40 USC 321 - Acquisition Services Fund

U.S Code last checked for updates: Nov 22, 2024

§ 321.

Acquisition Services Fund

(a)

Existence.—

The Acquisition Services Fund is a special fund in the Treasury.

(b)

Composition.—

(1)

In general.—

The Fund is composed of amounts authorized to be transferred to the Fund or otherwise made available to the Fund.

(2)

Other credits.—

The Fund shall be credited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including—

(A)

the net proceeds of disposal of surplus personal property; and

(B)

receipts from carriers and others for loss of, or damage to, personal property; and

(C)

receipts from agencies charged fees pursuant to rates established by the Administrator.

(3)

Cost and capital requirements.—

The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged agencies provided, or to be provided, supply of personal property and non-personal services through the Fund, in accordance with the plan.

(4)

Deposit of fees.—

Fees collected by the Administrator under section 313 of this title may be deposited in the Fund to be used for the purposes of the Fund.

(c)

Uses.—

(1)

In general.—

The Fund is available for use by or under the direction and control of the Administrator for—

(A)

procuring, for the use of federal agencies in the proper discharge of their responsibilities—

(i)

personal property (including the purchase from or through the Director of the Government Publishing Office, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents);

(ii)

nonpersonal services; and

(iii)

personal services related to the provision of information technology (as defined in section 11101(6) of this title);

(B)

paying the purchase price, cost of transportation of personal property and services, and cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property; and

(C)

paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration.

(2)

Other uses.—

The Fund may be used for the procurement of personal property and nonpersonal services authorized to be acquired by—

(A)

mixed-ownership Government corporations;

(B)

the municipal government of the District of Columbia; or

(C)

a requisitioning non-federal agency when the function of a federal agency authorized to procure for it is transferred to the Administration.

(d)

Payment for Property and Services.—

(1)

In general.—

For property or services procured through the Fund for requisitioning agencies, the agencies shall pay prices the Administrator fixes under this subsection.

(2)

Prices fixed by administrator.—

The Administrator shall fix prices at levels sufficient to recover—

(A)

so far as practicable—

(i)

the purchase price;

(ii)

the transportation cost;

(iii)

inventory losses;

(iv)

the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property;

(v)

the cost of personal services employed directly in providing information technology (as defined in section 11101(6) of this title); and

(vi)

the cost of amortization and repair of equipment used for lease or rent to executive agencies; and

(B)

properly allocable costs payable by the Fund under subsection (c)(1)(C).

(3)

Timing of payments.—

(A)

Payment in advance.—

A requisitioning agency shall pay in advance when the Administrator determines that there is insufficient capital otherwise available in the Fund. Payment in advance may also be made under an agreement between a requisitioning agency and the Administrator.

(B)

Prompt reimbursement.—

If payment is not made in advance, the Administration shall be reimbursed promptly out of amounts of the requisitioning agency in accordance with accounting procedures approved by the Comptroller General.

(C)

Failure to make prompt reimbursement.—

The Administrator may obtain reimbursement by the issuance of transfer and counterwarrants, or other lawful transfer documents, supported by itemized invoices, if payment is not made by a requisitioning agency within 45 days after the later of—

(i)

the date of billing by the Administrator; or

(ii)

the date on which actual liability for personal property or services is incurred by the Administrator.

(e)

Reimbursement for Equipment Purchased for Congress.—

The Administrator may accept periodic reimbursement from the Senate and from the House of Representatives for the cost of any equipment purchased for the Senate or the House of Representatives with money from the Fund. The amount of each periodic reimbursement shall be computed by amortizing the total cost of each item of equipment over the useful life of the equipment, as determined by the Administrator, in consultation with the Sergeant at Arms and Doorkeeper of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate.

(f)

Transfer of Uncommitted Balances.—

Following the close of each fiscal year, after making provision for a sufficient level of inventory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.

(g)

Audits.—

The Comptroller General shall audit the Fund in accordance with the provisions of chapter 35 of title 31 and report the results of the audits.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1074; Pub. L. 109–313, § 3(d)–(g), (h)(2), Oct. 6, 2006, 120 Stat. 1735, 1736; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.)

cite as: 40 USC 321