Attachment A Exhibit 1 - Laws and Regulations.pdf

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R402--Real Estate Acquisition Support Services (REASS) Recompete
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36C10F26R0045
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This document is an exhibit listing laws, regulations, executive orders, OMB circulars, and policies applicable to federal lease actions. It does not address specific products, services, response dates, pricing terms, or contract vehicles. Rather, it serves as a comprehensive reference guide for agencies undertaking lease actions under a delegation of authority to consult with legal counsel regarding regulatory compliance.

The document organizes 51 authorities across four categories: 32 laws (including the Anti-Kickback Act, Competition in Contracting Act, Davis-Bacon Act, Drug-Free Workplace Act, and the Secure Federal Leases from Espionage and Suspicious Entanglement Act); 13 executive orders (covering equal employment opportunity, floodplain management, wetlands protection, federal space management, federal real property asset management, climate action, and contractor wage requirements); 2 regulations (the Comprehensive Procurement Guideline and Federal Management Regulation); and 4 policy items (OMB memoranda and circulars, the GSA Acquisition Manual, and GSA Public Buildings Service guidance). Agencies are directed to review these authorities for applicability to individual lease actions and to consult agency legal counsel accordingly.

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LAWS, REGULATIONS, EXECUTIVE ORDERS, OMB CIRCULARS, AND POLICIES AFFECTING

LEASING

Items listed below may have applicability with regard to proposed lease actions to be undertaken pursuant to this delegation of authority (DOA). You are encouraged to consult with your agency’s legal counsel regarding the applicability of these authorities to individual lease actions.

Laws

1. Anti-Kickback Act of 1986 (41 U.S.C. § 8701 et seq.);

2. Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151-4157);

3. Assignment of Claims Act of 1940 (31 U.S.C. § 3727);

4. Balanced Budget Act of 1997 (2 U.S.C. § 900 et seq.);

5. Competition in Contracting Act of 1984 (41 U.S.C. § 3101 et seq.);

6. Contract Disputes Act of 1978 (41 U.S.C. §§ 7101-7109);

7. Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. §§ 3701-3708);

8. Copeland Act of 1934 (18 U.S.C. § 874; 40 U.S.C. § 3145;

9. Covenant Against Contingent Fees (41 U.S.C. § 3901;

10. Davis-Bacon Act of 1931 (40 USC §§ 3141-3148);

11. Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106);

12. Earthquake Hazards Reduction Act of 1977 (42 U.S.C. §§7701-7706);

13. Energy Independence and Security Act of 2007, Pub. L. 110-140, Dec. 19, 2007, § 435, 121

Stat. 1615, (42 U.S.C. § 17091);

14. Energy Policy Act of 1992 (42 U.S.C. § 8253);

15. Examination of Records (41 U.S.C. § 4706);

16. Leasing Authority (40 U.S.C. § 585(a));

17. Fire Administration Authorization Act of 1992 (15 U.S.C. § 2227);

18. Intergovernmental Cooperation Act of 1968 (40 U.S.C. §§ 901-905);

19. John S. McCain National Defense Authorization Act for Fiscal Year 2019, (PL 115-232, August

13, 2018, 132 Stat 1636):

a. § 880, Use of Lowest Price Technically Acceptable Source Selection Process;

b. § 889, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment;

20. National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.);

21. National Historic Preservation Act of 1966 (54 U.S.C.A. §§ 300101-304112, 307101-307102);

22. Occupational Safety and Health Act of 1970 (29 U.S.C. §§ 651-678);

23. Officials Not to Benefit (41 U.S.C. § 6306);

24. Prohibitions on Use of Appropriated Funds to Influence Federal Contracting (31 U.S.C. § 1352);

25. Prompt Payment Act (31 U.S.C. §§ 3901-3905, 3907);

26. Prospectus Authority (40 U.S.C. § 3307);

27. Randolph-Sheppard Act (20 U.S.C. § 107 et seq.);

28. Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.);

29. Rural Development Act of 1972 (7 U.S.C. § 2204b-1);

30. Secure Federal Leases from Espionage and Suspicious Entanglement Act (PL 116-276, 134

Stat. 3362, 40 USC 585 NOTE);

31. Small Business Act (15 U.S.C. §§ 631 et seq.); and

Exhibit 1

32. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.

§§ 4651-4655.);

Executive Orders

33. Executive Order (E.O.) No. 11375, “Equal Employment Opportunity” (Oct. 13, 1967, 32 FR

14303);

34. E.O. No. 11988, “Floodplain Management” (May 24, 1977, 42 FR 26951);

35. E.O. No. 11990, “Protection of Wetlands” (May 24, 1977, 42 FR 26961);

36. E.O. No.12072, “Federal Space Management” (Aug. 16, 1978, 43 FR 36869) as amended by

37. E.O. No. 13946, “Targeting Opportunity Zones and Other Distressed Communities for Federal

Site Locations” (Aug. 24, 2020, 85 FR 52879).

38. E.O. No. 13717 “Establishing a Federal Earthquake Risk Management Standard” (Feb. 2, 2016, 81 FR 6407);

39. E.O. No. 13006, “Location Federal Facilities on Historic Properties in our Nation’s Central Cities” as amended by E.O. No. 13946, “Targeting Opportunity Zones and Other Distressed

Communities for Federal Site Locations” (Aug. 24, 2020, 85 FR 52879);

40. E.O. No. 13327, “Federal Real Property Asset Management” (Feb. 4, 2004, 69 FR 5897);

41. E.O. No. 13576, “Delivering Efficient, Effective, and Accountable Government” (Jun. 13, 2011, 76 FR 35297);

42. E.O. No. 14008, “Tackling the Climate Crisis at Home and Abroad” (2021, Federal Register

7619);

43. E.O. No. 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability”

(Dec. 8, 2021, 86 FR 70935);

44. E.O. No. 14026, “Increasing the Minimum Wage for Federal Contractors” (Apr. 27, 2021, 86 FR

22835); and

45. E.O. No. 13076, “Establishing Paid Sick Leave for Federal Contractors” (Sep. 7, 2015, 80 FR

54697);

Regulations

46. Comprehensive Procurement Guideline for Products Containing Recovered Materials (40 C.F.R.

Chapter I Part 247); and

47. Federal Management Regulation (41 C.F.R. Chapter 102);

Policy

48. OMB Memorandum M-17-26, ‘Reducing Burden for Federal Agencies by Rescinding and

Modifying OMB Memoranda,’ issued June 15, 2017;

49. Office of Management and Budget (OMB) Circular A-11, Appendix B (Lease Scoring);

50. General Services Administration Acquisition Manual (including the General Services

Administration Acquisition Regulation, Part 570) (48 C.F.R. Chapter 5); and

51. General Services Administration, Public Buildings Service, Leasing Desk Guide, Circulars, Acquisition Letters, Class Deviations and Alerts.

Signed VA (9) FY25 Leases Above Prospectus Cover Letter
Signed VA (9) FY25 Leases Above Prospectus Delegation of Lease Authority
Signed VA (9) FY25 Leases Above Prospectus Laws, Regulations, EOs and Policy 12.2022
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