SELECTED PROVISIONS OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Federal Property and Administrative Services Act of 1949". (b) TABLE OF CONTENTS.-The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Declaration of policy. Sec. 3. Definitions. TITLE I-ORGANIZATION Sec. 101. General Services Administration. * Sec. 110. Information Technology Fund. Sec. 111. Automatic data processing equipment. TITLE II-PROPERTY MANAGEMENT Sec. 201. Procurement, warehousing, and related activities. 1 TITLE III-PROCUREMENT PROCEDURE Sec. 301. Declaration of purpose. Sec. 302. Application and procurement methods. Sec. 302A. Simplified acquisition threshold. Sec. 302B. Implementation of simplified acquisition procedures. Sec. 303. Competition requirements. Sec. 303A. Planning and solicitation requirements. Sec. 303B. Evaluation and award. Sec. 303C. Encouragement of new competition. Sec. 303D. Validation of proprietary data restrictions. Sec. 303F. Economic order quantities. Sec. 303G. Prohibition of contractors limiting subcontractor sales directly to the United States. Sec. 303H. Task and delivery order contracts: general authority. Sec. 3031. Task order contracts: advisory and assistance services. Sec. 303J. Task and delivery order contracts: orders. Sec. 303K. Task and delivery order contracts: definitions. Sec. 303L. Severable services contracts for periods crossing fiscal years. Sec. 304. Contract requirements. Sec. 304A. Cost or pricing data: truth in negotiations. Sec. 304B. Multiyear contracts. Sec. 304C. Examination of records of contractor. Sec. 305. Contract financing. Sec. 306. Allowable costs. Sec. 307. Administrative determinations and delegations. Sec. 309. Definitions. Sec. 310. Statutes not applicable. Sec. 311. Assignment and delegation of procurement functions and responsibilities. Sec. 312. Determinations and decisions. Sec. 313. Performance based management: acquisition programs. 1So in law. Probably should read "Procurements, warehousing, and related activities.". Sec. 314. Relationship of commercial item provisions to other provisions of law. Sec. 314A. Definitions relating to procurement of commercial items. Sec. 314B. Preference for acquisition of commercial items. Sec. 315. Contractor employees: protection from reprisal for disclosure of certain information. Sec. 316. Merit-based award of grants for research and development. 2 TITLE IX-SELECTION OF ARCHITECTS AND ENGINEERS Sec. 901. Definitions. Sec. 902. Policy. Sec. 903. Requests for data on architectural and engineering services. SEC. 2. [40 U.S.C. 471] DECLARATION OF POLICY. 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, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, 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. SEC. 3. [40 U.S.C. 472] DEFINITIONS. As used in titles I through VI of this Act (a) The term "executive agency" means any executive department or independent establishment in the executive branch of the Government, 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, the House of Representatives, and the Architect of the Capitol and any activities under his direction). (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 except (1) the public domain; lands reserved or dedicated for national forest or national park purposes; minerals in lands or portions of lands withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and lands withdrawn or reserved from the public domain except lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public-land laws because such lands are substantially changed in character by improvements or otherwise; (2) naval vessels of the following categories: Battleships, cruisers, aircraft car 2The item relating to section 316 was not included in this table as added by section 10005(a)(2) of P.L. 103–355, but was editorially supplied. riers, destroyers, and submarines; and (3) records of the Federal Government. (e) The term "excess property" means any property under the control 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 States of the Union, the District of Columbia, Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, 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 excess 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 services, other than personal and professional services, as the Administrator 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 or has the option to take over under any type of contract as a result either or any changes in the specifications or plans thereunder or of the termination of such contract (or subcontract thereunder), prior to completion of the work, for the convenience or at the option of the Government. (1) The term "motor vehicle" means any vehicle, self propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, exclusive of any vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot, and any vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties. TITLE I-ORGANIZATION SEC. 101. [40 U.S.C. 751] GENERAL SERVICES ADMINISTRATION. (a) There is hereby established an agency in the executive branch of the Government which shall be known as the General Services Administration. (b) There shall be at the head of the General Services Administration an Administrator of General Services who shall be appointed by the President by and with the advice and consent of the |