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PUBLIC LAW 85-800-AUG. 28, 1958
[72
ST A T.
Public Law 85-800 August 28, 1958 [S. 3224]
Small b u s i n e s s. Procurement procedures.
Applicability.
Negotiated tracts.
Exceptions.
Advanced ments.
AN ACT To improve opportunities for small business concerns to obtain a fair proportion of Government purchases and contracts, to facilitate procurement of property and services by the Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 302(a) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 393), as amended (41 U.S.C. 252 (a)), is amended further to read as follows: " (a) The provisions of this title shall be applicable to purchases and contracts for property or services made by— "(1) The General Services Administration, for the use of such agency or otherwise; or "(2) any other executive agency (except the departments and activities specified in title 10, United States Code, section 2303 (a)) in conformity with authority to apply such provisions delegated by the Administrator in his discretion. Notice of every such delegation of authority shall be furnished to the General Accounting Office." SEC. 2. Section 302(c) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 393), as amended (41 U.S.C. 252 (c)), is amended further— (a) by revising paragraph (3) to read: "(3) the aggregate amount involved does not exceed $2,500;" (b) by renumbering paragraphs (9), (10), (11), (12), (13), and (14), as paragraphs (10), (11), (12), (13), (14), and (15), respectively; and (c) by adding, immediately after paragraph (8), a new paragraph (9), reading as follows: "(9) for perishable or nonperishable subsistence supplies;". SEC. 3. Section 302(e) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 394; 41 U.S.C. 252 (e)) is amended by striking out " (9) ", "(10)", "(11)", and " ( 1 3) " and substituting therefor "(10)", "(11)", "(12)", and " ( 1 4) ", respectively. SEC. 4. Section 305 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 396), as amended (41 U.S.C. 255), is amended further to read as follows: "SEC. 305. (a) Any executive agency may— " (1) make advance, partial, progress or other payments under contracts for property or services made by the agency; and "(2) insert in bid solicitations for procurement of property or services a provision limiting to small business concerns advance or progress payments. "(b) Payments made under subsection (a) may not exceed the unpaid contract price. "(c) Advance payments under subsection (a) may be made only upon adequate security and a determination by the agency head that to do so would be in the public interest. Such security may be in the form of a lien in favor of the Government on the property contracted for, on the balance in an account in which such payments are deposited, and on such of the property acquired for performance of the contract as the parties may agree. This lien shall be paramount to all other liens."
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