H. R. 2068—69
that are required to be performed or approved by a person
licensed, registered, or certified to provide the services
described in this paragraph;
(B) 
professional 
services 
of 
an 
architectural 
or
engineering nature performed by contract that are associ-
ated 
with 
research, 
planning, 
development, 
design,
construction, alteration, or repair of real property; and
(C) other professional services of an architectural or
engineering nature, or incidental services, which members
of the architectural and engineering professions (and
individuals in their employ) may logically or justifiably
perform, including studies, investigations, surveying and
mapping, tests, evaluations, consultations, comprehensive
planning, program management, conceptual designs, plans
and specifications, value engineering, construction phase
services, soils engineering, drawing reviews, preparation
of operating and maintenance manuals, and other related
services.
(3) FIRM.—The term ‘‘firm’’ means an individual, firm, part-
nership, corporation, association, or other legal entity permitted
by law to practice the profession of architecture or engineering.
§ 1103. Selection procedure
(a) IN GENERAL.—These procedures apply to the procurement
of architectural and engineering services by an agency head.
(b) ANNUAL STATEMENTS.—The agency head shall encourage firms
to submit annually a statement of qualifications and performance
data.
(c) EVALUATION.—For each proposed project, the agency head
shall evaluate current statements of qualifications and performance
data on file with the agency, together with statements submitted
by other firms regarding the proposed project. The agency head
shall conduct discussions with at least 3 firms to consider antici-
pated concepts and compare alternative methods for furnishing
services.
(d) SELECTION.—From the firms with which discussions have
been conducted, the agency head shall select, in order of preference,
at least 3 firms that the agency head considers most highly qualified
to provide the services required. Selection shall be based on criteria
established and published by the agency head.
§ 1104. Negotiation of contract
(a) IN GENERAL.—The agency head shall negotiate a contract
for architectural and engineering services at compensation which
the agency head determines is fair and reasonable to the Federal
Government. In determining fair and reasonable compensation, the
agency head shall consider the scope, complexity, professional
nature, and estimated value of the services to be rendered.
(b) ORDER OF NEGOTIATION.—The agency head shall attempt to
negotiate a contract, as provided in subsection (a), with the most
highly qualified firm selected under section 1103 of this title. If
the agency head is unable to negotiate a satisfactory contract with
the firm, the agency head shall formally terminate negotiations
and then undertake negotiations with the next most qualified of
the selected firms, continuing the process until an agreement is
reached. If the agency head is unable to negotiate a satisfactory
contract with any of the selected firms, the agency head shall
H. R. 2068—70
select additional firms in order of their competence and qualification
and continue negotiations in accordance with this section until
an agreement is reached.
CHAPTER 13—PUBLIC PROPERTY
Sec.
1301.
Charge of property transferred to the Federal Government.
1302.
Lease of buildings.
1303.
Disposition of surplus real property.
1304.
Transfer of federal property to States.
1305.
Disposition of land acquired by devise.
1306.
Disposition of abandoned or forfeited personal property.
1307.
Disposition of securities.
1308.
Disposition of unfit horses and mules.
1309.
Preservation, sale, or collection of wrecked, abandoned, or derelict property.
1310.
Sale of war supplies, land, and buildings.
1311.
Authority of President to obtain release.
1312.
Release of real estate in certain cases.
1313.
Releasing property from attachment.
1314.
Easements.
1315.
Special police.
§ 1301. Charge of property transferred to the Federal
Government
(a) IN GENERAL.—Except as provided in subsection (b), the
Administrator of General Services shall have charge of—
(1) all land and other property which has been or may be
assigned, set off, or conveyed to the Federal Government in
payment of debts;
(2) all trusts created for the use of the Government in pay-
ment of debts due the Government; and
(3) the sale and disposal of land—
(A) assigned or set off to the Government in payment
of debt; or
(B) vested in the Government by mortgage or other secu-
rity for the payment of debts.
(b) NONAPPLICATION.—This section does not apply to—
(1) real estate which has been or shall be assigned, set
off, or conveyed to the Government in payment of debts arising
under the Internal Revenue Code of 1986 (26 U.S.C. 1 et
seq.); or
(2) trusts created for the use of the Government in payment
of debts arising under the Code and due the Government.
§ 1302. Lease of buildings
Except as otherwise specifically provided by law, the leasing
of buildings and property of the Federal Government shall be for
a money consideration only. The lease may not include any provision
for the alteration, repair, or improvement of the buildings or prop-
erty as a part of the consideration for the rent to be paid for
the use and occupation of the buildings or property. Money derived
from the rent shall be deposited in the Treasury as miscellaneous
receipts.
§ 1303. Disposition of surplus real property
(a) DEFINITION.—In this section, the term ‘‘federal agency’’ means
an executive department, independent establishment, commission,
board, bureau, division, or office in the executive branch, or other
agency of the Federal Government, including wholly owned Govern-
ment corporations.
H. R. 2068—71
(b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.—
(1) ACTIONS OF ADMINISTRATOR.—When the President, on the
recommendation of the Administrator of General Services, or
the federal agency having control of any real property the
agency acquires that is located outside of the District of
Columbia, other than military or naval reservations, declares
the property to be surplus to the needs of the agency, the
Administrator—
(A) may assign space in the property to any federal
agency;
(B) pending a sale, may lease the property for not more
than 5 years and on terms the Administrator considers
to be in the public interest; or
(C) may sell the property at public sale to the highest
responsible bidder on terms and after public advertisement
that the Administrator considers to be in the public
interest.
(2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal
agency to which space is assigned does not desire to occupy
the space, the decision of the Administrator under paragraph
(1)(A) is subject to review by the President.
(3) NEGOTIATED SALE.—If no bids which are satisfactory as
to price and responsibility of the bidder are received as a
result of public advertisement, the Administrator may sell the
property by negotiation, on terms as may be considered to
be to the best interest of the Government, but at a price
not less than that bid by the highest responsible bidder.
(c) DEMOLITION.—The Administrator may demolish any building
declared to be surplus to the needs of the Government under this
section on deciding that demolition will be in the best interest
of the Government. Before proceeding with the demolition, the
Administrator shall inform the Secretary of the Interior in writing
of the Administrator’s intention to demolish the building, and shall
not proceed with the demolition until receiving written notice from
the Secretary that the building is not an historic building of national
significance within the meaning of the Act of August 21, 1935
(16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings,
and Antiquities Act). If the Secretary does not notify the Adminis-
trator of the Secretary’s decision as to whether the building is
an historic building of national significance within 90 days of the
receipt of the notice of intention to demolish the building, the
Administrator may proceed to demolish the building.
(d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—
When the Administrator, after investigation, decides that real prop-
erty referred to in subsection (b) should be used for the accommoda-
tion of a federal agency, the Administrator may make any repairs
or alterations that the Administrator considers necessary or advis-
able and may maintain and operate the property.
(e) PAYMENT BY FEDERAL AGENCIES.—
(1) ASSIGNED REAL PROPERTY.—To the extent that the appro-
priations of the General Services Administration not otherwise
allocated are inadequate for repairs, alterations, maintenance,
or operation, the Administrator may require each federal agency
to which space has been assigned to pay promptly by check
to the Administrator out of its appropriation for rent any part
of the estimated or actual cost of the repairs, alterations,
maintenance, and operation. Payment may be either in advance
H. R. 2068—72
of, or on or during, occupancy of the space. The Administrator
shall determine and equitably apportion the total amount to
be paid among the agencies to whom space has been assigned.
(2) LEASED SPACES.—To the extent that the appropriations
of the Administration not otherwise required are inadequate,
the Administrator may require each federal agency to which
leased space has been assigned to pay promptly by check to
the Administrator out of its available appropriations any part
of the estimated cost of rent, repairs, alterations, maintenance,
operation, and moving. Payment may be either in advance
or during occupancy of the space. When space in a building
is occupied by two or more agencies, the Administrator shall
determine and equitably apportion rental, operation, and other
charges on the basis of the total amount of space leased.
(f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may
be appropriated to cover the costs incident to the sale or lease
of real property, or authorized demolition of buildings on the prop-
erty, declared to be surplus to the needs of any federal agency
under this section, and the care, maintenance, and protection of
the property, including pay of employees, travel of Government
employees, brokers’ fees not in excess of rates paid for similar
services in the community where the property is situated,
appraisals, photographs, surveys, evidence of title and perfecting
of defective titles, advertising, and telephone and telegraph charges.
However, the agency remains responsible for the proper care,
maintenance, and protection of the property until the Administrator
assumes custody or other disposition of the property is made.
(g) REGULATIONS.—The Administrator may prescribe regulations
as necessary to carry out this section.
§ 1304. Transfer of federal property to States
(a) OBSOLETE BUILDINGS AND SITES.—
(1) IN GENERAL.—The Administrator of General Services, in
the Administrator’s discretion, on terms the Administrator con-
siders proper, and under regulations the Administrator may
prescribe, may sell property described in paragraph (2) to a
State or a political subdivision of a State for public use if
the Administrator considers the sale to be in the best interest
of the Federal Government.
(2) APPLICABLE PROPERTY.—The property referred to in para-
graph (1) is any federal building, building site, or part of
a building site under the Administrator’s control that has been
replaced by a new structure and that the Administrator deter-
mines is no longer needed by the Government.
(3) PRICE.—The purchase price for a sale under this section
must be at least 50 percent of the value of the land as appraised
by the Administrator.
(4) PROCEEDS OF SALE.—The proceeds of a sale under this
section shall be deposited in the Treasury as miscellaneous
receipts.
(5) PAYMENT TERMS.—The Administrator may enter into a
long term contract for the payment of the purchase price in
installments that the Administrator considers fair and reason-
able. The Administrator may waive any requirement for interest
charges on deferred payment.
(6) CONVEYANCE.—The Administrator may convey property
sold under this section by the usual quitclaim deed.