Returning to Facilities - Projects
- Continuing Public Buildings Service (PBS) Construction Projects
- Reimbursable Work Authorization Funding Options
If you want to explore how you can reimagine your existing space and maximize your return on investment for realty space solutions, we are here to help. Please submit a work request to start working with us. No funding is required to start the process. Your work request can easily be stopped if your agency doesn’t pursue the options developed. For occupant agencies in the early stage of the requirement development process and have a new directive to change the workplace as a result of COVID-19 pandemic, please contact your planning or workplace manager to discuss new options for your workplaces.
- Deciding to Continue: The GSA Head of Contracting Authority (HCA) will decide whether to continue a PBS construction project, including reimbursable projects. The HCA will consult with the local building manager, project team, contracting officer (CO), and occupant agency, according to SPE Memo SPE-2020-08 [PDF - 224 KB].
- Requesting Attestation Letters: If a PBS construction project is determined to be an essential critical infrastructure activity (ECIA) and takes place in an area subject to state or local stay-at-home or shelter-in-place orders, the CO may request attestation letters for contractor employees from an HCA. Attestation letters authorize contractors to travel to work on PBS construction projects that support an ECIA.
- Office of Design and Construction guidance: In general, a PBS construction project should continue as long as the contractors’ employees wear appropriate personal protective equipment (PPE), maintain social distancing measures, and are blocked from the site if they have contracted or are suspected to have contracted COVID-19. For contractors with pandemic plans as part of their means and methods, project teams should work with the contractor to implement the plan for addressing all aspects of operating during the COVID-19 pandemic. They should follow Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) guidelines, including implementing temporary or permanent shutdowns.
- Project Delay Responsibilities: The requesting agency is responsible for all additional costs caused by project delays for any reimbursable project in space under GSA’s jurisdiction, custody or control. GSA may only pay for such costs when GSA is solely responsible for errors caused directly by GSA in performing its responsibilities under a reimbursable work authorization (RWA) that led to the increased costs. This excludes errors, including delays, caused by contractors or other parties GSA has hired to perform the work. See GSA Form 2957 [PDF - 396 KB], General Terms and Conditions, section 8.
- Extending expiring RWAs: Nothing in the legislation related to the COVID-19 pandemic has changed the requirements of 31 U.S.C. § 1552 regarding time-limited appropriations. As such and according to 31 U.S.C. § 1552(a), unless the funds supplied by the requesting agency via the RWA are no-year funds, on September 30th of the 5th fiscal year after the period of availability for obligation of a fixed appropriation account ends, the account must be closed. Any remaining balance (whether obligated or unobligated) in the account must be canceled and, thereafter, will not be available for obligation or expenditure for any purpose.
- Minimizing project delay costs: The requesting agency is typically responsible for all additional costs caused by project delays for any fully reimbursable project in space under GSA’s jurisdiction, custody or control. However, PBS COs and project managers can take certain actions to minimize costly project delays.
- Work towards negotiating non-compensable delays when possible. Exhaust every opportunity to work with the contractor within the limits of the contract’s changes clause to reduce the requesting agency’s financial burdens.
- If the CO determines that a contractor is owed compensation for delays on a fully reimbursable project, work with the requesting agency to amend the RWA previously submitted for the project to pay the delay costs.
- Review the recently revised PBS Pricing Desk Guide [PDF - 2 MB] regarding our responsibility for asbestos and lead-based paint abatement. Review fully reimbursable projects on a case-by-case basis. Confirm if the requesting agency is required to fund all elements of the project according to the PBS Pricing Desk Guide section 3.5.1. If GSA determines that the requesting agency has included building shell costs, such as asbestos or lead-based paint abatement, in the RWA, the requesting agency’s responsibility for project costs may be reduced either by use of BA-54 funds or rent consideration through a deviation from PBS’s pricing policy.