STATUTES NOT APPLICABLE SEC. 310. (a) The following provisions of law shall not apply to the procurement of property 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); Sections 1 and 2 of the Act of October 10, 1940 (54 Stat. 1109, as amended; 41 U. S. C. 6 and 6a). (b) Reference in any Act, except subsection (a) of this section, to the applicability of Revised Statutes, section 3709, as amended (41 U.S. C. 5), to the procurement of property or services by the General Services Administration or any constituent organization thereof shall be deemed to be reference to section 302 (c) of this Act. ANALYSIS Section 310. Statutes not applicable (Sec. 310, 63 Stat. 397, as amended by sec. 1 (m), (n), 66 Stat. 594; 41 U. S. C. 260) (a) Specification of certain laws not applicable to procurement.-This subsection provides that the following acts shall not be applicable to the procurement of property 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. (Section 1 was repealed by sec. 1 (98)-(105) of Public Law 247, 82d Congress, and section 2 was repealed in part and amended in part by secs. 1 (106-108), 3 (8), (9), and 4 (9) of said law which is referred to in the analysis following section 212.) These statutes are also 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 is limited to the extent and within the purview of the authority thus delegated. (b) Construction of references to section 3709 of Revised Statutes.-This subsection was added by subsection (n) of section 1 of Public Law 522 of the 82d Congress, approved July 12, 1952 (66 Stat. 594), which also inserted "(a)" after "Sec. 310." in the text above. The purpose of the addition of subsection (b) was to make a technical clarification, by substituting reference to section 302 (c) of the Act for section 3709, Revised Statutes, as amended, whenever the latter is cited in any law affecting the procurement of property or services by the General Services Administration. Section 3709 is the general statute requiring advertising except in certain specified cases. Authority to negotiate and enter into contracts generally without advertising is frequently granted by providing that contracts may be made "without regard to" the provisions of section 3709. tion 310 of the Act made section 3709 inapplicable to the General Services Administration since title III, particularly section 302 (c), provides somewhat more liberal exceptions from the advertising requirement. However, where the Congress has previously granted a complete exemption from the advertising requirement by authorizing the making of contracts without regard to the provisions of Sec TITLE IV-FOREIGN EXCESS PROPERTY DISPOSAL OF 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 disposition of such property, conform to the foreign policy of the United States; (b) the Secretary of State shall have the authority to use foreign currencies and credits acquired by 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 agreements for the disposal of foreign excess property in effect on the effective date of this Act. ANALYSIS Section 401. Disposal of foreign excess property (Sec. 401, 63 Stat. 397; 40 U. S. C. 511) This section generally provides that, except where commitments exist under previous agreements, all excess property located in foreign areas shall be disposed 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 administer 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. 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 woolen goods) or the Secretary of Commerce (in the case of any other property) 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 advantageous 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. ANALYSIS Section 402. Methods and terms of disposal (Sec. 402, 63 Stat. 398; 40 U. S. C. 512) 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 were previously made. Foreign excess property may be disposed of 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. Such property may be disposed of 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. 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 any property must include a condition forbidding importation into the United States unless the Secretary of Agriculture (in the case of any agricultural commodity, food, or cotton or woolen goods) or the Secretary of Commerce (in the case of any other property) 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. PROCEEDS, FOREIGN CURRENCIES SEC. 403. Proceeds from the sale, lease, or other disposition of foreign 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 foreign 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 currencies (Sec. 403, 63 Stat. 398; 40 U. S. C. 513) This section provides that the proceeds from disposition of foreign excess property shall, if in the form of foreign currencies or credits, be administered in accordance 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 disposed of for United States currency under this title. (Section 204 (b) was redesignated as section 204 (c) by Public Law 760 of the 83d Congress, approved August 31, 1954.) The section further provides that any executive agency disposing of foreign excess property under this title may establish a special account with the Treasurer of the United States from which appropriate refunds to purchasers may be made. |