FAST HOME

HELP

WHAT'S NEW

COMMENTS

POLICY
Appendix E: External Authorities (Added 04/2003)

This table highlights selected government-wide laws, regulations, executive orders, and other directives that affect acquisition programs. In some instances, FAA-unique implementation of these authorities is outlined in the Acquisition Management System. In most cases, however, implementation is through means other than the Acquisition Management System. This table is not all inclusive. Full text of the authorities may be viewed from the following websites: http://www.nara.gov/fedreg/ or http://uscode.house.gov

The appendix is divided into four parts as follows:

Part I – Statutes arranged alphabetically by title

Part II – Executive Orders arranged numerically

Part III – Regulations/Standards arranged alphabetically by title

Part IV – External Authorities applicable to Real Estate (Revised 04/2003)

  1. Statutes arranged alphabetically by title
  2. Executive Orders arranged numerically
  3. Regulations/Standards arranged alphabetically by title

Appendix E: External Authorities - Part I - Statutes

 

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Administrative Procedures Act

(5 USC 500 se seq)

Authorizes a duly qualified individual to represent a person before an agency.

All

      

*

Agreement on civil aircraft (19 USC 2513)

Exempts civil aircraft from Buy American Act.

Procurement

      

*

Air Commerce and Safety (49 USC 40121(c) (2)

Establishes legal authority for joint activities between DoD and the FAA to improve or replenish the national air traffic control system.

Procurement

  

G

    

Airport Improvement (AIP) Grants (49 USC 47101)

Establishes U.S. Policy for Airport development and improvement.

Agreements

  

G

    

Air Transportation Security, (49 USC 44903)

Authorizes the Administrator to prescribe regulations to protect passengers and property on an aircraft operating in air transportation or intrastate air transportation against an act of criminal violence or aircraft piracy.

Procurement

  

G

    

Anti-Deficiency Act (31 USC 1341)

Prohibits expenditure in excess of funds available

Procurement

P

G

C

  

Anti-Kickback Act

(41 USC 51-58

Prohibits offering or accepting kickbacks; criminal penalties apply.

Ethics

Procurement

Real Estate

    

 

C

*

Anti-Lobbying Act (31 USC 1352)

Prohibits use of Federal funds for lobbying

Procurement

      

*

Assistance to Foreign Aviation Authorities (49 USC 40113(e)

Authorizes the Administrator to provide safety-
related training and operational services to foreign aviation authorities with or without
reimbursement, if the Administrator determines that providing such services promotes aviation safety.

Procurement

  

G

    

Authority to Transfer an Interest in Surplus Property

(49 USC 47151)

Authorizes a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation to give a State, political subdivision of a State, or tax-supported organization any interest in property subject to sections 47152, Terms of Gifts and 47153, Waiving and Adding Terms, of this title.

Procurement

  

G

    

Bayh-Dole Act

( 35 USC 200)

Provides policy regarding inventions made with Government Assistance

Procurement

      

*

Bona fide Fiscal year need statutes (31 USC 1301)

Requires appropriations to be applied only to the objects for which the appropriations were made except as otherwise provided by law.

Budget

Procurement

    

C

*

Bribery and Conflict of Interest Laws

(18 USC 201)

Prescribes fines and punishment for bribery of public officials and witnesses.

All

      

*

Bribery and Conflict of Interest Laws (18 USC 208)

Prescribes acts and penalties affecting a personal financial interest.

All

P

      

Buy American Act (41 USC 10)

Requires American manufactured materials and supplies for public use. (Also see Executive Order 10582)

Procurement

P

G

C

  

Buy American (FAA) (49 USC 50101)

Mandates a preference for raw and manufactured American materials.

Procurement

    

C

*

Cargo Preference Act (46 USC 1241)

Mandates preference for shipping cargo on U.S. ships.

Procurement

    

C

  

Carribean Basin Economic Recovery Act (19 USC 2701)

Exempts certain Carribean countries from Buy American provisions of 19 USC 2701.

Procurement

  

G

    

Clean Air Act (42 USC 7401 et seq)

Encourages or otherwise promotes reasonable Federal, State, and local governmental actions,

consistent with the provisions of this chapter, for pollution prevention.

Procurement

Environment

P

G

C

  

Clean Water Act (33 USC 1251 et seq)

Restores and maintains the chemical, physical, and biological integrity of the Nation's waters.

Procurement

Environment

P

G

C

  

Common Carrier Liability (49 USC 11707)

Specifies liability when property is delivered in violation of routing instructions.

Procurement

      

*

Contract Work Hours and Safety Standards Act

(40 USC 328)

Establishes a standard workday of 8 hours and a standard workweek of 40 hours for laborers and mechanics; with compensation of not less than one and one-half times the basic rate of pay for work in excess of the standard workweek.

Procurement

P

G

C

  

Convict Labor Act

(18 USC 23-436)

Prohibits convicts from performing government contracts. (Also see Executive Orders 11755 and 12943)

Procurement

P

G

    

Cooperative Research and Development Agreements (15 USC 3710a)

Supports the full use of the results of the Nation's Federal investment in research and development. To this end the Federal
Government shall strive where appropriate to transfer federally owned or originated technology to State and local governments and
to the private sector.

Agreements

  

G

    

Copeland Act (18 USC 874 and 40 USC 276c)

a.k.a. Anti-Kickback Act

Makes it unlawful to induce any person, employed in the construction or repair of public buildings or public works financed in whole or in part by the U.S., to give up any part of the compensation to which they are entitled.

Procurement

P

G

C

  

Davis Bacon Act

(40 USC 276a)

Requires construction contractors to pay prevailing wages for laborers and mechanics.

Procurement

P

G

C

  

Department of Transportation, General Duties and Powers (49 USC 322(c))

Provides general authority for FAA to enter into reimbursable agreements with other agencies and for cooperative agreements to use the services, records, and facilities of State, territorial, municipal and other agencies. However, 49 USC 106 (l) and (m) provides broader authority and should be cited in place of Section 322(c) for FAA agreements.

Agreements

  

G

    

Disclosure of Confidential Information (18 USC 1905)

Prohibits the disclosure of confidential information by public officials (i.e. trade secrets)

Ethics

Procurement

P

G

    

Drug Free Workplace (41 USC 10)

Prohibits award of contracts to entities who have not certified that it is a drug free workplace. AMS does not reference 41 USC 10. However it is the FAA policy to only award contracts to entities who have certified that it is a drug free workplace.

Procurement

P

G

C

  

Economy Act (31 USC 1535)

Authorizes the head of an agency or major organizational unit within to place an order with a major organizational unit within
the same agency or another agency for goods or services under conditions specified in the statute.

Procurement

  

G

    

Energy Policy and Conservation Act (42 USC 6361(a)(1))

Requires agencies to develop mandatory standards with respect to energy conservation and energy efficiency to govern the procurement policies and decisions of the Federal Government and all Federal agencies and to cause such standards to be implemented.

Procurement

Environment

P

G

    

Explosive Detection (49 USC 44913)

Governs the deployment and purchase of explosive detection equipment under 14 USC 108.7(b)(8) or 108.20 when the Administrator of the Federal Aviation Administration certifies that the equipment alone, or as part of an integrated system, can detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft.

Procurement

  

G

    

False Claims Act

(31 USC 3729)

Specifies civil penalties for false claims against the U.S.

All

  

G

  

*

Fastner Quality Act – June 8, 1999 (15 U.S.C. 5402)

Requires fasteners (i.e. bolts, nuts, screws) to be manufactured in accordance with a fastener quality assurance system; or manufactured to a proprietary standard, such as ISO 9000, QS9000, VDA6.1, or AS9000.

Procurement

P

      

Federal Aviation Administration (49 USC 106(1))

Authorizes the Administrator to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration.

Procurement

P

G

    

Federal Claims Collection (31 USC 3711)

Establishes provisions for collecting claims of the U.S. for money or property arising out of the activities of, or referred to the agency.

Procurement

      

*

Federal Excise Taxes (26 USC 4041)

Imposes tax on diesel fuel in certain cases.

Procurement

P

G

    

Federal Facilities Compliance Act

Mixed Waste is regulated as hazardous and radioactive waste under the Resource Conservation and Recovery Act (RCRA) and the Atomic Enery Act (AEA), respectively.

Environment

      

*

Federal Prison Industries (18 USC 4121)

Prescribes requirement for purchases from Federal Prison facilities.

Procurement

P

G

C

  

Federal Workforce Restructuring Act of 1994 – P.L. 103-226 (5 USC 5597)

To provide temporary authority to Government agencies relating to voluntary separation, incentive payments, and for other purposes and limitation on procurement of Service Contracts with involuntarily separated employees.

Procurement

P

G

C

  

Freedom of Information Act of 1986 (5 USC 552)

Regulates the release of public information; agency rules, opinions, orders,
records, and proceedings.

All

P

G

C

  

General Facilities and Personnel Authority

(49 USC 44502)

Provides general authority to the Administrator of the Federal Aviation Administration to acquire, establish, improve, operate, and maintain air navigation facilities; and provide facilities and personnel to regulate and protect air traffic.

Procurement

Real Estate

P

G

    

Gift and Bequests (49 USC 326)

Authorizes the Administrator to accept any conditional or unconditional gift or donation of money or property, real or personal, or of services for the FAA

All

  

G

    

Government Performance and Results Act of 1993 (31 USC 1101, 1115-1119)

Requires performance indicators and measurement.

Metrics

Baseline Management

P

      

Indian Incentive Program (25 USC 1544)

A contractor of a Federal agency under any Act of Congress may be allowed an additional amount of compensation equal to 5 percent of the amount paid, or to be paid, to a subcontractor or supplier, in carrying out the contract if such subcontractor or supplier is an Indian
organization or Indian-owned economic enterprise as defined in this chapter.

Procurement

P

G

C

  

Interest of Member of Congress (41 USC 22)

Prohibits member of or delegate to Congress from sharing in benefit from contract or grant

Procurement

    

C

*

International Airport Facilities, Administrative (49 USC 47305)

Authorizes the Secretary of Transportation to consolidate, operate, protect, maintain, and improve airport property and airway property (except meteorological facilities).

Procurement

  

G

    

International Airport Facilities, Definitions (49 USC 47301)

Provides definitions pertaining to International Airport Facilities.

Procurement

  

G

    

International Air Transportation Fair Competitive Practices Act of 1974 (49 USC 40118 (5))

Requires that all Federal agencies and Government contractors and subcontractors use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. (Also known as the Fly

America Act)

Procurement

    

C

  

Javitts-Wagner-O'Day Act (41 USC 46)

Established the Committee for Purchase of
Products and Services of the Blind and Other Severely Handicapped;

Procurement

P

G

    

Judicial Review

(49 USC 46110)

Prescribes judicial review process for a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or
the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be
carried out by the Administrator) under this part.

Procurement

P

  

C

  

Miller Act (40 USC 270a-270f)

Requires construction contractors to provide performance and payment bonds that are greater than $25,000 but not greater than $100,000.

Procurement

P

G

C

  

North American Free Trade Agreement (NAFTA) P.L. 103-182 (19 USC 3311)

Canada/Mexico exception from Buy American Act if purchase is over $25,000.

Procurement

    

C

  

National Energy Conservation Policy Act (42 USC 6201)

Requires energy and water conservation measures for federal buildings, facilities, or space

Environment

P

      

National Environmental Policy Act (42 USC 6201)

Requires environmental assessment or environmental impact statement for proposed federal actions

Environment

P

G

    

Paperwork Reduction Act (44 U.S.C. 3501)

Requires Federal Agencies to become more responsible and publicly accountable for reducing the burden of Federal paperwork on the public, and for other purposes resulting from the collection of information by or for the Federal Government.

All

P

      

Privacy Act

(5 USC 552a)

Establishes procedures for records maintained on individuals to ensure that certain information is secured.

Ethics

Procurement

P

G

C

  

Procurement Integrity Act (41 USC 423)

Prohibits unauthorized release of source selection or other proprietary data

Procurement

P

G

C

  

Project Grant Authority (49 USC 47104)

Authorizes the Secretary of Transportation to make project grants from the Airport and Airway Trust Fund to maintain a safe and efficient nationwide system of public-use airports that meets the present and future needs of civil aeronautics.

Procurement

  

G

    

Public Law 85-804 (50 U.S.C. 1431-1434)

 

Empowers the President to authorize agencies exercising functions in connection with the national defense to enter into, amend, and modify contracts, without regard to other provisions of law related to making, performing, amending, or modifying contracts, whenever the President considers that such action would facilitate the national defense. to exercise the authority conferred by the Act and to delegate it to other officials within the agency. (Also see E.O. 10789)

Procurement

P

G

C

  

Randolph-Sheppard Vending Facility Act

(20 U.S.C. 107)

Provides for blind persons licensed under the
provisions of this chapter authorization to operate vending facilities on any Federal property.

Procurement

P

G

    

Rehabilitation Act of 1973 – Section 508 (29 USC 794d)

Requires information technology purchases to be accessible to people with disabilities

Procurement

P

G

C

  

Rehabilitation Act (29 USC 793)

Requires affirmative action to employ and

advance in employment qualified individuals with disabilities.

Procurement

P

G

  

*

Resource Conservation and Recovery Act (42 USC 6901)

Prescribes policies and procedures for acquiring Environmental Protection Agency

(EPA)-designated products through affirmative procurement programs.

Procurement

Environment

P

G

C

  

Service Contract Act

(41 USC 351-357)

Provides for minimum wages and fringe benefits as well as other conditions of work under certain types of service contracts. Whether or not the Act applies to a specific service contract will be determined by the definitions and exceptions given in the Act, or implementing regulations.

Procurement

P

G

C

  

Systems, Procedures, Facilities, and Devices (49 USC 44505)

Requires the Administrator of the Federal Aviation Administration to develop, alter, test, and evaluate systems, procedures, facilities, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces; and to select systems, procedures, facilities, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems.

Procurement

  

G

    

Research and Development (49 USC 44912)

Requires the Administrator of the Federal Aviation Administration to establish and carry out a program to accelerate and expand the research, development, and implementation of technologies and procedures to counteract terrorist acts against civil aviation.

Procurement

  

G

    

Terms of Gifts (49 USC 47152)

Specifies the terms applicable to a gift of an interest in surplus property.

Procurement

  

G

    

Training Schools

(49 USC 40108)

Authorizes the Administrator of the Federal

Aviation Administration to operate schools to train officers and employees of the Administration to carry out duties, powers, and

activities of the Administrator.

Procurement

  

G

    

Vietnam Era Veterans Readjustment Act (38 USC 2012)

Requires contractors and subcontractors, when entering contracts subject to the Act, to list all suitable employment openings with the appropriate local employment service office and take affirmative action to employ, and advance in employment, qualified special disabled veterans and veterans of the Vietnam Era without discrimination based on their disability or Veteran’s status. (Also see Executive Order 11701)

Procurement

  

G

  

*

Waiving and Adding Terms (49 USC 47153)

Authorizes the Secretary of Transportation to waive, without charge, a term of a gift of an interest in property under this subchapter.

Procurement

  

G

    

Walsh Healey Public Contracts Act (41 U.S.C. 35)

Provides conditions for the purchase of supplies

and the making of contracts by the United States, and for other purposes.

Procurement

P

G

    

Wendell H. Ford Aviation Investment & Reform Act (A.O. 106-181, Apr 5, 2000)

Subjects the FAA to the Procurement Integrity Act (41USC 423), except that Subsections (f), Definitions, and (g), Limitation on Protests, shall not apply.

Procurement

  

G

    

END OF PART I

 

Appendix E: External Authorities -Part II – Executive Orders

 

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*= See Office of Chief Counsel

Executive Order 10582, Prescribing Uniform Procedures for Certain Determinations Under the Buy-American Act (Dec 17, 1954)

Requires the Government to give preference to domestic end products. (See Buy American Act.) Amended by E.O.’s 10761, 11051, 12148, and12608.

(Also see E.O. 12148)

Procurement

  

G

 C  

Executive Order 10789, Prescribing uniform procedures for certain determinations under the Buy-American Act

(November 14, 1958)

Authorizes non-DoD agencies of the Government to exercise certain contracting authority in connection with national-defense functions and to prescribe regulations governing the exercise of such authority. (Also see P.L. 85-804 and E.O. 12919)

Procurement

P

G

 C  

Executive Order 11141, Equal Employment Opportunity, (February 12, 1964)

Prescribes policies and procedures pertaining to nondiscrimination in employment by

contractors and subcontractors

 Procurement

P

G

 C  

Executive Order 11701, Employment of veterans by Federal agencies and Government contractors and subcontractors,

(Jan. 24, 1973)

Requires each department and agency of the executive branch of the Federal Government to list suitable employment openings with the appropriate office of the State Employment Service or the United States Employment Service and extends the program to Government contractors and subcontractors. (Also see 38 USC 2012)

 Procurement   G    

Executive Order 11912, Delegation of Authorities Relating to Energy Policy and Conservation

(April 13, 1976)

Superseded or revoked by E.O. 12919, National Defense Industrial Resources Preparedness.

(Also see E.O. 12919)

 Procurement

Environment

 

 P      

Executive Order 12038, Relating to Certain Functions Transferred to the Secretary of Energy by the Department of Energy Organization Act

(February 3, 1978)

Relates to certain functions transferred to the Secretary of Energy by the Department of Energy Organization Act . Amended by 12287 - Decontrol of crude oil and refined petroleum products. (Also see E.O.12287)

Procurement

 

Environment

P

 

    

Executive Order 12591, Facilitating Access to Science and Technology, (April 10, 1987)

Amended by E.O. 12618. Authorizes the FAA to apply the policies of the Bayh-Dole Act (inventions made with Government Assistance) to all participants in cooperative agreements. (Also see E.O. 12618)

 Agreements   G    

Executive Order 12618, Uniform Treatment of Federally Funded Inventions (December 22, 1987)

Amended E.O. 12591.

 Procurement       *

Executive Order 12829, National Industrial Security Program, (January 6,

1993)

Amended by E.O. 12885

Requires a National Industry Security Program Operating Manual. Amended by E.O. 12885
December 14, 1993 to extend the time to issue the National Industrial Security Program operating manual. (Also see E.O. 12885)

 Procurement P G    

Executive Order 12856, Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements (August 3, 1993)

E.O. 12856 requires Federal facilities to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)(42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (PPA)(42 U.S.C. 13101-13109).

 Environmental

Procurement

   G    

Executive Order 12919, National Defense Industrial Resources Preparedness (June 3, 1994)

Delegates authority and addresses national defense industrial resource policies and programs under the Defense Production Act of 1950. Supersedes or revokes E.O. 11912.

(Also see E.O. 11912)

 Procurement       *
Executive Order 12928, Promoting Procurement with Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals, Historically Black Colleges and Universities, and Minority Institutions, (Sep 16, 1994) Establishes policy that all department and agency heads and all Federal employees involved in the procurement of any and all goods and services shall assist SDBs, HBCUs, and MIs, as applicable, to develop viable, self-sustaining, businesses capable of competing on an equal basis in the mainstream of the American economy.

Procurement

MPPG reporting

 

   G    

Executive Order 12958, Classified National Security Information,

(April 17, 1995)

(Amended by E.O. 13142, Nov. 19, 1999)

 

Prescribes a uniform system for classifying, safeguarding, and declassifying national security information. – Amended by E.O. 13142, November 19, 1999

(Also see E.O. 13142)

 

Procurement

Security

 

 P G C  

Executive Order 12968, Access to Classified Information

(August 2, 1995)

 

 Establishes a uniform Federal personnel security program for employees who will be considered for initial or continued access to classified information.

Procurement

Security

 

 P G C  
Executive Order 13043, Increasing Seat Belt Use in the U.S. (April 16, 1997) Requires seat belt use by Federal employees while on official business and motor vehicle occupants in National Park and Dept. of Defense installations. Encourages Federal contractors, subcontractors, and grantees to adopt and enforce on-the-job seat belt use policies and programs. Procurement P   C  
Executive Order 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition (Sept. 4, 1998 Revoked E.O. 12873 sections 402(d) and 504. Requires greater Federal Government preference and demand for recovered materials.

(Also see E.O. 12873)

 Procurement

Environment

Real Estate

  

P

     *

Executive Order 13123, Greening the Government through Efficient Energy Management Energy Efficiency Buildings

(June 3, 1999)

 

 Encourages effective energy management in the Federal Government

Procurement

Environment

 

       *

Executive Order 13142, Amendment to E.O. 1295,

(Nov. 19, 1999)

 

 Amended sections 3.4(a), 5.2(a)(b), 5.3(b)(4) of E.O. 12958. (Also see E.O. 12958)

Procurement

Security

 

       *

Executive Order 13149, Greening the Government Through Federal Fleet and Transportation Efficiency

(April 21, 2000)

 

 Reduces petroleum consumption through improvements in fleet fuel efficiency and the use of alternative fuel vehicles and alternative fuels          
Executive Order 13170, Increasing Opportunities and Access for Disadvantaged Businesses (Oct 6, 2000) Establishes additional incentives for outreach and goal setting to increase opportunities and access for disadvantaged businesses. Procurement       *

Executive Order 13202, Preservation of Open Communi-cation and Govern-ment Neutrality towards Government Contractors

(Feb. 17, 2001)

 

 Promotes the economical, non-discriminatory, and efficient administration and completion of Federal and Federally funded or assisted construction projects. (Also see E.O. 13208)

Procurement

Real Estate

 

       *

Executive Order 13208, Assisted Construction Projects

(April 6, 2001)

 

 Amends E.O. 13202. Added a new section to permit the Head of an Executive Agency to exempt a particular project from the requirements of any or all provisions of Sections 1 and 3 of E.O. 13202. (Also see E.O. 13202)

Procurement

Real Estate

 

       *

Executive Order 13221, Energy Efficient Standby Power Devices

(July 31, 2001)

 

 Encourages energy conservation by requiring the Government to purchase COTS products that use no more than one watt in their external or internal standby power devices or functions. Procurement       *

END OF PART II

 

Appendix E: External Authorities – Part III – Standards/Regulations

 

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Cost Accounting Standards (CAS)

(48 CFR 9903.101

Uniform standards for government contractor's accounting for and reimbursement of costs. Within the FAA Cost Accounting Standards (CAS) do not apply to contracts for commercial items. Full or modified CAS coverage may be applied to cost type contracts only.

Procurement

P

G

C

  

Federal Management Regulations (formerly Federal Property Management)

Regulations used by GSA and other executive agency officials to regulate, and prescribe policies, procedures, and delegations of authority pertaining to the management of property, inventory, and disposal.

Real Property

P

      

Federal Standard 313,

Material Safety Data, Transportation Data and Disposal Data for hazardous materials furnished to Government activities. (March 1, 1988)

Establishes requirements for the preparation and submission of Material Safety Data Sheets by contractors who provide hazardous materials to government activities.

Procurement

Environment

P

G

C

  

Occupational Safety and Health Administration Regulations (29 CFR 1910.38)

Requires a written plan for emergency situations for each workplace where there is a possibility of an emergency. Appropriate portions of the plan shall be implemented in the event of an emergency.

All

P

G

C

  

OMB Circular A-21, Cost Principles for Educational Institutions.

Describes basic cost principles applicable to the organization incurring the cost.

Procurement

  

G

  

*

OMB Circular A-76, Performance of Commercial Activities – (Aug. 4, 1983; Revised 1999)

Establishes Federal Policy regarding the performance of commercial activities.

FAA's policy is to follow the

guidance of this circular to the extent such standards are consistent with the FAA's Acquisition Management System and the

Administrator's authority to implement "such terms or conditions as the Administrator may deem appropriate."

Investment Analysis

Procurement

P

G

  

*

OMB Circular A-87, Cost Principles for State Local and Indian Tribal Governments

Describes basic cost principles applicable to the organization incurring the cost.

Procurement

  

G

  

*

OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments.

Establishes standards for grants and cooperative agreements with State and Local Governments.

Procurement

  

G

  

*

OMB Circular A-110,

Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-profit organizations.

Establishes pre-award and post-award standards for Federal grants and

agreements awarded to institutions of higher education, hospitals, and other non-profit organizations.

Procurement

  

G

  

*

OMB Circular

A-122, Cost Principles for Non-profit Organizations, excluding educational institutions and other organizations specified in the

Circular.

Describes basic cost principles applicable to the organization incurring the cost.

Procurement

  

G

  

*

Patent and Copyright Laws

Establishes prohibitions regarding Patent and Copyright infringement.

Procurement

P

G

C

  

Protests and Contract Disputes; 14 CFR, Parts 14 & 17.

Prescribes procedures for protests and contract disputes.

All

P

  

C

  

Standards of Conduct for Employees of the Executive Branch (5 CFR 2635)

Prohibits conflicts of interest

All

P

G

C

  
             

END OF PART III

 

Appendix E: External Authorities – Part IV- Real Estate External Authorities

Part A: Statutes (Revised 04/2003)

 

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Act of December 10, 1941 (40 USC 291)

Requires Federal agencies to admit seeing-eye dogs or other guide dogs accompanied by their blind masters to any building or other property owned or controlled by the United States.

Real Estate

P

      

Administrative Procedures Act

(5 USC 500 se seq)

Authorizes a duly qualified individual to represent a person before an agency.

All

      

*

Anti-Kickback Act

(41 USC 51-58)

Prohibits offering or accepting kickbacks; criminal penalties apply.

Ethics

Procurement

Real Estate

    

 

C

*

Architectural Barriers Act of 1968 (42 USC 4151-4157)

Requires facilities be provided to ensure ready access for disabled persons to public buildings and certain interior spaces.

Real Estate

P

G

C

  

Assignment of Claims (31 USC 3727, 41 USC 15)

Authorizes the lessor to assign his rights to be paid under a lease agreement

Real Estate

    

C

  

Bribery and Conflict of Interest Laws

(18 USC 201)

Prescribes fines and punishment for bribery of public officials and witnesses.

All

      

*

Bribery and Conflict of Interest Laws (18 USC 208)

Prescribes acts and penalties affecting a personal financial interest.

All

P

      

Child Care Services for Federal Employees in Federal Buildings

Provides Federal agencies with the authority to allot space in Federal buildings to individuals or entities that will provide child care services to Federal employees.

Real Estate

P

      

Clean Air Act of 1963 (42 USC 7401)

Requires the utilization in Federal air control programs of all available and appropriate facilities and resources within the Federal Government for the prevention and abatement of air pollution.

Real Estate

P

      

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 USC 9601)

Provides for liability, compensation, cleanup and emergency response for hazardous substances released into the environment, and the cleanup of hazardous waste disposal sites.

Real Estate

P

      

Paperwork Reduction Act (44 U.S.C. 3501)

Requires Federal Agencies to become more responsible and publicly accountable for reducing the burden of Federal paperwork on the public, and for other purposes resulting from the collection of information by or for the Federal Government.

All

P

      

Public Buildings Act of 1959, as amended (40 USC 601-619)

This act establishes a prospectus threshold, applicable to all federal agencies. Also the Admininstrator of GSA has authority to construct, acquire, and alter public buildings.

Real Estate

P

      

Public Buildings Cooperative Use Act of 1976 (40 USC 601a, 612a.)

Requires the Administrator of GSA to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance.

Real Estate

P

      

National Environmental Policy Act of 1969 (42 USC 4321)

Requires consideration of environmental factors in the decision-making process for major Federal actions.

Real Estate

P

      

National Historic Preservation Act (16 USC 470)

Requires Federal agencies to take into account the effect of any Federal undertaking on any property in or eligible for listing in the National Register of Historic Places.

Real Estate

P

      

Occupational Safety and Health Act of 1970, amended (29 USC 653)

Requires Federal agencies to provide safe and healthful places and conditions of employment.

Real Estate

P

G

C

  

Quarters and facilities; employees in the United States (5 USC 5911)

Agency may provide quarters and facilities for employees when conditions warrant.

Real Estate

P

      

Randolph-Sheppard Vending Facility Act, amended (20 U.S.C. 107 – 107f)

Provides for blind persons licensed under the
provisions of this chapter authorization to operate vending facilities on any Federal property.

Procurement

Real Estate

P

P

G

G

    

Rehabilitation Act of 1973 (Pub. L. 93-112, 387 Stat. 355)

Requires Federal agencies to ensure compliance with standards set by GSA, DOD and HUD pursuant to the Architectural Barriers Act of 1968.

Real Estate

P

      
             

Rehabilitation Act of 1973, amended (Pub. L. 93-112, 387 Stat. 355)

Requires Federal agencies to ensure compliance with standards set by GSA, DOD and HUD pursuant to the Architectural Barriers Act of 1968.

Real Estate

P

G

    

Rural Development Act of 1972 (Pub. L. 92-419, 86 Stat. 657)
(Revised 04/2003)

Provides for improving the economy and living conditions in rural America. FAA must give first consideration to rural areas when locating new space, land, and other facilities

Real Estate

P

 G C  

Stewart B. McKinney Homeless Assistance Act (42 USC 11411-11412)

Requires Federal agencies to make available surplus real property to homeless organizations.

Real Estate

P

      

Superfund Amendments and Reauthorization Act of 1986, amended (42 USC 9601-9675)

Extends and amends CERCLA.

        

*

Service, supplies, and facilities at remote places (49 USC 331)

Agency may provide when necessary, services, supplies, and facilities at remote places.

Real Estate

P

      

Uniform Relocation Assistance and Real Property Acquisition (42 USC 4651-4655)

Requires Federal agencies to treat all property owners and other affected persons in a fair and equitable manner, and to provide relocation services and benefits to persons displaced by Federal agencies’ acquisition of their real property.

Real Estate

P

G

    

 

Part B: Executive Orders

 

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Executive Order 13202, Preservation of Open Communi-cation and Govern-ment Neutrality towards Government Contractors

(Feb. 17, 2001)

Promotes the economical, non-discriminatory, and efficient administration and completion of Federal and Federally funded or assisted construction projects. (Also see E.O. 13208)

Procurement

Real Estate

      

*

Executive Order 13208, Assisted Construction Projects

(April 6, 2001)

Amends E.O. 13202. Added a new section to permit the Head of an Executive Agency to exempt a particular project from the requirements of any or all provisions of Sections 1 and 3 of E.O. 13202. (Also see E.O. 13202)

Procurement

Real Estate

      

*

Executive Order 12902, Energy Efficiency and Water Conservation (March 9, 1994)

Requires agencies to develop energy consumption reduction goals.

Real Estate

P

      

Executive Order 12088, Federal Compliance with Pollution Control Standards (October 13, 1978)

Requires agencies ensure action is taken to ensure the prevention, control, and abatement of environmental pollution with respect to Federal facilities and activities.

Real Estate

P

      

Executive Order 12512, Federal Real Property Management (April 29, 1985)

Authorizes the GSA administrator to provide Government wide policy oversight and guidance for Federal real property management.

Real Estate

P

      

Executive Order 11988, Floodplain Management (May 24, 1977)

Requires that agencies take action to reduce the risk of flood loss and to restore and preserve the natural and beneficial values served by floodplains for acquiring, managing and disposing of Federal lands and facilities.

Real Estate

P

      

Part B: Statutes

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Executive Order 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition (Sep. 4, 1998)

Revoks E.O. 12873 sections 402(d) and 504. Requires greater Federal Government preference and demand for recovered materials.

(Also see E.O.12873)

Procurement

Environment

Real Estate

 

P

    

*

Executive Order 12196, Occupational Safety and Health Programs

Requires Federal agencies to establish and maintain occupational safety and health programs for Federal employees.

Real Estate

P

      

Executive Order 11507, Prevention, Control , and Abatement of Air and Water Pollution at Federal Facilties (Feb. 5, 1970)

Requires design, operation, and maintenance of its facilities, provide leadership in the nationwide effort to protect and enhance the quality of our air and water resources.

Real Estate

P

      

Executive Order 11593, Protection and Enhancement of the Cultural Environment (May 13, 1971)

Requires Federal Agencies to direct their policies, plans and programs that federally owned sites, and structures are preserved, restored and maintained.

Real Estate

P

      

Executive Order 11990, Protection of Wetlands (May 24, 1977)

Requires that agencies take action to minimize the destruction, loss or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands for acquiring, managing, and disposing of Federal lands and facilities.

Real Estate

P

      

Part B: Executive Orders

 

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Executive Order 11738, Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respects to Federal Contracts, Grants, or Loans (Sept. 12, 1973)

Requires Federal agencies having authority to enter into contracts to conduct its acquisitions that will result in effective enforcment of the Clean Air Act and the Federal Water Pollution Control Act.

Real Estate

P

      

Executive Order 11508, Providing for the Identification of Unneeded Federal Real Property (Feb. 12, 1970)

Establishes a uniform policy for Executive branch concerning the identification of excess real property holdings.

Real Estate

P

      

Executive Order 12003, Relating to Energy Policy and Conservation (July 20, 1977)

Requires buildings constructed for Government lease to meet certain energy consumption design specifications.

Real Estate

P

      

Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (January 5, 1990)

Requires agencies responsible for the design and construction of each new Federal building and/or the construction and lease of new buildings for Federal use to ensure the building is designed and constructed in accord with appropriate seismic design and construction standards.

Real Estate

P

      

Executive Order 12941, Seismic Safety of Exisiting Federally Owned and Leased Buildings (December 1994)

Requires agencies to meet substantial life safety standards for seismic.

Real Estate

P

      

 

Part C: Regulations/Standards

 

 

 

 

Title

 

 

 

 

Description Summary

 

 

 

Functional area affected

Promulgated by AMS:

P=Policy, G=Guidance, C=Clause

*=See Office of Chief Counsel

Federal Management Regulations (formerly Federal Property Management)

Prescribes regulations, policies, procedures and delegations of authority pertaining to the management of property, inventory, and disposal when FAA leases real property through GSA. Serves as guidelines for FAA direct lease actions.

Real Estate

P

G

    

Occupational Safety and Health Administration Regulations (29 CFR 1910.38)

Requires a written plan for emergency situations for each workplace where there is a possibility of an emergency. Appropriate portions of the plan shall be implemented in the event of an emergency.

All

P

G

C

  

Protests and Contract Disputes; 14 CFR, Parts 14 & 17.

Prescribes procedures for protests and contract disputes.

All

P

  

C

  

Standards of Conduct for Employees of the Executive Branch (5 CFR 2635)

Prohibits conflicts of interest

All

P

G

C

  

Uniform Federal Accessibility Standards (UFAS) (41 CFR 101-19.6 App. A)

Prescribes handicapped accessibility regulations for Federally owned or leased building premises.

Real Estate

P

G

C

  

End of Part IV