Page:United States Statutes at Large Volume 116 Part 2.djvu/299

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PUBLIC LAW 107-217—AUG. 21, 2002 116 STAT. 1081 of the Javits-Wagner-O'Day Act (41 U.S.C. 47) to be suitable for procurement by the Government. § 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 Genersil Services prescribes, subject to regulations prescribed by the Administrator for Federal Procm-ement Policy under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (2) IN WRITING.— ^A transaction under subsection (a) must be evidenced in writing. (3) SECTION 3709 OF REVISED STATUTES.—Section 3709 of the Revised Statutes (41 U.S.C. 5) 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 SEime conditions as are applicable to the sale of property under section 545(d) of this title. § 504. ^ency 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 personsQ 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. § 505. Exchange or transfer of medical supplies (a) EXCESS PROPERTY DETERMINATION.— (1) IN GENERAL. — Mediced 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; Etnd (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 cind 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