Page images
PDF
EPUB

All 70 Stat. 495.

purposes", approved August 12, 1955 (69 Stat. 697), is redesignated 44 USC 397. as subsection (i) of such section.

SEC. 5. (a) Except as provided by subsection (b), the amendments Effective made by this Act shall become effective on the first day of the first date. month beginning after the date of enactment of this Act.

(b) In the case of any State which on the date of enactment of this Exception. Act has not designated a single State agency for the purpose of distributing surplus property pursuant to subsection 203 (j) of the Federal Property and Administrative Services Act of 1949, as amended, transfers of such property may be made by the Administrator of General Services under such subsection, as amended by this Act, to the State agency heretofore designated in such State to distribute property in conformity with such subsection for purposes of education and public health to the extent that such agency is authorized under State law to receive and distribute any class of property transferred pursuant to such subsection, or in the absence of any such agency or in the absence of authority of such agency to receive and distribute any such class of property, to any State agency or official authorized under State law to receive and distribute such property, until ninety calendar days have passed after the close of the first regular session of the legislature of such State beginning after the date of enactment of this Act.

Approved July 3, 1956.

[merged small][ocr errors][merged small][merged small][merged small][merged small]

To amend the Federal Property and Administrative Services Act of 1949, as amended, to extend until July 31, 1958, the period during which disposals of surplus property may be made by negotiation.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That section 203 (e) Surplus propof the Federal Property and Administrative Services Act of 1949, as erty disposal. amended (40 U. S. C. 484 (e)), is amended by striking out "June 30, 68 Stat. 474. 1955" and inserting in lieu thereof "July 31, 1958".

Approved August 3, 1956.

(113)

85th Congress, S. 2224

July 2, 1958

AN ACT

72 Stat. 288.

To amend the Federal Property and Administrative Services Act of 1949, as amended, regarding advertised and negotiated disposals of surplus property.

Surplus property

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 203 (e) disposal. of the Federal Property and Administrative Services Act of 1949, as 63 Stat 385; amended, is hereby further amended to read as follows:

70 Stat. 1020.

"(e) (1) All disposals or contracts for disposal of surplus property 40 USC 484. (other than by abandonment, destruction, donation, or through con- Bids. tract brokers) made or authorized by the Administrator shall be made Public adverafter publicly advertising for bids, under regulations prescribed by the Administrator, except as provided in paragraphs (3) and (5) of

this subsection.

"(2) Whenever public advertising for bids is required under paragraph (1) of this subsection

"(A) the advertisement for bids shall be made at such time previous to the disposal or contract, through such methods, and on such terms and conditions as shall permit that full and free competition which is consistent with the value and nature of the property involved;

"(B) all bids shall be publicly disclosed at the time and place stated in the advertisement;

"(C) award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, price and other factors considered: Provided, That all bids may be rejected when it is in the public interest to do so.

Procedure.

"(3) Disposals and contracts for disposal may be negotiated, under Disposal by regulations prescribed by the Administrator, without regard to para- negotiation. graphs (1) and (2) of this subsection but subject to obtaining such competition as is feasible under the circumstances, if

"(A) necessary in the public interest during the period of a national emergency declared by the President or the Congress, with respect to a particular lot or lots of personal property or, for a period not exceeding three months, with respect to a specifically described category or categories of personal property as determined by the Administrator;

"(B) the public health, safety, or national security will thereby be promoted by a particular disposal of personal property; "(C) public exigency will not admit of the delay incident to advertising certain personal property;

"(D) the personal property involved is of a nature and quantity which, if disposed of under paragraphs (1) and (2) of this subsection, would cause such an impact on an industry or industries as adversely to affect the national economy, and the estimated fair market value of such property and other satisfactory terms of disposal can be obtained by negotiation;

(E) the estimated fair market value of the property involved does not exceed $1,000;

"(F) bid prices after advertising therefor are not reasonable (either as to all or some part of the property) or have not been independently arrived at in open competition;

"(G) with respect to real property only, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;

Personal property.

Fixed prices.

72 Stat, 289.

"(H) the disposal will be to States, Territories, possessions, political subdivisions thereof, or tax-supported agencies therein, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or "(I) otherwise authorized by this Act or other law.

"(4) Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under such regulations as may be prescribed by the Administrator: Provided, That such regulations shall require that wide public notice of availability of the property for disposal be given by the brokers. Negotiated sales."(5) Negotiated sales of personal property at fixed prices may be made by the Administrator either directly or through the use of disposal contractors without regard to the limitations set forth in paragraphs (1) and (2) of this subsection: Provided, That such sales shall be publicized to the extent consistent with the value and nature of the property involved, that the prices established shall reflect the estimated fair market value thereof, and that such sales shall be limited to those categories of personal property as to which the Administrator determines that such method of disposal will best serve the interests of the Government.

Explanatory statement.

Congress.

"(6) Except as otherwise provided by this paragraph, an explanatory statement of the circumstances of each disposal by negotiation Transmittal to of any real or personal property having a fair market value in excess of $1,000 shall be prepared. Each such statement shall be transmitted to the appropriate committees of the Congress in advance of such disposal, and a copy thereof shall be preserved in the files of the executive agency making such disposal. No such statement need be transmitted to any such committee with respect to any disposal of personal property made under paragraph (5) at a fixed price, or to property disposals authorized by any other provision of law to be made without advertising.

Exception.

Nonapplicabil

ity.

"(7) Section 3709, Revised Statutes, as amended (41 U. S. C. 5), shall not apply to disposals or contracts for disposal made under this subsection.

Approved July 2, 1958.

[ocr errors]

85th Congress, S. 2752

August 19, 1958

AN ACT

72 Stat. 631.

To amend section 207 of the Federal Property and Administrative Services Act of 1949 so as to modify and improve the procedure for submission to the Attorney General of certain proposed surplus property disposals for his advice as to whether such disposals would be inconsistent with the antitrust laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 207 Surplus propof the Federal Property and Administrative Services Act of 1949 is erty disposal. amended to read as follows:

"APPLICABILITY OF ANTITRUST LAWS

"SEC. 207. (a) Except as provided by subsection (c), no executive agency shall dispose of any plant, plants, or other property to any private interest until such agency has received the advice of the Attorney General on the question whether such disposal would tend to create or maintain a situation inconsistent with the antitrust laws. Whenever any such disposal is contemplated by any executive agency, such agency shall transmit promptly to the Attorney General notice of such proposed disposal and the probable terms or conditions thereof. If such notice is given by any executive agency other than the General Services Administration, a copy of such notice shall be transmitted simultaneously to the Administrator. Within a reasonable time, in no event to exceed sixty days, after receipt of such notification, the Attorney General shall advise the Administrator and any other interested executive agency whether, so far as he can determine, the proposed disposition would tend to create or maintain a situation inconsistent with the antitrust laws.

"(b) Upon request made by the Attorney General, the Administrator or any other executive agency shall furnish or cause to be furnished to the Attorney General such information as the Administrator or such other executive agency may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice required by this section, or to determine whether any other disposition or proposed disposition of surplus property violates or would violate any of the antitrust laws.

"(c) This section shall not apply to the disposal of—

"(1) real property if the aggregate amount of the original acquisition cost of such property to the Government and all capital expenditures made by the Government with respect thereto is less than $1,000,000; or

“(2) personal property (other than a patent, process, technique, or invention) with an acquisition cost of less than $3,000,000.

"(d) Nothing contained in this Act shall impair, amend, or modify any of the antitrust laws or limit or prevent the application of any such law to any person who acquires in any manner any property under the provisions of this Act.

Antitrust laws 63 Stat. 391.

40 USC 488.

« PreviousContinue »