
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC481]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                   SUBCHAPTER II--PROPERTY MANAGEMENT
 
Sec. 481. Procurement, warehousing, and related activities


(a) Policies and methods of procurement and supply; operation of 
        warehouses

    The Administrator shall, in respect of executive agencies, and to 
the extent that he 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) subject to regulations \1\ prescribed by the Administrator 
    for Federal Procurement Policy pursuant to the Office of Federal 
    Procurement Policy Act [41 U.S.C. 401 et seq.], 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 management, management of 
    public utility services, and repairing and converting; and
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    \1\ See 1983 Amendment note below.
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        (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 
    procurement and supply such as those mentioned above in subparagraph 
    (1) of this subsection: 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 
    proceedings 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 Department of 
Defense from action taken or which may be taken by the Administrator 
under clauses (1) to (4) of this subsection whenever he determines such 
exemption to be in the best interests of national security.

(b) Extension of services

    (1) 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 section 9101 
of title 31), or the District of Columbia, upon its request.
    (2)(A) Upon the request of a qualified nonprofit agency for the 
blind or other severely handicapped that is to provide a commodity or 
service to the Federal Government under the Javits-Wagner-O'Day Act (41 
U.S.C. 46 et seq.), the Administrator may provide any of the services 
specified in subsection (a) of this section to such agency to the extent 
practicable.
    (B) A nonprofit agency receiving services under the authority of 
subparagraph (A) shall use the services directly in making or providing 
an approved commodity or approved service to the Federal Government.
    (C) In this paragraph--
        (i) The term ``qualified nonprofit agency for the blind or other 
    severely handicapped'' means--
            (I) a qualified nonprofit agency for the blind, as defined 
        in section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C. 
        48b(3)); and
            (II) a qualified nonprofit agency for other severely 
        handicapped, as defined in section 5(4) of such Act (41 U.S.C. 
        48b(4)).

        (ii) The term ``approved commodity'' and ``approved service'' 
    means a commodity and a service, respectively, that has been 
    determined by the Committee for Purchase from the Blind and Other 
    Severely Handicapped \2\ under section 2 of the Javits-Wagner-O'Day 
    Act (41 U.S.C. 47) to be suitable for procurement by the Federal 
    Government.
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    \2\ See References in Text note below.
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(c) Exchange or sale of similar items

    In acquiring personal property, any executive agency, under 
regulations to be prescribed by the Administrator, subject to 
regulations \3\ prescribed by the Administrator for Federal Procurement 
Policy pursuant to the Office of Federal Procurement Policy Act [41 
U.S.C. 401 et seq.], 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 authority of this subsection shall be evidenced in 
writing. Sales of property pursuant to this subsection shall be governed 
by section 5 of title 41, except that fixed price sales may be conducted 
in the same manner and subject to the same conditions as are applicable 
to the sale of property pursuant to section 484(e)(5) of this title.
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    \3\ See 1983 Amendment note below.
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(d) Utilization of services by executive agencies without reimbursement 
        or transfer of funds

    In conformity with policies prescribed by the Administrator under 
subsection (a) of this section, any executive agency may utilize the 
services, work, materials, and equipment of any other executive agency, 
with the consent of such other executive agency, for the inspection of 
personal property incident to the procurement thereof, and 
notwithstanding section 1301(a) of title 31 or any other provision of 
law such other executive agency may furnish such services, work, 
materials, and equipment for that purpose without reimbursement or 
transfer of funds.

(e) Exchange or transfer of excess property

    Whenever the head of any executive agency determines that the 
remaining storage or shelf life of any medical materials or medical 
supplies held by such agency for national emergency purposes is of too 
short duration to justify their continued retention for such purposes 
and that their transfer or disposal would be in the interest of the 
United States, such materials or supplies shall be considered for the 
purposes of section 483 of this title to be excess property. In 
accordance with the regulations of the Administrator, such excess 
materials or supplies may thereupon be transferred to or exchanged with 
any other Federal agency for other medical materials or supplies. Any 
proceeds derived from such transfers may be credited to the current 
applicable appropriation or fund of the transferor agency and shall be 
available only for the purchase of medical materials or supplies to be 
held for national emergency purposes. If such materials or supplies are 
not transferred to or exchanged with any other Federal agency, they 
shall be disposed of as surplus property. To the greatest extent 
practicable, the head of the executive agency holding such medical 
materials or supplies shall make the determination provided for in the 
first sentence of this subsection at such times as to insure that such 
medical materials or medical supplies can be transferred or otherwise 
disposed of in sufficient time to permit their use before their shelf 
life expires and they are rendered unfit for human use.

(June 30, 1949, ch. 288, title II, Sec. 201, 63 Stat. 383; Aug. 10, 
1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591; Sept. 5, 1950, ch. 849, 
Sec. 8(b), 64 Stat. 591; Pub. L. 85-781, Aug. 27, 1958, 72 Stat. 936; 
Pub. L. 91-426, Sec. 1, Sept. 26, 1970, 84 Stat. 883; Pub. L. 93-400, 
Sec. 15(1), (2), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-83, Sec. 10(a), 
Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Secs. 8(d)(1), 9(a)(2), 
Dec. 1, 1983, 97 Stat. 1331; Pub. L. 100-612, Sec. 2, Nov. 5, 1988, 102 
Stat. 3180; Pub. L. 103-355, title I, Sec. 1555, Oct. 13, 1994, 108 
Stat. 3300; Pub. L. 105-61, title IV, Sec. 413, Oct. 10, 1997, 111 Stat. 
1300.)

                       References in Text

    The Office of Federal Procurement Policy Act, referred to in 
subsecs. (a)(1) and (c), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, 
as amended, which is classified principally to chapter 7 (Sec. 401 et 
seq.) of Title 41, Public Contracts. For complete classification of this 
Act to the Code, see Short Title note set out under section 401 of Title 
41 and Tables.
    The Javits-Wagner-O'Day Act, referred to in subsec. (b)(2)(A), is 
act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is 
classified to sections 46 to 48c of Title 41, Public Contracts. For 
complete classification of this Act to the Code, see Tables.
    Committee for Purchase from the Blind and Other Severely 
Handicapped, referred to in subsec. (b)(2)(C)(ii), probably means 
Committee for Purchase From People Who Are Blind or Severely Disabled 
established by section 46 of Title 41, Public Contracts.

                          Codification

    In subsec. (a), ``Department of Defense'' substituted for ``National 
Military Establishment'' on authority of act Aug. 10, 1949, ch. 412, 
Sec. 12(a), (g), 63 Stat. 591.
    In subsec. (d), ``section 1301(a) of title 31'' substituted for 
``section 3678 of the Revised Statutes (31 U.S.C. 628)'' on authority of 
Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first 
section of which enacted Title 31, Money and Finance.
    Section was formerly classified to section 231 of Title 41, Public 
Contracts.


                               Amendments

    1997--Subsec. (b). Pub. L. 105-61 amended subsec. (b) generally, 
substituting present provisions for provisions which related to 
extension of services to Federal agencies, mixed ownership corporations, 
and District of Columbia, and cooperative purchasing.
    1994--Subsec. (b). Pub. L. 103-355 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``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 Government Corporation Control 
Act), or the District of Columbia, upon its request.''
    1988--Subsec. (c). Pub. L. 100-612 inserted provisions that sales of 
property under this subsection be governed by section 5 of title 41, 
with an exception for fixed price sales.
    1983--Subsecs. (a)(1), (c). Pub. L. 98-191 inserted ``and 
regulations'' after ``subject to policy directives'' and then 
substituted ``subject to regulations'' for ``subject to policy 
directives''. A literal execution of both amendments would have resulted 
in phrase reading ``subject to regulations and regulations''.
    1979--Subsecs. (a)(1), (c). Pub. L. 96-83 substituted ``policy 
directives'' for ``regulations''.
    1974--Subsec. (a)(1). Pub. L. 93-400, Sec. 15(1), made authority of 
Administrator to prescribe policies and methods subject to regulations 
prescribed by Administrator for Federal Procurement Policy pursuant to 
Office of Federal Procurement Policy Act.
    Subsec. (c). Pub. L. 93-400, Sec. 15(2), substituted ``the 
Administrator, subject to regulations prescribed by the Administrator 
for Federal Procurement Policy pursuant to the Office of Federal 
Procurement Policy Act, may exchange'' for ``the Administrator, may 
exchange''.
    1970--Subsec. (e). Pub. L. 91-426 added subsec. (e).
    1958--Subsec. (d). Pub. L. 85-781 added subsec. (d).
    1950--Subsec. (b). Act Sept. 5, 1950, struck out ``or the Senate, or 
the House of Representatives,'' after ``District of Columbia,''.


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12 of 
Pub. L. 96-83, set out as a note under section 401 of Title 41, Public 
Contracts.


                         Cooperative Purchasing

    Pub. L. 104-106, div. D, title XLIII, Sec. 4309, Feb. 10, 1996, 110 
Stat. 670, provided that:
    ``(a) Delay in Opening Certain Federal Supply Schedules To Use by 
State, Local, and Indian Tribal Governments.--The Administrator of 
General Services may not use the authority of section 201(b)(2) of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
481(b)(2)) to provide for the use of Federal supply schedules of the 
General Services Administration until after the later of--
        ``(1) the date on which the 18-month period beginning on the 
    date of the enactment of this Act [Feb. 10, 1996] expires; or
        ``(2) the date on which all of the following conditions are met:
            ``(A) The Administrator has considered the report of the 
        Comptroller General required by subsection (b).
            ``(B) The Administrator has submitted comments on such 
        report to Congress as required by subsection (c).
            ``(C) A period of 30 days after the date of submission of 
        such comments to Congress has expired.
    ``(b) Report.--Not later than one year after the date of the 
enactment of this Act [Feb. 10, 1996], the Comptroller General shall 
submit to the Administrator of General Services and to Congress a report 
on the implementation of section 201(b) of the Federal Property and 
Administrative Services Act of 1949 [40 U.S.C. 481(b)]. The report shall 
include the following:
        ``(1) An assessment of the effect on industry, including small 
    businesses and local dealers, of providing for the use of Federal 
    supply schedules by the entities described in section 201(b)(2)(A) 
    of the Federal Property and Administrative Services Act of 1949.
        ``(2) An assessment of the effect on such entities of providing 
    for the use of Federal supply schedules by them.
    ``(c) Comments on Report by Administrator.--Not later than 30 days 
after receiving the report of the Comptroller General required by 
subsection (b), the Administrator of General Services shall submit to 
Congress comments on the report, including the Administrator's comments 
on whether the Administrator plans to provide any Federal supply 
schedule for the use of any entity described in section 201(b)(2)(A) of 
the Federal Property and Administrative Services Act of 1949.
    ``(d) Calculation of 30-Day Period.--For purposes of subsection 
(a)(2)(C), the calculation of the 30-day period shall exclude Saturdays, 
Sundays, and holidays, and any day on which neither House of Congress is 
in session because of an adjournment sine die, a recess of more than 3 
days, or an adjournment of more than 3 days.''


                            Cross References

    Laws not applicable to contracts, see section 260 of Title 41, 
Public Contracts.

                  Section Referred to in Other Sections

    This section is referred to in sections 474, 475, 755, 756, 757 of 
this title; title 10 sections 2381, 12603; title 22 section 2674; title 
25 section 450j; title 28 section 612; title 50 section 491.
