DEFINITIONS SEC. 806. As used in this title (a) “Unit of general local government" means any 40 U.S.C. 535 city, county, town, parish, village, or other generalpurpose political subdivision of a State. (b) "Urban area" means (1) any geographical area within the jurisdiction of any incorporated city, town, borough, village, or other unit of general local government, except county or parish, having a population of ten thousand or more inhabitants; (2) that portion of the geographical area within the jurisdiction of any county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density equal to or exceeding one thousand five hundred inhabitants per square mile; and (3) that portion of any geographical area having a population density equal to or exceeding one thousand five hundred inhabitants per square mile and situated adjacent to the boundary of any incorporated unit of general local government which has a population of ten thousand or more inhabitants. (c) "Comprehensive planning" includes the following, to the extent directly related to the needs of a unit of general local government: (1) Preparation, as a guide for governmental policies and action, of general plans with respect to (A) the pattern and intensity of land use, (B) the provision of public facilities (including transportation facilities) and other governmental services, and (C) the effective development and utilization of human and natural resources; (2) Long-range physical and fiscal plans for such action; (3) Programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program; (4) Coordination of all related plans and activities of the State and local governments and agencies concerned; and (5) Preparation of regulatory and administrative measures in support of the foregoing. NOTE: Section 501, Public Law 90-577, 82 Stat. 1104, Intergovernmental Cooperation Act of 1968, approved Ocotber 16, 1968, added Title VIII-Urban Land Utilization to the Federal Property and Administrative Services Act of 1949, as amended. Title I of P.L. 90-507 provides that the definitions contained therein are applicable to the whole Act. Hence, the following definitions apply to Title VIII: 42 U.S.C. 4201 42U.S.C. 4201 (1) 42 U.S.C. 4201 (2) 42 U.S.C. 4201 (3) 42 U.S.C. 4201 (4) 42 U.S.C. 4201 (5) 42 U.S.C. 4201 (6) TITLE I-DEFINITIONS When used in this Act FEDERAL AGENCY SEC. 101. The term "Federal agency" means any department, agency, or instrumentality in the executive branch of the Government and any wholly owned Government corporation. STATE SEC. 102. The term "State" means any of the several States of the United States, the District of Columbia, Puerto Rico, any territory or possession of the United States or any agency or instrumentality of a State, but does not include the governments of the political subdivisions of the State. POLITICAL SUBDIVISION OR LOCAL GOVERNMENT SEC. 103. The term "political subdivision" or "local government" means a local unit of government, including specifically a county, municipality, city, town, township, or a school or other special district created by or pursuant to State law. UNIT OF GENERAL LOCAL GOVERNMENT SEC. 104. "Unit of general local government" means any city, county, town, parish, village, or other general purpose political subdivision of a State. SPECIAL PURPOSE UNIT OF LOCAL GOVERNMENT SEC. 105. "Special-purpose unit of local government" means any special district, public-purpose corporation, or other strictly limited-purpose political subdivision of a State, but shall not include a school district. SEC. 106. The term "grant" or "grant-in-aid" means money, or property provided in lieu of money, paid or furnished by the United States under a fixed annual or aggregate authorization (A) to a State; or (B) to a political subdivision of a State; or (C) to a beneficiary under a plan or program, administered by a State or a political subdivision of a State, which is subject to approval by a Federal if such authorization either (i) requires the States or political subdivisions to expend non-Federal funds as a condition for the receipt of money or property from the United States; or (ii) specifies directly, or establishes by means of a formula, the amounts which may be paid or furnished to States or political subdivisions, or the amounts to be alloted for use in each of the States by the States, political subdivisions, or other beneficiaries. The term also includes money, or property provided in lieu of money, paid and furnished by the United States to any community action agency under the Economic Opportunity Act of 1964, as amended. The term does not include (1) shared revenues; (2) payments of taxes; (3) payments in lieu of taxes; (4) loans or repayable advances; (5) surplus property or surplus agricultural commodities furnished as such; (6) payments under research and development contracts or grants which are awarded directly and on similar terms to all qualifying organizations, whether public or private; or (7) payments to States or political subdivisions as full reimbursement for the costs incurred in paying benefits or furnishing services to persons entitled thereto under Federal laws. FEDERAL ASSISTANCE, FEDERAL FINANCIAL ASSISTANCE, FEDERAL ASSISTANCE PROGRAMS, OR FEDERALLY ASSISTED PROGRAMS (7) SEC. 107. The term "Federal assistance", Federal 42 U.S.C. 4201 financial assistance", Federal assistance programs", or "federally assisted programs", means programs that provide assistance through grant or contractual arrangements, and includes technical assistance programs or programs providing assistance in the form of loans, loan guarantees, or insurance. The term does not include any annual payment by the United States to the District of Columbia authorized by article VI of the District of Columbia Revenue Act of 1947 (D.C. Code secs. 47-2501a and 47-2501b). SPECIALIZED OR TECHNICAL SERVICES (8) SEC. 108. "Specialized or technical services" means 42 U.S.C. 4201 statistical and other studies and compilations, development projects, technical tests and evaluations, technical information, training activities, surveys, reports, documents, and any other similar service functions which any department or agency of the executive branch of the Federal Government is especially equipped and authorized by law to perform. COMPREHENSIVE PLANNING (9) SEC. 109. "Comprehensive planning" includes the 42U.S.C. 4201 following, to the extent directly related to area needs or needs of a unit of general local government: (A) preparation, as a guide for governmental policies and action, of general plans with respect to (i) the pattern and intensity of land use, (ii) the provision of public facilities (including transportation facilities) and other government services, and (iii) the effective development and utilization of human and natural resources; (B) long-range physical and fiscal plans for such action; (C) programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program; (D) coordination of all related plans and activities of the State and local governments and agencies 42 U.S.C. 4201 (10) concerned; and (E) preparation of regulatory and administrative measures in support of the foregoing. HEAD OF AGENCY SEC. 110 The term "head of a Federal agency" or "head of a State agency" includes a duly designated delegate of such agency head. PUBLIC BUILDINGS SELECTION OF ARCHITECTS AND ENGINEERS PUBLIC LAW 92-582; 86 STAT. 1278 The Federal Property and Administrative Services 40 U.S.C. 541 Act of 1949 (40 U.S.C. 471 et seq.) is amended by adding at the end thereof the following new title: 40 U.S.C. 542 40 U.S.C. 543 "TITLE IX-SELECTION OF ARCHITECTS AND ENGINEERS "DEFINITIONS "SEC. 901. As used in this title "(1) The term 'firm' means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering. "(2) The term 'agency head' means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government. "(3) The term 'architectural and engineering services' includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiable perform. "POLICY SEC. 902. The Congress hereby declares it to be the policy of the Federal Government to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. "REQUESTS FOR DATA ON ARCHITECTURAL AND ENGINEERING SERVICES SEC. 903. In the procurement of architectural and engineering services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency; together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him, no less than three of the firms deemed to be the most highly qualified to provide the services required. "NEGOTIATION OF CONTRACTS FOR ARCHITECTURAL AND ENGINEERING SERVICES SEC. 904. (a) The agency head shall negotiate a 40 U.S.C. 544 contract with the highest qualified firm for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Government. In making such determination, the agency head shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof. "(b) Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualifed, at a price he determines to be fair and reasonable to the Government, negotiations with that firm should be formally terminated. The agency head should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency head should terminate negotiations. The agency head should then undertake negotiations with the third most qualified firm. "(c) Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached." Approved October 27, 1972. Footnotes for Federal Property and Administrative Services Act of 1949, as Amended Note on statutory development of the Act: The Federal Property and Administrative Services Act of 1949, Public Law 152, 81st Cong., approved June 30, 1949, 63 Stat. 377, An Act To simplify the procurement, utilization, and disposal of Government property, to reorganize certain agencies of the Government, and for other purposes, was explicitly amended by the following laws (40 U.S.C. 471–475, 481, 483, 484, 485–492, 511–514, 521-524, 531-535, 751-759; 41 U.S.C. 251-254, 255, 257-260): (1) Public Law 754, 81st Cong., approved September 5, 1950, 64 Stat. 578, An Act To amend the Federal Property and Administrative Services Act of 1949, and for other purposes. (2) Public Law 245, 82d Cong., approved October 31, 1951, 65 Stat. 700, An Act To amend section 304 of the Federal Property and Administrative Services Act of 1949 and section 4 of the Armed Services Procurement Act of 1947. (3) Public Law 522, 82d Cong., approved July 12, 1952, 66 Stat. 593, An Act To amend further the Federal Property and Administrative Services Act of 1949, as amended, and for other purposes. |