§3308 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The head of the General Services Administration can hire established architects or engineers — companies, firms, or individuals — by contract or other means when needed for any federal building the agency may build or change. These hires do not have to follow the usual civil service hiring rules and cannot be made permanent. Even if outside architects or engineers are hired, the agency head stays in charge of the construction. That person must interpret contracts, approve materials and workmanship and any changes, certify contractor payments, and finish the final settlement of the contract.

Title 40, §3308

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)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.

(b)A corporation, firm, or individual shall not be employed under authority of subsection (a) on a permanent basis.

(c)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3308(a)40:609(a).Pub. L. 86–249, § 10, Sept. 9, 1959, 73 Stat. 481. 3308(b)40:609(b). 3308(c)40:609(c). In subsection (a), the words “chapters 33 and 51 and subchapter III of chapter 53 of title 5” are substituted for “the Classification Act of 1949, as amended” and the reference to civil service laws in section 10(a) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 31, United States Code.

Editorial Notes

Amendments

2011—Subsec. (a). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.

§3308 Architectural or Engineering Services