40 U.S.C. § 502

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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.

40 U.S.C. § 502

Pub. L. 107-217, 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, Oct. 8, 2010 - 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.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
502(a)	40:481(b)(1).	June 30, 1949, ch. 288, title II, §201(b), 63 Stat. 384; Sept. 5, 1950, ch. 849, §8(b), 64 Stat. 591; Pub. L. 103-355, title I, §15551555,, 108 Stat. 3300; Pub. L. 105-61, title IV, §413, Oct. 10, 1997, 111 Stat. 1300.
502(b)	40:481(b)(2).

In subsection (b)(2), the words "the authority of" in 40:481(b)(2)(B) are omitted as unnecessary. The words "Committee for Purchase From People Who Are Blind or Severely Disabled" are substituted for ["]Committee for Purchase from the Blind and Other Severely Handicapped" because of section 911(a) of the Rehabilitation Act Amendments of 1992 (Public Law 102-569 106 Stat. 4486) and section 301 of the Rehabilitation Act Amendments of 1993 (Public Law 103-73 107 Stat. 736).

EDITORIAL NOTES

REFERENCES IN TEXTThe Alaska Native Claims Settlement Act, referred to in subsec. (c)(3)(B)(ii), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.Section 7013 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(3)(C), is classified to section 7713 of Title 20, Education.The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

AMENDMENTS2015-Subsec. (c)(3)(C). Pub. L. 114-95 substituted "section 7013 of the Elementary and Secondary Education Act of 1965" for "section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)". 2011-Subsec. (b)(1)(A)(i). Pub. L. 111-350, §5(l)(7)(A), substituted "section 8501(7) of title 41" for "section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(3))".Subsec. (b)(1)(A)(ii). Pub. L. 111-350, §5(l)(7)(B), substituted "disabled (as defined in section 8501(6) of title 41)" for "handicapped (as defined in section 5(4) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(4)))". Subsec. (b)(1)(B). Pub. L. 111-350, §5(l)(7)(C), substituted "chapter 85 of title 41" for "the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)".Subsec. (b)(2). Pub. L. 111-350, §5(l)(7)(D), substituted "section 8503 of title 41" for "section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47)". 2010-Subsec. (d)(1). Pub. L. 111-263, §4, inserted ",to facilitate disaster preparedness or response," after "Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)".Subsec. (e). Pub. L. 111-263, §2, added subsec. (e).Subsec. (f). Pub. L. 111-263, §3, added subsec. (f).2008-Subsec. (c)(1). Pub. L. 110-248 substituted "Administration for the following:" for "Administration for automated", inserted "(A) Automated" before "data processing", and added subpar. (B).2006-Subsec. (d). Pub. L. 109-364 added subsec. (d).2002-Subsec. (c). Pub. L. 107-347 added subsec. (c).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95 set out as a note under section 6301 of Title 20, Education.

EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107-347 set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.

PROCEDURES Pub. L. 109-364, div. A, title VIII, §833(b), Oct. 17, 2006, 120 Stat. 2332, provided that: "Not later than 30 days after the date of the enactment of this Act [Oct. 17, 2006], the Administrator of General Services shall establish procedures to implement subsection (d) of section 502 of title 40, United States Code (as added by subsection (a))."

PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS Pub. L. 108-352, §9, Oct. 21, 2004, 118 Stat. 1396, provided that: "Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares."