Federal Statutes and Executive Orders Applicable to the Public Buildings
Service's Leasing Program (Correspondence, 10/18/1999, GAO/GGD-00-27R).

Pursuant to a congressional request, GAO identified the legislative and
administrative requirements that apply to the Public Buildings Service's
(PBS) leasing program and provided information on the mechanisms that
PBS has established to implement and comply with these federal statutes
and executive orders.

GAO noted that: (1) in its review, GAO identified one statute that
established the General Services Administration's basic authority to
lease space for federal agencies for periods up to 20 years and another
statute that established congressional oversight of large lease
projects; (2) GAO identified another 27 statutes and 7 executive orders
that govern PBS' leasing process; (3) some of these statutes and
executive orders apply to every lease, and others apply only under
certain circumstances; (4) the provisions of these statutes and
executive orders deal with issues ranging from health and safety
matters, such as fire safety and seismic standards, to the prohibition
against kickbacks and payments to influence the award of leases; (5)
some of the statutes address requirements of contractors in relationship
to their subcontractors--such as use of small and disadvantaged
businesses and payment of fair wages; (6) PBS uses several different
mechanisms to implement and comply with various requirements imposed by
statutes and executive orders; (7) PBS implements most of the
requirements through clauses in its solicitation for offers and the
general-clauses form, which are part of the official lease; and (8) PBS
also uses orders, the General Services Administration Regulation, and
certifications and representations by the lessors to implement and
comply with legislative and administrative requirements.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  GGD-00-27R
     TITLE:  Federal Statutes and Executive Orders Applicable to the
	     Public Buildings Service's Leasing Program
      DATE:  10/18/1999
   SUBJECT:  Federal facilities
	     Internal controls
	     Leases
	     Statutory law
	     Administrative law
	     Executive orders

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GAO/GGD-00-27R

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B-283789
Page 6GAO/GGD-00-27R Federal Statutes and Executive Orders App
licable to PBS' Leasing Program
B-283789

October 18, 1999

The Honorable Fred Thompson
Chairman, Senate Committee on
  Governmental Affairs
United States Senate

Subject: Federal Statutes and Executive Orders Applicable to
the Public Buildings Service's Leasing Program

Dear Mr. Chairman:

The General Services Administration (GSA), through its Public
Buildings Service (PBS), is responsible for leasing space for
federal agencies. As you requested, this letter identifies the
legislative and administrative requirements that apply to PBS'
leasing program and provides information on the mechanisms
that PBS has established to implement and comply with these
federal statutes and executive orders. The enclosure lists and
provides a brief explanation of each of the federal statutes
and executive orders that are applicable to PBS' leasing
program.

Results

In our review we identified one statute that established GSA's
basic authority to lease space for federal agencies for
periods up to 20 years and another statute that established
congressional oversight of large lease projects. We identified
another 27 statutes and 7 executive orders that currently
govern PBS' leasing process.  Some of these statutes and
executive orders apply to every lease, and others apply only
under certain circumstances.  The provisions of these statutes
and executive orders deal with issues ranging from health and
safety matters, such as fire safety and seismic standards, to
the prohibition against kickbacks and payments to influence
the award of leases. Some of the statutes address requirements
of contractors in relationship to their subcontractors-such as
use of small and disadvantaged businesses and payment of fair
wages.

PBS uses several different mechanisms to implement and comply
with various requirements imposed by statutes and executive
orders. PBS implements most of the requirements through
clauses in its solicitation for offers (SFO) and the general-
clauses form, which are part of the official lease.  PBS also
uses orders, the General Services Administration Regulation
(GSAR), and certifications and representations by the lessors
to implement and comply with legislative and administrative
requirements.

Scope and Methodology

We verified a list of federal statutes and executive orders
that are applicable to PBS's leasing program that was
developed by GSA. In verifying this list we reviewed federal
statutes and executive orders, GSA documents, and our issued
reports. We also discussed this list with GSA officials.

To identify the mechanisms that PBS has established to
implement and comply with these statutes and executive orders,
we spoke with cognizant officials in PBS's National Office. We
also reviewed the mechanisms identified by PBS officials to
provide more information on them and determine if they
addressed the requirements of the federal statutes and
executive orders. These mechanisms included GSA's standard SFO
and its general-clauses form, representations and
certifications form that the lessors must sign, regulations,
orders, and desk guides. We did not evaluate the effectiveness
of these mechanisms for ensuring compliance with federal
statutes and executive orders.

We did our work between May and October 1999 in accordance
with generally accepted government auditing standards. We
requested comments on a draft of this letter from the
Administrator of GSA. GSA's comments are discussed at the end
of this letter.

GSA's Basic Authority to Lease Space and Congressional
Oversight

GSA's basic authority to lease space for federal agencies,
which is exercised by PBS, is contained in section 210 (h) of
the Federal Property and Administrative Services Act of 1949,
as amended. The Federal Property and Administrative Services
Act of 1949 created GSA as an independent agency in the
executive branch. The 1949 Act gave the Administrator of
General Services broad authority in managing real property,
including authority to (1) prescribe regulations governing
real property management and leasing, (2) lease real property
for periods up to 5 years, and (3) delegate lease authority to
the head of any federal agency. In 1958, the act was amended
to give GSA the authority to enter into leases for up to 10
years. The act, 40 U.S.C. 490 (h), was amended again in 1959
to increase the maximum allowable term of leases to the
current 20-year period. One reason for this change was to
provide greater flexibility in obtaining leased space, which
was expected to result in a lesser annual cost to the
government. In 1989, another amendment to the act gave GSA the
authority to lease space in buildings erected on land owned by
the United States for periods not to exceed 30 years.

Section 7(a) of the Public Buildings Act of 1959, 40 U.S.C.
606(a), provided for GSA to submit prospectuses to its Senate
and House authorizing committees for projects for the
construction, acquisition, and alteration of public buildings
over a certain dollar amount. In 1972, Congress increased
congressional control over large lease projects by amending
section 7(a) of the Public Buildings Act of 1959 to include
leases and lease alteration projects that exceeded a certain
dollar amount. The dollar threshold for the submission of the
prospectus is adjusted annually by PBS, as authorized by the
act, to reflect changes in costs during the preceding year.1

PBS Uses Clauses in Its Leases to Implement Most Legislative
and Administrative Requirements

PBS uses clauses in its SFO and a general-clauses form to
address 19 federal statutes and 4 executive orders that relate
to the leasing of buildings for the federal government's use.
According to PBS officials, the SFO and general-clauses form
generally contain language similar to the statutory language
and are part of the leasing agreement signed between the
lessor and PBS. The contracting officer has flexibility to
modify some of the clauses within the SFO; however, according
to the instructions for the SFO, new clauses should contain
"substantially the same information" as the original clauses.
According to a PBS official, the language in the general-
clauses form, which are prescribed by statute or executive
order, may also be changed provided the change does not
violate the intent of the underlying statute or executive
order.

PBS' standard SFO has certain clauses that are mandated by
law. These clauses address issues such as fire safety, seismic
standards, accessibility, and overall building safety in
response to specific federal statutes that establish
requirements in these areas. Other federal statutes are not
applicable to all leases and are addressed through clauses in
the SFO that can be deleted or modified as appropriate. Many
of these federal statutes address issues that typically arise
during the construction of a building; and thus, they pertain
to GSA leases when a building is being specifically built for
the government to lease. For example, the requirement for the
payment of fair wages applies to construction contractors and
the requirement for payment of relocation benefits may apply
to persons displaced due to lease construction projects. There
is also a clause in the SFO to cover the executive order on
seismic standards for new buildings, including those
constructed for lease by the government.

Several other federal statutes and executive orders are also
addressed through specific clauses in PBS' SFO and the general-
clauses form. The requirements in these statutes include
making the building accessible to the handicapped, giving
preference to historic properties, conserving energy and
water, allocating space for vending facilities to be operated
by blind vendors, providing a drug-free workplace, and
providing equal employment opportunities. Other federal
statutes concerning contract administration issues, such as
payments, disputes, and the government's right to examine the
contractor's records, are also addressed through specific
clauses in the general-clauses form.

On June 3, 1999, the President issued Executive Order 13123
reemphasizing the federal government's commitment to energy
and environmental progress in operating its facilities. The
order includes preferences for energy-efficient buildings that
have the "ENERGY STAR label" in the selection criteria for
acquiring leased buildings.  The order also requires the
Administrator of GSA, in collaboration with the Secretary of
Defense, the Secretary of Energy, and other agency heads, to
develop model lease provisions that incorporate energy
efficiency and sustainable design within 180 days of the date
of the order. This executive order revokes Executive Order
12902 of March 9, 1994, on Energy Efficiency and Water
Conservation.

Following are the 19 federal statutes and 4 executive orders
that PBS currently implements through clauses in the SFO and
general-clauses form. According to GSA officials, the fifth
executive order listed, Executive Order 13123, will be
implemented in this same manner after the model lease
provisions have been developed:

ï¿½Anti-Kickback Act of 1986;
ï¿½Assignment of Claims Act of 1940;
ï¿½Contract Disputes Act of 1978;
ï¿½Contract Work Hours and Safety Standards Act of 1962;
ï¿½Copeland Act of 1934;
ï¿½Covenant Against Contingent Fees;
ï¿½Davis-Bacon Act of 1931;
ï¿½Drug-Free Workplace Act of 1988;
ï¿½Earthquake Hazards Reduction Act of 1977;
ï¿½Energy Policy Act of 1992;
ï¿½Examination of Records;
ï¿½Fire Administration Authorization Act of 1992;
ï¿½Occupational Safety and Health Act of 1970;
ï¿½Prompt Payment Act;
ï¿½Public Buildings Cooperative Use Act of 1976;
ï¿½Randolph-Sheppard Act;
ï¿½Small Business Act;
ï¿½The Architectural Barriers Act of 1968;
ï¿½Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970;
ï¿½Executive Order 11375, Equal Employment Opportunity;
ï¿½Executive Order 12699, Seismic Safety of Federally and
Federally Assisted or Regulated New Building Construction;
ï¿½Executive Order 12902, Energy Efficiency and Water
Conservation at Federal Facilities;2
ï¿½Executive Order 13006, Locating Federal Facilities on
Historic Properties in Our Nations Central Cities; and
ï¿½Executive Order 13123, Greening the Government Through
Efficient Energy Management.
The enclosure provides a brief explanation of these statutes
and executive orders.

Regulations, Orders, and Lessor Certifications are Also Used
to Implement Requirements

The remaining eight federal statutes and three executive
orders that are applicable to PBS' leasing program are
addressed through regulations, orders, and lessor
certifications.  Four of these federal statutes and the three
executive orders address the priority given to different
locations when determining where to lease a building. For
example, if an agency must be located in an urban area, an
executive order states that agencies shall give first
consideration to locating federal facilities within central
business areas.  If an agency is not required to be located in
an urban area, the Rural Development Act requires that first
priority be given to location in a rural area. Also, PBS
cannot lease buildings located within floodplains or wetlands
unless there are no practicable alternatives; and PBS must
assess the environmental impact associated with major federal
actions, including leasing. PBS implements these statutes and
executive orders through orders setting forth its location
policy for leased buildings.

The other four federal statutes relate to the use of full and
open competition in acquiring leased space, budget
scorekeeping requirements, and the prohibition of payments to
influence the award of leases.  PBS implements the
requirements of these statutes through GSAR, compliance with
OMB Circular No. A-11, appendixes A&B, and representations and
certifications that lessors must sign. The solicitation and
award of leases must be done in compliance with the GSAR,
which establishes the policies and practices for the
acquisition of leased real property. Also, in the budget
process leases must be scored in compliance with OMB Circular
No. A-11, appendixes A&B.  Lessors are also required to sign a
list of representations and certifications that, among other
things, states that no appropriated funds have been paid to
influence the awarding of the contract.

Following are the eight statutes and three executive orders
that PBS implements through regulations, orders, and lessor
certifications:

ï¿½Competition in Contracting Act of 1984;
ï¿½Balanced Budget Act of 1997;
ï¿½Intergovernmental Cooperation Act of 1968;
ï¿½Rural Development Act of 1972;
ï¿½National Historic Preservation Act of 1966;
ï¿½Officials Not to Benefit;
ï¿½Prohibition on Use of Appropriated Funds to Influence Federal
Contracting;
ï¿½The National Environmental Policy Act of 1969;
ï¿½Executive Order 11988, Floodplain Management;
ï¿½Executive Order 11990, Protection of Wetlands; and
ï¿½Executive Order 12072, Federal Space Management.
The enclosure provides a brief explanation of the provisions
of these statutes and executive orders.

Agency Comments

We requested comments on a draft of this letter from the
Administrator of GSA.  On October 13 and 15, 1999, we obtained
oral comments from PBS' Assistant Commissioner, Office of
Business Performance and the Deputy Associate General Counsel,
Real Property Division, Office of General Counsel,
respectively.  They agreed that the draft letter generally
presented the facts accurately; they also provided some
technical comments that we have incorporated as appropriate.

We are sending copies of this report to Senator George V.
Voinovich, Chairman, and Senator Max S. Baucus, Ranking
Minority Member, Subcommittee on Transportation and
Infrastructure, Senate Committee on Environment and Public
Works; Representative Bob Franks, Chairman, and Representative
Robert Wise, Jr., Ranking Democratic Member, Subcommittee on
Economic Development, Public Buildings, Hazardous Materials
and Pipeline Transportation, Committee on Transportation and
Infrastructure; the Honorable David J. Barram, Administrator,
GSA; and to others upon request.

If you have any questions about this letter, please call me or
Ron King on (202) 512-8387. Key contributors to this
assignment were Maria Edelstein and Susan Michal-Smith.

Sincerely yours,

Bernard L. Ungar
Director, Government Business
 Operations Issues

Enclosure
_______________________________
1 The dollar threshold for leases and lease alteration
projects for fiscal year 2000 was $1,930,000 and $965,000,
respectively.
2 Executive Order 12902 was revoked, as of June 3, 1999, by
the issuance of Executive Order 13123, Greening the Government
Through Efficient Energy Management.

                                                  Enclosure
Federal Statutes and Executive Orders Applicable to GSA's
Leasing Program
Page 9GAO/GGD-00-27R Federal Statutes and Executive Orders App
licable to PBS' Leasing Program

Table 1: Federal Statutes Applicable to the GSA Leasing
Program
Statute                         Description
Anti-Kickback Act of 1986 (41   Prohibits a contractor from
U.S.C.  51-58)                  soliciting or receiving
                               kickbacks from subcontractors
                               in return for subcontract
                               awards. The requirements of
                               this act are not applicable to
                               contracts below the simplified
                               acquisition threshold for
                               leasing.a
Assignment of Claims Act of     Allows contractors to assign
1940 (31 U.S.C. 3727)           rights to payment, including
                               rent, to established financing
                               institutions.
Balanced Budget Act of 1997 (20 Imposes budget scorekeeping
U.S.C.  902 note)               requirements for lease-
                               purchases, capital leases, and
                               operating leases. See H.R.
                               Conference Report No. 105-217,
                               at 1007-1014, 1997. See also,
                               H.R. Conference Report No. 101-
                               964, accompanying the Omnibus
                               Budget Reconciliation Act of
                               1990, Title XIII, The Budget
                               Enforcement Act of 1990, at
                               1172-1176. The scorekeeping
                               rules can be found in OMB
                               Circular No.  A-11, appendices
                               A & B.
Competition in Contracting Act  Requires GSA to acquire leased
of 1984                         space through the use of full
(41 U.S.C.  251 et seq.)        and open competitive
                               procedures.
Contract Disputes Act of 1978   Requires disputes arising from
(41 U.S.C.  601-613)            federal contracts to be
                               adjudicated by established
                               procedures.
Contract Work Hours and Safety  Imposes 40-hour work week and
Standards Act of 1962 (40       time and a half overtime
U.S.C.  327-333)                requirements on certain
                               contracts. This act is
                               applicable to lease
                               acquisitions when an offeror
                               proposes to construct a
                               building or completely
                               reconstruct or rehabilitate an
                               existing building for the
                               predominant use of the
                               government. The act does not
                               apply to contracts below the
                               simplified acquisition
                               threshold.a
Copeland Act of 1934 (18 U.S.C. Makes it unlawful for a
 874; 40 U.S.C.  276c)          contractor to force a kickback
                               from any person employed in the
                               construction or repair of a
                               public building or public work.
                               The act also requires
                               contractors and subcontractors
                               to furnish a compliance
                               statement with respect to wages
                               paid to employees. This act is
                               potentially applicable to lease
                               acquisitions when an offeror
                               proposes to construct a
                               building or completely
                               reconstruct or rehabilitate an
                               existing building for the
                               predominant use of the
                               government.
Covenant Against Contingent     Requires that no individuals
Fees (41 U.S.C.  254(a))        other than bona fide employees
                               or established bona fide agents
                               maintained by the contractor
                               have been retained to solicit
                               or obtain a federal contract
                               for a contingent fee. This
                               requirement is not applicable
                               to contracts below the
                               simplified acquisition
                               threshold for leasing.a
Davis-Bacon Act of 1931 (40     Provides for payment of
U.S.C.  276a-276a-7)            prevailing wages to laborers on
                               federal construction projects.
                               This act is potentially
                               applicable to lease
                               acquisitions when an offeror
                               proposes to construct a
                               building or completely
                               reconstruct or rehabilitate an
                               existing building for the
                               predominant use of the
                               government.
Drug-Free Workplace Act of 1988 Requires contractors to take
(41 U.S.C.  701-707)            actions to reduce the
                               possibility of drug use at the
                               site of the performance of
                               work. The requirements of the
                               act do not apply to contracts
                               below the simplified
                               acquisition threshold for
                               leasing.a
Earthquake Hazards Reduction    Required adoption of standards
Act of 1977                     for assessing the seismic
(42 U.S.C.  7705b)              safety of existing buildings
                               constructed for or leased by
                               the government that were
                               designed and constructed
                               without adequate seismic design
                               and construction standards.
Energy Policy Act of 1992 (42   Requires the federal government
U.S.C.  8253)                   to meet 20-percent energy
                               reduction targets by the year
                               2000. This includes federally
                               leased space.
Examination of Records (41      Authorizes the head of an
U.S.C.  254d)                   agency to inspect records of
                               federal contractors and
                               requires a contract clause
                               giving similar authority to the
                               Comptroller General.  This
                               authority is not applicable to
                               contracts below the simplified
                               acquisition threshold for
                               leasing.a
Federal Property and            Created GSA as an independent
Administrative Services Act of  agency and gave the
1949 (40 U.S.C.  486,           Administrator of GSA authority
490(d)(h), 751)                 to (1) prescribe regulations
                               governing real property
                               management and leasing, (2)
                               lease real property for periods
                               up to 5 years, and (3) delegate
                               lease authority back to the
                               head of any federal agency.
                               Amended in 1959 to provide GSA
                               with 20-year leasing authority.
                               Amended again in 1989 to
                               provide GSA authority to lease
                               space for periods not to exceed
                               30 years in buildings erected
                               on land owned by the United
                               States.
Fire Administration             Requires that an entire
Authorization Act of 1992       building have sprinklers or
(15 U.S.C.  2227)               provide an equivalent level of
                               life safety when federal funds
                               are used to lease 35,000 square
                               feet or more of space in a
                               building (under one or more
                               leases) and some portion of the
                               leased space is on or above the
                               6th floor. Also requires that
                               all government leases contain a
                               provision requiring that all
                               hazardous areas of the building
                               have an automatic  sprinkler
                               system.
Intergovernmental Cooperation   Requires GSA to consult with
Act of 1968                     planning agencies and local
(40 U.S.C.  531-535)            elected officials and to
                               coordinate federal projects
                               with development plans and
                               programs of the state, region,
                               and locality where the project
                               is to be located.
National Historic Preservation  Requires listed historical
Act of 1966                     properties to be protected from
(16 U.S.C.  470 - 470w-6)       harm as a result of federal
                               actions, including leasing.
Occupational Safety and Health  Requires GSA to ensure that
Act of 1970                     space leased and assigned to
(29 U.S.C.  651-678)            agencies provides safe,
                               healthful working conditions,
                               including building features
                               such as lighting, guard rails,
                               indoor air quality, fire safety
                               features, emergency elevator
                               requirements, etc.
Officials Not to Benefit (41    Prohibits any member of
U.S.C.  22)                     Congress from receiving any
                               benefit arising from a federal
                               contract.
Prohibitions on Use of          Requires certifications from
Appropriated Funds to Influence contractors that appropriated
Federal Contracting  (31 U.S.C. funds have not and will not be
 1352)                          paid to any person to influence
                               the award of a federal
                               contract.
Prompt Payment Act (31 U.S.C.   Requires federal payments to
 3901-3907)                     contractors to be made in an
                               expeditious manner, provides
                               penalties for late payment by
                               the government, and requires
                               that the government be entitled
                               to discounts for early payment.
Public Buildings Act of 1959    Calls for GSA to submit leases
(40 U.S.C.  606)                with annual rental, excluding
                               services and utilities, in
                               excess of $1,930,000 and lease
                               alteration projects in excess
                               of $965,000 to its Senate and
                               House authorizing committees.
                               The amounts above were
                               applicable for fiscal year 2000
                               and are to be indexed annually.
Public Buildings Cooperative    Requires GSA to afford a
Use Act of 1976                 preference to historic
(40 U.S.C. 601a)                properties in the leasing
                               process.
Randolph-Sheppard Act (20       Requires that licensed blind
U.S.C.  107)                    vendors be authorized to
                               operate vending facilities on
                               any federal property, including
                               leased buildings. The act
                               imposes an obligation on GSA to
                               acquire space in buildings that
                               have suitable sites for vending
                               facilities.
Rural Development Act of 1972   Requires federal agencies to
(42 U.S.C.  3122)               give first priority to rural
                               areas in locating facilities.
                               See also Executive Order 12072,
                               regarding the location of
                               federal facilities in urban
                               areas.
The Architectural Barriers Act  Requires that public buildings
of 1968                         be made accessible to the
(42 U.S.C.  4151-4152)          physically handicapped.
The National Environmental      Requires an assessment of the
Policy Act of 1969              environmental impacts
(42 U.S.C.  4321 et seq.)       associated with major federal
                               actions, including government
                               leasing.
The Small Business Act (15      Requires a positive effort by
U.S.C.  631-647)                federal contractors to place
                               subcontracts with small and
                               small disadvantaged business
                               concerns. The act also requires
                               publication of federal
                               procurement requirements,
                               requires large businesses to
                               submit small business
                               subcontracting plans, and
                               provides for liquidated damages
                               for failure to meet
                               subcontracting plan goals.
Uniform Relocation Assistance   Requires the payment of
and Real Property Acquisition   relocation benefits to persons
Policies Act of 1970            displaced as a result of
(42 U.S.C.  4601 et seq.)       federal actions. This act is
                               potentially applicable to
                               persons displaced as a result
                               of GSA lease-construction
                               projects.
Note: For purposes of this table, we have cited only the
original act even though many of the statutes cited have been
subsequently amended.
aThe simplified acquisition threshold is $100,000.
Source:  GSA.

Table 2: Executive Orders Applicable to the GSA Leasing
Program
Executive Order                 Description
11375 - Equal Employment        Prohibits federal contractors
Opportunity                     from discriminating against any
(Oct. 13, 1967, 32 Fed. Reg.    employee or applicant for
14303 )                         employment because of race,
                               color, religion, sex, or
                               national origin.
11988 - Floodplain Management   Precludes GSA from leasing
(May 24, 1977,                  space in buildings located
42 Fed. Reg. 26951)             within floodplains unless there
                               are no practicable
                               alternatives.
11990 - Protection of Wetlands  Precludes GSA from leasing
(May 24, 1977,                  space in wetlands unless there
42 Fed. Reg. 26961)             are no practical alternatives.
12072 - Federal Space           Requires that first
Management                      consideration be given to
(Aug. 16,1978, 43 Fed. Reg.     locating federal facilities in
36869)                          urban areas within central
                               business areas.
12699 - Seismic Safety of       Requires that new buildings
Federal and Federally Assisted  constructed for lease to the
or Regulated New Building       government are designed and
Construction                    constructed in accord with
(Jan. 5,1990, 55 Fed. Reg. 835) appropriate seismic design and
                               construction standards.
12902 - Energy Efficiency and   Requires that appropriate
Water Conservation at Federal   consideration be given to
Facilities (Mar. 8,1994, 59     efficient buildings in the
Fed. Reg. 11463)                leasing process.  Increases
                               federal energy reduction goals
                               to 30 percent by the year 2005.
                               This executive order was
                               revoked June 3, 1999, when
                               Executive Order 13123 was
                               issued.
13006 - Locating Federal        Subject to the Rural
Facilities on Historic          Development Act and Executive
Properties in Our Nation's      Order 12072, directs that
Central Cities                  executive agencies give first
(May 21,1996, 61 Fed. Reg.      consideration to locating
26071)                          federal facilities in historic
                               properties within historic
                               districts when operationally
                               appropriate and economically
                               prudent.
13123 - Greening the Government A new executive order that
Through Efficient Energy        incorporates many provisions of
Management (June 3, 1999, 64    Executive Order 12902, which
Fed. Reg. 30851)                was revoked. Establishes a goal
                                to reduce energy consumption
                               per gross square foot by 30
                               percent in 2005 and 35 percent
                               in 2010, compared with 1985. It
                               requires agencies entering into
                               leases, including the
                               renegotiation or extension of
                               existing leases, to incorporate
                               lease provisions that encourage
                               energy and water efficiency
                               wherever life cycle cost-
                               effective. For build-to-suit
                               leases, it requires
                               solicitations to contain
                               criteria encouraging
                               sustainable design and
                               development, energy efficiency,
                               and verification of building
                               performance. Agencies are to
                               include a preference for
                               buildings having the ENERGY
                               STARï¿½ Building label in their
                               selection criteria for
                               acquiring leased buildings.
Source: GSA.

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