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CHAPTER 103-DEPARTMENT OF HEALTH,

EDUCATION, AND WELFARE

[Reserved]

NOTE: At 39 FR 24506, July 3, 1974, the Department of Health, Education, and Welfare determined that Chapter 103, Title 41 was obsolete. Accordingly Chapter 103, Title 41 was revoked and reserved.

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Part

CHAPTER 105-GENERAL SERVICES

ADMINISTRATION

105-50

105-60 105-61

105-62

Provision of special or technical services to State and local units of
government.

Public availability of agency records and informational materials.
Public use of records, donated historical materials, and facilities in the
National Archives and Records Service.

Document security and declassification.

105-64 Advisory committee management. 105-735 Standards of conduct.

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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]

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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

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(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.

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