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B-206560 1 (1982-09-29)

handle is hein.gao/gaobadkqm0001 and id is 1 raw text is: t>'1 DECISION TI- ECOMPTROILLSEI GONERAL OF THE UNITED STATEB WAeHINCOTON. 0.-,. i1205483 B-206560 DATEa: September 29, 1982 MATTER OF: IRS maintenance and repairs of occupied building D!GEFT: Since Treasury Department locks specific statutory authorization or a delegation of authority from GSA, Treasury Department may not itself procure building services by entering into a service con- tract with an independent third party contractor. Any building services Treasury Department desires would have to be provided or otherwise arranged by GSA which has the statutory authority and responsibility to make repairs, etc., to public buildings. The Acsistant Secretary (Administration) of the Department of the Treasury has requested our opinion regarding the legality of a Federal ag.ncy expending its appropriated funds for maintenance, repairs, or services to buildings assigned to it by the General Services Administration (GSA). Specifically, the Assistant Secretary poses tw'o questions: 1. Whether a Federal agency, absent a delegation of authority from GSA, may enter Into contracts with th_*rd parties for maintenance, repairs, or services to buildings in instances where GSA is unwilling or unable to provide services adequate to protect the health and safety of the agency',; employees, and 2, If no, whether Treasury Department may with- hold from Its standard level user charge payments to GSA for amount which Treasury Department .- paid to a third party contractor for services rendered. For reasons stated below, we hold that GSA has the exclusive kitatutory atuthority to provide or otherwise to arrange for maintenance, repairs, and necessary services required to house occupant agencies. Therefore, the issue of whether Treasury Department can make deduc- tions frobn the standard level user charge It pays to GSA is moot Also, compare 57 Comp. Gen. 130 (1977). I I I f1 FILE:

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