Collapse to view only § 505. Exchange or transfer of medical supplies
- § 501. Services for executive agencies
- § 502. Services for other entities
- § 503. Exchange or sale of similar items
- § 504. Agency cooperation for inspection
- § 505. Exchange or transfer of medical supplies
- § 506. Inventory controls and systems
§ 501. Services for executive agencies
(a)Authority of Administrator of General Services.—
(1)In general.—The Administrator of General Services shall take action under this subchapter for an executive agency—
(A) to the extent that the Administrator of General Services determines that the action is advantageous to the Federal Government in terms of economy, efficiency, or service; and
(B) with due regard to the program activities of the agency.
(2)Exemption for defense.—The Secretary of Defense may exempt the Department of Defense from an action taken by the Administrator of General Services under this subchapter, unless the President directs otherwise, whenever the Secretary determines that an exemption is in the best interests of national security.
(b)Procurement and Supply.—
(1)Functions.—
(A)In general.—The Administrator of General Services shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper discharge of their responsibilities, and perform functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting.
(B)Public utility contracts.—A contract for public utility services may be made for a period of not more than 10 years.
(2)Policies and methods.—
(A)In general.—The Administrator of General Services shall prescribe policies and methods for executive agencies regarding the procurement and supply of personal property and nonpersonal services and related functions.
(B)Controlling regulation.—Policies and methods prescribed by the Administrator of General Services under this paragraph are subject to regulations prescribed by the Administrator for Federal Procurement Policy under division B (except sections 1704 and 2303) of subtitle I of title 41.
(c)Representation.—
(1) For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies—
(A) in negotiations with carriers and other public utilities; and
(B) in proceedings involving carriers or other public utilities before federal and state regulatory bodies.
(2) Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall—
(A) notify the senior mission commander of the installation; and
(B) solicit and represent the interests of the installation as determined by the installation’s senior mission commander.
(d)Facilities.—The Administrator of General Services shall operate, for executive agencies, warehouses, supply centers, repair shops, fuel yards, and other similar facilities. After consultation with the executive agencies affected, the Administrator of General Services shall consolidate, take over, or arrange for executive agencies to operate the facilities.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1079; Pub. L. 111–350, § 5(l)(6), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 115–232, div. B, title XXVIII, § 2826, Aug. 13, 2018, 132 Stat. 2270.)
§ 502. Services for other entities
(a)Federal Agencies, Mixed-Ownership Government Corporations, and the District of Columbia.—On request, the Administrator of General Services shall provide, to the extent practicable, any of the services specified in section 501 of this title to—
(1) a federal agency;
(2) a mixed-ownership Government corporation (as defined in section 9101 of title 31); or
(3) the District of Columbia.
(b)Qualified Nonprofit Agencies.—
(1)In general.—On request, the Administrator may provide, to the extent practicable, any of the services specified in section 501 of this title to an agency that is—
(A)
(i) a qualified nonprofit agency for the blind (as defined in section 8501(7) of title 41); or
(ii) a qualified nonprofit agency for other severely disabled (as defined in section 8501(6) of title 41); and
(B) providing a commodity or service to the Federal Government under chapter 85 of title 41.
(2)Use of services.—A nonprofit agency receiving services under this subsection shall use the services directly in making or providing to the Government a commodity or service that has been determined by the Committee for Purchase From People Who Are Blind or Severely Disabled under section 8503 of title 41 to be suitable for procurement by the Government.
(c)Use of Certain Supply Schedules.—
(1)In general.—The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for the following:
(A) Automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal supply classification code group 70).
(B) Alarm and signal systems, facility management systems, firefighting and rescue equipment, law enforcement and security equipment, marine craft and related equipment, special purpose clothing, and related services (as contained in Federal supply classification code group 84 or any amended or subsequent version of that Federal supply classification group).
(2)Voluntary use.—In any case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule.
(3)Definitions.—In this subsection:
(A) The term “State or local government” includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education).
(B) The term “tribal government” means—
(i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and
(ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(C) The term “local educational agency” has the meaning given that term in section 7013 of the Elementary and Secondary Education Act of 1965.
(D) The term “institution of higher education” has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(d)Use of Supply Schedules for Certain Goods and Services.—
(1)In general.—The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for goods or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), to facilitate disaster preparedness or response, or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack.
(2)Determination by secretary of homeland security.—The Secretary of Homeland Security shall determine which goods and services qualify as goods and services described in paragraph (1) before the Administrator provides for the use of the Federal supply schedule relating to such goods and services.
(3)Voluntary use.—In the case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule.
(4)Definitions.—The definitions in subsection (c)(3) shall apply for purposes of this subsection.
(e)Use of Supply Schedules by the Red Cross and Other Qualified Organizations.—
(1)In general.—The Administrator may provide for the use by the American National Red Cross and other qualified organizations of Federal supply schedules. Purchases under this authority by the American National Red Cross shall be used in furtherance of the purposes of the American National Red Cross set forth in section 300102 of title 36, United States Code. Purchases under this authority by other qualified organizations shall be used in furtherance of purposes determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in consultation with the Administrator of the Federal Emergency Management Agency.
(2)Limitation.—The authority under this subsection may not be used to purchase supplies for resale.
(3)Qualified organization.—In this subsection, the term “qualified organization” means a relief or disaster assistance organization as described in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5152).
(f)Duty of Users Regarding Use of Supply Schedules.—All users of Federal supply schedules, including non-Federal users, shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107–347, title II, § 211(a), Dec. 17, 2002, 116 Stat. 2939; Pub. L. 109–364, div. A, title VIII, § 833(a), Oct. 17, 2006, 120 Stat. 2332; Pub. L. 110–248, § 2, June 26, 2008, 122 Stat. 2316; Pub. L. 111–263, §§ 2–4, Oct. 8, 2010, 124 Stat. 2787, 2788; Pub. L. 111–350, § 5(l)(7), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 114–95, title IX, § 9215(www), Dec. 10, 2015, 129 Stat. 2191.)
§ 503. Exchange or sale of similar items
(a)Authority of Executive Agencies.—In acquiring personal property, an executive agency may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in whole or in part payment for the property acquired.
(b)Applicable Regulation and Law.—
(1)Regulations prescribed by administrator of general services.—A transaction under subsection (a) must be carried out in accordance with regulations the Administrator of General Services prescribes, subject to regulations prescribed by the Administrator for Federal Procurement Policy under division B (except sections 1704 and 2303) of subtitle I of title 41.
(2)In writing.—A transaction under subsection (a) must be evidenced in writing.
(3)Section 6101(b) to (d) of title 41.—Section 6101(b) to (d) of title 41 applies to a sale of property under subsection (a), 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 under section 545(d) of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081; Pub. L. 111–350, § 5(l)(8), Jan. 4, 2011, 124 Stat. 3851.)
§ 504. Agency cooperation for inspection
(a)Receiving Assistance.—An executive agency may use the services, work, materials, and equipment of another executive agency, with the consent of the other executive agency, to inspect personal property incident to procuring the property.
(b)Providing Assistance.—Notwithstanding section 1301(a) of title 31 or any other law, an executive agency may provide services, work, materials, and equipment for purposes of this section without reimbursement or transfer of amounts.
(c)Policies and Methods.—The use or provision of services, work, materials, and equipment under this section must be in conformity with policies and methods the Administrator of General Services prescribes under section 501 of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.)
§ 505. Exchange or transfer of medical supplies
(a)Excess Property Determination.—
(1)In general.—Medical materials or supplies an executive agency holds for national emergency purposes are considered excess property for purposes of subchapter II when the head of the agency determines that—
(A) the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and
(B) transfer or other disposal is in the national interest.
(2)Timing.—To the greatest extent practicable, the head of the agency shall make the determination in sufficient time to allow for the transfer or other disposal and use of medical materials or supplies before their shelf life expires and they are rendered unfit for human use.
(b)Transfer or Exchange.—
(1)In general.—In accordance with regulations the Administrator of General Services prescribes, medical materials or supplies considered excess property may be transferred to another federal agency or exchanged with another federal agency for other medical materials or supplies.
(2)Use of proceeds.—Any proceeds derived from a transfer under this section may be credited to the current applicable appropriation or fund of the transferor agency and shall be available only to purchase medical materials or supplies to be held for national emergency purposes.
(3)Disposal as surplus property.—If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.)
§ 506. Inventory controls and systems
(a)Activities of the Administrator of General Services.—
(1)In general.—Subject to paragraph (2), and after adequate advance notice to affected executive agencies, the Administrator of General Services may undertake the following activities as necessary to carry out functions under this chapter:
(A)Surveys and reports.—Survey and obtain executive agency reports on Federal Government property and property management practices.
(B)Inventory levels.—Cooperate with executive agencies to establish reasonable inventory levels for property stocked by them, and report any excessive inventory levels to Congress and to the Director of the Office of Management and Budget.
(C)Federal supply catalog system.—Establish and maintain a uniform federal supply catalog system that is appropriate to identify and classify personal property under the control of federal agencies.
(D)Standard purchase specifications and standard forms and procedures.—Prescribe standard purchase specifications and standard forms and procedures (except forms and procedures that the Comptroller General prescribes by law) subject to regulations the Administrator for Federal Procurement Policy prescribes under division B (except sections 1704 and 2303) of subtitle I of title 41.
(E)Capitalization thresholds.—Establish thresholds for acquisitions of personal property for which executive agencies shall capitalize the personal property.
(F)Accountability thresholds.—Notwithstanding section 121(b), for the management and accountability of personal property, establish thresholds for acquisitions of personal property for which executive agencies shall establish and maintain property records in a centralized system.
(2)Special considerations regarding department of defense.—
(A)In general.—The Administrator of General Services shall carry out activities under paragraph (1) with due regard to the requirements of the Department of Defense, as determined by the Secretary of Defense.
(B)Federal supply catalog system.—In establishing and maintaining a uniform federal supply catalog system under paragraph (1)(C), the Administrator of General Services and the Secretary shall coordinate to avoid unnecessary duplication.
(b)Activities of Federal Agencies.—Each federal agency shall use the uniformed federal supply catalog system, the standard purchase specifications, and the standard forms and procedures established under subsection (a), except as the Administrator of General Services, considering efficiency, economy, or other interests of the Government, may otherwise provide.
(c)Audit of Property Accounts.—The Comptroller General shall audit all types of property accounts and transactions. Audits shall be conducted at the time and in the manner the Comptroller General decides and as far as practicable at the place where the property or records of the executive agencies are kept. Audits shall include 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 on generally accepted principles of auditing.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1082; Pub. L. 111–350, § 5(l)(9), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–419, § 2(b), Jan. 3, 2019, 132 Stat. 5443.)