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$ 105-50.202-1 Copies of statistical or $ 105-50.202-5 Data processing servother studies.

ices. This material includes a copy of any GSA will develop ADP logistical feasiexisting statistical or other studies and bility studies, software, systems analyses, compilations, results of technical tests and programing. GSA will also assist in and evaluations, technical information, securing data processing services on a surveys, reports, and documents, and any temporary, short term basis, from other such materials which may be developed Federal facilities or GSA Federal Data or prepared in the future to meet the Processing Centers, to the extent that needs of the Federal Government or to computer capacity is available. carry out normal program responsibili

$ 105-50.202-6 Communications ties of GSA.

ices. § 105–50.202–2 Preparation of or

GSA will continue to make its bulk rate sistance in the conduct of statistical

circuit ordering services available for use or other studies.

by State and local governments. Under a (a) This service includes preparation revised tariff effective December 12, 1971, of statistical or other studies and com

GSA will bill the State and local governpilations, technical tests and evaluations, ments for their share of the TELPAK technical information, surveys, reports,

costs. Services provided prior to Decemand documents and assistance in the ber 12, 1971, will be billed by the conconduct of such activities and in the

tractors under the former arrangements. preparation of such materials, provided In addition, certain activities, such as they are of a type similar to those which surplus property agencies which have GSA is authorized by law to conduct or frequent communications with Federal prepare.

agencies, will be given access to the Fed(b) Specific areas in which GSA can eral Telecommunications System switchconduct or participate in the conduct of boards. studies include:

[36 F.R. 25409, Dec. 31, 1971) (1) Space management, including as

$ 105–50.202–7 Technical information signment and utilization;

and advice. (2) Supply management, including laboratory tests and evaluations;

GSA will provide technical informa(3) Management of motor vchicles; tion, personnel management systems (4) Records management; and

services, and technical advice on im(5) Automatic data processing

proving logistical and management systems.

services which GSA normally provides

for itself or others under existins § 105–50.202–3 Training.

authorities. (a) This training consists of the type which GSA is authorized by law to con

Subpart 105-50.3—Principles duct for Federal personnel and others or

Governing Reimbursements to GSA which is similar to such training.

§ 105–50.301 Established fees. (b) Descriptions of the specific training courses conducted by GSA are pub

Where there is an established schedlished annually in the Interagency

ule of fees for services to other GovernTraining Programs bulletin, copies of

ment agencies or the public, such

schedule shall be used as the basis for which are available from the U.S. Civil Service Commission, Washington, D.C.

reimbursement for like services fur. 20415.

nished State and local government. [36 F.R. 6498, Apr. 6, 1971, as amended at 36 F.R. 25409, Dec. 31, 1971)

§ 105–50.302 Special fee schedules.

Where there is no established sched$ 105–50.202-4 Technical assistance in

ule of fees for types of service which are cident to Federal surplus personal

ordinarily reimbursed on a fee basis, property.

such schedules may be developed and Technical assistance in the screening promulgated in conjunction with the Ofand selection of surplus personal prop- fice of Administration. The fees so eserty under existing law, provided such aid tablished shall cover all costs, both primarily strengthens the ability of the direct and indirect, determined or estirecipient in developing its own capacity mated from the best available records to prepare proposals, will be provided. in GSA. Periodically, fees shall be re

of the States and political subdivisions involved, where practical, and the cost of the work. § 105-50.402 Reports submitted to the

Office of Management and Budget. Copies of the foregoing reports will be submitted to the Office of Management and Budget not later than March 30 of each year.

PART 105-60_PUBLIC AVAILABILITY

OF AGENCY RECORDS AND IN-
FORMATIONAL MATERIALS

viewed for adequacy of recovery and adjusted as necessary. $ 105–50.303 Cost basis in lieu of fees.

Where the cost of services is to be recovered on other than a fee basis, upon receipt of a request from a State or local government for such services, a written reply shall be prepared by the service or staff office receiving the request stating the basis for reimbursement for the seryices to be performed. The proposal shall be based on an estimate of all direct costs, such as salaries of personnel involved, plus personnel benefits, travel and other related expenses; and such indirect costs as management, supervisory, and staff support expenses. An appropriate surcharge may be developed to recover these indirect costs. The terms thereof shall be concurred in by the Assistant Administrator for Administration. Acceptance in writing by the requestor shall constitute a binding agreement between GSA and the requesting governmental unit. § 105–50.304 Services provided through

revolving funds. Where the service furnished is of the type which GSA is now billing through revolving funds, reimbursement shall be obtained from State and local governments on the same basis; i.e., the same pricing method, billing forms, and billing support shall be used. $ 105–50.305 Exemptions.

Single copies of existing reports covering studies and statistical compilations, and other data or publications for which there is no established schedule of fees, shall be furnished without charge unless significant expense is incurred in reproducing the material, in which instance the actual cost thereof shall be charged.

Subpart 105–50.4—Reports § 105–50.401 Reports submitted to Con

gress. The Administrator of General Seryices will furnish annually to the respective Committees on Government Operations of the Senate and House of Representatives a summary report on the scope of the services provided under title III of the Act and this part. Such reports will be prepared as of the end of each calendar year and will indicate the nature of the services rendered, the names

Sec.
105-60.000 Scope of part.

Subpart 105-60.1-General Provisions 105–60.101 Purpose. 105-60.102 Application. 105-60.103 Legal custody. 105-60.104 Definitions. 105-60.105 Policy. 105-60.105–1 Availability of records and

other informational mate

rials. 105-60.105–2 Exemptions. 105-60.106 Congressional information. 105-60.107 Records and informational

materials of other agencies. 105-60.108 Inconsistent issuances of GSA

superseded. 105-60.109 Records involved in litigation

or other judicial process. Subpart 105-60.2- Publication of General

Agency Information and Rules in the Federal

Register 105-60.201 Published Information and

rules. 105-60.202 Published materials available

for sale to the public. 105-60.203 Effect of failure to publish. 105-60.204 Coordination of publication. 103-60.205 Incorporation by reference. Subpart 105–60.3—Availability of Opinions,

Orders, Policies, Interpretations, Manuals, and

Instructions 105-60.301 General. 105-60.302 Available materials. 105-60.303 Rules for public inspection

and copying. 105-60.304 Deletion of identifying details. 105-60.305 Index. 105-60.306 Effect of failure to make infor

mational materials available.

Subpart 105-60.4Identifiable Records 105-60.401 General. 105-60.402 Procedures for making records

available. 105-60.402–1 Submission of requests for

identifiable records.

Sec.

and authentication and attestation of 105-60.402-2 Review of requests.

record copies. 105–60.402–3 Approval of requests; inspection of records.

(33 F.R. 4883, Mar. 22, 1968] 105-60.402-4 Reproduction services.

Subpart 105-60.1-General 105-60.403 Denial of request for identiiable records.

Provisions 105-60.404 Appeal within agency of denial. 105-60.405 Judicial relief available to the

$ 105–60.101 Purpose. public.

This Part 105-60 implements the pro

visions of 5 U.S.C. 552 (Public Law 90-23 Subpart 105-60.5—Agency Proceedings

which codified Public Law 89-487, popu105-60.501 Agency proceedings.

larly known as the “Freedom of InforSubpart 105-60.6-Exemptions

mation Act," which amended section 3 of 105-60.601 General.

the Administrative Procedure Act, for105-60.602 Categories of records exempt

merly 5 U.S.C. 1002 (1964 ed.)). It preunder 5 U.S.C. 652 from scribes procedures under which the pubdisclosure.

uc may obtain information and inspect 105-60.603 Executive privilege exemption. records of GSA in a convenient and 105-60.604 Other statutory exemptions.

orderly manner. 105-60.605 Exemption of materials not

affecting the public or in $ 105-60.102 Application.
volving clearly unwarranted
invasions of personal pri-

This Part 105-60 applies to all records vacy.

and information generated, developed,

or held by GSA which come within the Subpart 105-60.7—Subpoenas or Other Legal

purview of 5 U.S.C. 552. Demands for Records and Authentication of Copies of Records

$ 105-60.103 Legal custody. 105-60.701 Service of subpoena or other The Adminstrator of General Services legal demand.

has legal custody of all records held by 105-60.701-1 GSA records.

GSA. 105-60.701–2 Records transferred to the Na

tional Archives and Records § 105-60.104 Definitions.
Service.

For purposes of this part 105–60, the 105-60.702 Compliance with subpoena or other legal demand.

following terms have the meanings 105-60.703 Authentication and attesta

ascribed to them in this $ 105–60.104. tion of copies.

(a) Records. The term "records"

means all books, papers, maps, photoAUTHORITY: The provisions of this part 105-60 issued under section 205(c), 63 Stat.

graphs, or other documentary materials, 390, 40 U.S.C. 486(c); and 5 U.S.C. 552 (Pub

regardless of physical form or characterUc Law 90-23).

istics, made or received by GSA in pur

suance of Federal law or in connection SOURCE: The provisions of this part 105

with the transaction of public business 60 appear at 32 F.R. 9564, July 1, 1967, unless otherwise noted.

and preserved or appropriate for preser

vation as evidence of the organization, § 105–60.000 Scope of part.

functions, policies, decisions, procedures, This part sets forth policies and pro

operations, or other activities of GSA or cedures concerning the disclosure and

because of the informational value of availability to the public of records and

data contained therein. The term does Information held by GSA with respect

not include: to: (a) Agency organization, functions,

(1) Library and museum material decisionmaking channels, and rules and made or acquired and preserved solely regulations of general applicability, (b)

for reference or exhibition purposes, agency final opinions and orders, in extra copies of documents preserved only cluding policy statements and staff for convenience of reference, and stocks manuals, (c) operational and other ap of publications and of processed docupropriate agency records, and (d) agency

ments; or proceedings. The part also covers exemp

(2) Objects or articles, such as structions from disclosure of such materials, tures, furniture, paintings, sculpture, procedures for the guidance of the public models, vehicles, or equipment. in obtaining information and inspecting (3) Donated historical materials (as records, service of subpoena or other defined in $ 105-61.001-4) accepted by legal demand with respect to records, GSA from a source other than an agency

of the U.S. Government in accordance with the provisions of 44 U.S.C. 397.

(b) Availability. The term "availability" signifies the right of the public to obtain information, purchase materials, and inspect and copy records and other pertinent information.

(c) Identifiable. The term "identifiable" means a description of a record which is specific to the extent that it will permit the location of the particular document with a reasonable effort.

(d) Private party. The term “private party" means any party other than an agency (as defined in 5 U.S.C. 551(c)). (32 F.R. 9564, July 1, 1967, as amended at 33 F.R. 4883, Mar. 22, 1968] $ 105–60.105 Policy. $ 105-60.105–1 Availability of records

and other informational materials. GSA records and other informational materials are available to the full extent required by 5 U.S.C. 552 and will be promptly furnished to any member of the public at convenient places and times and at an appropriate fee, if any. The person making the request need not have a particular interest in the subject matter, nor must he provide justification for the request. The requirement of 5 U.S.C. 552 that records be available to the public refers only to records in being at the time the request therefor is made. It imposes no obligation to compile a record in response to a request, although where it is not burdensome to do so, GSA will endeavor to compile such requested information. $ 105–60.105–2 Exemptions.

Requests for GSA records or other informational materials may be denied if disclosure is exempted under the provisions of 5 U.S.C. 552, as outlined in Subpart 105-60.6, or precluded by executive privilege (see $ 105-60.603). However, authority for nondisclosure will not be invoked unless there is a compelling reason to do so. In the absence of such compelling reason, records and other information will be disclosed although otherwise subject to exemption. 105-60.106 Congressional informa

tion. Nothing in this Part 105-60 authorizes withholding information from the Congress except where executive privilege is Invoked by the President (see $ 105– 60.603). (33 F.R. 4883, Mar. 22, 1968)

§ 105–60.107 Records and informational

materials of other agencies. (a) Other agencies' records managed and administered by GSA. The availability of records of other agencies located in the National Archives of the United States and Federal records centers are governed by Part 105-61 (Public Use of Records, Donated Historical Materials, and Facilities in the National Archives and Records Service).

(b) Current records of other agencies. If a request is submitted to GSA to make available current records or informational materials which are the primary responsibility of other agencies, but which are in GSA for review purposes, the request will be referred by GSA to the agency concerned for instructions, unless prior instructions have been received from the agency. [33 F.R. 4883, Mar. 22, 1968) § 105–60.108 Inconsistent issuances of

GSA superseded. Any policies and procedures contained in any GSA issuance which are inconsistent with the policies and procedures set forth in this part 105-60 are superseded to the extent of such inconsistency. $ 105–60.109 Records involved in litiga.

tion or other judicial process. Where there is reason to believe that any records requested may be involved in litigation or other judicial process in which the United States is a party, including discovery procedures pursuant to the Federal Rules of Civil Procedure or Federal Rules of Criminal Procedure, the request shall be referred to appropriate legal counsel for immediate coordination with the Department of Justice. Pending receipt of advice from that Department, the records involved shall not be made available. (33 F.R. 4884, Mar. 22, 1968) Subpart 105-60.2- Publication of

General Agency Information and

Rules in the Federal Register § 105-60.201 Published information and

rules. In accordance with 5 U.S.C. 552(a) (1), there are separately stated and currently published, or from time to time will be published, in the FEDERAL REGISTER, for the guidance of the public, the following general informational materials concerning GSA:

versely affected by, a matter required to be published in the FEDERAL REGISTER and not so published (see § 105–60.201). $ 105-60.204 Coordination of publica

tion. Coordination of GSA materials required to be published in the FEDERAL REGISTER in accordance with $ 105-60.201 are coordinated by the Office of Administration, GSA. § 105-60.205 Incorporation by refer

ence.

(a) Description of the organization of the Central Office and regional offices and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions.

(b) Statements of the general course and method by which GSA functions are channeled and determined, including the nature and requirements of all formal and informal procedures available.

(c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations.

(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by GSA.

(e) Each amendment, revision, or repeal of the foregoing (§ 105-60.201(a)(d)). § 105–60.202 Published materials avail.

able for sale to the public. Substantive rules of general applicability adopted by GSA as authorized by law which are published in the FEDERAL REGISTER and which are also available for sale to the public comprise the Federal Procurement Regulations, the General Services Administration Procurement Regulations, the Federal Property Management Regulations, and the General Services Administration Property Management Regulations. These series of regulations are codified in Chapters 1, 5, 101, and 105 of Title 41 of the Code of Federal Regulations and are also published in looseleaf volume form. The looseleaf version of the Federal Procurement Regulations is available for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, at prices established by that office. In addition, all of these regulations are available for sale by the Superintendent of Documents in (a) daily FEDERAL REGISTER form, and (b) in Code of Federal Regulations form, at prices established by that office. $ 105-60.203 Effect of failure to pub

lish. 5 U.S.C. 552(a) (1) provides that, except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be ad

When deemed appropriate, matter covered by $ 105-60.201 which is reasonably available to the class of persons affected thereby may be incorporated by reference in the FEDERAL REGISTER in accordance with standards prescribed from time to time by the Director of the FEDERAL REGISTER (see 1 CFR Part 20; 32 F.R. 7899, June 1, 1967). Subpart 105-60.3—Availability of

Opinions, Orders, Policies, Interpretations, Manuals, and Instrur.

tions § 105-60.301 General.

(a) GSA makes available for public inspection and copying the materials de scribed in 5 U.S.C. 552(a) (2), which are enumerated in $ 105-60.302, together with an index of such materials, at convenient locations and times. All Central Office materials are situated in Washington, D.C.; some are also available at GSA regional offices. Each regional office has the materials of its region. All locations provide public reading rooms for the purpose of inspection and copying of documents. Reasonable copying services are also furnished at appropriate fees.

(b) Reading room type materials may be withheld from inclusion in the reading room only with the approval of appropriate legal counsel. An explanation of such withholding shall be furnished to the appropriate Regional Director of Business Affairs and the Director of Information (Washington, D.C.). $ 105–60.302 Available materials.

(a) GSA materials which are available under this Subpart 105-60.3 are as follows:

(1) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases.

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