, MINN.
WEST PUBLISHING 00.
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Consult
United States Code
Congressional and Administrative News
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40 ? 514 PUBUC BUILDINGS, ETC.
8 514. General provisions
[See main volume for teat of (t7) to (,?)7
Transfer of functions
(d) There shall be transferred from the Department of State to each
other executive agency affected by this subchapter such records, property.
personnel, obligations, commitments, and unexpended balances of appro
priations, allocations, and other funds, available or to be made available,
as the Director of the Bureau of the Budget shall determine to relate to
functions of such agency under this subchapter which have heretofore
been administered by the Department of State.
(e) Redesignated (d).
As amended Oct. 19, 1980, Pub.L. 96-470, Title I, 3 101(a), 94 Stat. 2237.
1880 Amendment. Subgec. id). Pub.L.
as (d) andpss ruck out g bsec, e(d), which
provided that the head of each executive
agency responsible for the disposal of
foreign excess property under this sub-
chapter submit a report to Congress in
January of each year, or at such other
desirable times, relative to its activities
under this subchapter accompanied by
appropriate recommendations.
Subsec. (e). Pub.L. 96-470 redesignated
former subsec. (e) as (d).
Legislative History. For ierislative
history and purpose of Pub.L. 98-470, see
1980 U.S.Code Cong. and Adm.News, p.
SUBCHAPTER IV-RECONSTRUCTION FINANCE
CORPORATION PROPERTY
? 521 to 524. Repealed. Pub.L. 91-460,
990
Section 521, Act June 30, 1949, c. 288, Corporation, in lieu of taxes to Stati and
8741e1 3. 69 Stat. 722 dstatedt'co gres1, c. siioonal loc~titang on 524, Acs. a
declaration of as June 30, 1949, Aug. u. le 1c.
struction Finance Ii Corpregarding rtion rop Rpcon- 1 704, as tie VII, 9 St . added and uame1e. Ibag. 1,
Section 522, Act June 30Aug 'Aug c. 288 Ti- 1958,1 Pubb.L, 885-b77 9' 1 1(b), 72 1 Stat1 458'
tie VII, 194. 1), c,. M c. June 8, 1960, Pub.L. 88-498, 1 1(h), 74 Stat.
874 1 3, 69 702, Stat. as 722, and added amended June 25, 165; Oct. 10, 1962, Pub.L..87-787, $ 1(b), 76
1958, Pub.L. 86--70. !j 30(h), 73 Stat. 148; Stat. 805; June 29, 1964, Pub.L. SK-3301 1
July 12, 1960, Pub.L. 86-624, 1 27(d), 74 1(h), 78 Stat. 226; July 7, 1987, Fub.L.
Stat. 418, defined the terms State, real 90-50, 1 1(b), 81 Stat. 119; Oct. '7, 1970,
property, local taxing authority. real Pub.L. 91-486, 1 1(b). 84 Stat. 900, pro-
property tax, Government department, vided that failure of Government depart-
transfer, and Reconstruction Finance Cor. ment to make payment authorized by
poration as used in the subchapter. former section 522;3 of this title would not
Section 523, Act June 30, 1940, c. 288, Ti- give rise to any a natty or subject the
tie VII, $$ 703, as added Aug. 12 1956, c. property to any lien or foreclosure, ex-
874 1 3, 09 Stat. 722, and amended Aug. 1, empted certain cote odes of real property
19613, Pub.L. 86-679, 1(a), 72 Stat. 458; from payments, ant, limited liability for
June S. 1900, Pub.L. 86-498 1 1(a), 74 Stat, any payment in lieu of taxes for any 7erl-
166' Oct. 10, 1902, Pub.L. tj7--787, 1 1(e)76 od before Jan. 1, 1956 or after Dec. 11,
staL 805' June 29, 1964, Pub.L. 88-330, 1 1970.
1(a). 78 i'tet. 226-' July 7, 1967, Pub.L. Etfeetive Date of Repeal. Section 2 of
1 1(a), 81 9tat. 119; Oct. 17, 1970, Pub.L. 91-466 provided that Title VII of
Pub.L. 91-408, 1 1(a) 84 Stat. pro- the Federal Property and Administrative
vided for payments by Government de- Services Act of 1949 [former sections 521
pertinent AN has custody of real prop- to 524 of this title] is repealed as of Jan.
erty transferred to it on or after an. 1, 1, 1971.
1940 from the Reconstruction Finance
SUBCHAPTER VI-SELECTION OF ARCHITECTS
AND ENGINEERS
? 541. Definitions
As used in this subchapter
(1) The term "firm" means any individual, firm, partnership, corpo-
ration, association, or other legal entity permitted by law to practice
the professions of architecture or engineering.
(2) The term "agency head" m