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PUBLIC LAW 85-486-JULY 2, 1958
[72
ST AT,
Public Law 85-486 July 2, 1958 [S. 2224]
AN ACT To amend the Federal Property and Administrative Services Act of 1949, as amended, regarding advertised and negotiated disposals of surplus property.
Be it enacted by the Senate and House of Representatives of the dis^^^^i^ property United States of America in Congress assembled, That section 203(e) 63 st^at. 385; 70 of the Federal Property and Administrative Services Act of 1949, as Stat. 1020 amended, is hereby further amended to read as follows: 40 USC 484. Bids. "(e)(1) All disposals or contracts for disposal of surplus property P u b l i c adver(other than by abandonment, destruction, donation, or through contising* tract brokers) made or authorized by the Administrator shall h^ made after publicly advertising for bids, under regulations prescribed by the Administrator, except as provided in paragraphs (3) and (5) of this subsection. Procedure. "(2) "Whenever public advertising for bids is required under paragraph (1) of this subsection— " (A) the advertisement for bids shall be made at such time previous to the disposal or contract, through such methods, and on such terms and conditions as shall permit that full and free competition which is consistent with the value and nature of the property involved; " (B) all bids shall be publicly disclosed at the time and place stated in the advertisement; " (C) award shall be made with reasonable promptness by notice to the responsible bidder w'hose bid, conforming to the invitation for bids, will be most advantageous to the Government, price and other factors considered: Provided, That all bids may be rejected when it is in the public interest to do so. Disposal by ne"(3) Disposals and contracts for disposal may be negotiated, under gotiation. regulations prescribed by the Administrator, without regard to paragraphs (1) and (2) of this subsection but subject to obtaining such competition as is feasible under the circumstances, if— " (A) necessary in the public interest during the period of a national emergency declared by the President or the Congress, with respect to a particular lot or lots of personal property or, for a period not exceeding three months, with respect to a specifically described category or categories of personal property as determined by the Administrator; " (B) the public health, safety, or national security will thereby be promoted by a particular disposal of personal property; " (C) public exigency will not admit of the delay incident to advertising certain personal property; " (D) the personal property involved is of a nature and quantity which, if disposed of under paragraphs (1) and (2) of this subsection, would cause such an impact on an industry or industries as adversely to affect the national economy, and the estimated fair market value of such property and other satisfactory terms of disposal can be obtained by negotiation; (E) the estimated fair market value of the property involved does not exceed $1,000; " (F) bid prices after advertising therefor are not reasonable (either as to all or some part of the property) or have not been independently arrived at in open competition; " (G) with respect to real property only, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;
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