2011 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES (§§ 101 - 1315)
Chapter 5 - PROPERTY MANAGEMENT (§§ 501 - 611)
Subchapter III - DISPOSING OF PROPERTY (§§ 541 - 559)
Section 545 - Procedure for disposal
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY Sec. 545 - Procedure for disposal |
Contains | section 545 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087; Pub. L. 111-350, §5(<em>l</em>)(10), Jan. 4, 2011, 124 Stat. 3852. |
Statutes at Large References | 63 Stat. 386 66 Stat. 593 67 Stat. 521 68 Stat. 474 70 Stat. 1020 72 Stat. 288 102 Stat. 3180 116 Stat. 1087 124 Stat. 3852 |
Public Law References | Public Law 85-486, Public Law 100-612, Public Law 107-217, Public Law 111-350 |
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(a)
(1)
(A)
(B)
(i) under subsection (b) or (d); or
(ii) by abandonment, destruction, or donation or through a contract broker.
(2)
(3)
(4)
(b)
(1) necessary in the public interest—
(A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or
(B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator;
(2) the public health, safety, or national security will be promoted by a particular disposal of personal property;
(3) public exigency will not allow delay incident to advertising certain personal property;
(4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national economy, and the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;
(5) the estimated fair market value of the property involved does not exceed $15,000;
(6) after advertising under subsection (a), the bid prices for the property, or part of the property, are not reasonable or have not been independently arrived at in open competition;
(7) with respect to real property, 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;
(8) the disposal will be to a State, territory, or possession of the United States, or to a political subdivision of, or a tax-supported agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or
(9) otherwise authorized by law.
(c)
(d)
(1)
(2)
(e)
(1)
(A)
(i) personal property that has an estimated fair market value in excess of $15,000;
(ii) real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)–(v) of this subparagraph;
(iii) real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year;
(iv) real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or
(v) real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property.
(B)
(2)
(3)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087; Pub. L. 111–350, §5(l)(10), Jan. 4, 2011, 124 Stat. 3852.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
545 | 40:484(e). | June 30, 1949, ch. 288, title II, §203(e), 63 Stat. 386; July 12, 1952, ch. 703, §1(i), 66 Stat. 593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 Stat. 474; Aug. 3, 1956, ch. 942, 70 Stat. 1020; Pub. L. 85–486, July 2, 1958, 72 Stat. 288; Pub. L. 100–612, §§3, 4, Nov. 5, 1988, 102 Stat. 3180. |
In subsection (e)(3), the words “A report” are substituted for “the annual report” for consistency in the revised title. See the revision note under section 126 of this title.
Amendments2011—Subsec. (f). Pub. L. 111–350 substituted “Section 6101(b)–(d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
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