31 U.S. Code § 1535 - Agency agreements
Historical and Revision Notes |
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1982 Act |
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
1535(a) |
31:686(a)(1st sentence words before 15th comma, last proviso). |
Mar. 4, 1915, ch. 143, § 1(3d proviso on p. 1084), 38 Stat. 1084; May 21, 1920, ch. 194, § 7(a), 41 Stat. 613; June 30, 1932, ch. 314, § 601, 47 Stat. 417; restated July 20, 1942, ch. 507, 56 Stat. 661; Aug. 23, 1958, Pub. L. 85–726, § 1407, 72 Stat. 808; Aug. 6, 1981, Pub. L. 97–31, § 12(11), 95 Stat. 154; Dec. 29, 1981, Pub. L. 97–136, § 11, 95 Stat. 1707. |
1535(b) |
31:686(a)(1st sentence 1st proviso). |
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1535(c) |
31:686(a)(1st sentence words between 15th comma and 1st proviso, last sentence). |
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1535(d) |
31:686(c). |
May 21, 1920, ch. 194, § 7(c), 41 Stat. 613; June 30, 1932, ch. 314, § 601, 47 Stat. 417; restated June 26, 1943, ch. 150, § 1, 57 Stat. 219. |
31:686–1. |
Sept. 6, 1950, ch. 896, § 1210(last proviso), 64 Stat. 765. |
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1535(e)(1) |
31:686b(a), (b). |
June 30, 1932, ch. 314, § 602(a), (b), (c)(related to § 602), 47 Stat. 418. |
1535(e)(2) |
31:686b(c)(related to 31:686, 686b). |
In the section, the word “agency” is substituted for “executive department or independent establishment of the Government” for clarity. See 12 Comp. Gen. 442 (1932) and United States v. Mitchell, 425 F. Supp. 917 (D.D.C. 1976). The words “major organizational unit” or “unit” are substituted for “bureau or office” for consistency in the revised title. The words “to fill the order” or “filling the order” are substituted for “such requisitioned” and “as may be requisitioned” for clarity and because of the restatement. The words “goods or services” are substituted for “materials, supplies, equipment, work, or services” to eliminate unnecessary words.
In subsection (a)(4), the words “the head of the agency decides” are added, and the words “commercial enterprise” are substituted for “private agencies”, for clarity. The words “by competitive bids” are omitted as surplus because of various procurement laws.
In subsection (b), the words “The Secretary of Defense” are added for clarity because of Comptroller General decision B–20179 (Apr. 1, 1981). The words “a military department of the Department of Defense” are substituted for “the Department of the Army, Navy Department” for consistency with title 10 and to apply the source provisions to the Department of the Air Force because of sections 205(a) and 207(a) and (f) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501, 502), and section 1 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 488). The words “Secretary of Transportation in carrying out duties and powers related to aviation and the Coast Guard” are substituted for “Federal Aviation Agency, Coast Guard” to reflect the transfer of those functions to the Secretary of Transportation. The words “the Administrator of General Services” are added to reflect the transfer of the functions of the Bureau of Federal Supply of the Treasury Department to the Administrator by section 102(a) of the Act of June 30, 1949 (40:752(a)). The words “the Administrator of” are added before “Maritime Administration” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (c), the words “pursuant to such order” are omitted as unnecessary.
Subsection (d) is substituted for the source provisions being restated to reflect decisions of the Comptroller General, including 31 Comp. Gen. 83 (1951), 34 Comp. Gen. 418 (1955), 39 Comp. Gen. 317 (1959), and 55 Comp. Gen. 1497 (1976).
In subsection (e), the words “any Government department or independent establishment, or any bureau or office thereof” and “except as otherwise provided by law” are omitted as unnecessary because of the restatement. The text of 31:686b(a) is omitted as executed.
1984 Act |
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
1535(a) |
31 App.:686(a) (1st sentence words before 15th comma, proviso) |
May 21, 1920, ch. 194, § 7(a) (1st, 2d sentences), 41 Stat. 613; June 30, 1932, ch. 314, § 601, 47 Stat. 417; restated July 20, 1942, ch. 507, 56 Stat. 661; Aug. 23, 1958, Pub. L. 85–726, § 1407, 72 Stat. 808; Aug. 6, 1981, Pub. L. 97–136, § 11, 95 Stat. 1707; Oct. 15, 1982, Pub. L. 97–332, § 1(1)–(3), 96 Stat. 1622. |
1535(b) |
31 App.:686(a) (1st sentence words between 15th comma and proviso, 2d sentence) |
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1535(c) |
31 App.:686(a) (last sentence) |
May 21, 1920, ch. 194, 41 Stat. 607, § 7(a) (last sentence); added Oct. 15, 1982, Pub. L. 97–332, § 1(4), 96 Stat. 1622. |
1984—Subsec. (a)(3). Pub. L. 98–216, § 1(2)(A), inserted “or get by contract” after “provide”.
Subsec. (a)(4). Pub. L. 98–216, § 1(2)(B), inserted “by contract” after “provided”.
Subsecs. (b), (c). Pub. L. 98–216, § 1(2)(C)–(E), redesignated subsec. (c) as (b). Former subsec. (b), which provided that the Secretary of Defense, the Secretary of a military department of the Department of Defense, the Secretary of Transportation in carrying out duties and powers related to aviation and the Coast Guard, the Secretary of the Treasury, the Administrator of General Services, and the Administrator of the Maritime Administration could place orders under this section for goods and services that an agency or unit filling the order might be able to provide or procure by contract, was struck out.
Pub. L. 110–417, [div. A], title VIII, § 865, Oct. 14, 2008, 122 Stat. 4550, as amended by Pub. L. 115–232, div. A, title VIII, § 875, Aug. 13, 2018, 132 Stat. 1906, provided that:
Pub. L. 108–136, div. A, title X, § 1058, Nov. 24, 2003, 117 Stat. 1619, provided that:
Pub. L. 107–206, title I, § 904, Aug. 2, 2002, 116 Stat. 876, provided that:
Pub. L. 103–355, title I, § 1074, Oct. 13, 1994, 108 Stat. 3271, provided that the Federal Acquisition Regulation was to be revised to include regulations governing the exercise of authority under this section for Federal agencies to purchase goods and services under contracts entered into or administered by other agencies, and further provided for content of regulations, establishment of system to monitor procurements under regulations, and that section would cease to be effective one year after date on which final regulations took effect. Final regulations were published in the Federal Register Sept. 26, 1995, effective Oct. 1, 1995. See 60 F.R. 49720.
Pub. L. 105–261, div. A, title VIII, § 814, Oct. 17, 1998, 112 Stat. 2087, which directed Secretary of Defense, not later than 90 days after Oct. 17, 1998, to revise regulations issued pursuant to section 844 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L. 103–160, see below) to cover certain purchases greater than the micro-purchase threshold and to provide for a streamlined method of compliance for any such purchase that is not greater than the simplified acquisition threshold, ceased to be effective 1 year after date on which final regulations took effect. Final regulations were published in the Federal Register Mar. 25, 1999, effective on that date. See 64 F.R. 14399.
Pub. L. 103–160, div. A, title VIII, § 844, Nov. 30, 1993, 107 Stat. 1720, directed Secretary of Defense, not later than six months after Nov. 30, 1993, to prescribe regulations governing exercise by Department of Defense of authority under this section to purchase goods and services under contracts entered into or administered by another agency, and provided for content of regulations, establishment of system to monitor procurements under regulations, and that section would cease to be effective one year after date on which final regulations took effect. Final regulations were published in the Federal Register Sept. 26, 1995, effective Oct. 1, 1995. See 60 F.R. 49720.
Pub. L. 101–163, title I, § 8, Nov. 21, 1989, 103 Stat. 1046, as amended by Pub. L. 112–10, div. B, title IX, § 1904, Apr. 15, 2011, 125 Stat. 170, provided that: