40 U.S.C. § 501 — Services for executive agencies
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 436 words · no verdicts yet
The General Services Administration procures and supplies goods and services for federal agencies. It sets policies for how agencies buy things and represents agencies in dealings with utility and transportation companies. It also runs shared facilities like warehouses and repair shops.
(a) Authority of Administrator of General Services.
(1) In general. The Administrator of General Services must act for an executive agency under this subchapter when the Administrator decides it's better for the federal government — in terms of economy, efficiency, or service — while still respecting that agency's own programs.
(2) Exemption for defense. The Secretary of Defense can exempt the Department of Defense from an action the Administrator takes, unless the President says otherwise, whenever the Secretary decides the exemption serves national security.
(b) Procurement and Supply.
(1) Functions. (A) The Administrator must procure and supply personal property and non-personal services that executive agencies need to do their jobs, and handle related functions: contracting, inspection, storage, issuing goods, identifying and classifying property, managing transportation and traffic, managing public utility services, and repairing and converting equipment. (B) A public utility services contract can last up to 10 years.
(2) Policies and methods. (A) The Administrator must set policies and methods for how executive agencies procure and supply personal property, non-personal services, and related functions. (B) These policies and methods must follow regulations the Administrator for Federal Procurement Policy sets under a specific part of title 41.
(c) Representation.
(1) For transportation and other public utility services used by executive agencies, the Administrator represents those agencies (A) in negotiations with carriers and utilities, and (B) in proceedings involving carriers or utilities before federal and state regulators.
(2) Before representing any Department of Defense installation in such a proceeding, the Administrator (or anyone acting for the Administrator) must (A) notify that installation's senior mission commander, and (B) ask for and represent the interests that commander identifies.
(d) Facilities. The Administrator must operate warehouses, supply centers, repair shops, fuel yards, and similar facilities for executive agencies. After talking with the affected agencies, the Administrator must consolidate these facilities, take them over, or arrange for the agencies themselves to run them.
The Administrator of General Services shall take action under this subchapter for an executive agency—
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
with due regard to the program activities of the agency.
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.
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.
A contract for public utility services may be made for a period of not more than 10 years.
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.
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.
For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies—
in negotiations with carriers and other public utilities; and
in proceedings involving carriers or other public utilities before federal and state regulatory bodies.
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—
notify the senior mission commander of the installation; and
solicit and represent the interests of the installation as determined by the installation’s senior mission commander.
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.
Source credit: (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.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1079
- 2011Amended · Pub. L. 111-350 · 124 Stat. 3851
- 2018Amended · Pub. L. 115-232 · 132 Stat. 2270
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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