October 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. 90-577 provides that the definition contained therein are applicable to the whole Act. Hence, the following definitions apply to Title VIII: TITLE I-DEFINITIONS When used in this Act FEDERAL AGENCY 42 U.S.C. 4201 (1) SEC. 101. The term "Federal agency" means any de- 42 U.S.C. 4201 partment, agency, or instrumentality in the executive branch of the Government and any wholly owned Government corporation. STATE (2) SEC. 102. The term "State" means any of the several 42 U.S.C. 4201 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 (3) SEC. 103. The term "political subdivision" or "local 42 U.S.C. 4201 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 (4) SEC. 104. "Unit of general local government" means 42 U.S.C. 4201 any city, county, town, parish, village, or other general purpose political subdivision of a State. SPECIAL PURPOSE UNIT OF LOCAL GOVERNMENT (5) SEC. 105. "Special-purpose unit of local government" 42 U.S.C. 4201 means any special district, public-purpose corporation, or other strictly limited-purpose political subdivision of a State, but shall not include a school district. (6) SEC. 106. The term "grant" or "grant-in-aid" means 42 U.S.C. 4201 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 agency; 42 U.S.C. 4201 (7) 42 U.S.C. 4201 (8) 42 U.S.C. 4201 (9) 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 SEC. 107. The term "Federal assistance", Federal 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 SEC. 108. "Specialized or technical services" means 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 SEC. 109. "Comprehensive planning" includes the 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) longrange 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 the local governments and agencies concerned; and (E) preparation of regulatory and administrative measures in support of the foregoing. HEAD OF AGENCY (10) SEC. 110. The term "head of a Federal agency" or "head 42 U.S.C. 4201 of a State agency" includes a duly designated delegate of such agency head. PUBLIC BUILDINGS-SELECTION OF 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: TITLE IX-SELECTION OF ARCHITECTS AND 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 justifiably perform. POLICY SEC. 902. The Congress hereby declares it to be the 40 U.S.C. 542 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. 40 U.S.C. 543 40 U.S.C. 544 REQUESTS FOR DATA ON ARCHITECTURAL 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 SEC. 904. (a) The agency head shall negotiate a 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 qualified, 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. 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 1. This section reference is not included in the statutory table of contents, but has been added for complete ness. 2. Idem. 3. Although the text of Title V-Federal Records was repealed (sec. 3, Pub. L. 90-620, (Oct. 22, 1968, 82 Stat. 1306, 1309), the reference to Title V in the Table of Contents was not specifically modified. 4. This table of contents material for Title VIII is not included in the statute, but has been added for completeness. 5. Both the Bureau of the Budget and the Director thereof were designated Office of Management and Budget and Director of the Office of Management and Budget by Reorganization Plan No. 2 of 1970, 35 F.R. 7959, 84 Stat. 2085, 31 U.S.C. 16 note. 6. See note 5. 7. Public Roads Administration (Bureau of Public Roads) was transferred to the Department of Commerce by Reorganization Plan No. 7 of 1949, effective Aug. 20, 1949 (63 Stat. 1070; 3 CFR). Its functions were transferred to the Department of Transportation April 1, 1967 (P.L. 89-670, Oct. 15, 1966, 80 Stat. 933). 8. Portions of section 104 were reenacted as positive law: sec. 104(a), second sentence (1), and sec. 104(b), second sentence, see 44 U.S.C. 1506, 2301, 2501; sec. 104(a), fourth sentence, see 44 U.S.C. 2102; and sec. 104(c), see 44 U.S.C. 2902. 9. See note 5. 11. This section caption is not included in the statute, but has been added for completeness. 12. See note 5. 13. See note 5. 14. Act specifies "National Military Establishment." Changed by sec. 4, 63 Stat. (579). See 10 U.S.C. 131. 15. See note 5. 16. So in original. The term "at" is probably intended. 17. Act specifies "United States Maritime Commission." Changed by sec. 204, Reorganization Plan No. 21 of 1950 (64 Stat. 1276; 3 CFR). 10. 18. Act specifies "Commission." Changed-see note 19. See note 5. 20. See note 5. 21. Act specifies "Munitions Board." Changed—see sec. 2(c), Reorganization Plan No. 3 of 1953 (67 Stat. 635; 3 CFR); sec. 1, Reorganization Plan No. 1 of 1958 (72 Stat. 1799; 3 CFR). This authority delegated to Director of the Office of Emergency Planning (sec. 402, E.O. 11051, Sept. 27, 1962, 27 F.R. 9686; 3 CFR) now the |