40 U.S.C. § 3308 — Architectural or engineering services
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 172 words · no verdicts yet
When necessary, the General Services Administrator may hire architectural or engineering services for authorized public-building projects without following the listed civil-service and procurement restrictions. Such hiring cannot be permanent, and the Administrator remains responsible for all construction decisions and payments.
(a) Employment by Administrator. When the Administrator of General Services decides it is necessary, the Administrator may hire established architectural or engineering corporations, firms, or individuals, by contract or otherwise, for services required for a public building* authorized under this chapter. The hiring need not follow chapters 33 and 51 or subchapter III of chapter 53 of title 5, civil-service rules and regulations, or section 6101(b) through (d) of title 41.
(b) Employment on permanent basis not permitted. A corporation, firm, or individual may not be hired under subsection (a) permanently.
(c) Responsibility of Administrator. Regardless of any other provision here, the Administrator is responsible for all construction authorized under this chapter. That includes interpreting construction contracts, approving materials and workmanship, approving contract changes, certifying payment vouchers, and finally settling the contract.
When the Administrator of General Services decides it to be necessary, the Administrator may employ, by contract or otherwise, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5, civil service rules and regulations, or section 6101(b) to (d) of title 41, the services of established architectural or engineering corporations, firms, or individuals, to the extent the Administrator may require those services for any public building* authorized to be constructed or altered under this chapter.
A corporation, firm, or individual shall not be employed under authority of subsection (a) on a permanent basis.
Notwithstanding any other provision of this section, the Administrator is responsible for all construction authorized by this chapter, including the interpretation of construction contracts, approval of material and workmanship supplied under a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1163; Pub. L. 111–350, § 5(l)(17), Jan. 4, 2011, 124 Stat. 3852.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1163
- 2011Amended · Pub. L. 111-350 · 124 Stat. 3852
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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