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The following definitions are established for terms used in this part.

§ 105-50.001-1 State.

"State" means any of the several 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.

§ 105-50.001–2 Political subdivision or local government.

"Political subdivision" or "local 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. § 105-50.001-3

Unit of general local·

government. "Unit of general local government" means any city, county, town, parish, village, or other general purpose political subdivision of a State.

§ 105-50.001-4 Special-purpose unit of local government.

"Special-purpose unit of local government" means any special district, public-purpose corporation, or other strictly limited-purpose political subdivision of a State, but shall not include a school district.

§ 105-50.001-5 Specialized or technical services.

"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.

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(a) This Part 105–50 implements the provisions of title III of the Intergovernmental Cooperation Act of 1968 (82 Stat. 1102, 42 U.S.C. 4421–4225), the purpose of which is stated as follows:

It is the purpose of this title to encourage intergovernmental cooperation in the conduct of specialized or technical services and provision of facilities essential to the administration of State or local governmental activities, many of which are nationwide in scope and financed in part by Federal funds; to enable State or local governments to avoid unnecessary duplication of special service functions; and to authorize all departments and agencies of the executive branch of the Federal Government which do not have such authority to provide reimbursable specialized or technical services to State and local governments.

(b) This part is consistent with the rules and regulations promulgated by the Director, Office of Management and Budget, in the Office of Management and Budget Circular No. A-97, dated August 29, 1969, issued pursuant to section 302 of the cited Act (42 U.S.C. 4222). [36 F.R. 6498, Apr. 6, 1971, as amended at 36 F.R. 25409, Dec. 31, 1971]

§ 105-50.102 Applicability.

This part is applicable to all organizational elements of GSA insofar as the services authorized to be performed in Subpart 105-50.2, fall within their designated functional areas.

§ 105-50.103 Policy.

It is the policy of GSA to cooperate to the maximum extent possible with State and local units of government in providing the specialized or technical services authorized within the limitations set forth in § 105-50.104.

§ 105-50.104 Limitations.

The specialized or technical services provided under this part may be provided, in the discretion of the Administrator of General Services, only under the following conditions:

(a) Such services will be provided only to the States, political subdivisions

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(c) Such services will not be provided unless GSA is providing similar services for its own use under the policies set forth in the Office of Management and Budget Circular No. A-76 Revised, dated August 30, 1967, subject: Policies for acquiring commercial or industrial products and services for Government use. In addition, in accordance with the policies set forth in Circular No. A-76, the requesting entity must certify that such services cannot be procured reasonably and expeditiously through ordinary business channels.

(d) Such services will not be provided if they require any additions of staff or involve outlays for additional equipment or other facilities solely for the purpose of providing such services, except where the costs thereof are charged to the user of such services. Further, no staff additions may be made which impede the implementation of, or adherence to, the employment ceilings contained in Office of Management and Budget allowance letters.

(e) Such services will be provided only upon payment or provision of reimbursement, by the unit of government making the request, of salaries and all other identifiable direct and indirect costs of performing such services. For cost determination purposes, GSA will be guided by the policies set forth in the Office of Management and Budget Circular No. A-25, dated September 23, 1959, subject: User charges.

136 F.R. 6498, Apr. 6, 1971, as amended at 36 F.R. 25409, Dec. 31, 1971[

§ 105-50.105 Central coordination.

All requests for information of services shall be addressed to the General Services Administration (BE), Washington, DC 20405. The Director of Management Systems, Office of Administration, shall serve as a central coordinator and shall assign the request to the appropriate

organizational element of GSA for expeditious handling.

[36 F.R. 25409, Dec. 31, 1971]

§ 105-50.106 GSA response to requests.

Direct response to each request shall be made by the applicable Head of Service or Staff Office in GSA. He shall outline the service to be provided and the fee or reimbursement required. Any special conditions as to time and priority, etc., shall be stated. Written acceptance by the authorized State or local governmental entity shall constitute a binding agreement.

[36 F.R. 25409, Dec. 31, 1971]

Subpart 105-50.2-Services Available From General Services Administration

§ 105-50.201 Agencywide mission.

(a) In its role as a central property management agency, GSA constructs, leases, operates, and maintains office and other space; procures and distributes supplies; coordinates and provides for the economic and efficient purchase, lease, sharing, and maintenance of automatic data processing equipment by Federal agencies; manages stockpiles of materials maintained for use in national emergencies; transfers excess real and personal property among Federal agencies for further use; disposes of surplus real and personal property, by donation or otherwise, as well as materials excess to stockpile requirements; operates centralized data processing centers and telecommunications and motor pool systems; operates the National Archives and Presidential libraries; provides a variety of records management services, including the operation of centers for storing and administering records, as well as other common services.

(b) Special or technical services may be provided by many organizational elements of GSA, with respect to their functional areas, but the requesting State or local agency needs only to know that the service desired is related to one or more of the functional areas described above and direct its request as provided for under § 105-50.105.

§ 105-50.202 Specific services.

Within the functional areas identified in § 105-50.201, GSA can provide the services hereinafter described.

§ 105-50.202-1 Copies of statistical or other studies.

This material includes a copy of any existing statistical or other studies and compilations, results of technical tests and evaluations, technical information, surveys, reports, and documents, and any such materials which may be developed or prepared in the future to meet the needs of the Federal Government or to carry out normal program responsibilities of GSA.

§ 105-50.202-2 Preparation of or assistance in the conduct of statistical or other studies.

(a) This service includes preparation of statistical or other studies and compilations, technical tests and evaluations, technical information, surveys, reports, and documents and assistance in the conduct of such activities and in the preparation of such materials, provided they are of a type similar to those which GSA is authorized by law to conduct or prepare.

(b) Specific areas in which GSA can conduct or participate in the conduct of studies include:

(1) Space management, including assignment and utilization;

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

(3) Management of motor vehicles; (4) Records management; and (5) Automatic data systems.

§ 105-50.202-3 Training.

processing

(a) This training consists of the type which GSA is authorized by law to conduct for Federal personnel and others or which is similar to such training.

(b) Descriptions of the specific training courses conducted by GSA are published annually in the Interagency Training Programs bulletin, copies of which are available from the U.S. Civil Service Commission, Washington, D.C. 20415.

[36 F.R. 6498, Apr. 6, 1971, as amended at 36 F.R. 25409, Dec. 31, 1971]

§ 105-50.202–4 Technical assistance incident to Federal surplus personal property.

Technical assistance in the screening and selection of surplus personal property under existing law, provided such aid primarily strengthens the ability of the recipient in developing its own capacity to prepare proposals, will be provided.

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GSA will continue to make its bulk rate circuit ordering services available for use by State and local governments. Under a revised tariff effective December 12, 1971, GSA will bill the State and local governments for their share of the TELPAK costs. Services provided prior to December 12, 1971, will be billed by the contractors under the former arrangements. In addition, certain activities, such as surplus property agencies which have frequent communications with Federal agencies, will be given access to the Federal Telecommunications System switchboards.

[36 F.R. 25409, Dec. 31, 1971]

§ 105-50.202-7 Technical information and advice.

GSA will provide technical information, personnel management systems services, and technical advice on improving logistical and management services which GSA normally provides for itself or others under existing authorities.

Subpart 105-50.3-Principles Governing Reimbursements to GSA § 105-50.301 Established fees.

Where there is an established schedule of fees for services to other Government agencies or the public, such schedule shall be used as the basis for reimbursement for like services furnished State and local government.

§ 105-50.302 Special fee schedules.

Where there is no established schedule of fees for types of service which are ordinarily reimbursed on a fee basis, such schedules may be developed and promulgated in conjunction with the Office of Administration. The fees so established shall cover all costs, both direct and indirect, determined or estimated from the best available records in GSA. Periodically, fees shall be re

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 services 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 gress.

Reports submitted to Con

The Administrator of General Services 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

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105-60.701-1 GSA records. 105-60.701-2

105-60.702

105-60.703

Records transferred to the National Archives and Records Service.

Compliance with subpoena or other legal demand.

Authentication and attestation of copies.

AUTHORITY: The provisions of this Part 105-60 issued under section 205 (c), 63 Stat. 390, 40 U.S.C. 486(c); and 5 U.S.C. 552 (Public Law 90-23).

SOURCE: The provisions of this Part 10560 appear at 32 F.R. 9564, July 1, 1967, unless otherwise noted.

§ 105-60.000 Scope of part.

This part sets forth policies and procedures concerning the disclosure and availability to the public of records and information held by GSA with respect to: (a) Agency organization, functions, decisionmaking channels, and rules and regulations of general applicability, (b) agency final opinions and orders, including policy statements and staff manuals, (c) operational and other appropriate agency records, and (d) agency proceedings. The part also covers exemptions from disclosure of such materials, procedures for the guidance of the public in obtaining information and inspecting records, service of subpoena or other legal demand with respect to records,

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This Part 105-60 implements the provisions of 5 U.S.C. 552 (Public Law 90-23 which codified Public Law 89-487, popularly known as the "Freedom of Information Act," which amended section 3 of the Administrative Procedure Act, formerly 5 U.S.C. 1002 (1964 ed.)). It prescribes procedures under which the public may obtain information and inspect records of GSA in a convenient and orderly manner.

§ 105-60.102 Application.

This Part 105-60 applies to all records and information generated, developed, or held by GSA which come within the purview of 5 U.S.C. 552.

§ 105-60.103 Legal custody.

The Adminstrator of General Services has legal custody of all records held by GSA.

§ 105-60.104 Definitions.

For purposes of this Part 105-60, the following terms have the meanings ascribed to them in this § 105-60.104.

(a) Records. The term "records" means all books, papers, maps, photographs, or other documentary materials, regardless of physical form or characteristics, made or received by GSA in pursuance of Federal law or in connection with the transaction of public business and preserved or appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of GSA or because of the informational value of data contained therein. The term does not include:

(1) Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents; or

(2) Objects or articles, such as structures, furniture, paintings, sculpture, models, vehicles, or equipment.

(3) Donated historical materials (as defined in § 105-61.001-4) accepted by GSA from a source other than an agency

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