§205c. Definitions

As used in this subchapter, the term-

(1) "Board" means the United States Metric Board, established under section 205d of this title;

(2) "engineering standard" means a standard which prescribes (A) a concise set of conditions and requirements that must be satisfied by a material, product, process, procedure, convention, or test method; and (B) the physical, functional, performance and/or conformance characteristics thereof;

(3) "international standard or recommendation" means an engineering standard or recommendation which is (A) formulated and promulgated by an international organization and (B) recommended for adoption by individual nations as a national standard;

(4) "metric system of measurement" means the International System of Units as established by the General Conference of Weights and Measures in 1960 and as interpreted or modified for the United States by the Secretary of Commerce;

(5) "full and open competition" has the same meaning as defined in section 107 of title 41;

(6) "total installed price" means the price of purchasing a product or material, trimming or otherwise altering some or all of that product or material, if necessary to fit with other building components, and then installing that product or material into a Federal facility;

(7) "hard-metric" means measurement, design, and manufacture using the metric system of measurement, but does not include measurement, design, and manufacture using English system measurement units which are subsequently reexpressed in the metric system of measurement;

(8) "cost or pricing data or price analysis" has the meaning given such terms in section 3501(a) of title 41; and

(9) "Federal facility" means any public building (as defined under section 3301(a) of title 40 ¹ and shall include any Federal building or construction project-

(A) on lands in the public domain;

(B) on lands used in connection with Federal programs for agriculture research, recreation, and conservation programs;

(C) on or used in connection with river, harbor, flood control, reclamation, or power projects;

(D) on or used in connection with housing and residential projects;

(E) on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facility of the Department of Defense);

(F) on installations of the Department of Veteran ² Affairs used for hospital or domiciliary purposes; or

(G) on lands used in connection with Federal prisons,

but does not include (i) any Federal building or construction project the exclusion of which the President deems to be justified in the public interest, or (ii) any construction project or building owned or controlled by a State government, local government, Indian tribe, or any private entity.

( Pub. L. 94–168, §4, Dec. 23, 1975, 89 Stat. 1007 ; Pub. L. 104–289, §3, Oct. 11, 1996, 110 Stat. 3411 .)

Editorial Notes

Codification

In par. (5), "section 107 of title 41" substituted for "section 403(6) of title 41, United States Code" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854 , which Act enacted Title 41, Public Contracts.

In par. (8), "section 3501(a) of title 41" substituted for "section 304A of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254b)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854 , which Act enacted Title 41, Public Contracts.

In par. (9), "section 3301(a) of title 40" substituted for "section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303 , the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

1996-Pars. (5) to (9). Pub. L. 104–289 added pars. (5) to (9).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment; Savings Provision

Pub. L. 104–289, §6, Oct. 11, 1996, 110 Stat. 3415 , provided that:

"(a) Effective Date.-This Act [See Short Title of 1996 Amendment note set out under section 205a of this title] and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act [Oct. 11, 1996].

"(b) Savings Provisions.-This Act shall not apply to contracts awarded and solicitations issued on or before the effective date of this Act, unless the head of a Federal agency makes a written determination in his or her sole discretion that it would be in the public interest to apply one or more provisions of this Act or its amendments to these existing contracts or solicitations."

¹ So in original. Probably should be followed by a closing parenthesis.

² So in original. Probably should be "Veterans".