Committee Prints

(b) Summary of measure.- The purpose of H.R. 16443 is to assure the selection of the most highly qualified architects and engineers to design and perform consultant services in carrying out the Federal Government's multibillion dollar construction and related programs.

This legislation casts in statutory form the selection procedure that has been universally followed by the Federal Government for 30 years in the procurement of professional architectural and engineering services. Under the system provided by this legislation, architects and engineers would compete on the basis of their respective capabilities, qualifications, and experience, as related to the proposed project. After the selection is completed, negotiations would be entered into with the most qualified firm, and a contract would be let if a fee that is fair and reasonable to the Government could be agreed upon.

This approach optimizes the possibility of the Federal Government's acquiring the most highly qualified services that will be translated into the most efficient buildings and other facilities costing less to construct and maintain. This approach avoids the pitfall of bidding or of routine competitive cost negotiation with the amount of the proposed fee being a direct factor in the selection of the firm to perform the work. As is the case in the selection of all professional services, the injection of fee considerations directly into the selection process gives an advantage to less competent members of the profession or to those willing to provide lower quality services. With regard to the selection of architects and engineers, the Government's interests lie in optimizing the quality of the services rather than minimizing the cost of the designs, plans and specifications.

This bill clarifies the manner in which Federal officials having construction and engineering responsibilities may procure these services. In essence, it spells out in statutory form the traditional selection system, thus removing any uncertainties as to the procedures to be followed in procuring architectural and engineering services. This legislation assures that the Federal Government can continue to procure these professional services in the manner that has long been established as being most consistent with the public's best interest.

(d) Hearings.-An open hearing was held on June 4, 1970. The transcript of the hearing has been printed.

3. H.R. 17455, To Amend the Federal Property and Administrative Services Act of 1949, as Amended, To Authorize the Administrator of General Services To Enter Into Contracts for Janitorial Services, Trash Removal, and Similar Services in Federally Owned and Leased Properties for Periods Not To Exceed 3 Years, and for Other Purposes.

(a) Report number and date.-Report No. 91-1359, July 30, 1970. (b) Summary of measure.-The purpose of H.R. 17455 is to authorize the Administrator of General Services to enter into contracts for janitorial services, trash removal, and other similar services in federally owned and leased properties for periods up to 3 years.

Under previous authority, contracts for such services were required to be executed annually. This short time period often resulted in the inability of the GSA to establish adequate control over the contractor and made it difficult to properly monitor the contractors' performance. In addition, the short-term contracts were often marked by a high rate of turnover among employees of the contractors.

Longer term contracts should result in greater economy and efficiency in the procurement of these services by the Federal Government and in greater economic and job stability for the employees of

contractors.

(d) Hearings. An open hearing was held on May 12, 1970. The transcript of the hearing has not been printed.

4. H.R. 18275, To Amend the Federal Property and Administrative Services Act of 1949, as Amended, To Provide for the Disposal of Surplus Federal Property for Park and Recreational Uses, and for Other Purposes.

(a) Report number and date.-House Report 91-1313, July 20, 1970.

(b) Summary of measure.-H.R. 18275 would amend the Federal Property and Administrative Services Act of 1949, as amended, to provide for the sale or lease of surplus Federal property to State and local governments at discounts of up to 100 percent for park and recreational use.

The objective of the legislation is to allocate a larger portion of this Nation's land area to park and recreational uses, to preserve our fast disappearing open spaces, and to assist local governments in providing more and better facilities to meet the recreational needs of our growing communities.

The Federal Government has long had a program making surplus Federal property available to State and local governments for park and recreational purposes at 50 percent of the fair market value. This program has had some success, but has become increasingly ineffective as local governments have experienced greater difficulty in generating the revenues needed to meet the 50-percent requirement. In essence, this legislation would make surplus Federal property available at discounts of up to 100 percent, depending on the benefits which have accrued or may accrue to the public of the United States in the continuing use of the property as a park or recreational area.

Under this legislation, the Administrator of General Services maintains the primary responsibility for the Federal Government's property acquisition, management and disposal programs. He would work with the Secretary of the Interior in identifying those surplus properties which could appropriately be transferred to a so-called local government for park or recreational use. The property would become available for transfer only after all Federal use has been exhausted and the property has been declared surplus to the needs of the Federal Government. Lands transferred pursuant to this legislation would be required to be perpetually maintained as a park or

recreational area. If, at any time, such use were to cease, ownership of the property would revert to the United States.

(c) Legislative status.-Tabled on House floor on August 10, 1970. (NOTE. The entire text of H.R. 18275 was accepted on the House floor as an amendment to H.R. 15913, thus making the passage of H.R. 18275 unnecessary. The House passed H.R. 15913, as amended, on August 10, 1970. This bill was then substituted for S. 1708. The Senate accepted the House version of S. 1708, and this legislation became Public Law 91-485 on October 22, 1970.)

(d) Hearings.-On June 9, 1970, an open hearing was held on H.R. 15870, H.R. 15984, H.R. 16023, H.R. 16024, H.R. 16031, H.R. 16038, H.R. 16045, H.R. 16052, H.R. 16109, H.R. 16237, H.R. 16346, H.R. 16450, H.R. 16864, H.R. 17675, and H.R. 504. On June 30, 1970, H.R. 18275, sponsored by all members of the subcommittee, was introduced as a clean bill incorporating portions of the aforementioned bills. The transcript of the hearing has been printed.

5. S. 406, To Amend the Federal Property and Administrative Services Act of 1949 To Permit the Rotation of Certain Property Whenever Its Remaining Storage or Shelf Life Is Too Short To Justify Its Retention, and for Other Purposes.

(a) Report number and date.-Report No. 91-1357. July 30, 1970. (b) Summary of measure. There are three discrete purposes of S. 406, all involving amendments to the Federal Property and Administrative Services Act of 1949.

First, this legislation amends section 201 of the Federal Property Act to authorize the Administrator of General Services to prescribe regulations for the rotation of certain medical supplies having a short remaining shelf life. Medical materials and supplies stockpiled specifically for national emergency purposes would be declared excess at a time when they would still be usable rather than being held by the stockpiling agency until shelf life had expired. These items would then be disposed of under normal excess and surplus property disposal procedures.

Second, section 402 of the Federal Property Act would be amended to provide for the return of foreign excess property to the United States for disposal as excess or surplus property under regulations prescribed by the Administrator of General Services. The regulations must require that the Federal agency, State agency, or donee receiving such property pay transportation costs incident to the return of the property to the United States.

Third, the legislation would further amend section 402 of the Federal Property Act to provide that any excess U.S. medical materials and supplies located in foreign countries not otherwise disposed of may be donated to qualifying nonprofit medical or health organizations for use in any foreign country.

(d) Hearings.-An open hearing was held on May 12, 1970. The transcript was not printed.

6. S. 1366, To Release the Conditions in a Deed With Respect to a Certain Portion of the Land Heretofore Conveyed by the United States to the Salt Lake City Corp.

(a) Report number and date.-Report No. 91-1360, July 30, 1970. (b) Summary of measure.-S. 1366 would release for limited purposes a restriction on a 3.73-acre portion of a 30-acre tract of land conveyed to the Salt Lake City Corp. on November 15, 1961, for park and recreational uses. This land was formerly surplus Federal property and, under the terms of the conveyance, could be used only for park and recreational purposes or ownership would revert to the United States.

A concrete block "U", the emblem of the University of Utah, has been located on this property for over 50 years. When the Alumni Association of the University attempted to renovate and illuminate the "U," a technical obstacle was encountered in that the proposal was not in strict compliance, according to some interpretations, with the restricted use required of the property. This legislation was introduced to remove the restriction for the limited purpose of permitting the repair and lighting of the "U.”

Subsequently, a revised interpretation of the conveyance instrument permitted the illumination and renovation work. However, the ambiguity of interpretation remained, and future permission to keep the block "U" in a proper state of repair would depend upon the continuing approval of future Secretaries of the Interior.

This legislation would permanently remove the uncertainty as to the right to keep the "U" properly repaired. It would in no way release the park and recreational use restriction for any other purpose on this or any other portion of the property.

(d) Hearings.-An open hearing was held on S. 1366 on May 12, 1970. The transcript of the hearing has not been printed.

7. S. 2763, To Allow the Purchase of Additional Systems and Equipment for Passenger Motor Vehicles Over and Above the Statutory Limitation.

(a) Report number and date.-Report No. 91-1358. July 30, 1970. (b) Summary of measure. The purpose of S. 2763 is to permit the Administrator of General Services to equip Government passenger vehicles with additional pollution control equipment, air conditioners, rustproofing, limited slip differentials, and other such items which have not been obtainable within the statutory price limitations requiring the Administrator to pay no more than $1,650 for sedans and $1,950 for station wagons completely equipped for operation.

The term "completely equipped for operation" has been construed by the Comptroller General to include all items of equipment on a ve

hicle. Under this interpretation, items often considered to be "optional" by the automobile industry cannot be included on Government automobiles because they are not obtainable within the statutory price limitations.

Studies have shown that more efficient use could be made of Government automobiles if some of the extra equipment were added on a selective basis. The inclusion of automatic transmissions, power steering, air conditioning in hot and humid areas, and rustproofing in coastal areas should produce significant increases in the return realized upon the sale of the automobiles. Many of the items would also result in safer operation of the vehicles and in improved efficiency and morale of Government employees.

Under this legislation, the Government would have the authority to equip its automobiles with the most effective pollution control equipment available or that may be perfected in the future. These devices on Government automobiles could contribute significantly to the improvement of our environment.

This legislation places upon the Administrator of GSA the responsibility for determining what equipment and systems come within the definition of "completely equipped for operation," and authorizes him to purchase, without regard to the statutory limitations, such additional equipment and systems on Government automobiles as he deems to be in the best interest of the Government.22

(d) Hearings.-An open hearing was held on H.R. 13578 (an identical bill) on May 12, 1970. The transcript of the hearing on H.R. 13578 was not printed.

INTERGOVERNMENTAL RELATIONS SUBCOMMITTEE

1. H.J. Res. 757, To Authorize Appropriations for Expenses of the Office of Intergovernmental Relations, and for Other Purposes. (a) Report number and date.-Report No. 91-648, November 17, 1969.

(b) Summary of measure.-The purpose of this joint resolution is to authorize such sums as may be necessary for expenses of the Office of Intergovernmental Relations established by Executive Order 11455 of February 14, 1969. The Office was set up to advise and assist the Vice President in performing his responsibilities as the President's principal liaison with the executive and legislative officials of State and local governments.

(d) Hearings.-A hearing was held on August 7, 1969. The hearing record has been printed.

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