FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949. . . WITH ANALYSIS AND INDEX

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP54-00177A000200050199-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 87
• Document Creation Date: December 12, 2016
• Document Release Date: July 3, 2002
• Sequence Number: 199
• Publication Date: October 1, 1949
• Content Type: REPORT

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FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES
ACT OF 1949 . . .
With Analysis and Index
GENERAL SERVICES ADMINISTRATION
JESs LARSON ADMINISTRATOT
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FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949
SHORT TITLE
That this Act may be cited as the "Federal Property and Adminis-
trative Services Act of 1949".
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
See, 3. Definitions.
TIT1 z I-QROANIZATION
Sec. 101. General Services Administration,
Sec. 102. Transfer of affairs of Bureau of Federal Supply.
Sec. 103. Transfer of affairs of the Federal Works Agency.
Sec. 104. Records management : Transfer of the National Archives.
Sec. 105. Transfer for liquidation of the affairs of the War Assets Administration.
Sec. 106. Redistribution of functions.
Sec. 107. Transfer of funds.
Sec. 108. Status of transferred employees.
Sec. 109. General supply fund.
TITLE II-PROPERTY MANAGEMENT
Sec. 201. Procurement, warehousing, and related activities.
Sec. 202. Property utilization.
Sec. 203. Disposal of surplus property.
Sec. 204. Proceeds from transfer and disposition of property.
Sec. 205. Policies, regulations, and delegations.
Sec. 206. Surveys, standardization, and cataloging.
Sec. 207. Applicability of antitrust laws.
Sec. 208. Employment of personnel.
See. 209. Civil remedies and penalties.
See. 210. Reports to Congress.
TITLE III-PROCUREMENT PROCEDURE
Sec. 301. Declaration of purpose.
Sec. 302. Application and procurement methods.
See. 303. Advertising requirements.
Sec. 304. Requirements of negotiated contracts.
Sec. 305. Advance payments.
See. 306. Waiver of liquidated damages.
Sec. 307. Administrative determinations and delegations.
Sec. 308. Statutes continued in effect.
See, 309, Definitions.
Sec. 310. Statutes not applicable.
TITLE IV-FOREIGN EXCESS PROPERTY
Sec. 401. Disposal of foreign excess property.
Sec. 402. Methods and terms of disposal.
Sec. 403. Proceeds ; foreign currencies.
Sec. 404. Miscellaneous provisions.
TITLE V-GENERAL PROVISIONS
Sec. 501. Applicability of existing procedures.
Sec. 502. Repeal and saving provisions.
Sec. 503. Authorization for appropriations.
Sec. 504. Separability.
See. 505. Effective date.
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SEC. 2. It is the intent of the Congress in enacting this legislation to
provide for the Government an economical and efficient system for (a)
the procurement and supply of personal property and nonpersonal
services, including related functions such as contracting, inspection,
storage, issue, specifications, property identification and classification,
transportation and traffic management, management of public utility
services, repairing and converting, establishment of inventory levels,
establishment of forms and procedures, and representation before
Federal and State regulatory bodies; (b) the utilization of available
property; (c) the disposal of surplus property; and (d) records
management.
SECTION-BY-SECTION ANALYSIS'
The bill commences with a short title styled the "Federal Property and Admin-
istrative Services Act of 1949," following which is a table of contents.
Section ."L. Declaration of policy
This is very brief and states the intent of the Congress to provide for the
Government an economic and efficient system for (a) the procurement and supply
of personal property and nonpersonal services and performance ofrelated func-
tions ; (b) the utilization of available property ; (c) the disposal of surplus
property; and (d) records management. Other sections of the bill implement
items (a), (b), and (c) by consolidating the present scattered property functions
and by providing a new uniform charter for property management. Item (d) is
implemented only by the transfer of the National Archives Establishment to the
General Services Administration. Additional legislation will be necessary to
establish an effective system of records management. Such a system, however,
should be built around the National Archives Establishment, and should be
administered in the General Services Administration, so that this transfer is a
logical first step toward its creation.
1 This analysis is composed of a consolidation of the Section by Section Analyses appear-
ing in S. R. No. 475, and H. R. No. 670 and H. R. No. 935, all of the Eighty-first Con-
gress, together with interpretations of the Act which have been approved by the General
Counsel, General Services Administration.
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SEc. 3. As used in this Act-
(a) The term "executive agency" means any executive department
or independent establishment in the executive branch of the Govern-
ment, including any wholly owned Government corporation.
(b) The term "Federal agency" means any executive agency or any
establishment in the legislative or judicial branch of the Government
(except the Senate and the House of Representatives).
(c) The term "Administrator" means the Administrator of General
Services provided for in title I hereof.
(d) The term "property" means any interest in property of any
kind except (1) the public domain and lands reserved or dedicated for
national forest or national park purposes; and (2) naval vessels of
the following categories : Battleships, cruisers, aircraft carriers,
destroyers, and submarines.
(e) The term "excess property" means any property under the con-
trol of any Federal agency which is not required for its needs and the
discharge of its responsibilities, as determined by the head thereof.
(f) The term "foreign excess property" means any excess property
located outside the continental United States, Hawaii, Alaska, Puerto
Rico, and the Virgin Islands.
(g) The term "surplus property" means any excess property not
required for the needs and the discharge of the responsibilities of all
Federal agencies, as determined by the Administrator.
(h) The term "care and handling" includes completing, repairing,
converting, rehabilitating, operating, preserving, protecting, insuring,
packing, storing, handling, conserving, and transporting exces? and
surplus property, and, in the case of property which is dangerous to
public health or safety, destroying or rendering innocuous such
property
(i) The term "person" includes any corporation, partnership, firm,
association, trust, estate, or other entity.
(j) The term "nonpersonal services" means such contractual serv-
ices, other than personal and professional services, as the Adminis-
trator shall designate.
(k) The term "contractor inventory" means (1) any property
acquired by and in the possession of a contractor or subcontractor
under a contract pursuant to the terms of which title is vested in the
Government, and in excess of the amounts needed to complete full
performance under the entire contract; and (2) any property which
the Government is obligated to take over under any type of contract
as a result either of any changes in the specifications or plans there-
under or of the termination of such contract (or subcontract there-
under), prior to completion of the work, for the convenience or at
the option of the Government.
ANALYSIS
Section S. Definitions
Several definitions require special note. "Property" includes all interests in
property except the public domain and the major classes of naval vessels.
"Excess property" means any property under the control of any Federal agency
not required for its needs and responsibilities as determined by the head thereof.
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"Surplus property" means any property which has been declared excess by a
particular Federal agency and which, after a survey of the needs of other
Federal agencies, is determined by the Administrator of General Services no
longer to be required by the Federal Government as a whole. The definition
of "Federal agency" in section 3 (b) excludes the Senate and the House of
Representatives from the definition. Both Houses of Congress are among the
bodies for which the Administrator is to provide procurement and related services,
only upon request, as set out under section 201 (b) ; thus the autonomy of the
Congress is preserved, except insofar as it shall, upon its request, desire to
be included in the procurement and related services,
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TITLE I-ORGANIZATION
CENRRAI, SERVICES ADMINISTRATION
S>C. 101. (a) There is hereby established an agency in the execu-
tive branch of the Government which shall be known as the General
Services Administration.
`(b) There shall be at the head of the General Services Administra-
tion an Administrator of General Services who shall be appointed by
the President by and with the advice and consent of the Senate and
perform his functions subject to the direction and control of the
President.
(c) There shall be in the General Services Administration a Deputy
Administrator of General Services who shall be appointed by the
Administrator of General Services. The Deputy Administrator shall
perform such functions as the Administrator shall designate and shall
be Acting Administrator of General Services during the absence or
disability of the Administrator and, unless the President shall desig-
nate another officer of the Government, in the event of a vacancy in
the office of Administrator.
(d) Pending the first appointment of the Administrator under the
provisions of this section, his functions shall be performed temporarily
by such officer of the Government in office upon or immediately prior
to the taking of effect of the provisions of this Act as the President
shall designate, and such officer while so serving shall receive the
salary fixed for the Administrator.
(e) Pending the effective date of other provisions of law fixing the
rates of compensation of the Administrator, the Deputy Administra-
tor and of the heads and assistant heads of the principal organizational
units of the General Services Administration, and taking into consid-
eration provisions of law governing the compensation of officers hav-
ing comparable responsibilities and duties, the President shall fix for
each of them a rate of compensation which he shall deem to be com-
mensurate with the responsibilities and duties of the respective offices
involved.
The new agency shall be known as the "General Services Administration." It
is desired that the term "Administration" come to be applied only to independent
agencies, that do not have Cabinet status, as in the case of the departments, and
that are not primarily regulatory bodies as is the case with commissions. This
change is effected in harmony with the recognition of the long over-due realine-
ment of elements within the generic governmental term "agency." It is the
beginning of proper, and more fittingly descriptive nomenclature, in governmental
fields.
Section 101. General Services Administration
(a) Establishment of General Services Administration.-This subsection pro-
vides for the establishment in the executive branch of the Government of a
new agency to be known as the General Services Administration.
(b) Administrator of General Services.-This subsection provides that the new
agency shall be headed by a new officer of the Government, entitled "Adminis-
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trator of General Services," to be appointed by the President by and with the
advice and consent of the Senate.
(c) Deputy Administrator.-This subsection provides for a Deputy Adminis-
trator to be appointed by the Administrator. The Deputy Administrator will
perform such functions as the Administrator may designate and be Acting
Administrator during the absence or disability of the Administrator and (unless
the President designates another officer to serve as Administrator) in the event
of a vacancy in that office.
(d) Performance of functions pending first appointment.-This subsection
provides that, pending the first appointment of an Administrator, his functions
shall be performed, temporarily, by such officer as the President shall designate.
In case the incumbent of an abolished office is designated, he will be entitled
to receive compensation during the period of his temporary service.
(c) Compensation of Administrator, Deputy Administrator, heads and assist-
ant heads of the principal organizational units.-This section authorizes the
President to establish the rate of compensation for the Administrator, Deputy
Administrator, the heads and assistant heads of the principal organizational
units, at such rates as he shall deem to be commensurate with their duties and
responsibilities.
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TRANSFER OF AFFAIRS OF BUREAU OF FEDERAL SUPPLY
SEc. 102. (a) The functions of (1) the Bureau of Federal Supply
in the Department of the Treasury, (2) the Director of the Bureau of
Federal Supply, (3) the personnel of such Bureau, and (4) the Secre-
tary of the Treasury, relating to the Bureau of Federal Supply, are
hereby transferred to the Administrator. The records, property, per-
sonnel, obligations, and commitments of the Bureau of Federal. Supply,
together with such additional records, property, and personnel of the
Department of the Treasury as the records,-Property, of the Bureau of the
Budget shall determine to relate primarily to functions transferred by
this section or vested in the Administrator by titles II, III, and V,
of this Act, are hereby transferred to the General Services Adminis-
tration. The Bureau of Federal Supply and the office of Director of
the Bureau of Federal Supply are hereby abolished.
(b) The functions of the Director of Contract Settlement and of the
Office of Contract Settlement, transferred to the Secretary of the
Treasury by Reorganization Plan Numbered 1 of 1947, are transferred
to the Administrator and shall be performed by him or, subject to his
direction and control, by such officers and agencies of the General
Services Administration as he may designate. The Contract Settle-
ment Act Advisory Board created by section 5 of the Contract Settle-
ment Act of 1944 (58 Stat. 649) and the Appeal Board established
under section 13 (d) of that Act are transferred from the Department
of the Treasury to the General Services Administration, but the func-
tions of these Boards shall be performed by them, respectively, under
conditions and limitations prescribed by law. There shall also be
transferred to the General Services Administration such records,
property, personnel, obligations, commitments, and unexpended bal-
ances (available or to be made available) of appropriations, alloca-
tions, and other funds of the Treasury Department as the Director of
the Bureau of the Budget shall determine to relate primarily to the
functions transferred by the provisions of this subsection.
(c) Any other provision of this section notwithstanding, there may
be retained in the Department of the Treasury any function referred
to in subsection (a) of this section which the Director of the Bureau
of the Budget shall, within ten days after the effective date of this Act,
determine to be essential to the orderly administration of the affairs
of the agencies of such Department, other than the Bureau of Federal
Supply, together with such records, property, personnel, obligations,
commitments, and unexpended balances of appropriations, allocations,
and other funds, available or to be made available, of said Department,
as said Director shall determine.
Section 102. Transfer of the Bureau of Federal Supply and contract-settlement
functions to the General Services Administration.
(a) Transfer of the Bureau of Federal Supply.-This subsection provides for
transferring to the General Services Administration the functions, records, and
personnel of the Bureau of Federal Supply, now in the Department of the Treas-
ury, and for vesting in the Administrator of General Services the functions of
Treasury personnel relating to the Bureau of Federal Supply. It also provides
$54574-49-2
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for abolishing the Bureau of Federal Supply, thereby permitting the Administra-
tor of General Services to establish such organization as he deems necessary. The
Bureau of Federal upply has been in the Department of the Treasury since 1933
and exercises centra procurement functions for the executive branch of the Gov-
ernment. Its functions are not essentially related to the primary fiscal and tax
functions of the Department of the Treasury, so that the Bureau may readily be
severed from that Department without impairment of the Department's efficiency.
In the General Services Administration the Bureau will supplement the property-
service functions of that agency and will facilitate more economical property
management In the Government. The functions are transferred to the Admin-
istrator, and records, property, personnel obligations and commitments are trans-
ferred to the Administration. This framework is in accordance with the rec-
ommendations of the Commission on Organization of the Executive Branch of
the Government. Functions of the Secretary of the Treasury, referred to in
clause (4), include all functions vested in him by law but performed by the
Bureau for him under appropriate delegation : For example, stock-piling under the
Strategic and Critical Materials Stock Piling Act (60 Stat. 596) and functions of
over-all supervision and review of the performance of Bureau functions inci-
dental to his position as head of the Department.
(b) Transfer of contract-settlement functions.-this subsection provides for
transfer to the Administrator of General Services of the functions, transferred
to the Secretary of the Treasury a little over 2 years ago, of the Director of
Contract Settlement and the Office of Contract Settlement created by the Contract
Settlement Act of 1944 (58 Stat. 649; 41 U. S. C. 101-125). These functions relate
to the establishment of uniform policies and procedures for the settlement of
terminated war contracts by Government contracting : agencies and, because
of the almost complete liquidation of the contract-termination program, are now
routine and insignificant. Such little work as has been recently required in
connection with this program has been carried on in the Treasury primarily
by the Bureau of Federal Supply. It would be in the interest of good manage-
ment to have this Bureau continue to wind up.that program. This subsection
likewise transfers from the Treasury to the General Services Administration
the Appeal Board and the Contract Settlement Advisory Board also created by
the Contract Settlement Act of 1944. This transfer isfor housekeeping purposes
only. The Secretary of the Treasury does not, nor will the Administrator of
General Services, review decisions of the Appeal Board which will perform its
functions under conditions and limitations prescribed by. law.
(c) Functions retained in the Treasury.-This subsection permits the Bureau
of the Budget to retain in the Treasury Department certain minor functions of
the Bureau of Federal Supply, for example, as to printing, which properly pertain
to the Treasury Department.
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?TRAI)TSFEa OF AFFAIRS OF TIIE FEDERAL WORKS AGENCY
Sc. p103. (a) All functions of the Federal Works Agency and of
all agencies thereof, together with all functions of the Federal Works
Administrator, of the Commissioner of Public Buildings, and of the
Commissioner of Public Roads, are hereby transferred to the Admin-
istrator of General Services. There are hereby transferred to the
General Services Administration. the Public Roads Administration,
which. shall .hereafter be .known as, the Bureau of Public Roads, and
all records, property; personnel, obligations, and commitments of the
Federal Works Agency, including those of all agencies .of the Federal
Works Agency.
NOTL : The Public Roads Administration, together with its functions, personnel,
funds and the functions of the Commissioner of Public Roads, was transferred
to the Department of Commerce by Reorganization Plan No. 7 of 1949, effective
Aug. 20, 1949 (14 F. R. W28).
(b) There are hereby abolished the Federal Works Agency, the
Pubblic Buildin s Administration, the office of Federal Works Admin-
istrator, the office of Commissioner of Public Buildings, and the office
of Assistant Federal Works Administrator.
ANALYSIS
Section 10$. Transfer of affairs of the Federal Works Agency
(a) Transfer of constituents and functions of the Federal Works Agency.-
This subsection transfers to tbq Gener 1 Services Administration the functions,
records, and personnel of (1) the Public Buildings Administration and (2) the
Public Roads Administration (to be known as the Bureau of Public Roads), and
all other functions, records, and personnel of (3) the Federal Works Agency.
The functions of the Federal Works Administrator; the Commissioner of Public
Buildings, and the Commissioner of Public Roads are transferred to the Adminis-
trator of,tleneral Services; thus conforming to the strong recommendation of
the Commission on Government Organization for an integrated organization
with all statutory authority and responsibility vested in the-head of the
organization.
(b) Abolition of Federal Works Agency.-This subsection abolishes the Federal
Works Agency, Public Buildings Administration, Office of the Federal Works
Administrator, Office of the Commissioner of Public Buildings, and the Office of
the Assistant Federal Works Administrator.
r
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SEC. 104. (a) The National Archives Establishment and its func-
tions, records, property, personnel, obligations, and commitments are
hereby transferred to the General Services Administration. There
are transferred to the Administrator (1) the functions of the Archivist
of the United States, except that the Archivist shall continue to be a
member or chairman, as the case may be, of the bodies referred to in
subsection (b) of this section, and (2) the functions of the Director
of the Division of the Federal Register of the National Archives
Establishment. The Archivist of the United States shall hereafter be
appointed by the Administrator.
(b) There are also transferred to the General Services Administra-
tion the following bodies, together with their respective functions and
such funds as are derived from Federal sources: (1) The National
Archives Council and the National Historical Publications Commis-
sion, established by the Act of June 19, 1934 (48 Stat. 1122), (2) the
National Archives Trust Fund Board, established by the Act of July
9, 1941 (55 Stat. 581), (3) the Board of Trustees of the Franklin D.
Roosevelt Library, established by the Joint Resolution of July 18, 1939
(53 Stat. 1062), and (4) the Administrative Committee established
by section 6 of the Act of July 26, 1935 (49 Stat. 501), which shall
hereafter be known as the Administrative Committee of the Federal
Register. The authority of the Administrator under section 106
hereof shall not extend. to the bodies or functions affected by this
subsection.
(c) The Administrator is authorized (1) to make surveys of Gov-
ernment records and records management and disposal practices and
obtain reports thereon from Federal agencies; (2) to promote, in
cooperation with the executive agencies, improved records manage-
ment practices and controls in such agencies, including the central
storage or disposition of records not needed by such agencies for their
current use ; and (3) to report to the Congress and the Director of
the Bureau of the Budget from time to time the results of such
activities.
Section 101g. Records management: Transfer of the National Archives
(a) Transfer of the National Archives establishment.-This subsection trans-
fers to the General Services Administration the functions, records, and personnel
of the National Archives establishment, and to the Administrator of General
Services the functions of the Archivist of the United States (except his member-
ship in the bodies specified in subsection (b) ), and of the Director of the Division
of the Federal Register. The Archivist is to be appointed by the Administrator.
(b) Transfer of National Archives Council and other bodies.-This subsection
transfers to the General Services Administration the National Archives Council,
the National Historical Publications Committee, the National Archives Trust
Fund Board, the Board of Trustees of the Franklin D. Roosevelt Memorial Li-
brary, and the Administration Committee of the Federal Register, and provides
that the authority of the Administrator under section 100 shall not extend to those
bodies or their functions.
(c) Surveys of Government records.-This subsection authorizes the Adminis-
trator to make surveys of Government records, records management, disposal
practices, and obtain reports on records and disposal procedures from Federal
agencies. The Administrator is authorized to promote improvements in records
management, storage, and disposition of records and to report to Congress and to
the Director of the Bureau of the Budget the results of such activities.
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TRANSFER FOR LIQUIDATION OF TIIE AFFAIRS OF THE, WAR ASSETS
ADMINISTRATION
SEC. 105. The functions, records, property, personnel, obligations,
and commitments of the War Assets Administration are hereby trans-
ferred to the General Services Administration. The functions of the
War Assets Administrator are hereby transferred to the Administra-
tor of General Services. The War Assets Administration, the office of
the War Assets Administrator, and the office of Associate War Assets
Administrator are hereby abolished. Personnel now holding appoint-
ments granted under the second sentence of section 5 (b) of the Sur-
plus Property Act of 1944, as amended, may be continued in such posi-
tions or may be appointed to similar positions for such time as the
Administrator may determine.
Section 105. Transfer for liquidation of the affairs of the War Assets Administra-
tion
This section provides for the liquidation of the affairs of the War Assets
Administration as an agency and transfers its remaining functions, and its
records, property, personnel, obligations, and commitments to the General Serv-
ices Administration. It also permits the retention of certain special assistants
and other experts now holding appointments without regard to the provisions of
the civil-service laws and the Classification Act of 1923, as amended, and their
appointment to similar positions.
The retention in employment and the status of other personnel transferred from
War Assets Administration to the General Services Administration will be gov-
erned by applicable provisions of existing law.
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SE, c. 106. The Administrator is hereby authorized, in his discretion,
in order to provide for the efrective accomplishment of the functions
transferred to or vested in him by this Act, and from time.to time, to
regroup, transfer, and distribute any such functions within the Gen-
eral Services Administration. The Administrator is hereby author-
ized to transfer the funds necessary to accomplish said functions and
report such transfers of funds to the Director of the Bureau of the
Budget.
Section 106. Redistribution of functions
Under this section the Administrator of General Services, in order effectively
to perform the functions vested in him under the terms of this Act, is authorized
to regroup and distribute within the Administration functions transferred to or
vested in him by this Act, to make appropriate transfers of funds in connection
therewith, and to report such transfers of funds to the Director of the Bureau
of the Budget.
Such reporting is necessary in order to assure that funds are expended for
the purpose for which they were appropriated, but it is not intended to give the
Director of the Bureau of the Budget veto power over the Administrator so
far as the organization of the Administration is concerned. The authority in
this field should not be divided.
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SEc. 107. (a) All unexpended balances of appropriations, alloca-
tions, or other funds available or to be made available, for the use of
the Bureau of Federal Supply, the War Assets Administration, the
Federal Works Agency, and the National Archives Establishment,
and so much of the other unexpended balances of appropriations, allo-
cations, or other funds of the Department of the Treasury, available
or to be made available, as the Director of the Bureau of the Budget
shall determine to relate primarily to functions transferred to or vested
in the Administrator by the provisions of this Act, shall be transferred
to the General Services Administration for use in connection with the
functions to which such balances relate, respectively.
(b) When other functions are transferred to the General Services
Administration from any Federal agency, under section 201 (a) (2)
or (3), or otherwise under this Act, there shall be transferred such
records, property, personnel, appropriations, allocations, and other
funds of such agency to the General Services Administration as the
Director of the Bureau of the Budget shall determine to relate pri-
marily to the functions so transferred.
Section 107. Transfer of funds
(a) This section transfers to the General Services Administration for activities
under the bill the appropriations, allocations, or other funds available to the
Department of the Treasury, the War Assets Administration, the Federal Works
Agency, and the National Archives establishment for the functions transferred.
(b) Transfer of functions of other agencies.-This subsection provides that
in the event that any other Federal agency, or any of its components, which are
not specifically identified in this bill, are transferred to the General Services
Administration, the functions, records, personnel, and funds of such organizations
shall be transferred to the General Services Administration.
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SEc. 108. Subject to other provisions of this title relating to per-
sonnel, employees transferred by the provisions of this title shall be
deemed to be employees of the General Services Administration and
their reappointment shall not be required by reason of the enactment
of this Act.
Section 108. Status of transferred employees
This section provides that, subject to other provisions of this title relating to
personnel, employees transferred shall be deemed to be employees of the General
Services Administration so as not to require reappointment.
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SEC. 109. (a) There is hereby authorized to be set aside in the
Treasury a special fund which shall be known as the General Supply
Fund. Such fund shall be composed of the assets of the general sup-
ply fund (including any surplus therein) created by section 3 of the
Act of February 27, 1929 (45 Stat. 1342; 41 U. S. C. 7c), and trans-
ferred to the Administrator by section 102 of this Act, and such sums
as may be appropriated thereto, and the fund shall assume all of the
liabilities, obligations, and commitments of the general supply fund
created by such Act of February 27, 1929. The capital of the &eneral
Supply Fund shall be in an amount not greater than $75,000,000. The
General Supply Fund shall be available for use by or under the direc-
tion and control of the Administrator (1) for procuring personal
property (including the purchase from or through the Public Printer
of standard forms and blankbook work for field warehouse issue) and
nonpersonal services for the use of Federal agencies in the proper dis-
charge of their responsibilities, and (2) for paying all elements of
cost of the procurement, handling, and distribution thereof, except
that on and after July 1, 1950, those elements of cost which are deter-
mined by the Administrator with the approval of the Director of the
Bureau of the Budget to be indirect or overhead costs shall not be paid
from the fund.
(b) Payment by requisitioning agencies shall be at prices fixed by
the Administrator. Until July 1, 1950, such prices shall be fixed in
accordance with law and regulations applicable on the date of enact-
ment of this Act to prices fixed by the Director of the Bureau of Fed-
eral Supply. On and after such date such prices shall be fixed at
levels so as to recover so far as practicaile all costs except those which
are determined by the Administrator with the approval of the Director
of the Bureau of the Budget to be indirect or overhead costs. Requi-
sitioning agencies shall pay by advance of funds in all cases where
it is determined by the Administrator that there is insufficient capital
otherwise available in the General Supply Fund. Advances of funds
also may be made by agreement between the requisitioning agencies
and the Administrator. Where an advance of funds is not made,
requisitioning agencies shall promptly reimburse the General Services
Administration on vouchers prepared y the requisitioning agency on
the basis of itemized invoices submitted by the Administrator and
receiving reports evidencing the delivery to the requisitioning agency
of such supplies or services : Provided, That in any case where pay-
ment shall not have been made by the requisitioning agency within
forty-five days after the date of billing by the Administrator, reim-
bursement may be obtained by the Administrator by the issuance of
transfer and counterwarrants supported by itemized invoices.
(c) The General Supply Fund shall be credited with all reimburse-
ments, advances of funds, and refunds or recoveries relating to sup-
plies or services procured through the fund, including the net proceeds
of disposal of surplus supplies procured through the fund and receipts
carriers and others for loss of , or damage to, supplies procured
through the fund; and the same are hereby reappropriated for the
purposes of the fund.
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(d) A special deposit account may be established as a part of the
General Supply Fund with the Treasurer of the United States for use
by the chief disbursing officer or any regional disbursing officer,
Department of the Treasury which may be credited with (1) funds
advanced from the General Wupply Fund account on the books of the
Division of Bookkeeping and Warrants and (2) other funds properly
for credit to the General Supply Fund without being covered into the
Treasury of the United States; and such special deposit account may
be charged with payments properly chargeable to the General Supply
Fund.
(e) The Comptroller General of the United States shall make an
annual audit of the General Supply Fund as of June 30, and there
shall be covered into the United States Treasury as miscellaneous
receipts any surplus found therein, all assets, liabilities, and prior
losses considered, above the amounts transferred or appropriated to
establish and maintain said fund, and the Comptroller General shall
report to the Congress annually the results of the audit, together with
such recommendations as he may have regarding the status and oper-
ations of the fund.
(f) Subject to the requirements of subsections (a) to (e), inclusive,
of this section, the General Supply Fund also may be used for the
procurement of supplies and nonpersonal services authorized to be
acquired by mixed-ownership Government corporations, or by the
municipal government of the District of Columbia, or by a requisi-
tioning non-Federal agency when the function of a Federal agency
authorized to procure for it is. transferred to the General Services
Administration : Provided, That the prices charged by the Adminis-
trator in such cases shall be fixed at levels which he estimates will be
sufficient to recover, in addition to the direct costs of the procurement,
handling, and distribution of such supplies and services, the indirect
and overhead costs that the Administrator determines are allocable
thereto.
Section 109. General supply fund
(a) This subsection reconstitutes the existing general supply fund for use by
or under the direction of the Administrator. It establishes a ceiling on the
capital of the fund and increases the present authorized capital by the amount
of surplus therein at the end of the fiscal year 1949, varying for that fiscal year
the rule that the surplus found in the fund as of June 30 be covered into the
Treasury as miscellaneous receipts. The subsection continues the general pur-
poses for which the fund may be used, providing specifically for its availability
for procuring personal property (including the purchase from or through the
Public Printer of standard forms and blankbook work for field warehouse issue)
and nonpersonal services for the use of Federal agencies in the proper discharge
of their responsibilities, and for paying all elements of cost of the procurement,
handling, and distribution thereof except, effective July 1, 1950, those elements of
cost which are determined to be indirect or overhead costs. The authorizations to
use the fund to procure standard forms and blankbook work from the Public
Printer and to make the fund's facilities available to all Federal agencies should
contribute to the extension of the benefits of centralized procurement to all cases
where such methods are more efficient and economical.
In eliminating the indirect and overhead costs from the costs which may be
charged to the fund, cognizance has been taken of the recommendations of the
Commission on Government Organization that the present surcharge on the
price of commodities purchased centrally be eliminated and that the adminis-
trative costs of the central procurement agency be paid through direct appropri-
ation. The provisions of this subsection are the result of an effort to find a
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practical solution of the problem of the surcharge. It is intended that the
general supply fund be used to pay only those elements of cost directly applicable
to its procurement, handling, and distribution activities, such as the purchase
price and transportation to first storage point of supplies and services ; the cost
of equipment and material used exclusively in the handling, repair, and distri-
bution of supplies; breakage, shrinkage, and other inventory losses; the costs
of personal services of personnel employed in contracting and processing of orders
for and inspecting on receipt of, supplies purchased from the fund; and the cost
of direct labor employed on the warehousing and distribution activities of the
fund. Other costs, such as general supervisory, clerical and accounting costs,
office and miscellaneous equipment and supplies, which are not incurred directly
in connection with the procurement, handling, and distribution of supplies and
services purchased from the fund will, as determined by the Administrator with
the approval of the Director of the Bureau of the Budget, be budgeted and provided
for by direct appropriation.
(b) This subsection provides for the fixing of prices of supplies and services
sold from the General Supply Fund under the laws and regulations now applicable
until July 1, 1950, and thereafter on the basis of recovering only the direct costs
as outlined in connection with subsection (a) above. Reimbursement procedures
are simplified by giving increased scope to the advance payment method of
financing purchases from the fund, and by substantially reducing certain cumber-
some and costly alternative procedures. The revised reimbursement. procedures
give effect, to the fullest extent practicable, to sound accrual accounting princi-
ples so that the books of the purchasing agencies will more accurately reflect the
value of supplies and services actually received, and thus further the program
which is under way to improve accounting throughout the Government. Prompt
processing of reimbursements is essential to the successful operation of the pro-
gram. To insure against undue delay, provision is made for reimbursement of
the fund by transfer and counterwarrant if payment is not made by a requisition-
ing agency within 45 days after billing.
(c) This subsection provides that the general supply fund shall be credited
with all reimbursements, advances, and refunds relating to supplies or services
procured through the fund, including the net proceeds of disposal of surplus prop-
erty of the fund. It substantially reenacts existing law. Since the general
supply fund is a revolving fund, it is appropriate that these moneys be so credited
in the interest of smoothness of its operation and to avoid its depletion.
(d) Under this subsection the most effective utilization of cash resources of
the fund is provided for, by authorizing the establishment of a special deposit
account into which all advances and fund receipts may be deposited, and from
which payments may be made immediately. Under this simplification of the
present collection and disbursement procedures applicable to the fund, cash will
be available for use promptly after collection, without sacrificing any necessary
controls.
(e) This subsection alters the previous requirement that all surplus in the
fund, as determined in the annual audit by the Comptroller General, must be
covered into the Treasury as miscellaneous receipts, by permitting losses incurred
by the fund in prior years, as well as all assets and liabilities, to be considered
in ascertaining the amount of such surplus. This change takes cognizance of the
fact that such prior losses represent impairments of the fund capital, unless made
good from earnings, and also will counteract any tendency to establish prices
at too high a level. Also, there is added the requirement that the Comptroller
General report to the Congress annually the results of the audit. Such reports,
and his recommendations as to the status and operations of the fund, should be
helpful to the Congress in its consideration of supply activities.
(f) This subsection makes the procurement facilities of the fund available to
mixed-ownership Government corporations, to the municipal government of the
District of Columbia, and, in certain cases, to non-Federal agencies, but requires
that prices charged for supplies furnished these agencies shall be fixed at levels
estimated by the Administrator to be sufficient to recover, in addition to the direct
costs, the indirect costs determined by the Administrator to be allocable thereto.
It is contemplated that a minimum of increased work will be entailed by the
different treatment of agencies procuring under this subsection, considering the
provision for cost estimates. The entire amount of reimbursements by such
agencies will be deposited into the fund, subject to annual covering into miscel-
laneous receipts of any surplus which may remain in the fund at the close of the
fiscal year. To the extent applicable, all the other features of subsection (a)
to (e), inclusive, will govern procurements under this subsection.
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TITLE II-PROPERTY MANAGEMENT
PROCUREMENT, WAREHOUSING, AND RELATED AOTIVITIES
SEC. 201. (a) The Administrator shall, in respect of executive agen-
cies, and to the extent that lie determines that so doing is advantageous
to the Government in terms of economy, efficiency, or service, and with
due regard to the program activities of the agencies concerned-
(1) prescribe policies and methods of procurement and supply
of personal property and nonpersonal services, including related
functions such as contracting, inspection, storage, issue, property
identification and classification, transportation and traffic man-
agement, management of public utility services, and repairing
and converting; and
(2) operate, and, after consultation with the executive agencies
affected, consolidate, take over, or arrange for the operation by
any executive agency of warehouses, supply centers, repair shops,
fuel yards, and other similar facilities; and
(3) procure and supply personal property and nonpersonal
services for the use of executive agencies in the proper discharge
of their responsibilities, and perform functions related to procure-
went and supply such as those mentioned above in subparagraph
(1) : Provided, That contracts for public utility services may be
made for periods not exceeding ten years; and
(4) with respect to transportation and other public utility
services for the use of executive agencies, represent such agencies
in negotiations with carriers and other public utilities and in pro-
ceedings involving carriers or other public utilities before Federal
and State regulatory bodies;
Provided, That the Secretary of Defense may from time to time, and
unless the President shall otherwise direct, exempt the National Mili-
tary Establishment 1 from action taken or which may be taken by the
Administrator under clauses (1), (2), (3), and (4) above whenever
he determines such exemption to be in the best interests of national
security.
(b) The Administrator shall as far as practicable provide any of
the services specified in subsection (a) of this section to any other
Federal agency, mixed ownership corporation (as defined in the Gov-
ernment Corporation Control Act), or the District of Columbia, or
the Senate, or the House.of Representatives, upon its request.
(c) In acquiring personal property, any executive agency, under
regulations to be prescribed by the Administrator, may exchange or
sell similar items and may apply the exchange allowance or proceeds
of sale in such cases in whole or in part payment for the property
acquired : Provided, That any transaction carried out under the author-
ity of this subsection shall be evidenced in writing.
ANALYSIS
TITLE II. PROPERTY MANAGEMENT
This title deals with the subject of property management within the United
States.
i Designation changed to Department of Defense by Pub. Law 216, 81st Cong., approved
Aug. 10, 1949.
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Section 201. Procurement, warehousing and related activities
(a) Centralized control.-This subsection authorizes the Administrator of
General Services, where it is advantageous to the Government, to regulate the
policies and methods of executive agencies with respect to the procurement and
supply of personal property and nonpersonal services, including related functions
such as contracting, inspection, storage, issue, property identification and classi-
fication, transportation and traffic management, management of public-utility
services, and repairing and converting. The Administrator may himself procure
such personal property and nonpersonal services and perform such related func-
tions, may consolidate and operate or arrange for the operation of suitable ware-
houses, repair shops, and similar facilities, and may for the use of executive
agencies represent such agencies in negotiations with carriers and other public
utilities, and in proceedings before regulatory bodies involving carriers and other
public utilities. The provisions with respect to traffic management, manage-
ment of public-utility services, and representation are not intended to abrogate
any authority of the Department of Justice with respect to legal proceedings,
are in accordance with the recommendations of the Commission on Organization
of the Executive Branch of the Government and provide clear authority on this
subject.
The Administrator is authorized to negotiate contracts for public-utility serv-
ices, for agencies and departments, where it is deemed advantageous to the Gov-
ernment, for periods in excess of 1 year but not exceeding 10 years. The pur-
pose of this provision is to permit the Government to take advantage of dis-
counts which may he obtained only under contracts for periods of longer than 1
year, particularly under contracts for electric-power requirements.
This authority over procurement matters vested in the Administrator is a re-
statement of authority concurrently exercised by the Bureau of Federal Supply,
except that the control over the purchases of wholly owned Government corpo-
rations is new, and that the relationship with the Department of Defense is
somewhat changed. The Secretary of Defense is authorized, unless the President
shall otherwise direct, to exclude procurement for the Department of Defense
from control of the Administrator where the Secretary deems exclusion in
the best interest of national security. Combat equipment and other items
of peculiar importance to the armed forces could thus readily be excluded by
the Secretary of Defense. At the same time, the Administrator would. be in a
better position to serve the armed forces more fully in meeting their other supply
requirements, and he can appeal to the President if he thinks the Secretary of
Defense has wrongly excluded him from any field. By opinion dated August 3,
1949, the Counsel to the Committee for Development of Areas of Understanding,
between the Department of Defense and General Services Administration held
that the power of exemption vested in the Secretary of Defense by the proviso to
Section 201 (a) is not applicable to protection and maintenance of real property
pending its disposal, which' is governed by Sec. 203, and accordingly, as to such
property in the possession of the Department of Defense, the Administrator may
confer duties upon the Department of Defense with respect thereto regardless
of whether the Department of Defense consents.
(b) Services to the legislative and judicial branches, and mixed-ownership
corporations.-This subsection provides that the Administrator shall, as far as
practicable, upon the request of any agency in the legislative or judicial branches
of the Government, or of any mixed-ownership Government corporation, or of the
District of Columbia, purchase, warehouse, and distribute personal property and
nonpersonal services to meet their needs. Government economy will be furthered
by allowing these organizations, supported in whole or in part by the Federal
Government, to take advantage of savings in procuring supplies which the Ad-
ministrator can provide through the operation of a central procurement system.
It is believed that, with the exceptions provided in the Act, the system of cen-
tralized procurement, strengthened by the statutory support which the Act
provides, will prove its efficiency and economy in the years to come. This does
not mean that every item must be procured by a central agency,.but only that such
an agency must be responsible for determining hqw every item shall be procured,
and for prescribing the manner of procurement which is best under the circum-
stances.
(c) Application of trade-in allowances.-This subsection authorizes executive
agencies to exchange or sell personal property and apply the trade-in allowance
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or proceeds of sale in whole or part payment for property acquired. This is an
expansion of authority given under a number of existing statues to specific agen-
cies or with respect to specific types of property. While these statutes are re-
pealed by section 502 (a) (8) to (28), the language here is intended to be suffi-
ciently broad to preserve all such existing authority. For example, the Depart-
ment of Agriculture may continue, subject, of course, to any regulations of the
Administrator, to exchange publications without monetary appraisal or detailed
listing as it has done in the past under that portion of the act of March 4, 1915
(5 U. S. C. 548), which is repealed by section 502 (a) (14). A proviso in the
Senate bill requiring that items of personal property to be exchanged under this
subsection must be subject to exchange as a general practice in normal trade
channels was eliminated. -
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PROPERTY TSrILTZATION
SEC. 202. (a) In order to minimize expenditures for property, the
Administrator shall prescribe policies, and methods to promote the
maximum utilization executive agencies~ and
he shall provide for the transfer of excess by among Federal
agencies. .inventor
(b) Each executive agency shall (1) maintain adequate y
controls and accountability systems for the property under its control.,
"(2) continuously survey property under its control to determine which
is excess property, and promptly report such property to the Admire-
istrator, (3) perform the care and handling of such excess property,
and (4) transfer or dispose of such prperty as sprompo s as possible
in accordance with authority delegated by the Administrator.
(c) Each executive agency shall, as far as practicable, (1) make
reassignments of property among activities within the agency when
such property is determined to be no longer required for the purposes
of the appropriation from which it was purchased, (2) transfer excess
property under its control to other Federal agencies, and (3) obtain
excess property from other Federal agencies.
(d) Under existing provisions of law and procedures defined by the
Secretary of Defense, and without regard to the requirements of this
section except subsection (f), excess property of one of the depart-
ments of the National Military Establishment may be transferred to
another department thereof.
(e) Transfers of excess property between Federal agencies (except
transfers for redistribution to other Federal agencies or for disposal
as surplus property) shall be at the fair value thereof, as determined
by, or pursuant to regulations of, the Administrator, unless such
transfer is otherwise authorized by any law approved subsequent to
June 21 1944, to be without reimbursement or transfer of funds.
(f) The Director of the Bureau of the Budget shall prescribe regu-
lations providing for the reporting to said Director by executive agen-
cies of such reassignments or transfers of property between activities
financed by different appropriations as he shall deem appropriate, and
the reassignments and transfers so reported shall be reported to the
Congress in the annual budget or otherwise as said Director may
determine.
(g) Whenever the Administrator determines that the temporary
assignment or reassignment of any space in excess real property to
any Federal agency for office, storage, or related facilities would be
more advantageous than the permanent transfer of such property, he
may make such assignment or reassignment for such period of time
as he shall determine and obtain, in the absence of appropriation avail-
able to him therefor, appropriate reimbursement from the using agency
for the expense of maintaining such space.
(h) The Administrator may authorize the abandonment, destruc-
tion, or donation to public bodies of property which has no commercial
value or of which the estimated cost of continued care and handling
would exceed the estimated proceeds from its sale.
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ANALYSIS
Section 202. Property utilization
This section deals with the most important phase of property management,
which is continuing use by the Government of the Government's property.
(a) Over-all direction of Administrator of General Services.--This subsection
fixes upon the Administrator of General Services the over-all responsibility to
prescribe the policies and methods to promote the greatest use in the entire
executive establishment of property which is excess to the needs of one particular
establishment and also to provide for the transfer of such property among
Federal agencies.
(b) Responsibility of executive agencies to survey property.-This subsection
imposes upon each executive agency the responsibility, in the first instance,
(1) to maintain adequate inventory controls and accountability systems for its
property (see also see. 205 (b)), (2) to survey its property continuously to de-
termine which is excess to its needs and promptly report excess property to the
Administrator, (3) to care for such excess property, and (4) transfer or dispose
of such property in accordance with authority delegated and regulations pre-
scribed by the Administrator.
(c) Responsibility of executive agencies to use property.-This subsection
similarly imposes upon each executive agency the responsibility in the first in-
stance, to reassign property among activities within such agency, to transfer its
excess property to other agencies, and to obtain for its use property which is
excess to the needs of other agencies.
(d) Transfer of property within Department of Defense.-This subsection
permits the free transfer of excess property, among the departments of the
Department of Defense under existing provisions of law and procedures defined
by the Secretary of Defense.
(e) Terms for transfer of excess property.-This subsection generally requires
that transfers of excess property between Federal agencies shall be at the fair
value thereof as determined by the Administrator of General Services. Excep-
tions are made in the case of a transfer for general distribution among Federal
agencies or for disposal as surplus property or where such transfer without
reimbursement is otherwise authorized by recent legislations. "Transfers for
redistribution to other Federal agencies" refers to instances where property is
turned over to the Bureau of Federal Supply for redistribution rather than
transferred direct for the use of another agency. When the redistribution occurs
the transfer should be at fair value.
(f) Transfer of property within an agency.-Under this subsection transfers
of property among activities financed by different appropriations to the same
agency must be reported to the Director of the Bureau of the Budget, and, in
turn, reported to the Congress.
(g) Assignment of office and warehouse space.-This subsection clarifies and
strengthens existing law by authorizing the Administrator of General Services
to assign and reassign space in excess real property to any Federal agency for
office, storage, or related facilities. He may obtain reimbursement for such
assignment in the absence of an appropriation available to him therefor. It is
expected that operations under this subsection can and should materially lessen
the present leasing of space for Government use in private office buildings.
(h) Abandonment or donation of property.-This subsection authorizes the
abandonment, destruction, or donation to public bodies of property having no
commercial value, or of which the estimated cost of continued care and handling
would exceed the estimated proceeds from its sale.
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SEC. 203. (a) Except as otherwise provided in this section, the
Administrator shall have supervision and direction over the disposi-
tion 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 prescribed in or pursuant
to this Act.
(b) The care and handling of surplus property, pending its dispo-
sition, and the disposal of surplus property, may be performed by the
General Services Administration or, when so determined by the
Administrator, by the executive agency in possession thereof or by
any other executive agency consenting thereto.
(c) Any executive agency designated or authorized by the Admin-
istrator to dispose of surplus property may do so by sale, exchange,
lease, permit, or transfer, for cash, credit, or other property, with or
without warranty, and upon such other terms and conditions as the
Administrator deems proper, and it may execute such documents for
the transfer of title or other interest in property and take such other
action as it deems necessary or proper to dispose of such property
under the provisions of this title.
(d) A deed, bill of sale, lease, or other instrument executed by or on
behalf of any executive agency purporting to transfer title or any
other interest in surplus property under this title shall be conclusive
evidence of compliance with the provisions of this title insofar as con-
cerns title or other interest of any bona fide grantee or transferee for
value and without notice of lack of such compliance.
(e) Unless the Administrator shall determine that disposal by ad-
vertising will in a given case better protect the public interest, surplus
property disposals may be made without regard to any provision, of
existing law for advertising until 12 o'clock noon, eastern standard
time, December 31, 1950.
(f) Subject to regilations of the Administrator, any executive
agency may authorize any contractor with such agency or subcon-
tractor thereunder to retain or dispose of any contractor inventory.
(g) The Administrator, in formulating policies with respect to the
disposal of surplus agricultural commodities, surplus foods processed
from agricultural commodities, ad surplus cotton or woolen goods,
shall consult with the Secretary of! griculture. Such policies shall be
so formulated as to prevent surplus agricultural commodities, or sur-
plus food processed from agricultural commodities, from being
dumped on the market in a disorderly manner and disrupting the
market prices for agricultural commodities.
(h) Whenever the Secretary of Agriculture determines such action
to be required to assist him in carrying out his responsibilities with
respect to price support or stabilization, the, Administrator shall
transfer without charge to the Department of Agriculture any surplus
agricultural commodities, foods, or cotton or woolen goods to be dis-
posed of. Receipts resulting from disposal by the Department of Agri-
culture under this subsection shall be deposited pursuant to any author-
ity available to the Secretary of Agriculture, except that net proceeds
of any sale of surplus property so transferred shall be credited pur-
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suant to section 204 (b), when applicable. Surplus farm commodities
so transferred shall not be sold, other than for export, in quantities
in excess of, or at prices less than, those applicable with respect to
sales of such commodities by the Commodity Credit Corporation.
(i) The United States Maritime Commission shall dispose of sur-
plus vessels of one thousand five hundred gross tons or more which
the Commission determines to be merchant vessels or capable of con-
version to merchant use, and such vessels shall be disposed of only in
accordance with the provisions of the Merchant Marine Act, 1936,
as amended, and other laws authorizing the sale of such vessels.
(j) (1) Under such regulations as he may prescribe, the Adminis-
trator is authorized in his discretion to donate for educational pur-
poses in the States, Territories, and possessions without cost (except
for costs of care and handling) such equipment, materials, books,
or other supplies under the control of any executive agency as shall
have been determined to be surplus property and which shall have
been determined under paragraph 2 or paragraph 3 of this subsection
to be usable and necessary for educational purposes.
(2) Determination whether such surplus property (except surplus
property donated in conformity with paragraph 3 of this subsection)
is usable and necessary for educational purposes shall be made by the
Federal Security Administrator, who shall allocate such property on
the basis of needs and utilization for transfer by the Administrator
of General Services to tax-supported school systems, schools, colleges,
and universities, and to other nonprofit schools, colleges, and universi-
ties which have been held exempt from taxation under section 101 (6)
of the Internal Revenue Code, or to State departments of education
for distribution to such tax-supported and nonprofit school systems,
schools, colleges, and universities; except that in any State where
another agency is designated by State law for such purpose such
transfer shall be made to said agency for such distribution within the
State.
(3) In the case of surplus property under the control of the
National Military Establishment, the Secretary of Defense shall deter-
mine whether such property is usable and necessary for educational
activities that are of special interest to the armed services, such as
maritime academies or military, naval, Air Force, or Coast Guard
preparatory schools. If such Secretary shall determine that such
property is usable and necessary for such purposes, he shall allocate
it for transfer by the Administrator to such educational activities.
If he shall determine that such property is not usable and necessary
for such purposes, it may be disposed of in accordance with paragraph
2 of this subsection.
(k) (1) Under such regulations as he may prescribe, the Admin-
istrator is authorized, in his discretion, to assign to the Federal
Security Administrator for disposal such surplus real property,
including buildings, fixtures, and equipment situated thereon, as is
recommended by the Federal Security Administrator as being needed
for school, classroom, or other educational use, or for use in the protec-
tion of public health, including research.
(A) Subject to the disapproval of the Administrator within
thirty days after notice to him by the Federal Security Admin-
istrator of a proposed transfer of property for school, class-
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room, or other educational use, the Federal Security Adminis-
trator, through such officers or employees of the Federal Security
Agency as he may designate, may sell or lease such real property,
including buildings, fixtures, and equipment situated thereon, for
educational purposes to the States and their political subdivi-
sions and instrumentalities, and tax-supported educational insti-
taxation under section 101 (6) of
have been held exempt fromo which
the Internal Revenue Code.
(B) Subject to the disapproval of the Administrator within
thirty days after notice to him by the Federal Security Adminis-
trator of a proposed transfer of property for public-health use,
the Federal Security Administrator, through such officers or
employees of the Federal Security Agency as he may designate,
may sell or lease such real property for public-health purposes,
including research, to the States and their political subdivisions
and instrumentalities, and to tax-supported medical institutions,
and to hospitals, or other similar institutions not operated for
profit which have been held exempt from taxation under section
101(6) of the Internal Revenue Code.
( ) In fixing the sale or lease value of property to be disposed
of under subparagraph (A) and subparagraph (B) of this para-
graph, the Federal Security Administrator shall take into consid-
eration any benefit which has accrued or may accrue to the United
States from the use of such property by any such State, political
subdivision, instrumentality, or institution.
(D) "States" as used in this subsection includes the District of
Columbia and the Territories and possessions of the United States.
(2) Subject to the disapproval of the Administrator within thirty
days after notice to him of any action to be taken under this
subsection-
(A) The Federal Security Administrator, through such officers
or employees of the Federal Security Agency as he may designate,
in the case of property transferred pursuant to the Surplus
Property Act of 1944, as amended, and pursuant to this Act,
to States, political subdivisions, and instrumentalities thereof,
and tax-supported and other nonprofit educational institutions for
school, classroom, or other educational use;
(B) the Federal Security Administrator, through such officer
or employees of the Federal Security Agency as he may designate,
in the case of property transferred pursuant to the Surplus
Property Act of 1944, as amended, and pursuant to this Act,
to States, political subdivisions and instrumentalities thereof,
tax-supported medical institutions, and to hospitals and other
similar institutions not operated for profit, for use in the pro-
tection of public health (inclu( . ling research) ;
(C) the Secretary of the Interior, in the case of property trans-
ferred pursuant to the Surplus Property Act of 1944, as amended,
and pursuant to this Act, to States, political subdivisions, and
instrumentalities tb*reof, and municipalities for use as a public
park, public recreational area, or historic monument for the
benefit of the public; or
(D) the Secretary of Defense, in the case of property trans-
ferred pursuant to the Surplus Property Act of 1944, as amended,
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to States, political subdivisions, and tax-supported instrumentali-
ties thereof for use in the training and maintenance of civilian
components of the armed forces,
is authorized and directed-
(i) to determine and enforce compliance with the terms, condi-
tions, reservations, and restrictions contained in any instrument
by which such transfer was made;
(ii) to reform, correct, or amend any such instrument by the
-execution of a corrective, reformative, or amendatory instrument
where necessary to correct such instrument or to conform such
transfer to the requirements of applicable law ; and
(iii) to (I) grant releases from any of the terms, conditions,
reservations, and restrictions contained in, and (II) convey, quit-
claim, or release to the. transferee or other eligible user any right
or interest reserved to the United States by, any instrument by
which such transfer was made, if he determines that the property
so transferred no longer serves the purpose for which it was
transferred, and that such release, conveyance, or quitclaim deed
will not prevent accomplishment of the purpose for which such
property was so transferred : Provided, That any such release,
conveyance, or quitclaim deed may be granted on, or made sub-
ject to, such terms and conditions as he shall deem necessary to
protect or advance the interests of the United States.
(1) The Administrator is authorized to take possession of aban-
doned and other unclaimed property on premises owned or leased by
the Government, to determine when title thereto vested in the United
States, and to utilize, transfer or otherwise dispose of such property.
Former owners of such property upon proper claim filed within three
years from the date of vesting of title in the United States shall be
paid the proceeds realized from the disposition of such. property or,
if the property is used or transferred, the fair value therefor as of
the time title was vested in the United States as determined by the
Administrator, less in either case the costs incident to the care and
handling of such property as determined by the Administrator.
ANALYSIS
Section 203. Disposal of surplus property
(a) Responsibility of General Services Adininistrator.-This subsection pro-
vides that the General Services Administrator shall have supervision and
direction over the disposition of property surplus to the needs of the entire
Government.
(b) Care and handling of surplus property.-This subsection provides that the
care and handling of surplus property pending its disposition, and the dis-
posal of surplus property, may be performed by the General Services Adminis-
tration or any executive agency designated by the Administrator. An agency
other than the one in possession, however, cannot be designated to perform care
and handling or disposal without its consent.
(c) Terms of disposal.-This subsection provides that any agency disposing
of surplus property may do so by sale, exchange, lease, permit, or transfer, for
cash, credit, or other property, with or without warranty, and may execute such
documents for the transfer of the property as may be necessary.
(d) Title of transferees.-This subsection is designed to protect the interest
of bona fide grantees or transferees. It makes instruments purporting to
transfer title or other interest in surplus property under this act, which are
executed by an executive agency, conclusive evidence of compliance with the
provisions of the act in the absence of notice of defects.
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(e) Advertising for bids.-This subsection provides that surplus property
disposals may be made without regard to provisions of existing law for ad-
vertising, unless otherwise determined by the Administrator, until December
31, 1950. Thereafter, advertising and competitive bids will be required in
disposing of such amount of surplus property as is. not sold by that date.
(f) Adjustments for contractor inventories.-This subsection provides that
contractors or subcontractors with executive agencies may be authorized to
retain or dispose of their contractor inventories.
(g) Consultation with Secretary of Agriculture.-This subsection requires
the Administrator to consult with the Secretary of Agriculture in formulating
policies for the disposal of surplus agricultural commodities, surplus food
processed from agricultural commodities, and surplus cotton and woolen goods,
and further requires that such policies shall be formulated to prevent surplus
agricultural commodities or surplus food products from being dumped on the
market in such manner as to disrupt the market prices for agricultural
commodities.
(h) Disposal of agricultural commodities.-This subsection requires the Ad-
ministrator to transfer to the Department of Agriculture without charge, any
surplus agricultural commodities, foods, or cotton or woolen goods, whenevex
the Secretary determines it necessary in carrying out his responsibilities with
respect to price support or stabilization, and further requires that the receipts
from disposals by the Department of Agriculture shall be deposited pursuant
to authority available to the Secretary of Agriculture and the net proceeds of
sales of property so transferred shall be credited pursuant to the provisions
relating to proceeds in section 105 (b). It also provides that, except when
sold for export, surplus farm commodities so transferred may not be sold in
quantities in excess of or at prices less than those relating to such com-
modities when sold by the Commodity Credit Corporation.
(i) Disposal of vessels for merchant use.-This subsection establishes the
United States Maritime Commission as the statutory disposal agency for surplus
vessels of 1,500 gross tons or more, which it determines to be merchant vessels
or capable of conversion to merchant use. Such vessels are to be disposed of
in accordance with the Merchant Marine Act of 1936, as amended, and other
laws relating to the sale of such vessels.
(j) Donations for educational purposes.-This subsection authori es the
Administrator of GeneraleServices, in his discretion, to donate surplus personal
property usable and necessary for educational purposes as determined by the
Federal Security Administrator, who shall allocate such property on the basis
of needs and utilization for transfer by the Administrator of General Services,
either direct or through State departments of education, to tax-supported and
nonprofit school systems, schools, colleges, and universities. Provision is also
made for allocation by the Secretary of Defense, for transfer by the Administrator
to educational activities of special interest to the armed services, such as
maritime academies or military or naval preparatory schools, of surplus property
of the Department of Defense which the Secretary determines to
be usable and necessary for such activities. It is expected that the Federal
Security Administrator will delegate to the United States Commissioner of
Education and Surgeon General of the United States, as the case may be, au-
thority to make determinations and allocations under his general supervision,
and that the Secretary of Defense will similarly delegate to an appropriate
official his authority under this subsection.
By opinion of August 29, 1949, the Counsel to the General Services Adminis-
tration Committee for Disposal of Surplus Property for Educational and Health
Purposes, rather than ela mandatory Oauthor. authority to donate property rforreda ucational nand
health purposes.
(k) Transfers of surplus real property for public use.-(l) Under the Surplus
Property Act of 1944, as amended, surplus real property has been transferred
for public health and educational purposes subject to a public-benefit allowance
to States and political subdivisions thereof and to tax-supported or nonprofit
educational and medical institutions which have been held exempt from taxation
under section 101 (6) of the Internal Revenue Code. This paragraph authorizes
the Administrator in his discretion to assign to the Federal Security Administra-
tor for disposal, subject to disapproval by the Administrator of General Services,
to such organizations surplus real property which has been recommended by the
Federal Security Administrator as being needed for public health and education.
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It further provides that the Federal Security Administrator in fixing the sale or
lease value of such property shall take into consideration any benefit which has
accrued or may accrue to the United States from the use of such property by any
eligible State, political subdivision, instrumentality, or institution.
(2) Under the Surplus Property Act of 1944, as amended, surplus property
has been transferred, and under this act will continue to be transferred, to
States and political subdivisions thereof, and to tax-supported or nonprofit edu-
cational and medical institutions for specified uses, subject to various conditions
and reservations. This paragraph would permit the head of the interested Gov-
ernment agency, subject to disapproval by the General Services Administrator,
to enforce compliance with such terms, conditions, or reservations ; to reform,
correct, or amend the instruments of transfer by which such conditions or reser-
vations are imposed; and to grant releases (including conveyances by quitclaim
deed, in the case of real estate) from such conditions, reservations, and restric-
tions to the original transferee or to another eligible user. Such releases are to
be conditioned upon findings that the property no longer serves the purpose for
which the transfer was made or that release will not prevent accomplishment of
the purpose of such transfer, and upon such other conditions as may be necessary
to protect or advance the interests of the United States.
(1) Abandoned property.-This subsection authorizes the Administrator to
take possession of abandoned and other unclaimed property on Government
premises, to determine when title thereto vested in the United States, and to
utilize transfer or otherwise dispose of such property. Former owners of such
property will have 3 years from the date of vesting of title in the United States
to file claim and if such claim is found proper, are to be paid the proceeds realized
from the disposition of the property, or, if the property is used or transferred, its
fair value as of the time title vested in the United States as determined by
the Administrator, less in either case the costs incident to the care and handling
of such property as determined by the Administrator. It is contemplated that
if such property is utilized or transferred its fair value will be paid by the re-
ceiving agency in line with the provisions of section 202 (e), and that such
amounts and proceeds realized from dispositions will be covered into the Treasury
as miscellaneous receipts pursuant to section 204 (a). Under other authority
in the act appropriations may be made for payment of any claims presented by
the rig~tful owners.
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PROCEEDS FROM TRANSFER OR DISPOSITION OF PROPERTY
SEC. 204. (a) All proceeds under this title from any transfer of
excess property to a Federal agency for its use, or from any sale,
lease, or other disposition of surplus property, shall be covered into
the Treasury as miscellaneous receipts, except as provided in subsec-
tions (b), (c), (d), and (e) of this section.
(b) Where the property transferred or disposed of was acquired by
the use of funds either not appropriated from the general fund of the
Treasury or appropriated therefrom but by law reimbursable from
assessment, tax, or other revenue or recepits, then the net proceeds of
the disposition or transfer shall be credited to the reimbursable fund or
appropriation or paid to the Federal agency which determined such
property to be excess : Provided, That the proceeds shall be credited
to miscellaneous receipts in any case when the agency which deter-
mined the property to be excess shall deem it uneconomical or imprac-
tical to ascertain the amount of net proceeds. As used in this sub-
section, the term "net proceeds of the disposition or transfer" means
the proceeds of the disposition or transfer minus all expenses incurred
for care and handling and disposition or transfer.
(c) Any Federal agency disposing of surplus property under this
title (1) may deposit, in a special account with the Treasurer of the
United States, such amount of the proceeds of such dispositions as it
deems necessary to permit appropriate refunds to purchasers when any
disposition is rescinded or does not become final, or payments for
breach of any warranty, and (2) may withdraw therefrom amounts
so to be refunded or paid, without regard to the origin of the funds
withdrawn.
(d) Where any contract entered into by an executive agency or any
subcontract under such contract authorizes the proceeds of any sale of
property in the custody of the contractor or subcontractor to be cred-
ited to the price or cost of the work covered by such contract or sub-
contract, the proceeds of any such sale shall be credited in accordance
with the contract or subcontract.
(e) Any executive agency entitled to receive cash under any contract
covering the lease, sale or other disposition of surplus property may in
its discretion accept, in lieu of cash, any property determined by the
Munitions Board to be strategic or critical material at the prevailing
market price thereof at the time the cash payment or payments became
or become due.
(f) Where credit has been extended in connection with any disposi-
tion of surplus property under this title or by War Assets Adminis-
tration (or its predecessor agencies) under the Surplus Property Act
of 1944, or where such disposition has been by lease or permit, the
Administrator shall administer and manage such credit, lease, or per-
mit, and any security therefor, and may enforce, adjust, and settle
any right of the Government with respect thereto in such manner and
upon such terms as he deems in the best interest of the Government.
Section 204. Proceeds from transfer or disposition of property
(a) Deposit of proceeds into miscellaneous receipts.-This subsection requires
all proceeds from the transfer of excess property to a Federal agency or from
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the sale, lease, or other disposition of surplus property to be covered into the
Treasury as miscellaneous receipts with the exceptions noted in subsections
(b), (c), and (d).
(b) Crediting of reimbursable funds.-This subsection provides that in cases
where the property was acquired by funds either not appropriated from the
general fund of the Treasury, or appropriated therefrom and by law reimbursable
from assessments, taxes, or other revenues, the net proceeds of the disposition
or transfer of such property shall be credited to the reimbursable fund or appro-
priation or paid to the Federal agency declaring such property excess. It further
provides that the proceeds shall be credited to miscellaneous receipts if the
agency declaring the property excess shall deem it uneconomical or impracticable
to ascertain the amount of net proceeds.
(c) Refunds to purchasers.-This subsection provides that Federal agencies
disposing of surplus property may deposit in a special account with the Treasury
whatever amounts they deem necessary to permit refunds to purchasers when
any disposition is rescinded, or for breaches of warranty, and to withdraw
the amounts so to be refunded or paid. Funds received from any specific con-
tract are not earmarked in the special deposit account, but are commingled
with all other receipts from sales by the Office of the Foreign Liquidation Com-
missioner. The language which provides for withdrawal of "amounts, so to
be refunded or paid, without regard to the origin of the funds withdrawn"
permits refunds to be made from any money remaining in the special deposit
account whether or not the money collected under the particular contract re-
mains in the special deposit account or has been transferred to general fund
revenues as miscellaneous receipts.
(d) Proceeds from contractors' sales.-This subsection recognizes that the
contractual provisions authorizing the proceeds of sales or property to be
credited to price or cost of the work covered by the contract, are controlling and
are not subject to the requirements of the act relating to covering proceeds into
the Treasury as miscellaneous receipts.
(e) Subsection 204 (e) is intended to permit any executive agency to accept
on a projected basis strategic or critical material, as determined by the Muni-
tions Board, in lieu of cash, in payment of amounts due the Government for rent,
interest, or principal installments under leases or sales of surplus property.
The price to be allowed in computing the value of the strategic or critical
material, shall be the prevailing market price thereof at the time the cash
payment or payments become or became-due.
(f) Management of credit and security.-This subsection makes it clear that
the Administrator is authorized to adminster and manage any credit, lease, or
permit, and security therefor, taken in connection with the disposition of surplus
property, and authorizes him to enforce, or suitably adjust, or settle the rights
of the Government with respect thereto, as he considers in the best interests of
the Government.
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POLICIES, REGULATIONS, AND DELEGATIONS
SEC. 205. (a) The President may prescribe such policies and direc-
tives, not inconsistent with the provisions of this Act, as he shall
deem necessary to effectuate the provisions of this Act, which policies
and directives shall govern the Administrator and executive agencies
in carrying out their respective functions hereunder.
(b) The Comptroller General after considering the needs and
requirements of the executive agencies shall prescribe principles and
standards of accounting for property, cooperate with the Adminis-
trator and with the executive agencies in the development of property
accounting systems, and approve such systems when deemed to be ade-
quate and in conformity with prescribed principles and standards.
From time to time the General Accounting Office shall examine such
property accounting systems as are established by the, executive agen-
cies to determine the extent of compliance with prescribed principles
and standards and . approved systems, and the Comptroller General
shall report to the Congress any failure to comply with such principles
and standards or to adequately account for property.
(c) The Administrator shall prescribe such regulations as he deems
necessary to effectuate his functions under this Act, and the head of
each executive agency shall cause to be issued such orders and direc-
tives as such head deems necessary to carry out such regulations.
(d) The Administrator is authorized to delegate and to authorize
successive redelegation of any authority transferred to or vested in
him by this Act (except for the authority to issue regulations on mat-
ters of policy having application to executive agencies, the authority
contained in section 106, and except as otherwise provided in this Act)
to any official in the General Services Administration or to the head
of any other Federal agency.
(e) With respect to- any function transferred to or vested in the
General Services Administration or the Administrator by this Act,
the Administrator may (1) direct the undertaking of its performance
by the General Services Administration or by any constituent organi-
zation therein which he may designate or establish; or (2) designate
and authorize any executive agency to perform such function for
itself; or (3) designate and authorize any other executive agency to
perform such function; or (4) provide for such performance by any
combination of the foregoing methods. Any designation or assign-
ment of functions or delegation of authority to another executive
agency under this section shall be made only with the consent of the
executive agency concerned or upon direction of the President.
(f) When any executive agency (including the General Services
Administration and constituent organizations thereof) is authorized
and directed by the Administrator to carry out any function under
this Act, the Administrator may, with the approval of the Director
of the Bureau of the Budget, provide for the transfer of appropriate
personnel, records, property, and allocated funds of the General
Services Administration, or of such other executive agency as has
theretofore carried out such function, to the executive agency so
authorized and directed.
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(g) The Administrator may establish advisory committees to ad-
vise with him with respect to any function transferred to or vested in
the Administrator by'this Act. The members thereof shall serve
without compensation but shall be entitled to transportation and not
to exceed $25 per diem in lieu of subsistence, as authorized by section
5 of the Act of August 2, 1946 (5 U. S. C. 73b-2), for persons so
serving.
(h) The Administrator shall advise and consult with interested
Federal agencies with a view to obtaining their advice and assistance
in carrying out the purposes of this title.
ANALYSIS
Section 205. Policies, regulations, and delegations
(a) Presidential policies.-By reason of the impact of this legislation upon
all agencies in the executive establishment, this subsection authorizes the Presi-
dent, if he deems it advisable, to prescribe over-all policies and directives which
shall govern the Administrator of Genera] Services and executive agencies in
operations under this act.
(b) Property accounting systems.-This subsection requires the Comptroller
General, after considering the needs and requirements of executive agencies, to
prescribe principles and standards of accounting for property, to cooperate with
the Administrator of General Services and the executive agencies in developing
property accounting systems, to approve satisfactory systems, to examine agency
systems to determine the extent of compliance with principles, standards, and
approved systems, and to report to the Congress cases of failure to comply there-
with or adequately to account for property.
This is more flexible and vests more authority in the operating agencies than
the recent Independent Offices Appropriations Acts, which prohibit the several
agencies there named from installing or maintaining any property accounting
system not prescribed or approved by the Comptroller General. The committee
urges the greatest cooperation between the Comptroller General and other
agencies in order that operating needs and costs may be fully considered. This
section applies to all executive departments and agencies, with the exception, as
provided in section 502 (c), of corporations and agencies subject to the Govern-
ment Corporation Control Act.
(c) Regulations of the Administrator.-This subsection requires the Admin-
istrator to prescribe regulations for the effectuation of his functions under the
act, and also requires the head of each executive agency to issue such orders and
directives as are necessary to carry out such regulations.
(d) Delegations of authority.-Under this subsection the Administrator may
redelegate his authority, excepting, however, the authority to issue policy regula-
tions, the authority to make reorganizations within the General Services Admin-
istration, and as otherwise provided in the act (see sec. 307 (b) ).
(e) Designation of other agencies.-So as to provide the greatest use of existing
personnel and facilities within established agencies, this subsection authorizes
the Administrator- to designate other executive agencies to perform various pro-
curement, utilization, or disposal functions with the proviso that any designation
or assignment of functions or delegation of authority shall be made only with the
consent of the agency concerned or upon direction of the President. This proviso
would not apply to the authority of the Administrator to prescribe regulations
and the duty of agency heads to implement them under subsection (c).
(f) Transfer of personnel and funds.-When any designation is made under
subsection (d) the Administrator may, under this subsection, transfer funds and
personnel to the affected executive agency.
(g) Advisory committees.-This' subsection authorizes the Administrator to
establish advisory committees to advise with him in carrying out his functions.
Experience has demonstrated the value of such committees to Government officers
where Government programs affect closely business and industry. Specific statu-
tory authorization is necessary because of the prohibitions against unauthorized
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boards and commissions in title 31, United States Code, section 673, volume 35,
Statutes at Large, page 1027. Compare also title 5, United States Code, section
83, volume 37, Statutes at Large, page 124, and title 31, United States Code,
section 551, volume 49, Statutes at Large, page 19. Because of the better control
over the membership and activities of these committees which is possible when
they are established pursuant to statute, it would be advisable to provide speci-
fically for such committees even apart from these laws. It is expected by this
committee that membership on these bodies will be drawn, as may be appropriate,
from industry, labor, and the general public.
(h) Consultation with other agencies.-This subsection makes it mandatory
for the Administrator to advise and consult with affected Federal agencies.
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SURVEYS, STANDARDIZATION AND CATALOGING
SEC. 206. (a) As he may deem necessary for the effectuation of his
functions under this title, and after adequate advance notice to the
executive agencies affected, and with due regard to the requirements
of the National Military Establishment as determined by the Secretary
of Defense, the Administrator is authorized (1) to make surveys of
Government property and property management practices and obtain
reports thereon from executive agencies; (2) to cooperate with execu-
tive agencies in the establishment of reasonable inventory levels for
property stocked by them and from time to time report any excessive
stocking to the Congress and to the Director of the Bureau of the
Budget; (3) to establish and maintain such uniform Federal supply
catalog system as may be appropriate to identify and classify persona]
property under the control of Federal agencies : Provided, That the
Administrator and the Secretary of Defense shall coordinate the cata-
loging activities of the General Services Administration and the
National Military Establishment so as to avoid unnecessary duplica-
tion; and (4) to prescribe standardized forms and procedures, except
such as the Comptroller General is authorized by law to prescribe, and
standard purchase specifications.
(b) Each Federal agency shall utilize such uniform Federal supply
catalog system and standard purchase specifications, except as the
Administrator, taking into consideration efficiency, economy, and other
interests of the Government, shall otherwise provide.
(c) The General :Accounting Office shall audit all types of property
accounts and transactions at such times and in such manner as deter-
mined by the Comptroller-General. Such audit shall be conducted as
far as practicable at the place or places where the property or records
of the executive agencies are kept and shall include but not necessarily
be limited to an evaluation of the effectiveness of internal controls and
audits, and a general audit of the discharge of accountability for
Government-owned or controlled property based upon generally
accepted principles of auditing.
ANALYSIS
Section 206. Surveys and standardization
(a) Surveys, supply catalog, and contract forms.-This subsection authorizes
the Administrator to survey Government property and property management
practices, to cooperate with executive agencies in the establishment of reasonable
inventory levels and report excessive stocking to the Congress and the Budget
Bureau, to establish and maintain a uniform Federal supply catalog system, and
to prescribe standardized purchase and contract forms, procedures, and specifica-
tions. Making surveys, requiring reports concerning Government property, and
establishing inventory levels, with due regard for the requirements of agencies
concerned, will obviously promote better supply and property management prac-
tices, and indeed performance of these functions is indispensable if the powers
under sections 201 and 202 are to be effectively exercised. The Administrator's
reports on excessive stocking will enable the Appropriations Committees and
Budget Bureau examiners to make suitable reductions in appropriations and
estimates. By opinion of July 21, 1949, the Counsel to the General Services Ad-
ministration Committee on Policies and Procedures held that the requirement that
the Administrator make surveys of Government property and property manage-
ment practices is not limited to personal property but includes both real and per-
sonal with the exceptions specified. in the definition of the word "property" con-
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tamed in section 3 of the Act. The authority to standardize Government purchase
and contract forms, procedures, and specifications has been in effect and in use
for many years and is demanded by industry to make its relations with Govern-
ment easier. It is confusing and costly, for example, to have a contract with
terms, forms, and conditions for a supply item with one agency differing in mean-
ing and effect from one for the same kind of item with another agency. The
committee expects that the Administrator will receive the full cooperation of
executive agencies in connection with the development and preparation of stand-
ardized forms and standard purchase specifications. Existing control over the
standardization of the Government construction contract forms and leases is
continued in effect by provision in section 502 (b).
A uniform Federal supply catalog system, which identifies and classifies
personal. property under the control of Federal agencies, is essential for a well-
managed Federal supply system so that there may be a common supply language
among all parties to a transaction. The catalog will ultimately mean large
savings to the Government through reducing inventories of parts and supplies.
Without such a catalog, identical items are carried in stock undey different desig-
nations, swelling inventories to needless size. This cannot be avoided until each
item is described, classified, and given a number for identification, so that dupli-
cations can be spotted at once. The disposal of surplus Government personal
property will thus likewise be speeded. Provision is made for coordinating
catalog activities with those of the National Military Establishment.
This subsection makes it clear that the Department of Defense and
the Bureau of Federal Supply will continue to cooperate toward the develop-
ment of a Federal catalog system, as requested by the President, in accordance
with the agreement (appendix A) signed by them. It is the intention of
Congress that the project should be pressed to completion with all possible speed.
(b) Catalog and specifications mandatory.-Due to the savings resulting from
common use of the uniform supply catalog system and of standard purchase
specifications, this subsection requires Federal agencies to use them, when
prescribed by the Administrator, except as he shall. otherwise provide. Thus the
use of the cataloging system is made mandatory by the Federal agencies, and
not merely within the discretion of the head of any such agency or agencies.
(c) Audit of property accounts.-This subsection requires the General Account-
ing Office to audit all types of property accounts and transactions, such audit to
be conducted when practicable at the site of the property or where records of the
executive agencies are kept, and include but not limited to, an evaluation of the
effectiveness of internal controls and audits, and a general audit of the discharge
of the duty to account for property.
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APPLICABILITY OF ANTITRUST LAWS
SEC. 207. Whenever any executive agency shall begin negotiations
for the disposition to private interests of a plant or plants, or other
property, which cost the Government $1,000,000 or more, or of patents,
processes, techniques, or inventions, irrespective of cost, the executive
agency shall promptly notify the Attorney General of the proposed
disposal and the probable terms or conditions thereof. Within a
reasonable time, in no event to exceed sixty days after receiving such
notification, the Attorney General shall advise the Administrator and
the interested executive agency whether, insofar as he can determine,
the proposed disposition would tend to create or maintain a situation
inconsistent with the antitrust laws. Upon the request of the Attorney
General, the Administrator or interested executive agency shall fur-
nish or cause to be furnished such information as it may possess which
the Attorney General determines to be appropriate or necessary to
enable him to give the advice called for by this section or to determine
whether any other disposition or proposed disposition of surplus
property violates the antitrust laws. Nothing in this Act shall
impair, amend, or modify the antitrust laws or limit and prevent their
application to persons who buy or otherwise acquire property under
the provisions of this Act. As used in this section the term "antitrust
laws" includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as
amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as
amended; the Federal Trade Commission Act (38 Stat. 717), as
amended; and sections 73 and 74 of the Act of August 27, 1894
(28 Stat. 570), as amended.
ANALYSIS
Section 207. Applicability of antitrust laws
This section requires any executive agency in beginning negotiations for the
disposal of any plant or other property costing $1,000,000 or more to seek advice
of the Attorney General, and it shall be the duty of the Attorney General to
advise the executive agency whether the proposed disposition of the property
would tend to create or maintain a situation inconsistent with the antitrust laws.
The executive agency must assist the Attorney General by furnishing him any
requisite information it may possess essential to the Attorney General's determi-
nation. This section also provides that nothing in the act shall modify or limit
the applicability of the antitrust laws to persons who acquire property under the
provisions of the act.
In one respect the section is broader than a similar provision in the Surplus
Property Act of 1944. It requires a determination by the Attorney General as to
whether the proposed disposal would tend to create or maintain a situation in-
consistent with the antitrust laws, while under existing law the determination is
whether the proposed disposition will violate the antitrust laws.
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SEC. 208. (a) The Administrator is authorized, subject to the civil-
service and classification laws, to appoint and fix the compensation of
such personnel as may be necessary to carry out the provisions of titles
I, II, III, and V of this Act.
(b) To such extent as he finds necessary to carry out the provisions
of titles .I, II, III, and V of this Act, the Administrator is hereby
authorized to procure the temporary (not in excess of one year) or
intermittent services of experts or consultants or organizations thereof,
including stenographic reporting services, by contract or appointment,
and in such cases such service shall be without regard to the civil-
service and classification laws, and, except in the case of stenographic
reporting services by organizations, without regard to section 3709,
Revised Statutes, as amended (41 U. S. C. 5)
(c) Notwithstanding the provisions of section 1222 of the Revised
Statutes (10 U. S. C. 576) or of any other provision of law, the
Administrator in carrying out the functions imposed upon him by this
Act is authorized to utilize in his agency the services of officials,
officers, and other personnel in other executive agencies, including
personnel of the armed services, with the consent of the head of the
agency concerned.
Section 208, Employment of personnel
(a) Civil-service laws.-Employment of personnel is required by this subsection
to be subject to the civil-service and classification laws.
(b) Consultants.-As an exception to the foregoing, this subsection grants
to the Administrator limited authority to procure the temporary service of experts
and consultants.
(c) Officers of other agencies.-The principal purpose of this subsection is
to authorize the Administrator to utilize commissioned officers in the armed
services with the consent of the head of the agency concerned.
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SEC. 209. (a) Where any property is transferred or disposed of in
accordance with this Act and any regulations prescribed hereunder,
no officer or employee of the Government shall (1) be liable with respect
to such transfer or disposition except for his own fraud, or (2) be
accountable for the collection of any purchase price for such property
which is determined to be uncollectible by the Federal agency respon-
sible therefor.
(b) Every person who shall use or engage in, or cause to be used or
engaged in, or enter into an agreement, combination, or conspiracy to
use or engage in or to cause to be used or engaged in, any fraudulent
trick, scheme, or device, for the purpose of securing or obtaining, or
aiding to secure or obtain, for any person any payment, property, or
other benefits from the United States or any Federal agency in con-
nection with the procurement, transfer, or disposition of property
hereunder-
(1) shall pay to the United States the sum of $2,000 for each
such act, and double the amount of any damage which the United
States may have sustained by reason thereof, together with the
cost of suit; or
(2) shall, if the United States shall so elect, pay to the United.
States, as liquidated damages, a sum equal to twice the considera-
tion agreed to be given by the United States or any Federal agency
to such person or by such person to the United States or any
Federal agency, as the case may be; or
(3) shall, if the United States shall so elect, restore to the
United States the money or property thus secured and obtained
and the United States shall retain as liquidated damages any
property, money, or other consideration given to the United States
or any Federal agency for such money or property, as the case
may be.
(c) The several district courts of the United States, the District
Court of the United States for the District of Columbia, and the
several district courts of the Territories and possessions of the United
States, within whose jurisdictional limits the person, or persons, doing
or committing such act, or any one of them, resides or shall be found,
shall wheresoever such act may have been done or committed, have
full power and jurisdiction to hear, try, and determine such suit, and
such person or persons as are not inhabitants of or found within the
district in which suit is brought may be brought in by order of the
court to be served personally or by publication or in such other
reasonable manner as the court may direct.
(d) The civil remedies provided in this section shall be in addition
to all other criminal penalties and civil remedies provided by law.
ANALYSIS
Section 209. Civil remedies and penalties
(a) Liability of Government employees.-This subsection exempts officers and
employees of the Government disposing of property undex this act from liability
with respect to such disposition, except for their own fraud, and from liability
for the collection of any purchase price determined to be uncollectible. This
provision is necessary because of the wide discretion which must be permitted
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39
persons charged with disposition under circumstances calling for swift action,
and the tremendous volume of property covered by the act.
(b) Civil penalties for fraud.-This subsection deals with the civil liability of
persons who engage in false, fraudulent, or fictitious activities or conceal or
misrepresent material facts, or act with intent to defraud the United States, or
who enter into an agreement or conspiracy, or cause other persons to do any of
the foregoing. The United States is given Lite option of selecting among three
different measures of damages-
1. Any person engaged in such activities can be sued for the sum of $2,000
for each such act, plus twice the amount of the damage sustained by the
United States, plus the cost of suit.
2. The United States may recover from such person the amount of con-
sideration paid by it to such person, or twice the amount of consideration
which such person agreed to give the United States.
3. The United States may keep the property acquired by reason of the
above-described fraud, plus the consideration given to it for that property.
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REPORTS TO CONGRESS
SEC. 210. The Administrator shall submit a report to the Congress,
in January of each year and at such other times as he may deem it
desirable, regarding the administration of his functions under this
Act, together with such recommendations for amendments to this Act
as he may deem appropriate as the result of the administration of
such functions, at which time lie shall also cite the laws becoming
obsolete by reason of passage or operation of the provisions of this Act.
Section 210. Reports to Congress
This section requires the Administrator to submit to Congress in January of
each year, and at such other times as he may deem it desirable, a report regarding
the administration of his functions under the act, together with any recommen-
dations for amendments which he may deem appropriate and a citation of laws
becoming obsolete by reason of the passage or operation of the act.
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SEC. 301. The purpose of this title is to facilitate the procurement of
supplies and services.
This title follows in structure, and is identical in language with, the Armed
Services Procurement Act, with a few appropriate changes and omissions.
Section 301. Declaration of purpose
This section states that the purpose of title III is to facilitate the procurement
of supplies and services.
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42
APPLICATION AND PROCUREMENT METHODS
SEC. 302. (a) The provisions of this title shall be applicable to
purchases and contracts for supplies or services made-
(1) by the General Services Administration for the use of
such agency or otherwise ; and
(2) by any other executive agency (except any agency named
in section 2 (a) of the Armed Services Procurement Act of 1947),
to the extent of and in conformity with authority delegated by
the Administrator pursuant to the provisions of this subsection.
The Administrator may delegate to the head of any other such agency
authority to make purchases and contracts for supplies or services
pursuant to the provisions of this title (A) for the use of two or
more executive agencies or (B) in other cases upon a determination
by the Administrator that by reason of circumstances set forth in
such determination such delegation is advantageous to the Govern-
ment in terms of economy, efficiency, or national security. Notice
of every such delegation of authority so made shall be furnished to
the General Accounting Office.
(b) It is the declared policy of the Congress that a fair propor-
tion of the total purchases and contracts for supplies and services for
the Government shall be placed with small-business concerns. When-
ever it is proposed to make a contract or purchase in excess of $10,000
by negotiation and without advertising, pursuant to the authority of
paragraph (7) or (8) of section 302 (c) of this title, suitable advance
publicity, as determined by the agency head with due regard to the
type of supplies involved and other relevant considerations, shall be
given for a period of at least fifteen days, wherever practicable, as
determined by the agency head.
(c) All purchases and contracts for supplies and services shall be
made by advertising, as provided in section 30B, except that such pur-
chases and contracts may be negotiated by the agency head without
advertising if-
(1) determined to be necessary in the public interest during the
period of a national emergency declared by the President or by the
Congress ;
(2) the public exigency will not admit of the delay incident to
advertising;
(3) the aggregate amount involved does not exceed $1,000:
Provided, That no agency other than the General Services Admin-
istration shall make any purchase of, or contract for, supplies or
services in excess of $500 under this paragraph except in the
exercise of authority conferred by the Administrator to procure
and furnish supplies and services for the use of two or more
executive agencies;
(4 for personal or professional services;
(5) for any service to be rendered by any university, college, or
other educational institution;
(6) the supplies or services are to be procured and used outside
the limits of the United States and its possessions;
(7) for medicines or medical supplies;
(8) for supplies purchased for authorized resale;
9) for supplies or services for which it is impracticable to
secure competition ;
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10) the agency head determines that the purchase or contract
is For experimental, developmental, or research work, or for the
manufacture or furnishing of supplies for experimentation, devel-
opment, research, or test : Provided, That beginning six months
after the effective date of this title and at the end of each six-month
period thereafter, there shall be furnished to the Congress a report
setting forth the name of each contractor with whom a contract
has been entered into pursuant to this paragraph (10) since the
date of the last such report, the amount of the contract, and, with
due consideration given to the national security, a description of
the work required to be performed thereunder ;
(11) for supplies or services as to which the agency head deter,
mines that the character, ingredients,. or components thereof arQ
such that the purchase or contract should not be publicly disclosed
(12) ?for equipment which the agency head determines to be
technical equipment, and as to which he determines that the pro
curement thereof without advertising is necessary in special situ-
ations or in particular localities in order to assure standardization
of equipment and interchangeability of parts and that such stand-
ardization and interchangeability is necessary in the public
interest;
(13) for supplies or services as to which the agency head
determines that bid prices after advertising therefor are not
reasonable (either as to all or as to some part of the requirements)
or have not been independently arrived at in open competition :
Provided, That no negotiated purchase or contract may be entered
into under this paragraph after the rejection of all or some of
the bids received unless (A) notification of the intention to nego-
tiate and reasonable opportunity to negotiate shall have been
given by the agency head to each responsible bidder and (B) the
negotiated price is the lowest negotiated price offered by any
responsible supplier; or
(14) otherwise authorized by law.
(d) If in the opinion of the agency head bids received after adver-
tising evidence any violation of the antitrust laws he shall refer such
bids to the Attorney General for appropriate action.
(e) This section shall not be construed to (A) authorize the erec-
tion, repair, or furnishing of any public building or public improve-
ment, but such authorization shall be required in the same manner
as heretofore, or (B) permit any contract for the construction or
repair of buildings, roads, sidewalks, sewers, mains, or similar items to
be negotiated without advertising as required by section 303, unless
such contract is to be performed outside the continental United States
or unless negotiation of such contract is authorized by the provisions
of paragraph (1), (2), (3), (9), (10), (11), or (13) of subsection
(c) of this section.
Section 302. Application and procurement methods
(a) This subsection makes the provisions of title III applicable to purchases
and contracts for supplies or services made by the General Services Adminis-
tration either for its own use or otherwise, including centralized procurement.
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By delegation the Administrator may authorize any other civilian executive
agency to use the procedure set forth in title III when such agency is designated
to perform a central procurement function. In addition, authority to use the
procedures set forth in title III may be delegated by the Administrator to another
civilian executive agency in other cases where the Administrator determines
that such delegation is advantageous to the Government in terms of economy,
efficiency, or national security. It is required that the Administrator's determina-
tion in such other cases set forth the circumstances upon which the determination
is based. The terms "economy" and "efficiency" will be broad enough to cover
cases where authority is delegated to negotiate contracts under 302 (c) (5) and
302 (c) (10) of this title. This title does not confer upon any civilian executive
agency any vested right to receive such delegation. It is expected that such
power of delegation will not be exercised indiscriminately but rather will be
used with care and discretion. It is also expected that the Administrator will
make periodic reviews to determine whether the authority so delegated has been
properly used, and that he will either take such action as may be necessary to
correct any misuse or will withdraw the delegation. After the Administrator
has made such delegation he shall give notice thereof to the General Accounting
Office.
(b) This subsection states the policy that a fair proportion of the total pur-
chases and contracts shall be placed with small business concerns and further
provides that notice of intent to negotiate shall be published in certain cases.
(o) Initially, this subsection reaffirms the basic principle that purchases and
contracts shall be made by advertising. Negotiation is made permissible in cer-
tain excepted cases, however, to provide flexibility in Government procurement.
(1) This paragraph would permit automatic and immediate transition from
more rigid peacetime advertising procedures to a completely flexible system if
the President or the Congress declares the existence of a national emergency.
(2) This provision is an adaptation of a portion of section 3709 of the Revised
Statutes as amended by section 9 (a) of the act of August 2, 1946 (60 Stat. 809;
41 U. S. C. 5). Whenever urgency requires an immediate purchase this exception
would be available irrespective of whether the emergency could or should have
been foreseen.
(3) This paragraph extends to the General Services Administration the power
to negotiate if the aggregate amount involved does not exceed $1,000. However,
no delegation of such authority may be made to other executive agencies under
this paragraph for purchases or contracts for supplies or services in excess of
$500 unless such purchasing or contracting is for centralized procurement.
(4) The provision permitting negotiation for personal or professional services
is an adaptation of the exception from advertising provided by section 3709
of the Revised Statutes, as amended, hereinabove referred to.
(5) This paragraph would permit negotiation of contracts for technical assist-
ance, expert study, and the application of specialized knowledge to be performed
by any university, college, or other educational institution. This would cover
matters which might not clearly qualify as experimental, developmental, or re-
search work under paragraph (10) of this section.
(6) Under this paragraph if supplies or services are to be procured and used
outside the limits of the United States and its possessions the contracts or pur-
chases may be negotiated. In such cases it is frequently impracticable or un-
economical to advertise.
(7) Due to the technical nature, special characteristics, and differing qual-
ities of medicines and medical supplies it is sometimes extremely difficult if not
impossible to describe adequately in detailed specifications the exact character-
istics of qualities needed. In such cases the need for negotiation is clear.
(8) Where supplies are purchased for authorized resale, the purchasing agency
mpst accommodate the brand preference or the quality preference of the organ-
ization requesting the purchase. This paragraph therefore provides authority
to negotiate such purchases.
(9) This paragraph provides for negotiation where it is impracticable to se-
cure competition and places upon the agency concerned the maximum respon-
sibility for.decisions as to when it is impracticable. It is intended that this
paragraph should be construed liberally.
(10) The very nature of a research and development contract does not or-
dinarily lend itself to formal advertising. This paragraph therefore provides
that contracts for experimental, developmental, or research work or for the
manufacture or furnishing of supplies for experimentation, development, re-
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search, or test may be negotiated and provides also for periodic reports to the
Congress of action taken under this paragraph.
(11) It is provided that in cases where the purchase or contract should not
be publicly disclosed negotiation may be employed. In such cases public dis-
closure through advertising would clearly be adverse to the interests of tjie
Government.
(12) This paragraph permits negotiation of contracts for technical equipment
in order to assure standardization of equipment and interchangeability of parts
when such standardization and interchangeability is necessary in the public in-
terest. It is intended that this authority should be used in special situations or
in particular localities and such provision has been therefore added to the lan-
guage as it appears in section 2 (c) (13) of the Armed Services Procurement Act
of 1947. The paragraph would protect in every way possible the principles of
competition and antimonopoly consistent with the occasional need for such stand-
ardization, and. section 307 (b) of this title provides that the agency head may
not delegate his responsibility for making any of the determinations required un-
der this paragraph.
(13) Permits negotiation for supplies or services when it is determined that
bid prices after advertising are not reasonable either as to all or some part of
the requirements or have not been independently arrived at in open competition.
It is designed to cope with cases including those where all bids received are too
high, although not actually identical or apparently collusive. The committee be-
lieves that this paragraph will be most useful to break collusive bidding, follow-
the-leader pricing, rotated low bids, identical bids requiring drawing of lots, uni-
form estimating systems, refusal to classify the Government as other than a retail
buyer regardless of the quantity purchased, and similar other practices. Notifica-
tion of the intention to negotiate after such advertising and reasonable oppor-
tunity to negotiate must be given to each responsible bidder and also the nego-
tiated price must be the lowest negotiated price offered by any responsible sup-
plier. This paragraph is a modification of paragraph 2 (c) (15) of the Armed
Services Procurement Act of 1947. The modification will remove a restriction
which in cases such as sudden upward market fluctuations might make it impos-
sible to secure the needed supplies.
(14) This provision would preserve the authority to negotiate contracts con-
ferred by other permanent legislation; for example, the Strategic and Critical
Materials Stock Piling Act (60 Stat. 596; 50 U. S. C. 9S-9Sh). This paragraph
also has the effect of permitting negotiation under any relevant law which may
be subsequently enacted whether said law is general or special legislation.
(d) The immediate furnishing of evidence of possible violations of the anti-
trust laws to the Department of Justice as required by this subsection will facili-
tate appropriate action where violations exist and will have a valuable moral
effect on bidders. Compliance with this paragraph is not to be construed, how-
ever, as a condition precedent before exercise of the authority conferred by this
title.
(e) For clarity this subsection provides that section 302 does not authorize or
change the existing requirements for authorization for the erection or repair of
buildings, roads, sidewalks, or similar items.
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ADVERTISING REQUIREMENTS
SEC. 303. Whenever advertising is required-
(a) The advertisement for bids shall be made a sufficient time pre-
vious to the purchase or contract, and specifications and invitations for
bids shall permit such full and free. competition as is consistent with
the procurement of types of supplies and services necessary to meet
the requirements of the agency concerned. .
(b) All bids shall be publicly opened at the time and place stated
in the advertisement. Award shall be made with reasonable prompt-
ness by written notice to that responsible bidder whose bid, conform-
ing to the invitation for bids, will be most advantageous to the Govern-
ment, price and other factors considered : Provided, That all bids may
be rejected when the agency head determines that it is in the public
interest so to do.
ANALYSIS
Section 303. Advertising requirements
(a) This section would establish broad standards for advertising, reserving
appropriate discretion in the agency. It is considered both unnecessary and un-
wise to prescribe detailed and restrictive requirements, and it is believed that
such matters should be left to be dealt with by regulation. This section pro-
vides that advertising shall be so conducted as to secure such full and free
competition as is consistent with the procurement of types of supplies and services
needed.
(b) This subsection provides for the public opening of bids and reaffirms the
principles that the award shall be made to the responsible bidder whose bid is
most advantageous to the Government, price and other factors considered, and
that the Government may reject all bids-when such action is deemed advisable.
The question as to whether a particular bidder is a responsible bidder requires
sound business judgment and involves evaluation of the bidder's experience, facili-
ties, technical organization, reputation, financial resources, and other factors and
a broad discretion is accordingly reserved to the agency with respect to the mak-
ing of such determination.
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REQUIREMENTS OF NEGOTIATED CONTRACTS
SEC. 304. (a) Except as provided in subsection (b) of this section,
contracts negotiated pursuant to section 302 (c) may be of any type
which in the opinion of the agency head will promote the best interests
of the Government. Every contract negotiated pursuant to section
302 (c) shall contain a suitable warranty, as determined by the agency
head, by the contractor that no person or selling agency has been
employed or retained to solicit or secure such contract upon an agree-
ment or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the contractor for the
purpose of securing business, for the breach or violation of which
warranty the Government shall have the right to annul such contract
without liability or in its discretion to deduct from the contract price
or consideration the full amount of such commission, percentage,
brokerage, or contingent fee.
(b) The cost-plus-a-percentage-of-cost system of contracting shall
not be used, and in the case of a cost-plus-a-fixed-fee contract the fee
shall not exceed 10 per centum of the estimated cost of the contract,
exclusive of the fee, as determined by the agency head at the time of
entering into such contract (except that a fee not in excess of 15 per
centum of such estimated cost is authorized in any such contract for
experimental, developmental, or research work and that a fee inclusive
of the contractor's costs and not in excess of 6 per centum of the esti-
mated cost, -exclusive of fees, as determined by the agency head at the
time of entering into the contract, of the project to which such fee is
applicable is authorized in contracts for architectural or engineering
services relating to any public works or utility project). Neither a
cost nor a cost-plus-a-fixed-fce contract nor an incentive-type contract
shall be used unless the agency head determines that such method of
contracting is likely to be less costly than other methods or that it is
impractical to secure supplies or services of the kind or quality
required without the use of a cost or cost-plus-a-fixed-fee contract or
an incentive-type contract. All. cost and cost-plus-a-fixed-fee con-
tracts shall provide for advance notification by the contractor to the
procuring agency of any subcontract thereunder on a cost-plus-a-
fixed-fee basis and of any fixed-price subcontract or purchase order
which exceeds in dollar amount either $25,000 or 5 per centum of the
total estimated cost of the prime contract; and a procuring agency,
through any authorized representative thereof, shall have the right
to inspect the plans and to audit the books and records of any prime
contractor or subcontractor engaged in the performapce of a cost or
cost-plus-a-fixed-fee contract.
Section 304. Requirements of negotiated contracts
(a) The right to use the most suitable type of contract is a necessary and
inseparable adjunct to the right to negotiate and this subsection therefore
permits negotiated contracts to be of any type which in the opinion of the
agency head will promote the best interests of the Government, except as pro-
vided in subsection (b). Authority to negotiate contracts in the first instance
carries with it equal authority to negotiate subsequent changes in the terms of
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negotiated contracts, and such amendments may also be of such type as the
agency head believes will promote the best interests of the Government. This
subsection also provides that every negotiated contract shall contain a suitable,
warranty against contingent fees.
(b) This subsection prohibits the cost-plus-a-pereentage?of-cost system of con-
tracting and prescribes maximum fees in connection with cost-plus-a-fixed-fee.
contracts. Neither a cost nor a cost-plus-a-fixed-fee contract nor an incentive
type contract may be used unless it is determined that such method is likely
to be less costly than other methods or, that it is impracticable to secure supplie
or services of the kind or quality witllnnt the use of such type of contract.,
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SEc. 305. (a) The agency head may make advance payments under
.negotiated contracts heretofore or hereafter executed in any amount
not exceeding the contract price upon such terms as the parties shall
agree : Provided, That advance payments shall be made only upon
adequate security and if the agency head determines that provision
for such advance payments is in the public interest or in the interest
of the national defense and is necessary and appropriate in order
to procure required supplies or services under the contract.
(b) The terms governing advance payments may include as secu-
rity provision for, and upon inclusion of such provision there shall
thereby be created, a lien in favor of the Government, paramount
to all other liens, upon the supplies contracted for, upon the credit
balance in any special account in which such payments may be depos-
ited and upon such of the material and other property acquired for
performance of the contract as the parties shall agree.
Section 305. Advance payments
(a) This section permits the agency head to make advance payments under
negotiated contracts upon adequate security if the agency head determines such
payments to be in the public interest or in the interest of the national defense and
necessary and appropriate in order to procure the required supplies or services.
.This authority is essential in periods of emergency and in peacetime it is often
the only way in which it can be made possible for a small-business concern to
handle Government contracts. Often institutions of learning, research labora-
tories, inventors, and similar contractors who perform most of the experimental,
research, and developmental contracts need advance payments because they do
not have sufficient funds to finance or are unwilling to finance such contracts
completely out of their own resources. The power to make advance payments is
permissive only, and under section 307 (b) of this title may not be delegated by
the agency head. The committee expects the civilian agencies to be very sparing
in the making of advance payments in normal times and to use the authority,
even in times of national emergency, only when it is thoroughly justified.
(b) The additional form of security by way of lien which is provided for by
this subsection is a permissive feature which may be very useful, especially in the
event that a joint bank account, a controlled account, or a special bank account
is established in connection with an advance payment.
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WAIVER OF LIQUIDATED DAMAGES
SEC. 306. Whenever any contract made on behalf of the Government
by the agency head or by officers authorized by him so to do includes
a provision for liquidated damages for delay, the Comptroller General
on the recommendation of the agency head is authorized and empow-
ered to remit the whole or any part of such damages as in his discretion
may be just and equitable.
Section 306. Waiver of liquidated damages
This section permits the Comptroller General, in his discretion, upon proper
recommendation by the agency concerned, to remit sums due the Government
under contract terms providing for the assessment of liquidated damages for a
delay in performance. This will permit the Comptroller General to meet those
situations in which the strict application of the liquidated damages provisions
would be inequitable either in whole or in part and regardless of whether timely
notice is given with respect to the delay.
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SEC. 307. (a) The determinations and decisions provided in this
title to be made by the Administrator or other agency head may be
made with respect to individual purchases and contracts or with re-
spect to classes of purchases or contracts, and shall be final. Except
as provided in subsection (b) of this section, the agency head is au-
thorized to delegate his powers provided by this title, including the
making of such determinations and decisions, in his discretion and sub-
ject to his direction, to any other officer or officers or officials of the
agency.
(b) The power of the agency head to make the determinations or
decisions specified in paragraphs (11) and (12) of section 302 (c) and
in section 305 (a) shall not be delegable, and the power to make the
determinations or decisions specified in paragraph (10) of section
302 (c) shall be delegable only to a chief officer responsible for pro-
curement and only with respect to contracts which will not require the
expenditure of more than $25,000. The power of the Administrator
to make the delegations and determinations specified in section 302 (a)
shall be delegable only to the Deputy Administrator or to the chief
official of any principal organizational unit of the General Services
Administration.
(c) Each determination or decision required by paragraphs (10),
(11), (12), or (13) of section 302 (c), by section 304 or by section
305 (a) shall be based upon written findings made by the official
making such determination, which findings shall be final and shall
be available within the agency for a period of at least six.years follow-
ing the date of the determination. A copy of the findings shall be
submitted to the General Accounting Office with the contract.
(d) In any case where any purchase or contract is negotiated pur-
suant to the provisions of section 302 (c), except in a case covered by
paragraphs (2), (3), (4), (5), or (6) thereof, the data with respect
to the negotiation shall be preserved in the files of the agency for a
period of six years following final payment on such contract.
Section 307. Administrative determinations and delegations
(a) This subsection provides that the determinations and decisions to be made
by the Administrator or other agency head may be made with respect to indi-
vidual purchases and contracts or with respect to classes of purchases or con-
tracts and that such determinations and decisions shall be final. It allows delega-
tion by the agency head except in those cases designated in subsection (b) of this
section. The determinations and decisions so made will not be made subject to
invalidation or challenge by the Comptroller General or the courts. However,
the broader the power or the more important the decision or determination, the
higher the level at which the decision or determination will be made.
(b) This subsection prohibits the agency head from delegating the power to
make the determinations or decisions specified in paragraphs (11) and (12) of sec-
tion 302 (c), which concern, respectively, contracts which should not be publicly
disclosed and standardization of technimal. equipment and in section 305 (a), con-
cerning the making of advance payments. This subsection also restricts the
power of the agency head to make the decision or determinations specified in
paragraph (10) of section 302 (c) which concerns experimental, developmental, or
research contracts. Furthermore, under this subsection the Administrator's
power to delegate to another civilian executive agency the right to use the author-
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ity provided under title III can be delegated by the Administrator only to the
Deputy Administrator of the General Services Administration or to the chief
official of any principal constituent agency of the General Services Administra-
tion. It is believed that such power to confer authority upon another civilian
agency should be exercised only at a high level within the General Services
Administration.
(c) As a further safeguard this subsection requires that determinations or
decisions concerning research and development contracts, contracts which should
not be publicly disclosed, standardization of technical equipment, and negotiation
after advertising, the type of contract to be used and the making of advance pay-
ments shall be based upon written findings, that these findings shall be final, and
shall be available within the agency for at least 6 years after making such de-
termination. Furthermore, it provides that a copy of the findings shall be
furnished to the General Accounting Office with the contract.
(d) Data with respect to negotiation is required to be preserved in the agency
for 6 years following final payment on the contract except where negotiation is
pursuant to public exigency, a dollar amount, for personal or professional serv-
ices, for services to be rendered by an educational institution, or for supplies
or services which are to be purchased and used outside the limits of the United
States or its possessions.
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SEC. 308. No purchase or contract shall be exempt from the Act of
June 30, 1936 (49 Stat. 2036, as amended; 41 U. S. C. 35 to 45), or
from the Act of March 3, 1931 (46 Stat. 1494, as amended; 40 U. S. C.
276a to 276a-6), solely by reason of having been entered into pur-
suant to section 302 (c) hereof without advertising, and the provisions
of said Acts and of the Act of June 19, 1912 (37 Stat. 137, as amended;
40 U. S. C. 324 and 325a), if otherwise applicable, shall apply to such
purchases and contracts.
Section 808. Statutes continued in effect
This section provides that contracts executed under this title shall not be
exempt from the provisions of the Walsh-Healey Act, the Davis-Bacon Act, or
the 8-hour law by reason of their having been entered into by negotiation.
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0% 1
SEC. 309. As used in this title-
(a) The term "agency head" shall mean the head or any assistant
head of any executive agency, and may at the option of the Adminis-
trator include the chief official of any principal organizational unit
of the General Services Administration.
(b) The term "supplies" shall mean all property except land, and
shall include, by way of description and without limitation, public
works, buildings, facilities, ships, floating equipment, and vessels of
every character, type and description (except the categories of naval
vessels named in section 3 (d) ), aircraft, parts, accessories, equipment,
machine tools and alteration or installation thereof.
Section 309. Definitions
(a) This subsection defines the term "agency head" as used in title III to
mean the head or an assistant head of any executive agency, and provides that
the term may at the option of the Administrator include the chief official of any
principal organizational unit of the General Services Administration. This is
deemed salutary in order to reserve the power of determination and decision at
an adequately high level, and at the same time to designate the officials intended
to be covered.
(b) This subsection defines supplies to include all property except land, and
to include, by way of description and without limitation, public works, buildings,
facilities, ships, floating equipment, vessels, aircraft, parts, accessories, equip-
ment, machine tools, and alteration or installation thereof. These illustrations
are intended only as examples and the committee has attempted to meet present
and future contingencies.
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SEC. 310. The following provisions of law shall not apply to the
procurement of supplies or services (1) by the General Services
Administration, or (2) within the scope of authority delegated by the
Administrator to any other executive agency :
Revised Statutes, section 3709, as amended (41 U. S. C. 5) ;
Revised Statutes, section 3735 (41 U. S. C. 13) ;
Sections 1 and 2 of the Act of October 10, 1940 (54 Stat. 1109, as
amended; 41 U. S. C. 6 and 6a).
Section 310. Statutes not applicable
This section provides that the following acts shall not be applicable to the
procurement of supplies or services by the General Services Administration :
Revised Statutes, section 3709, as amended, which concerns formal
advertising ;
Revised Statutes, section 3735, which prohibits the making of contracts
for "stationery or other supplies" for more than 1 year ; and
Sections 1 and 2 of the act of October 10, 1940, which set forth certain
specific exemptions from Revised Statutes, section 3709, which are not in
harmony with this title.
These statutes would also be suspended for procurement made by another civilian
executive agency, under proper delegation of authority made by the Administrator
and solely within the scope of that authority, and such suspension would be
limited to the extent and within the purview of the authority thus delegated.
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TITLE IV-FOREIGN EXCESS PROPERTY
SEC. 401. Each executive agency having foreign excess property
shall be responsible for the disposal thereof : Provided, That (a) the
head of each such executive agency shall, with respect to the disposi-
tion of such property, conform to the foreign policy of the United
States; (b) the Secretary of State shall have the authority to use for-
eign currencies and credits acquired b the United States under section
402 (b) of this Act in order to effectuate the purposes of section
32 (b) (2) of the Surplus Property Act of 1944, as amended, and the
Foreign Service Buildings Act of May 7,1926, as amended (including
Public Law 547, Seventy-ninth Congress (60 Stat. 663) ), and for the
purpose of paying any other governmental expenses payable in local
currencies, and the authority to amend, modify, and renew agreements
in effect on the effective date of this Act; (c) any foreign currencies
or credits acquired by the Department of State pursuant to such
agreements shall be administered in accordance with procedures that
may from time to time be established by the Secretary of the Treasury
and, if and when reduced to United States currency, shall be covered
into the Treasury as miscellaneous receipts; and (d) the Department
of State shall, except to such extent as the President shall otherwise
determine, continue to perform other functions with respect to agree-
ments for the disposal of foreign excess property in effect on the
effective date of this Act.
ANALYSIS
TITLE IV. FOREIGN EXCESS PROPERTY
Section 401. Disposal of foreign excess property
This section generally provides that, except where commitments exist under
previous agreements, all excess property located in foreign areas shall be dis-
posed of by the owning agency. The head of the agency in question is directed
to conform to the foreign policy of the United States in making such disposals.
The section provides further that the Secretary of State shall continue to ad-
minister existing agreements with respect to the disposal of foreign excess
property and shall have authority to amend, modify, and renew such agreements
in order to carry on the foreign educational exchange program and the purposes
of the Foreign Service Buildings Act and to provide local currencies under
procedures established by the Secretary of the Treasury for the payment of
expenses of the United States in the country in question.
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METHODS AND TERMS OF DISPOSAL
SEC. 402. Foreign excess property may be disposed of (a) by sale,
exchange, lease, or transfer, for cash, credit, or other property, with or
without warranty, and upon such other terms and conditions as the
head of the executive agency concerned deems proper; but in no event
shall any property be sold without a condition forbidding its importa-
tion into the United States, unless the Secretary of Agriculture in
the case of any agricultural commodity, food, or cotton or woo en
goods) or the Secretary of Commerce (in the case of any other prop-
erty) determines that the importation of such property would relieve
domestic shortages or otherwise be beneficial to the economy of this
country, or (b) for foreign currencies or credits, or substantial benefits
or the discharge of claims resulting from the compromise or settlement
of such claims by any executive agency in accordance with the law,
whenever the head of the executive agency concerned determines that
it is in the interest of the United States to do so. Such property may
be disposed of without advertising when the head of the executive.
agency concerned finds so doing to be most practicable and to be ad-
vantageous to the Government. The head of each executive agency
responsible for the disposal of foreign excess, property may execute
such documents for the transfer of title or other interest in property
and take such other action as he deems necessary or proper to dispose
of such property; and may authorize the abandonment, destruction, or
donation of foreign excess property under his control which has no
commercial value or the estimated cost of care and handling of which
would exceed the estimated proceeds from: its sale.
Section 402. Methods and terms of disposal
This section authorizes disposals of foreign excess property under terms
similar to those in the Surplus Property Act of 1944, as amended, under which
foreign disposals are currently being made. Foreign excess property may be
disposed of by sale, exchange, lease, or transfer, for cash, credit, or other prop-
erty, with or without warranty, and upon such other terms and conditions as the
head of the executive agency concerned deems proper. Such property may be
disposed of for foreign currencies or credits, or substantial benefits or the dis-
charge of claims resulting from the compromise or settlement of such claims
by any executive agency in accordance with the law, whenever the head of the
executive agency concerned determines that it is in the interest of the United
States to do so. Disposals may be made without advertising when the head
of the executive agency finds such a course to be most practicable and to be most
advantageous to the Government. Sales of agricultural commodities, food, or
cotton or woolen goods must include a condition forbidding importation into the
United States unless the Secretary of Agriculture determines that such property
is in short supply in this country. The head of the executive agency responsible
for disposal may execute the documents necessary to transfer the interest of the
United States in the property and may authorize abandonment, destruction, or
donation of foreign excess property under his control which has no commercial
value or the estimated cost of care and handling of which would exceed the
estimated proceeds of sale.
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PROCEEDS, FOREIGN CURRENCIES
SEC. 403. Proceeds from the sale, lease, or other disposition of for-
eign excess property, (a) shall, if in the form of foreign currencies
or credits, be administered in accordance with procedures that may
from time to time be established by the Secretary of the Treasury, and
(b) shall, if in United States currency, or when any proceeds in for-
eign currencies or credits shall be reduced to United States currency,
be covered into the Treasury as miscellaneous receipts : Provided,
That the provisions of section 204 (b) (which by their terms apply
to property disposed of under title II) shall be applicable to proceeds
of foreign excess property disposed of for United States currency
under this title IV : And provided further, That any executive agency
disposing of foreign excess property under this title (1) may deposit,
in a special account with the Treasurer of the United States, such
amount of the proceeds of such dispositions as it deems necessary to
permit appropriate refunds to purchasers when any disposition is
.rescinded or does not become final, or payments for breach of any
warranty, and (2) may withdraw therefrom amounts so to be refunded
or paid, without regard to the origin of the funds withdrawn.
ANALYSIS
Section 403. Proceeds; foreign curriences
This section provides that the proceeds from sales of foreign excess property
shall, if in the form of foreign currencies or credits, be administered in accord-
ance with procedures prescribed by the Secretary of the Treasury and shall,
if in United States currency or when reduced to United States currency, be
covered into the Treasury as miscellaneous receipts. The provisions of section
204 (b) relating to reimbursable funds or appropriations shall apply to proceeds
of foreign excess property under this title. The section further provides that
any executive agency disposing of surplus property under this title may estab-
lish a special account with the Treasurer of the United States from which
appropriate refunds to purchasers may be made.
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MISCELLANEOUS PROVISIONS
SEC. 404. (a) The President may prescribe such policies, not incon-
sistent with the provisions of this title, as he shall deem necessary to
effectuate the, provisions of this title, which provisions shall guide each
executive agency in carrying out its functions hereunder.
(b) Any authority conferred upon any executive agency or the
head thereof by the provisions of this title may be delegated, and
successive redelegation thereof may be authorized, by such head to
any official in such agency or to the head of any other executive agency.
(c) The head of each executive agency responsible for the disposal
of foreign excess property hereunder may, as may be necessary to
carry out his functions under this title, (1) subject to the civil-service
and classification laws, appoint and fix the compensation of personnel,
and (2) without regard to the civil-service and classification laws,
appoint and fix the compensation of personnel outside the continental
limits of the United States.
(d) The head of each executive agency responsible for the disposal
of foreign excess property under this title shall submit a report to
Congress in January of each year or at such other time or times as
he may deem desirable relative to its activities under this title, together
with any appropriate recommendations.
(e) There shall be transferred from the Department of State to each
other executive agency affected by this title such records, property,
personnel, obligations, commitments, and unexpended balances of
appropriations, 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 Linder this title which have
heretofore been administered by the Department of State.
ANALYSIS
Section 404. Miscellaneous provisions
(a) Presidential policies.-The President is granted general authority to
prescribe policies deemed necessary to execute the provisions of this title.
(b) Delegation of authority.-Any authority conferred upon any executive
agency under this title may be delegated and successive redelegations authorized
by the head of such agency to any official in such agency or to the head of
another executive agency.
(c) Employment of personnel.-The head of each executive agency responsible
for the disposal of excess property hereunder may, subject to the civil-service
and classification laws, appoint and fix the compensation of necessary personnel
and without regard to the civil-service and classification laws appoint and fix
the compensation of personnel outside the continental limits of the United States
as may be necessary to carry out his functions.
(d) Reports to Congress.-Each agency responsible for foreign disposal shall
make annual reports to Congress relative to its activities under this title.
(e) Transfer of personnel, funds, etc.-Such records, property, personnel
obligations, commitments, and unexpended balances, of appropriations, alloca-
tions, and other funds as are determined by the Director of the Bureau of the
Budget to relate to the functions transferred to another executive agency under
this title shall be transferred from the Department of State to that agency.
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TITLE V-GENERAL PROVISIONS
APPLICABILITY OF EXISTING PROCEDURES
SEC. 501. All policies, procedures, and directives prescribed-
(a) by either the Director, Bureau of Federal Supply, or the
Secretary of the Treasury and relating to any functions trans-
ferred to or vested in the Administrator, by the provisions of this
Act ;
(b) by any officer of the Government under the authority of
the Surplus Property Act of 1944, as amended, or under other
authority with respect to surplus property or foreign excess
property ;
(c) by or under authority of the Federal Works Administra-
tor or the head of any constituent agency of the Federal Works
Agency ; and
(d) by the Archivist of the United States or any other officer
or body whose functions are transferred by title I of this Act,
in effect upon the effective date of this Act and not inconsistent here-
with, shall remain in full force and effect unless and until superseded,
or except as they may be amended, under the authority of this Act or
under other appropriate authority.
Section 501. Applicability of existing procedures
This section continues in effect all existing policies, procedures, and directives
until superseded or amended under authority of the act.
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REPEAL AND SAVING PROVISIONS
SEC. 502. (a) There are hereby repealed-
(1) the Surplus Property Act of 1944, as amended (except
sections 13 (d), 13 (g), 13 (h), 28 and 32 (b) S2)), and sections
501 and 502 of Reorganization Plan Numbere 1 of 1947: Pro-
vided, That, with respect to the disposal under this Act of any
surplus real estate, all priorities and preferences provided for
in said Act, as amended, shall continue in effect until 12 o'clock
noon (eastern standard time), December 31, 1949;
(2) that portion of the Act entitled "An Act making supple-
mental appropriations for the Executive Office and sundry inde-
pendent executive bureaus, boards, commissions, and offices, for
the fiscal year ending June 30, 1949, and for other purposes",
approved June 30, 1948 (Public Law 862, Eightieth Congress),
as amended, appearing under the caption Surplus property
disposal";
(3) the Act entitled "An Act to authorize the Secretary of War
to dispose of material no longer needed by the Army", approved
February 28, 1936 (49 Stat. 1147; 10 U. S. C. 1258) ;
(4) the Act entitled "An Act to authorize the Secretary of the
Navy to dispose of material no longer needed by the Navy", ap-
proved May 23, 1930, as amended (46 Stat. 378; 34 U. S. C. 546c) ;
(5) section 5 of the Act of July 11, 1919 (41 Stat. 67; 40 U. S. C.
311) ;
(6) the first and second provisos contained in the fifth para-
graph under the heading "Division of Supply" in section 1 of the
Act of December 20, 1928 (45 Stat. 1030; 40 U. S. C. 311a) ;
(7) the Act entitled "An Act to authorize the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air
Force to donate excess and surplus property for educational
purposes", approved July 2, 1948 (Public Law 889, Eightieth
Congress) ;
(8) section 203 of the Act of June 26, 1943 (57 Stat. 195, as
amended; 5 U. S. C. 118d-1) ;
;
(9) the Act of April15,1937 (50 Stat. 64; 5 U. S. C. 118d)
(10) the second proviso contained in the paragraph of the Act
of August 10, 1912 (37 Stat. 296; 5 U. S. C. 545), headed "Con-
tingent expenses, Department of Agriculture";
(11) the second proviso contained in the twentieth paragraph
of section 1 of the Act of March 2, 1917 (39 Stat. 973; 5 U. S. C.
494) ;
(12) the twenty-sixth paragraph under the heading "National
Parks" of the Act of January 24, 1923 (42 Stat. 1215; 16
U. S. C. 9) ;
(13) the fifth paragraph under the heading "Experiments and
demonstrations in livestock production in the cane-sugar and cot-
ton districts of the United States" of the Act of June 30, 1914
(38 Stat. 441; 5 U. S. C. 546) ;
(14) the proviso contained in the second paragraph under the
heading "Library, Department of Agriculture" of the Act of
March 4,1915 (38 Stat. 1107; 5 U. S. C. 548) ;
(15) the second proviso contained in the second paragraph
under the heading "Clothing and camp and garrison equipage"
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of section 1 of the Act of August 29, 1916 (39 Stat. 635; 10 U. S. C.
1271);
(16) the Act of May 11, 1939 (53 Stat. 739; 10 U. S. C. 1271a) ;
(17) the fifth paragraph under the heading "Office of the Chief
Signal Officer" of the Act of May 12, 1917 (40 Stat. 43, as
amended; 10 U. S. C. 1272) ;
(18) the third proviso contained in the second paragraph un-
der the heading "Office of the Chief Signal Officer" of the Act of
March 4, 1915 (38 Stat. 1064; 10 U. S. C. 1273) ;
(19) the fourteenth paragraph under the heading "Smithso-
nian Institution" of section 1 of the Act of March 3, 1915 (38 Stat.
839; 20 U. S. C. 66) ;
(20) the second paragraph under the heading "Government
hospital for the. insane" of section 1 of the Act of August 1, 1914
(38 Stat. 649; 24 U. S. C. 173) ;
(21) the second paragraph under the heading "Saint Eliza-
beths Hospital" of section 1 of the Act of June 12, 1917 (40 Stat.
153; 24 U. S. C. 174) ;
(22) the proviso contained in the second paragraph under the
heading "Bureau of Supplies and Accounts" of the Act of August
22,1912 (37 Stat. 346; 34 U. S. C. 531a) ;
(23) the second proviso of the first paragraph under the head-
ing "Bureau of Yards and Docks" of the Act of August 29, 1916
(34 U. S. C. 532) ;
(24) the proviso contained in the second paragraph under the
heading "Maintenance, Quartermaster's Department, Marine
Corps" of the Act of March 4, 1917 (39 Stat. 1189; 34 U. S. C.
723);
(25) the twentieth paragraph under the heading "Bureau of
Mines" of section 1 of the Act of July 19, 1919 (41 Stat. 200; 40
U. S. C. 118) ;
(26) the first sentence of section 5 of the Act of March 4, 1915
(38 Stat. 1161; 41 U. S. C. 26) ;
(27) the third paragraph under the heading "Interstate Com-
merce Commission" of section 1 of the Act of August 1, 1914 (38
Stat. 627; 49 U. S. C. 58) ;
(28) the Act of June 6, 1941 (55 Stat. 247; 14 U. S. C. 31b) ;
(29) section 4 of the Act of June 17, 1910 (36 Stat. 531; 41
U. S. C. 7) ;
(30) the Act of February 27, 1929 (45 Stat. 1341; 41 U. S. C.
7a, 7b, 7c, and 7d) ; and
(31) section 1 of the Act of May 14, 1935 (49 Stat. 234; 41
U. S. C. 7c-1).
(b) The provisions of the first, third, and fifth paragraphs of section
1 of Executive Order Numbered 6166 of June 10, 1933, are hereby
superseded, insofar as they relate to any function now administered
by the Bureau of Federal Supply except functions with respect to
standard contract forms.
(c) The authority conferred by this Act is in addition to any
authority conferred by any other law and shall not be subject to the
provisions of any law inconsistent herewith, except that sections 205
(b) and 206 (c) of this Act shall not be applicable to any Government
corporation or agency which is subject to the Government Corporation
Control Act (59 Stat. 597; 31 U. S. C. 841).
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(d) Nothing in this Act shall impair or affect any authority of-
(1) the President under the Philippine Property Act of 1946
(60 Stat. 418; 22 U. S. C. 1381) ;
(2) any executive agency with respect to any phase (including,
but not limited to, procurement, storage, transportation, process-
ing, and disposal) of any program conducted for purposes of
resale, price support, grants to farmers, stabilization, transfer to
foreign governments, or foreign aid, relief, or rehabilitation :
Provided, That the agency carrying out such program shall, to
the maximum extent practicable, consistent with the fulfillment
of the purposes of the program and the effective and efficient con-
duct of its business, coordinate its operations with the require-
ments of this Act and the policies and regulations prescribed
pursuant thereto ;
(3) any executive agency named in the Armed Services Pro-
curement Act of 1947 and the head thereof, with respect to the
administration of said Act;
(4) the National Military Establishment with respect to prop-
er) required for or located in occupied territories ;
(5) the Secretary of Defense with respect to the administration
of the National Industrial Reserve Act of 1948;
(6) the Secretary of Defense, the Munitions Board, and the
Secretaries of the Army, Navy, and Air Force with respect to the
administration of the Strategic and Critical Materials Stock
Piling Act (60 Stat. 596), and provided that any imported mate-
rials which the authorized procuring agency shall certify to the
Commissioner of Customs to be strategic and critical materials
procured under said Act may be entered, or withdrawn from
warehouse, free of duty;
(7) the Secretary of State under the Foreign Service Buildings
Act of May 7, 1926, as amended;
(8) the Secretary of the Army, the Secretary of the Navy, and
the Secretary of the Air Force with respect to the administration
of section 1 (b) of the Act entitled "An Act to expedite the
strengthening of the national defense", approved July 2, 1940
(54 Stat. 712) ;
(9) the Secretary of Agriculture or the Department of Agri-
culture under (A) the National School Lunch Act (60 Stat. 230) ;
(B) the Farmers Home Administration Act of 1946 (60 Stat.
1062) ; (C) the Act of August 31, 1947, Public Law 298, Eightieth
Congress, with respect to the disposal of labor supply centers,
and labor homes, labor camps, or facilities; (D) section 32 of the
Act of August 24, 1935 (49 Stat. 774), as amended, with respect
to the exportation and domestic consumption of agricultural
products; or (E) section 201 of the Agricultural Adjustment Act
of 1938 (52 Stat. 36) or section 203 (j) of the Agricultural Mar-
keting Act of 1946 (60 Stat. 1082) ;
(10) the Secretary of Agriculture, Farm Credit Administra-
tion, or any farm credit board under section 6 (b) of the Farm
Credit Act of 1937 (50 Stat. 706), with respect to the acquisition
or dis osal of property ;
(11) the Housing and Home Finance Agency, or any officer or
constituent agency therein, with respect to the disposal of resi-
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dential property, or of other property (real or,personal) held as
part of or acquired for or in connection with residential property,
or in connection with the insurance of mortgages, loans, or savings
and loan accounts under the National Housing Act;
(12) the Tennessee Valley Authority with respect to nonper-
sonal services, with respect to the matters referred to in section
201 (a) (4), and with respect to any property acquired or to be
acquired for or in connection with any program of processing,
manufacture, production, or force account construction : Provided,
That the Tennessee Valley Authority shall to the maximum extent
that it may deem practicable, consistent with the fulfillment of
the purpose of its program and the effective and efficient conduct
of its business, coordinate its operations with the requirements
of this Act and the policies and regulations prescribed pursuant
thereto;
(13) the Atomic Energy Commission;
(14) the Administrator of Civil Aeronautics or the Chief of the
Weather Bureau with respect to the disposal of airport property
and airway property. for use as such property. For the purpose
of this paragraph the terms "airport property" and "airway prop-
erty" shall have the respective meanings ascribed to themin the
International Aviation Facilities Act (62 Stat. 450) ;
(15) the Postmaster General or the Postal Establishment with
respect to the means and methods of distribution and transporta-
tion of the mails, and contracts, negotiations, and proceedings
before Federal and State regulatory and rate-making bodies,
relating to the transportation of the mails;
(16) the United States Maritime Commission with respect to
the construction, reconstruction; and reconditioning (including
outfitting and equipping incident to the foregoing), the acquisi-
tion, procurement, operation, maintenance, preservation, sale,
lease, or charter of any merchant vessel or of any shipyard, ship
site, terminal, pier, dock, warehouse, or other installation necessary
or appropriate for the carrying out of any program of such
Commission authorized by law, or nonadministrative activities
incidental thereto : Provided, That the United States Maritime
Commission shall to the maximum extent that it may deem
practicable, consistent with the fulfillment of the purposes of
such programs and the effective and efficient conduct of such
activities, coordinate its operations with the requirements of this
A4, and the policies and regulation rescribed pursuant thereto ;
__ 1718) Central Intelligence Agency i
(except as-provided in subsections (a) and (b) hereof, any
other law relating to the procurement, utilization, or disposal of
property: Provided, That, subject to, and within the scope of
authority conferred on the Administrator by other provisions of
this Act, he is authorized to prescribe regulations to govern any
procurement, utilization, or disposal of property under any such
law, whenever but only to the extent he deems such action neces-
sary to effectuate the provisions of title II; nor
(19) for such period of time as the President may specify, any
other authority of any executive agency which the President deter-
mines within one year after the effective date of this Act should,
in the public interest, stand unimpaired by this Act.
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(e) Section 3709, Revised Statutes, as amended (41 U. S. C. 5), is
amended by strikinEl out "$100" wherever it appears therein and insert-
ing in lieu thereof 500".
ANALYSIS
Section 502. Repeal and saving provisions
(a) Repeat of Surplus Property Act, certain execpttons.-This subsection re-
peals all the Surplus Property Act of 1944 except (i) sections 13 (d), 13 (g),
and 13 (h), relating to power transmission lines, transfers for the airport pro-
gram and for parks, recreation, and historic monuments, and section 32 (b) (2),
relating to the foreign schlarship program, all of which are retained as perma-
nent legislation; and (ii) section 28 suspending a statute of limitations. The
priorities and preferences provided for in that act are continued in effect with
respect to the disposal of surplus real estate until December 31, 1949. By opinion
dated August 29, 1949, the Counsel to the. General Services Admin-
istration Committee for Disposal of Surplus Property for Educational and
Health held a that the effect f the discretionary authorty to proviso
make transfers (a)
in the Administrator of property in
accordance with Sec. 13 (g) of the Surplus Property Act of 1944. The provisions
of the Supplemental Independent Offices Appropriation Act, 1949 (Public Law
862, 80th Cong.), as amended, abolishing the War Assets Administration as of
June 30, 1949, and assigning its property-disposal functions to several different
agencies, are likewise repealed, as are two statutes authorizing the armed services
to donate obsolete personal property for educational purposes. The latter stat-
utes were superseded by Public Law 889, Eightieth Congress, which is likewise
repealed, since it will be superseded by the donation provisions in section 203 (j).
This subsection also repeals two statutes relating to the transfer of excess prop-
erty to other agencies and some 20 statutes relating to use of trade-in allowances
which will be superseded by section 201 (e). Finally, this subsection repeals
s
section 4 of the act of June 17, 1910 (36 Stat. 531; 4:1 U. S. C. 7), concerning
General Supply Committee ; the act of February 27, 1929 (45 Stat. 1341; 41
U. iS. C. 7a, 7b, 7c, and 7d), concerning central procurement by the Secretary of
the Treasury and authorizing the establishment and use of the general supply
fund; and section 1 of the act of May 14, 1935 (49 Stat. 234; 41 U. S. C. 7c-1),
covering the use of the general supply fund for the operation of the Government
fuel yards. These provisions will be superseded upon the enactment of the gen-
eral scheme of Government procurement contemplated in this bill which will
more effectively accomplish the same objectives.
ive
(b) Repeal of Eweeutive Order 6166.-This subsection supersedes
Order 6166 so far as it relates to the Bureau of Federal Supply,
functions reserved with respect to standardizing contract forms, such as the lease
and the construction contract form.
(c) Declaration of additional authority.-By this subsection the authority con-
ferred by the act is declared supplemental and not subject to other legislation.
(d) Special exemptions from the act.--This subsection exempts from opera-
tions under the act a number of activities requiring special treatment. Chief
among these are programs for price support, stabilization, grants to farmers, and
foreign aid ; procurement procedures under the Armed Services Procurement
Act of 1947 (this statute is concerned only with procedures and it is not intended
by its inclusion in this subsection to grant any exemption from the substantive
provisions of the bill) ; the stock piling of critical materials ; the national school-
lunch program ; the Housing a th Home
Atomic Finance
Energy Commission; and the Cential
posal of residential property ;
Intelligence Agency.
It is not intended by these exemptions that those administering the agencies or
programs listed shall be free from all obligation to comply with the provisions of
the act or from all jurisdiction of the Administrator. On the contrary, it is
expected that they will as far as practicable procure, utilize, and dispose of prop-
erty in accordance with the provisions of the act and the regulations issued there-
under, particularly so far as common-use items and administrative supplies
are concerned. authority, with respect Likewise to the agencies or prog ams mentioned, to make shall surveys
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of, and obtain reports on, property and property-management practices, to co-
operate in the establishment of inventory levels, and to report excessive stocking,
in accordance with the provisions of section 206 (a) (1) and (2).
In other words, to the extent that compliance with the act and submission to
the jurisdiction of the Administrator will not so "impair or affect the authority"
of the several agencies to which the subsection applies as to interfere with the
operation of their programs, the act will govern. Any disputes that arise can be
settled by the President under the authority to prescribe policies and directives
vested in him by section 205 (a).
(e) Limitation on open-market purchases. This subsection amends section
3709 of the Revised Statutes as amended by raising from $100 to $500 the limit on
the amount that can be expended in an open-market purchase without advertising
or bidding.
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AUTHORIZATIONS FOR APPROPRIATIONS AND TRANSFER AUTHORITY
SEC. 503. (a) There are hereby authorized to be appropriated such
sums as may be necessary to carry out the provisions of this Act.
(b) When authorized by the Director of the Bureau of the Budget,
any Federal agency may use, for the disposition of property under this
Act, and for its care and handling pending such disposition, any funds
heretofore or hereafter appropriated, allocated, or available to it for
purposes similar to those provided for in sections 201, 202, 203, and
205 of this Act.
Seotion 503. Authorization for appropriations and transfer authority
(a) Authorization for appropriations.-This subsection authorizes appropria-
tions generally without specification as to amount.
(b) Transfer authority.-Under this subsection an executive agency may use
for care and handling of property, funds heretofore appropriated to it for pur-
poses contemplated by sections 201, 202, 203, and 205 of the act.
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SEC. 504. If any provision of this Act, or the application thereof
to any person or circumstances, is held invalid, the remainder of this
Act, and the application of such provision to other persons or circum-
stances, shall not be affected thereby.
Section 504. Separability
Each provision of the act is declared separable so far as validity is concerned.
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SEC. 505. This Act shall become effective on July 1, 1949, except
that the provisions of section 502 (a) (2) (repealing prior law relat-
ing to the disposition of the affairs of the War Assets Administration)
shall become effective on June 30, 1949.
Approved June 30, 1949.
Section 505. Effective date
The effective date of the act is established as July 1, 1949, except that one clause
relating to the War Assets Administration is made effective June 30, 1949.
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STATEMENT OF AGREEMENT BETWEEN THEMUNITIONS BOARD, NATIONAL DEFENSE ESTAB-
LISHMENT, AND THE BUREAU OF FEDERAL SUPPLY, DEPARTMENT OF THE TREASURY, ON
PROCEDURES FOR THE DEVELOPMENT OF A UNIFORM FEDERAL CATALOG SYSTEM
The Munitions Board Cataloging Agency has embarked upon a comprehensive 3-year
program to provide a uniform catalog system for all items of armed services supply. This
program was initiated in recognition of the urgent military need for a common language for
supply activities. The Bureau of Federal Supply has been active in the planning for a
Federal catalog system in compliance with Presidential directives and its basic responsi-
bility for the development and maintenance of the Federal Standard Stock Catalog. This
planning was participated in by the Military Establishment and several of the larger civil
establishments. There is now pending before the Congress a bill to reorganize and simplify
the procurement, utilization, and disposal of Government property, and for other purposes,
which provides, among other things, for the transfer of the Bureau of Federal Supply to
the Federal Works Agency and authorizes the Federal Works Administrator "As he may
deem necessary for the effectuation of his functions under this title, and after adequate
advance notice to the agencies affected, and with due regard to the requirements of the
National Military Establishment as determined by the Secretary of Defense * * * to
establish and maintain such uniform Federal supply catalog system to identify and classify
personal property under the control of Federal agencies as may be appropriate * * *."
Also "each executive agency shall utilize such uniform Federal supply catalog system and
standard purchase specifications as far as practicable, taking into consideration efficiency,
economy, and other interests of the Government."
Pending action of the Congress on the above bill, it is reconized that the interests of the
Federal Government can best be served through continuing close cooperation and working
contacts between the cataloging activities of the civil and military establishments. To this
end the following agreements have been reached between the Munitions Board and the
Bureau of Federal Supply :
(1) That the present plans and procedures of the Munitions Board Cataloging Agency
are satisfactory for initiating Federal catalog operations. It is unaistood that the agency
is further developing the elements of cataloging in accordance with the basic principles
developed under the sponsorship of the United States Standard Commodity Catalog Board ;
(2) That certain revisions and expansions in plans and procedures must be made as work
progresses to provide for the requirements of civilian agencies;
(3) That the question of classification will require close coordination with the civilian
agencies and the Munitions Board Cataloging Agency in order to develop a commodity
supply classification system which will be practical and workable for all organizations ;
(4) That any civilian agency having major supply problems should be represented on
the Technical Group of the Munitions Board Cataloging Agency. The Bureau of Federal
Supply will, with the concurrence of the Bureau of the Budget, develop recommendations to
the Cataloging Agency as to the agencies which should be represented;
(5) That the Bureau of Federal Supply shall have one member and one alternate on the
Executive Group of the Munitions Board Cataloging Agency, for representation of civilian
agencies.
(6) That after completion of the current "3-year program" of the Munitions Board
Cataloging Agency, the respective future responsibilities of the Agency and the Bureau of
Federal Supply would, in the absence of legislative direction, be determined by agreement
between the Secretary of Defense and the Secretary of the Treasury;
(7) That the Bureau of Federal Supply will be responsible for such coordination as will
assure that cataloging developments initiated by the Munitions Board Cataloging Agency
are made available to interested civil establishments.
(Signed) CLIFTON E. MACK,
Bureau of Federal Supply, Treasury Department.
JUNE 3, 1948.
(Signed) Maj. Gen. PATRICK W. TIMBERLAKE,
Munitions Board.
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Section
Abandoned property, disposal of------------------------------------ 203 (1)
Abandonment of property------------------------------------------ 202 (h)
Foreign excess property------------------------------------------ 402
Accounting systems :
Agencies to maintain------------------------------------------ 202 (b)
Principles and standards-------------------------------------- 205 (b)
Accounts, audit by General Accounting Office------------------------ 206 (c)
Administrative Committee of the Federal Register :
Applicability of existing regulations------------------------------ 501
Functions of Archivist of the United States with respect to -------- 104 (a)
Transfer to General Services Administration-------------------- 104 (b)
Administrator of General Services :
Appointment------------------------------------------- 101 (b),101 (d)
Definition------------------------------------------------------- 3 (c)
Functions of. This index generally.
Reports to :
Excess property--------------------------------------- 202 (b) (2)
Property and property management practices------------ 206 (a) (1)
Records management surveys--------------------------- 104 (c) (1)
Salary-------------------------------------------------------- 101 (e)
Advance payments :
From General Supply Fund-------------------------------- 109 (b) (c)
Negotiated contracts ---------------------------------------------- 305
Advertising :
Disposal without:
Foreign excess property-------------------------------------- 402
Surplus property------------------------------------------- 203 (e)
Exemption from It. S. 3709--------------------------------------- 310
Exemption limit increased--------------------------------- 502 (e)
Procurement without------------------------------------- 302 (b), (c)
Requirements---------------------------------------------------- 303
Advisory bodies :
Committees--------------------------------------------------- 205 (g)
Federal agencies----------------------------------------------- 205 (h)
Agency, definition of--------------------------------------------- 3 (a), (b)
Agency head----------------------- ------------------- 309 (a)
Agricultural commodities, disposal of------------------- 203 (g), (h), 402 (a)
Agriculture, Department of :
Disposal of surplus agricultural commodities by------------------ 203 (h)
Agriculture, Secretary of:
Responsibilities of in connection with disposal of agricultural com-
modities-------------------------------------------- 203 (g), (h)
Foreign--------------------------------------------------- 402 (a)
Antitrust laws :
Applicability of--------------------------------------------------- 207
Violation of in bids--------------------------------------------- 302 (d)
Appeal Board, under Contract Settlement Act :
Applicability of existing regulations and procedures----------------- - 501
Status of transferred employees----------------------------------- 108
Transfer of functions, personnel,etc ----------------------------- 102 (b)
Applicability of existing laws and procedures---------------- 308, 310, 501, 502
Appropriations :
Authorized ---------------------------------------------------- 503 (a)
Availability---------------------------------------------------- 503 (b)
Credit of proceeds from transfer--------------------------- 204 (b), 403
Reimbursement of, for :
Space ----------------------------------------------------- 202 (g)
Supplies and services-------------------------------------- 109 (b)
(71)
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Archivist of the United States : Section
Appointment--------------------------------------------------- 104 (a)
Functions ----------------------------------------------------- 104 (a)
Armed forces, use of surplus property in training civilian components
of ---------------------------------------------------------- 203 (k) (2)
Armed Services Procurement Act of 1947, nonapplicability of Act to agen-
cies covered by--------------------------------- 302 (a) (2), 502 (d) (3)
Attorney General:
Antitrust laws, applicability of in disposals------------------------ 207
Violations of in bids----------------------------------------- 302 (d)
Auditing :
General Supply Fund------------------------------------------ 109 (e)
Property accounts and transactions--------------------------- -_ 206 (c)
Authority, delegation and redelegation of :
Authorized generally --------------------------------------- 205 (d),
(e)
Foreign excess property ---- --------------------------------- 404
(b)
Procurement------------------------------------------- 302 (a),
307
Not permitted ------------------------------------- ------------ 307
(b)
Transfer of personnel, etc., in connection with-------------------- 205
(f)
Bacon-Davis Act, effect of ---------------------------------------------
Bids:
308
Advertising for------------------------------------------------
303 (a)
Antitrust law violations----------------------------------------
302 (d)
Public opening of----------------------------------------------
302 (b)
Rejection of---------------------------------------------------
Board of Trustees of Franklin D. Roosevelt Library :
302 (c)
Functions of Archivist of the United States with respect to -------- 104 (a)
Transfer to General Services Administration--------------------- 104 (b)
Books, surplus, donations of for educational purposes----------------- 203 (j)
Brokerage, warranty concerning------------------------------------ 304 (a)
Budget Bureau :
Approval required :
General Supply Fund, determinations as to indirect or over-
head costs--------------------------------------- 109 (a) (2), (b)
Transfer of personnel, funds, etc ----------------------------- 205 (f)
Bureau of Federal Supply------------------------- 102 (a), (c)
Contract settlement------------------------------------ 102 (b)
State Department------------------ -- 404 (e)
Transfers under sec. 201 (a) (2) and (3) ---------------- 107 (b)
Treasury Department---------------------------------- 102,107
Regulations by :
Excess property, reassignments or transfers of--------------- 202 (f)
Reports to :
Excess property, reassignments or transfers------------------ 202 (f)
Excessive stocking -------------------------------------- 206 (a) (2)
Records management activities----------------------------- 104 (c)
Transfers of funds when functions redistributed-------------- 106
Bureau of Community Facilities. See Community Facilities, Bureau of.
Bureau of Federal Supply. See Federal Supply, Bureau of.
Bureau of Public Roads. See Public Roads, Bureau of.
Bureau of the Budget. See Budget Bureau.
Care and handling :
Definition of------------------------------------------------------ 3 (h)
Excess property--------------------------------------- 202 (b) (3), (h)
Surplus property----------------------------------------------- 203 (b)
Carriers
Authority of Administrator to represent agencies in connection
with----------------------------------------------------- 201 (a) (4)
Catalog system, uniform :
Coordination with military departments-------------------- 206 (a) (3)
Establishment authorized------------------------------------ 206 (a) (3)
Utilization by Federal agencies--------------------------------- 206 (b)
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Section
Civil remedies and penalties ------------------------------------------- 209
Classification and identification of property :
Authority to prescribe policies and methods__________________ 201 (a) (1)
Uniform catalog system -------------------------------- 206 (a) (3), (b)
Colleges :
Procurement for without advertising ------ :-__---------------- 302 (c) (5)
Transfer of surplus property to_____________________________ 203 (j), (k)
Collusion among bidders --------------------------------------------- 302 (d)
Commerce, Secretary of.
Determination of with respect to importation of foreign excess.
property----------------------------------------------------- 402 (a)
Commissions, warranty concerning__________________________________ 304 (a)
Commodity Credit Corporation :
Prices and quantity limits to govern disposals of surplus farm
commodities------------------------------------------------- 203 (h)
Community Facilities, Bureau of :
Applicability of existing regulations and procedures---------------- 501
Status of transferred employees--------------------------- ----- 108
Transfer of functions, personnel, etc----------------------- 103 (a),
107 (a)
Competition among bidders_________________________________________
303 (a)
Comptroller General of the United States :
Audits by :
General Supply Fund ____________________________.-_-_-
109 (e)
Property accounts and transactions__________________________ 206 (c)
Property accounting systems, functions in connection with --------- 205 (b)
Congress:
Reports to
Accounting principles and standards, failure to comply with___ 205 (b)
Annual report by Administrator------------------------------- 210
Excess property____________________________________________ 202 (f)
Foreign------------------------------------------------ 404 (d)
Excessive stocking------------------------------------- 206( a) (2)
Experimental or developmental work, contracts for ------- 302 (c) (10)
Foreign excess property ------------------------------------ 404 (d)
General Supply Fund------------------------------- ------ 109 (e)
Records management activities -------------------------- 104 (c) (3)
Small-business concerns, declarations of policy concerning procurement
through------------------------------------------------------ 302 (b)
Construction or repair of buildings, roads, etc________________________ 302 (e)
Consultants, employment of_______________________________________ 208 (b)
Consultation with Federal agencies_________________________________ 205 (h)
Contingent fees, warranty concerning------------------------------- 304 (a)
Contract Settlement, Director of :
Transfer of functions ------------ ..------------- ------------------ 102 (b)
Contract Settlement, Office of :
Applicability of existing regulations and procedures_______________ 501
Status of transferred employees__________________________________ 108
Transfer of functions, personnel, etc_____________________ 102 (b), 10T (a)
Contract Settlement Advisory Board :
Applicability of existing regulations and procedures________________ 501
Status of transferred employees ------------------------ _---------- 108
Transfer of functions, personnel, etc____________________ 102 (b), 107 (a)
Contracting, authority to prescribe policies and methods ------------ 201 (a) (1)
Contractor inventory:
Definition of---------------------------------------------------- 9 (k)
Disposal of----------------------------------------------------- 203 (f)
Contracts (see also Contracts and purchases under Procurement) :
Award of---------------------------------------------- ------
303 (b)
Advance payments----------- -----------------------------
305
Advertising --------------------------------------------------- 302
(c), 303
Exemption from R. S. 3709-------.------------------------
310.
Exemption limit raised ----------------------------- ------
502 (e)
Building construction and repair-
302 (e)
Cost plus fixed fee, when used __-_
-_
304 (b)
Cost plus percentage of cost, not
304 (b)
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Contracts-Continued Section
Crediting of proceeds of sale_______________________________ 204 (d)
Delegation of power concernin------------------------------ 302 (a), 307
Forms of----------------------------------------------- -- - - 304
Inspection of contractor's books --------------------------------- 304 (b)
Liquidated damages, waiver of----------------------------------- 306
Negotiated. See Contracts and purchases under procurement.
Public utility services, duration------------------------- --- 201 (a) (3)
Small business, policy respecting-------------------------------- 302 (b)
Stationery and supplies, exemption from 1 year requirement----_--- 310
Statutes:
Continued in effect -------------------------------------------- 308
of applicable----------------------------------------------- 310
Waiver of liquidated damages --------------- __-_--_ 306
----------------
otton goods, surplus, disposal of----------------------- 203 (g), (li), 402 (a)
Courts, jurisdiction of----------------------------------
Credits, foreign. See Foreign currencies and credits. 209 (c)
Critical or strategic material, acceptance in lieu of cash--------------- 204 (e)
Currencies, foreign. See Foreign currencies and credits.
D
Damages, liquidated, waiver of-----------------------
Declaration of olic - - - 306
P of - -- -- - ----- --- - -- - - 2
Defense, Secretary of
Allocation by of surplus property for transfer to military, naval
schools, etc------------- 203 (j) (3)
Authority to enforce compliance, amend instruments of transfer, grant
releases i------____-- 203 (k) (2)
Authority to exempt National Military Establishment______________ 201 (a)
Determination by as to surplus property usable for educational
purposes ------------------------------------------------- 203 (j) (3)
Definitions:
Administrator -------------------------- --- 3 (c)
-----------------------
Agency. See Executive agency ; Federal agency, below.
Agency head--------------------------------------- ------- 309 (a)
Care and handling--------------------------------- ------------- 3 (h)
Contractor inventory---------------- - 3 (k)
Excess property (see also Foreign excess property)________________ 3 (e)
Executive agency------------------------------------------------ 3 (a)
Federal agency---------------------- --
3 (b)
Foreign excess property------------------------------------------- 3 (f)
Nonpersonalservices -----------------------------
Person -------------- ----- 3 (j)
Property (see also Excess property ; Foreign excess property ; Surplus
property) ----------------------------------------------------- 3 (d)
Supplies-------------------------------- -------------- 309 (b)
Surplus property --' -
------------------------------------------------- 3 (g)
Delegations of authority. See Authority.
Deposit account, special (see also General Supply Fund)
Proceeds from transfer or disposition of property, deposit in -------- 204 (c)
Foreign disposals-------------------------------------------- 403
Destruction of property-------------------------------
Foreign excess pro ert ------- --
Disposal of : P y------------------------------------------ 4 402
0
Property. See Excess property, Surplus property.
Records. See Records and records management.
District of Columbia, government of :
General Supply Fund available for use of___________________ 109 (f)
Procurement for------------------------------------------------ 201 (b)
Transfer of surplus property to_____-----__-_ -_ 203 (j) (k)
Division of the Federal Register. See Federal Register, Division of.
Documents, execution of in disposals----------------------- 203 (c), (d)
Amendments or corrections_______________________ 2'03 (k) (2) (ii)
Donation iof property disposals to public bodies, schools, etc-------------- 202 (h), 203 (j)
Foreign disposals--------------------
----------------------------- 402
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Educational institutions, procurement for without advertising-___-- 302 (c) (5)
Educational purposes, disposal of surplus for---------------------- 203 (j), (k)
Effective date-------------------------------------------------------- 505
Eight-hour law, effect of---------------------------------------------- 308
Employees. See Personnel.
Excess property :
Abandonment, destruction, or donation--------------------------- 202 402
Foreign _____________
Authorities not affected by Act----------------------------------- 502 (d)
Care and handling of----------------------------------- 202 (b) (3),(h)
Definition of-------------------------------------------- -- 3 (e)
Foreign ----------------------------------------------------- 3 (f)
Disposal under previous Acts not affected-------------------- 502 (d) (18)
Donation------------------------------------------------------202 (h)
Foreign -----------------------------------------------------
------------------------------------------- ------ 402
Executive agencies, responsibilities of-------------------- 202 (b), (c), 401
Fair value----------------------------------------------------- 202 (e)
Foreign: 402
Donation of--------------------------------------------------
Executive agencies, responsibilities of-------------------------- 401
Delegations and redelegations of authority by ------------ 404 (b)
Employment of personnel by----------------------------- 404 (c)
Reports to be submitted by------------------------------ 404 (d)
General provisions------------------------------------------- 401
Methods and terms of disposal-------------------------------- 402
Policies to be prescribed by President----------------------- 404 (a)
Proceeds from disposition of----------------------------------403
State Department :
Authority of Secretary of State---------------------- 401 (d)
Continuing functions of______________________________ 401 (c)
Foreign credits or currencies acquired by----------------
Transfer of records, personnel, etc., from----------------- 404 (e)
Inventory and accountability----------------------------------- 202 (b)
National Military Establishment, excess property in______________ 202 (d)
Obtaining ----------------------------------------------------- 202 (c)
Office, storage, use--------------------------------------------- 202 (g)
Policies and methods, to be prescribed-------------------------- 2202 (a)
02 (a)
Foreign disposals-----------------------------------------
Proceeds from transfers. See main heading Proceeds from dis-
posals or transfers.
Real property, temporary assignment or reassignment of ---------- 202 (g)
Reassignment of. See Transfer below.
Regulations governing (see also Policies and methods above) __ 202 (b) (4),
(e), (f)
Reports concerning------------------------------------ 202 (b) (2),'(f)
Foreign __-__ 404 (d)
---------------------------------------
Transfer or reassignment of excess: 202 (a)
Administrator to provide for------------------- 202 (e)
At fair value---------------------------------------------
Between executive agencies---------------------------------- 202
In National Military Establishment-------------------------- 202 (d)
Proceeds from. See main heading Proceeds.
Real property--------------- ----------------- 202 (g)
Reporting of to Congress and Budget Bureau------------- 202 (f)
Without reimbursement----------------------------------
Exchanges or sales of similar items, authority of executive agencies---_ 201 (a)
Executive agency, definition of--------------------------------------
Experimental and developmental work, procurement for without
advertising ------------------------------------------------- 302 (c) (10)
Experts, employment of--------------------------------------------- 208 (b)
F
Fair value, transfers of excess property to be at--------------- ------ 202 (e)
Federal agency:
Definition of----------------------------------------------------- 3 (b)
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Federal Property Act: Section
Declaration of policy---------------------------------------------- 2
Effective date--- -= - - - ---- ----- 505
Separability of provisions___________________ ---------------------------------------- 504
Short title-------------------- 1,
Federal Register, Administrative Committee of the:
Functions of Archivist of the United States with respect to________ 104 (a)
Transfer to General Services Administration________________104 (b)
Federal Register, Division of the :
Functions of Director, transfer to Administrator of General Serv-
ices------------------------------------ -------------------- 104 (a)
Federal Security Administrator :
Allocation by of surplus property for transfer to schools, colleges,
etc ---------------------------- _- 203 (3) (2)
Authority to enforce compliance, amend Instruments of transfer, grant
releases ------------------------------------------------- 203 (k) (2)
Determination by as to surplus property usable for educational
purposes ------------------------------------------------- 203 (j) (2)
Disposal by of surplus real property for educational and public health
purposes------------------------------------------------- 203 (k) (1)
Federal Supply, Bureau of:
Abolishment of Bureau and Office of Director------------- ----- 102 (a)
Applicability of existing regulations and procedures----___- _ 501
To prices paid by requisitioning agencies---------------------- 109 (b)
Status of transferred employees______________ ................................... 108
Transfer of functions, personnel, etc---------------- 102 (a), (c), 107 (a)
Federal Works Administrator:
Abolishment of office of Administrator and Assistant Adminis-
trator ------------------ _ ---------------------------------- 103 (b)
Transfer of functions to Administrator of General Services ------- 103 (a)
Federal Works Agency:
Abolishment ______________ _- 103 (b)
Applicability of existing regulations and procedures--------------- 501
Status. of transferred employees__________________________________ 108
Transfer of functions, personnel, etc--------------------- 103 (a),107 (a)
Fees, limitation on---------------------- 304 (b)
Findings, written, basis for determination and decisions--------------- 307 (c)
Foods, surplus, disposal of------------------------------------ 203 (g), (h)
Foreign----------------------- ----- ......................... 402 (a)
Foreign currencies and credits:
Administration of disposal proceeds in form of ------------ 401 (C), 403 (a)
Disposal of foreign excess property for------------------------- 402 (b)
Use of by Secretary of State__________________________ __ 401 (b), (c)
Foreign excess property. See Excess property.
Foreign Service Buildings Act, use of foreign currencies and credits
to effectuate---------------------
----------------
orms: 401 (b)
Authority to prescribe ------------------------------------- 206 (a) (4)
General Supply Fund available for purchase of ------------- 109 (a) (1)
Standardization of------------- - 206 (a) (4)
----------------------
Franklin D. Roosevelt Library, Board of Trustees of :
Functions of Archivist of the United States with respect to -------- 104 (a)
Transfer to General Services Administration--------------------- 104 (b)
Fuel yards, authority of Administrator to operate-------- ------ 201 (a) (2)
Functions :
Authority of Administrator to redistribute___________ __________ 103
Determinations by Budget Bureau with respect to matters relating
to transfers------------------------------------ - -- 102, 107
Performance by other agencies--------------------- --_-205 (e)
Transfers. See name of specific agency transferred.
Funds:
See also General Supply Fund.
Determinations by Budget Bureau with respect to trans-
fers---------------------------------------- 102 (h), (c), 107, 205 (f)
Reports to Budget Bureau with respect to transfers within General
Services Administration------------------------- ----------------------------------------- 106
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Funds-Continued
Transfers : Section
To executive agencies, foreign disposal, functions transferred
from State Department---------- ----------------------- 404 (e)
To General Services Administration :
Federal Register, Adminstrative Committee ------------ 104 (b)
Federal Supply, Bureau of----------------------------- 107 (a)
Federal Works Agency --------------------------------- 107 (a)
Franklin D. Roosevelt Library, Board of Trustees -------- 104 (b)
National Archives Council----------------------------- 104 (b)
National Archives Establishment----------------------- 107 (a)
National Archives Trust Fund Board------------- ---- 104 (b)
National Historical Publications Commission ------------ 104 (b)
Treasury Department--------------------- 102 (b), (c), 107 (a)
War Assets Administration_____________________________ 107 (a)
Within General Services Administration, authority of Administra-
tor to make----------------------------------------------- 100
General Accounting Office :
Audits by:
General Supply Fund-------------------------------------- 100 (e)
Property accounts and transactions________________________ 206 (c)
Findings to be submitted to-------------------------------------- 307 (c)
Principles and standards to be established by Comptroller
General----------------------------------------------------- 205 (b)
Procurement authority delegations, notices concerning to be furnished
to----------------------------------------- ----------- 302, 302 (a)
Property accounting systems, examination by --------------------- 205 (b)
General Services Administration :
Administrator. See Organization Mow.
Establishment------------------------------------------------- 101 (a)
Functions:
This index generally.
Redistribution of, powers of Administrator-------------------- 106
Retention of certain supply functions in Treasury Department__ 102 (c)
Transfers to. See Transfers under Organization.
Organization :
Administrator :
Appointment ------------------ ------------------------- 101
(b)
Performance of functions pending first appointment-----_ 101
(d)
Salary-------------------------------------------- 101
(d),
(e)
Deputy Administrator :
Appointment-------------------------------------------
101
(c)
Functions----------------------------------------------
101
(c)
Salary ----------------- -------------------------------
101
(e)
Transfer of Public Roads Bureau to Commerce Department- 103 (a), note
Transfers of functions, funds, personnel, records, etc., to.:.
Appeal Board established under. Contract Settlement Act_ 102 (b),
107(a)
Community Facilities, Bureau of------------ -- 103
(a),
107 (a)
Contract Settlement, Office of-------------------- 102
(b),
107 (a)
Contract Settlement Advisory Board ------------ 102
(b),
107 (a)
Federal Register, Administrative Committee of--. -------
104 (b)
Federal Register, Division of---------------------------
104 (a)
Federal Supply, Bureau of----------------- 102 (a),
(c),
107 (a)
Federal Works Agency------------------------- 103
(a),
107 (a)
Franklin D. Roosevelt Library, Board of Trustees of ------
104 (b)
National Archives Council-----------------------------
104 (b)
National Archives Establishment ---------------- 104 (a), 107 (a)
National Archives Trust Fund Board-------------------- 104 (b)
National Historical Publications Commission ----------- 104 (b)
Public Buildings Administration_______________ 103
(a),
107 (a)
Public Roads Administration------------------- 103
(a),
107 (a)
Treasury Department ------------------------------
102,
107 (a)
Under see. 201 (a) (2) or (3) -------------------------
107 (b)
War Assets Administration------------------------------
105
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General Services Administration-Continued
Personnel : Section
Employment of---------------------------------------- 208, 404 (c)
Status of transferred employees------------------------------- 108
Salaries---------------------------------------------------- 101 (d), (e)
Status of transferred employees ------------------------------------- 108
General Supply Fund:
Advance payments----------------------------------------- 109 (b), (c)
Audit by Comptroller General----------------------------------- 109 (e)
Authorized---------------------------------------------------- 109 (a)
Capital------------------------------------------------------- 109 (a)
Composition--------------------------------------------------- 109 (a)
Costs :
Payment from--------------------------------------- 109 (a) (2), (f)
Recovery of--------------------------------------------- 109 (b), (f)
Creation------------------------------------------------------- 109 (a)
Damaged or lost property,:refunds ------------------------------ 109 (e)
Deposit account, special---------.------------------------------- 109 (d)
District of Columbia government-------------------------------- 109 (f)
Government corporations, mixed ownership---------------------- 109 (f)
Indirect costs--------------------------------------------- 109 (a) (2),(f)
Invoices, itemized---------------------------------------------- 109 (b)
Non-Federal agencies -------------------------------------- ____ 109 (f)
Overhead costs----------------------------------------- 109 (a) (2),(f)
Payments by agencies------------------------------------------ 109 (b)
Prices---------------------------------------------------- 109 (b),(f)
Purposes------------------------------------------------- 109 (a), (f)
Refunds or recoveries------------------------------------------ 109 (c)
Report to Congress by Comptroller General----------------------- 109 (e)
Special deposit account---------------------------------------- 109 (d)
Surplus to miscellaneous receipts------------------------------ 109 (e)
Transfer and counterwarrant-----------------------------------
Government corporations, mixed-ownership :
Definition of--------------------------------------------------- 201 (b)
General Supply Fund available for use of------------------------ 109 (f)
Procurement for----------.------------------------------------- 201 (b)
Provisions not applicable to------------------------------------ 502 (c)
Hospitals, transfer of surplus real property to---------------------- 203 (k)
House of Representatives :
Procurement for at request of----------------------------------- 201 (b)
Identification and classification of property, policies and methods-_- 201 (a) (1)
Uniform catalog system-------------------------------- 206 (a) (3),(b)
Importation of foreign excess property------------------------------ 402 (a)
Indirect costs. See General Supply Fund.
Inspection, policies and methods-------------------------------- 201 (a) (1)
Interior, Secretary of :
Authority to enforce compliance, amend instruments of transfer,
grant releases------------------------------------------- 203 (k) (2)
Inventory controls, agencies to maintain----------------------------- 202 (b)
Inventory levels, establishment---------------------------------- 206 (a) (2)
Invoices, Itemized. See General Supply Fund.
L
Liquidated damages, waiver of-------------------------------------- 306
Maritime Commission, U. S.:
Disposal of surplus vessels------------------------------------- 2030)
Medical institutions, transfer of surplus real property to-------------- 203 (k)
Medicines and medical supplies, procurement of without advertising-- 302 (c) (6)
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Merchant Marine Act of 1936: Section
Provisions of to govern disposals of surplus vessels-------------- 203 (i)
Military schools, transfer of surplus property to----------------- 203 (j) (3)
Monuments, historic, use of surplus property for---------------- 203 (k) (2)
National Archives. See National Archives Establishment.
National Archives Council :
Applicability of existing regulations------------------------------- 501
Functions of Archivist of the United States with respect to--: ------ 104 (a)
Transfer to General Services Administration-------------------- 104 (b)
National Archives Establishment :
Applicability of existing regulations and procedures--------------- 501
Archivist of the United States :
Appointment---------------------------- ------------------ 104 (a)
Functions ------------------------------------------------- 104 (a)
Federal Register, Division of the :
Functions of Director, transfer to Administrator of General
Services ------------------------------------------------- 104 (a)
Status of transferred employees----------------------------- - - 108
Transfer to General Services Administration-------------- 104 (a),107 (a)
National Archives Trust Fund Board :
Functions of Archivist of the United States with respect to-------- 104 (a)
Transfer to General Services Administration--------------------- 104 (b)
National Historical Publications Commission :
Functions of Archivist of the United States with respect to------ 104 (a)
Transfer to General Services Administration-------------------- 104 (b)
National Industrial Reserve Act of 1948, powers of Secretary of Defense
not affected ------------------------------------------------- 502 (d) (5)
National Military Establishment :
Cataloging activities, coordination with GSA----------------- 206 (a) (3)
Procurement activities, authority of Secretary of Defense to exempt
from actions taken------------------------------------------- 201 (a)
Surplus property of, use for educational purposes-------------- 203 (j) (3)
Transfers of excess property within------------------------------ 202 (d)
Naval and maritime academies, transfer of surplus property to ---- 203 (j) (3)
Negotiated sales, authorized------------------------------------ ---- 203 (e)
d h s
ase
t
s an part
Negotiation of purchases and contracts. See Contrac
Non-Federal agencies, General Supply Fund available for procurement
for--------------------------------------------------------------- 109 (f)
Nonpersonal services:
Authority of Administrator to procure and supply-----------------2031 (a)
Definition of-----------------------------------------------------
0
Offenses. See Penalties.
Office of Contract Settlement. See Contract Settlement, Office of.
Organization. See General Services Administration.
Overhead costs. See General Supply Fund.
P
Parks, recreation areas, etc., use of surplus property for ----------- 203 (k) (2)
Penalties: 209 (b)
Civil------------------------------------------------ _____
Criminal------------------------------------------------------- 209 (d)
Fraud against Government-------------------------------------- 209 (b)
Jurisdiction of courts ------------------------------------------ 209 (c)
Liability of Government employees______________________________ 209 (a)
Person, definition of-------------------------------------------------- 3 (i)
Personal property (see also Excess property; Surplus property) :
Authority of Administrator to procure and supply______________ 201 (a)
Catalog system for----------------------------------------- 206 (a) (2)
Exchanges or sales---------------------------------------- - 201 (c)
Personal services, procurement of without advertising_____________ 302 (c) (4)
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Personnel : Section
Appointments under sec. 5 (b) of Surplus Property Act of 1944 ------ 105
Employment of -------------------------------------------- 208,404 (c)
Experts --------------------------------------------------- 208 (b)
From other agencies---------------------------------------- 208 (c)
Outside continental limits ---------------------------------- 404 (c)
Liability under sales ------------------------------------------- 209 (a)
Status of transferred employees-------------------------- ------ 108
Transfers of, generally ----------------------------------------- 205 (f)
Federal Supply, Bureau of----------------------------- 102 (a), (c)
Federal Works Agency------------------------------------- 103 (a)
National Archives Establishment___________________________ 104 (a)
State Department------------------------------------------- 404 (e)
Treasury Department-----------__----__----_ _------ 102
-----------
War Assets Administration ------------------------------------ 105
Policies. See Regulations.
Policy and purpose, declarations of------------------------------------- 2, 301
President, The :
Designation of Acting Administrator pending first appointment-_-- 101 (d)
Exemption of actions by, with respect to :
Any executive agency ---------------------------------- 502 (d) (19)
National Military Establishment ----------------------------- 201 (a)
Foreign disposal agreement functions of State Department, determina-
tion of---------------- _ 401 (d)
Policies and directives to be prescribed by________________ 205 (a), 404 (a)
Power to fix rates of compensation-------------------------------- 101 (e)
Prices. See General Supply Fund.
Proceeds from disposals or transfers :
Abandoned property--------------------------------------------- 203 (1)
Agricultural commodities_____________ --------------------------------------- 203 (h)
Coverage into Treasury as miscellaneous receipts----------------- 204 (a)
Foreign disposals ----------------------------------- 401 (c), 403 (b)
Credit management ------------------------------ -_ 204 (f)
Credit to cost of work covered by contract ____________ ______ __ 204 (d)
Credit to reimbursable fund or appropriation--------------------- 204 (b)
Deposit in special account---------------------------------- 204 (c), 403
Foreign disposals ------------------------------------------- 401 (c), 403
General Supply Fund credited with -_ _- 109 (c)
Strategic or critical materials, acceptance in lieu of cash ------------ 204 (e)
Procurement, warehousing, and related activities :
Administrative determinations and delegations_____________________ 307
Advance payments_____________ _ 305
----------------------------------
Advertising. See Contracts and purchases below.
Agency head, defined------------------------------------ ------ 309 (a)
Antitrust laws, violation shown by bids__________________________ 302 (d)
Applicability of Title III----------------------------------------- 302 (a)
Authority, delegation of_____________________________ 302 (a), 307 (a), (b)
Notices concerning to be furnished to General Accounting Office- 302 (a)
Authority of Administrator to :
Extend services to mixed ownership corporations, District of Co-
lumbia government, or Congress___________________________ 201 (b)
Operate warehouses, supply centers, repair shops, etc ------ 201 (a) (2)
Prescribe policies and methods______________________ __ 201 (a) (1)
Prescribe regulations governing exchanges or sales ------------ 201 (c)
Procure and supply personal property and nonpersonal serv-
ices---------------- ---------- 201 (a) (3)
Represent agencies in matters involving carriers and public utili-
ties--------------------------------------------------- 201 (a) (4)
Buildings or improvements --------------------------------------- 302 (e)
Contracts and purchases :
Advance payments -------------------------------------------- 305
Advertising (see also Negotiation below) ------------------- 302 (c), (e)
Exemption from R. S. 3709 --------- ------
310
Requirements ---------------------------------------------- 303
------------- =-
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Procurement, warehousing, and related activities--Continued
Contracts and purchases-Continued
Amounts not exceeding :
Section
$500 -------------------------------- 302 (c) (3)
$1,000---------------------------------------------- 302 (c) (3)
Amounts over $10,000--------------------------------------
302 (b)
Annulment for breach of warranty__ ------------------------------
804 (a)
Architectural services -_______-_----------------------------
304 (b)
Auditing contractors books----------------------------------
304 (b)
Brokerage fees-------------------------------------------=-
304 (a)
Commissions, contingent fees, etc----------------------------
304 (a)
Cost-plus-a-fixed-fee --------------------------------------
804 (b)
Cost-plus-a-percentage-of-cost-------------------------------- 304 (b)
Engineering services ---------------------------------------- 804 (b)
Fees for experimental, developmental or research work -------- 304 (b)
Incentive-type----------------------------------------------- 304 (b)
Inspection of contractors' plans ------------------------------ 304 (b)
Negotiation of ;
Advance publicity, amounts in excess of $10,000__---_-____-302 (b)
Contract requirements----------------------------------- 304
Preservation of data with respect to--------------------- 307 (d)
When authorized--------------------------------------- 302 (c)
Amounts not exceeding $1,000-------------------- 302 (c) (3)
Buildings, roads, sidewalks, etc---------------------- 302 (e)
Character and ingredients not to be disclosed-_-_ 302 (c) (11)
Competition impractical to secure------------ ____ -802 (c) (9)
Developmental work or test-------------------- 302 (c) (10)
Educational institutions, services rendered by ---- 302 (c) (5)
Experimental, developmental or research work or
test----------------------------------------- 302 (c)
(10)
Foreign procurement and use.--------------------
802 (c)
(6)
Medicine and medical supplies------------- -----
302 (a)
(7)
National emergency, period of--------------------
302 (c)
(1)
Personal services------------------------ ------ 302 (c) (4)
Professional services---------------------------- 302 (c) (4)
Public exigency not admitting of delay ------------ 302 (c) (2)
Rejected bids---------------------------------- 302 (c) (13)
Research work or test-------------------------- 302 (c) (10)
Supplies for resale------------------------------ 302 (c) (8)
Technical equipment--------------------------- 302 (c) (12)
Plans, right of procuring agency to inspect------------------ 304 (b)
Preservation of findings and data with respect to--------- 307 (c), (d)
Purchase order exceeding $25,000 or 5 percent, advance noti-
fication by contractor------------------------------------- 304 (b)
Small-business concerns------------------------------------- 802 (b)
Stationery and supplies, exemption from one-year requirement-_ 310
Subcontraets ----------------------------------------------- 304 (b)
Waiver of liquidated damages-------------------------------- 306
Warranty by contractor as to payment of commission, percentage,
etc------------------------------------------------------ 304 (a)
Costs of, payment from General Supply Fund, See General Supply
Fund.
Darnages,liquidated, waiver of------------------------------------ 306
Declaration of purpose of Title III-------------------------------- 301
Functions and duties of Administrator with respect to. See Authority
above.
General Supply Fund. See main- heading General Supply Fund.
National Military Establishment, authority of Secretary of Defense
to exempt---------------------------------------------------- 201 (a)
Negotiated contracts and purchases. See Contracts and purchases above.
Polices and methods, authority of Administrator to prescribe-- 201 (a) (1)
Public buildings or improvements------------------------------- 302 (e)
Purchases. See Contracts and purchases above.
Purpose, declaration of------------------------------------------- 301
Small-business concerns---------------------------------------- 302 (b)
Statutes relating to procurement :
Continued in effect------------------------------------ 308, 502 (d)
Not applicable------------------------------------------------ 310
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Procurement, warehousing, and related activities-Continued Section
Supplies, defined------------------------------------------------- 309 (b)
Waiver of liquidated damages------------------------------------- 306
Professional services, procurement of without advertising ---------- 302 (c) (4)
Property (see also Excess property ; Personal property ; Real property ;
Surplus property).
Definition of--------------------------------------3 (d), (e), (f), (g)
Property management practices, surveys authorized--------------- 200 (a) (1)
Property utilization, See Excess property.
Public buildings, authorization required------------------------------ 302 (e)
Public Buildings, Commissioner of :
Abolishment of office of------------------------------------------ 103 (b)
Procedures, policies, and directives of, continued in effect---------- 501 (c)
Transfer of functions------------------------------------------ 103 (a)
Public Buildings Administration :
Abolishment---------------------------------------------------- 103 (b)
Applicability of existing regulations and procedures--------------- 501 (c)
Commissioner of. See Public Buildings, Commissioner of.
Construction or repair of buildings------------------------------- 302 (e)
Property management survey authorized------------------------- 206 (a)
Space, assignment, and reassignment---------------------------- 202 (g)
Status of transferred employees----------------------------------- 108
Transfer to Commerce Department------------------------- 103 (a), note
Transfer of functions, personnel, etc---------------------- 103 (a), 107 (a)
Public health, use of surplus real property for -------------------------- 203 (k)
Public improvements, authorization required-------------------------- 302 (e)
Public Printer :
Forms and blankbook work, purchase from or through ---------- 109 (a) (1)
Public Roads, Bureau of:
Applicability of existing regulations and procedures------------------ 501.
Redesignation as ---------------------------------------- ------ 10'9 (a)
Status of transferred employees----------------------------------- 108
Transfer to Commerce Department------------------------ 103 (a), note
Transfer to General Services Administration-------------- 103 (a), 107 (a)
Public Roads, Commissioner of :
Procedures, policies, and directives of, continued in effect ---------- 501 (c)
Transfer of functions-------------------------------------- 103 (a.), note
Public Roads Administration. See Public Roads, Bureau of ; Public Roads,
Commissioner of.
Public utilities, authority of Administrator to represent agencies in con-
nection with-------------------------------------------------- 201 (a) (4)
Public utility services :
Contracts for, duration------------------------------------- 201 (a) (3)
Management of, Administrator to prescribe policies and methods- 201 (a) (1)
Negotiations for -------------------------------------------- 201 (a) (4)
Purchase specifications, standard :
Authority to prescribe--------------------------------------- 206 (a) (4)
Utilization by Federal agencies---------------------------------- 200 (b)
Real property (see also Excess property ; Surplus property) :
Space in, temporary assignments or reassignments---------------- 202 (g)
Reassignments of excess property. See Excess property.
Records :
See also Records management.
Transfers to General Services Administration in connection with
transfers of functions. See name of specific agency.
Records management :
Central storage of noncurrent records------------------------ 104 (c) (2)
Controls, improved, promotion in cooperation with executive
agencies-------------------------------------------------- 104 (c) (2)
Disposal practices, surveys authorized------------------------ 104 (c) (1)
Disposition of noncurrent records--------------------------- 104 (c) (2)
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Records management-Continued Section
Reports :
From Federal agencies to Administrator of General Services- 104 (c) (1)
To Budget Bureau-------------------------------------- 104 (c)
104 (c) (3)
To Congress-------------------------------------------
Storage, central, of noncurrent records-----------------------1104 (c) (1)
Surveys authorized------------------- -----------
Redelegations of authority. See Authority.
Regulations, policies, directives, etc.:
Administrator, general authority to prescribe regulations--______ 205 (c)
Under other statutes--------------------------------- 502 (d) (18)
Contractor inventory, disposal of------------------------------- 203 (f)
Donations or assignments for educational or other purposes---- 203 (j1) (1),
Exchanges of personal property-------------------------------- 201 (c)
Executive agencies, issuance of orders and directives by ----------- 205 (c)
Property accounting --------------------------------------------- 205 (b)
President to prescribe policies and directives ------------ 205 (a), 404 (a)
Transfers of excess property------------------------------- 202 (b), (f)
Repair shops, authority of Administrator to operate------------- 201 (a) (2)
Repairing and converting, Administrator to prescribe policies and
methods---------------------------------------------------- 201 (a) (1)
Repeal and savings provisions---------------------------------------- 502
Reports to be submitted :
Accounting principles and standards, failure to comply with ------- 205 (b)
Annual report of ---------------------------------- 210
property in executive agencies ______________- 202 (b) (2)
Excessive stocking ----------------------------------------
or development work, contracts for ----------- 302 (c) (10)
Foreign disposals---------------------------------------------- 404 (d)
General Supply Fund------------------------------------------ 109 (e)
Property and property management practices----------------- 206 (a) (1)
Reassignments or transfers of property------------------- 202 (f)
Records management activities--------------------------------- 104 (c)
Research :
Disposal of surplus real property for----------------------------- (203 ((k)
Procurement for without advertising ---------------------- 302 Roosevelt Library, Board of Trustees of:
Functions of Archivist of the United States with respect to -------- 104 (a)
Transfer to General Services Administration -------------------- 104 (b)
S
502
Savings provisions---------- -------------------------------------
Schools, transfer of surplus property to------------------------- 203 (j), (k)
Senate: (b)
Procurement for at request of----------------- ____-_ _-_ 201 (b)
Separability of provisions---------------------------------- ------
----------- 1
Short title--------------------------- ----------------
Small business concerns, fair proportion of procurement to be through-- 302 (b)
Space in excess real property, assignment and reassignment-------__- 202 (g)
Special deposit account (see also General Supply Fund) :
Use in connection with proceeds from disposals or transfers___ 204 (c) ,403
Specifications, purchase. See Purchase specifications. 206
Standardization of practices, forms, etc-------------------------------
State Department:
Foreign excess property functions------------------------------- 401
Transfer of records, personnel, etc., relating to-------------- 404 (e)
States and Territories, transfer of surplus property to ----------- 203 (j), (k)
Statutes: (d)
Continued in effect---------------------------- __ 308, 502 (d31)
Not applicable------------------------------------------------- _ 502 31
Repealed------------------------------------------------------
Stenographic services, employment of--------------------------- 208 (b)
Storage, policies and methods--------------------------------- 201 (a) (1)
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Storage of records. Sec Records and records management. Section
Strategic or critical material, acceptance in lieu of'
f cash_______________ 204 (e)
Supplies and services (see also Excess property; Procurement; Surplus
property) :
Definition----------------?------------------------------=--- 309 (b)
General Supply Fund __-___.__--__.--_---___ _ 109
Inventories-------------------------------------------------------206 (a.)
----------------
Uniform catalog and purchase------------------------------ _206 (a), (b)
Supply centers :
Authority of Administrator to operate________________________ 201 (a) (2)
Surplus property, definition of_____________________________
Surplus property, disposal of: ---- 3 (g)
Abandoned property on premises________________________________ 203 (1)
Abandonment of------------------------------------------------ 202 (h)
Advertising ---------------------------------------------------- 203 (e)
Agricultural commodities----------------------------------- 203 (g), (b)
Antitrust laws, applicability of_____________ 207
Armed forces, use by. See Educational, public health, and other
purposes.
Authorities not affected by Act ----------------------------------- 502 (d)
Books, donations of for educational purposes--------------------- 203 (j)
Care and handling of----------------------- 203 (b)
Compliance with terms of transfer, enforcement._____________ 203 (k) (2)
Contractor inventory _____--_--__-_ 203 (f)
Cotton goods---------------------------------------------- 203 (g),(h)
Destruction of_____________ -_ __ 202 (h)
Direction and supervision of_____________________________ _______ 203 (a)
Documents regarding : '"'
Amendment, enforcement of------------------------ --- 203 (k) (2)
Execution of------------------------------------------- 203 (c), (d)
Releases from------------------------ ------------------------------------- 203 (k) (2) (iii)
Donations of________________ __ 202 (h), 203 (J)
Educational public health, and other purposes, usefor :
Books, equipment, supplies, etc., donations of_________________ 203 (j)
Compliance with terms of transfer, enforcement----____ 203 (k) (2) (1)
Correction or amendment of instruments------------- 203 (k) (2) (ii)
Determination as to usability or need to be made by :
Federal Security Administrator______________ 203 (j) (2), (k) (1)
Secretary of Defense____________________________ _ 203 (J) (3)
Parks and recreational areas_________________________ __ 203 (k) (2)
Public health purposes -------------------------------------- 203 (k)
Real property ---------------------------------------------- 203 (k)
Release of conditions in disposa.linstruments_-___---- 203 (k) (2) (iii)
Research --------------------------------------------------- 203 (k)
Training of armed forces_______________________`203 (k) (2)
Foods----------------------------------------------------- 203 (g), (h)
Foreign. See Excess property.
General provisions_________________________________ 203 (a)
Instrument of conveyance, effect of______________ -
----------- 203 (d)
Compliance with--------------------------------- __ 203 (k) (k) (2)
Merchant vessels________________________ 203(l)
Methods -------------- _------- _ 203 (c)
Parks and recreation areas, use for. See Educational, public health,
and other purposes.
Proceeds from. See main healing Proceeds from disposals or transfers.
Public health purposes, use for. See Educational, public health, and
other purposes.
Regulations governing:
Contractor inventory ---------------------------------------- 203 (f)
Donations or assignments for educational, public health, and other
purposes:
Personal property----------------------------------- 203 (j)
Real
ro
t
(1)
p
per
y__________________ 203 (k)
Research, use for. See Educational, public health, and other purposes.
(1)
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 Appraved
Training and maintenance of civilian components of armed forces. See
Educational, public health, and other purposes. -
Vessels of 1,500 gross tons or more----------------------------- 203 (1)
Woolen goods---------------------------------------------- 203 (g), (h)
Surplus Property Act of 1944:
Amendment or reformation of disposal instruments-_------ 203 (k) (2) (u)
Applicability of existing regulations and procedures under-------- 501
-- Credit, extension under----------------------------------------- 204 (f)
Enforcement of terms of disposal-------------------------203 (k) (2) (i)
.Foreign currencies and credits, use of to effectuate sec. 32 (b) (2)
of----------------------------------------------------------- 401 (b)
Personnel appointed under see.5 (b) of---------------------------- 105
Release of conditions in disposal instruments------------- 203 (k) (2) (iii)
Repeal of-------------------------------------------------- 502 (a) (1)
Surveys authorized or required :
Property------------------------------------------------------ 202 (b)
Management practices---------------------------------- 206 (a) (1)
Records-------------------------------------------------------- 104 (c)
Technical equipment, procurement of without advertising-------- 302 (c) (12)
Territories. See States.
Trade-ins ---------------------------------------------------------- 201 (c)
Traffic management, policies and methods---------------------- 201 (a) (1)
Transfer and counterwarrant. See General Supply Fund.
Transfer authority, authorization for---------------------------------- 503
Transfers of excess property. See Excess property.
Transportation, policies and methods----------------------------- 201 (a) (1)
Treasury, Secretary of :
Foreign currencies and credits, establishment of procedures gov-
erning----------------------------------------------- 401 (c),403 (a)
Functions, supply and contract settlement, transfer to Administrator
of General Services--------------------------------------------- 102
Treasury. United States:
-Coverage into of proceeds of transfer or disposition of property------ 204
Foreign disposals---------------------------------- 401 (c), 403 (b)
Deposit with in special account of proceeds of disposition or
transfer------------------------------------------------- 204 (c). 403
General Supply Fund. See General Supply Fund.
Treasury Department (see also. Treasury, United States; Treasury, Sec-
retary of):
Applicability of existing regulations and procedures----------------- 501
Bureau of Federal Supply : Abolishment----------------------------------------------- 102 (a)
Applicability of existing regulations and procedures------------ 501.
To prices paid by requisitioning agencies----------------- 109 (b)
Status of transferred employees------------------------------- 108
Transfer of functions, personnel, etc ---------- 102 (a), (c), 107 (a)
Contract settlement functions, transfer--------------------------- 102 (b)
Functions, personnel, records, etc., transfer of--------------- 102, 107 (a)
General Supply Fund, use of special deposit account by disbursing
officers------------------------------------------------------- 109 (d)
Status of transferred employees---------------------------------- 108
U
United States Maritime Commisison :
Disposal of surplus vessels------------------------------------- 203 (i)
Universities :
Procurement for without advertising------------------------- 302 (c) (5)
Transfer of surplus property to----------------------------- 203 (j), (k)
Utilities, public. See Public utility services ; Public utilities.
Utilization of property. See Excess property.
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86
Section
Vessels, surplus, disposal of ------------------------------------------ 203 (i)
Waiver of liquidated damages-----------------------------------------
- 306
Walsh-Healey Act, effect of-------------------------------------------
308
War Assets Administration :
Abolishment ----------------------------------------------------
-ii35
Applicability of existing regulations and procedures-----------------
501
Personnel holding appointments under see.5 (b) of Surplus Property
Act of 1944----------------------------------------------------
1.05
Status of transferred employees----------------------------------
108
Transfer of functions, personnel,etc -------------------------------
105
War Assets Administrator :
Abolishment of and Associate War Assets Administrator -------------
105
Transfer of functions--------------------------------------------
105
Warehouses, authority of Administrator to operate--------------- 201 (a) (2)
Warehousing. See Procurement, warehousing and related activities.
Woolen goods, surplus, disposal of----------------------- 203 (g), (h), 402 (a)
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