Under what authorities does PBS perform reimbursable work for other federal agencies?
Generally, we perform reimbursable work for other federal agencies using the authority provided by 40 U.S.C. § 592(b)(2) or 31 U.S.C. § 1535 (the Economy Act). Our authority to obtain payments for the work we provide on a reimbursable basis is 40 U.S.C. § 581(g). We may also use the authority provided by 40 U.S.C. § 583 to acquire land and construct buildings on behalf of other agencies, including those maintained by other agencies outside of our jurisdiction, custody, and control.
When does PBS use the authority provided by 40 U.S.C. § 592(b)(2) versus the Economy Act?
We use the authority provided by 40 U.S.C. § 592(b)(2) to perform reimbursable work in property within the jurisdiction, custody and control of us. We use the authority provided by the Economy Act to perform reimbursable work in property that is not within the jurisdiction, custody, and control of us.
How does PBS perform work under the Economy Act?
When we perform RWA projects under the Economy Act, it must obligate the customer’s funds within the period of availability for new obligations applicable to those funds. Customer time-limited funds that are not obligated by us within the period of availability of those funds (with the exception of funds set aside for GSA fees) must be deobligated by the customer upon expiration.
When should a customer agency obligate its funds?
The customer agency should obligate its funds when we sign and accept the RWA in accordance with the Recording Act, 31 U.S.C. § 1501. This is communicated through an acceptance letter and signed RWA from us.
What is a bona fide need and how does it apply to customers?
Bona fide need is a fiscal law requirement established in 31 U.S.C. § 1502 specifying that a time-limited appropriation can be obligated only to meet a legitimate need arising in (or in some cases, arising before but continuing to exist in) the fiscal year for which the appropriation was made. In other words, an agency cannot use current year funds for a future year’s need.
When do the customer agency’s funds transfer from the customer to PBS?
The funds are obligated to us when we accept the RWA and the customer records that obligation in their own accounting system for the scope of work intended to be delivered by us. Transfer of the funds takes place when we incur expenditures, bill the customer, and the customer agency makes payment to reimburse us for those expenditures.
What is the difference between a customer’s obligation of its funds and PBS’s obligation of those funds?
The customer agency’s obligation of its funds occurs once we accept the RWA and notifies the customer of acceptance (via the Acceptance Letter). Our obligation of those funds occurs as we execute contracts to deliver the scope of work identified on the RWA.
Can PBS start an RWA project without having customer agency funding?
No. We may not begin RWA projects prior to receiving the full amount of funding needed from the customer agency. Only planning, requirements development, and cost estimating services can be performed by us before an RWA is accepted. Customers should submit an RWA Work Request in eRETA as soon as they identify a need for a project or service so that we may sufficiently plan for future staffing and support needs.
What are the different appropriation fund types?
- Annual appropriation: An appropriation that is available for obligation only during a specific fiscal year. It remains available to liquidate, via expenditures properly chargeable to that funding, for five fiscal years until the end of that fiscal year after the period of availability expires.
- Multiple-year appropriation: An appropriation that is available for obligation for a definite period of time, as determined by Congress, in excess of one fiscal year, and remains available to liquidate expenditures properly chargeable to that funding for five fiscal years until the end of that fiscal year, after the period of availability expires.
- No-year appropriation: An appropriation that is available for obligation for an indefinite period. A no-year appropriation is usually identified by appropriation language stating that funds are, “to remain available until expended.”
Can a customer agency provide an RWA to cover rent?
No. Customer agencies receive direct appropriations for rent. As a result, providing an RWA to pay for rent could increase the customer agency’s appropriation. Thus, we cannot facilitate the use of an RWA as a funding source for rent.
Can PBS accept an RWA in September for work that will not start until October? How does the bona fide needs rule work in this instance? Does this violate the bona fide needs rule?
Yes. We can accept an RWA for a project and begin the work in the next fiscal year because the customer’s bona fide need for the work exists when the RWA is accepted (i.e., in September). It does not violate the bona fide needs rule.
What is incremental funding?
Incremental funding is defined as funding the scope of work for a project, over a period of time. RWA requests for non-severable services must be accompanied by funding sufficient to accomplish the entirety of the requested work, even if the work is to occur over multiple fiscal years. Non-severable services may not be partially or incrementally funded regardless of fund type, including no-year funding.
Is incremental funding permitted?
No. Fiscal law and GSA policy prohibit incremental funding, regardless of fund type.
What does “full funding” mean?
The entire funding to support the estimate for the scope of work provides for a discrete and fully functional project deliverable (that is, a complete phase or stage of the project).
Is it okay to receive an RWA with multiple lines of accounting listed and one billing address?
Yes. RETA has the functionality to accept an RWA citing multiple lines of accounting.
Does PBS need an RWA to begin the design work?
An RWA is not needed to begin requirements development, but our policy requires that an RWA is accepted prior to any contracting for design work. We cannot begin in-depth design work before accepting an RWA and then bill for those services at a later date.
How does PBS accept an RWA for requirements prior to design for owned space?
We may use historic data, lump sum costs, square footage costs, or a combination to provide cost estimating based on the understanding of the project and facility. As requirements are further defined and phases of a project are completed, the range of accuracy of the SCE will improve.
What does PBS do when a customer changes its mind after the RWA is accepted and PBS has already incurred charges?
We must ensure that no additional obligations are placed against the RWA. We will then close out the RWA (rather than canceling it) and bill the client agency for any costs incurred.
How do zones receive Work Requests and RWAs?
We receive WRs/RWAs in RETA since all federal customers are required to use eRETA to send all WR/RWA information to us. WR/RWA information from non-federal customers is received through the severable services team, as non-federal customers cannot use eRETA.
Can PBS accept an RWA funded with time limited funds (annual or multiple year) that expired prior to PBS’s acceptance of the RWA?
No. Accepting an RWA funded with expired funds that was submitted by a customer agency but never officially accepted by us violates the Recording Act (31 U.S.C. § 1501). An amount shall be recorded as an obligation only when supported by written evidence of a binding agreement between two agencies that was executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided. Since we did not sign and accept the RWA during the period of availability of the funds, there is no binding agreement or basis for the customer agency to obligate the funds. If the customer agency continues to desire the project, the customer agency should submit an RWA using funds that are currently available for new obligations. However, under rare circumstances, expired funding should and can be used. Should you have any questions regarding those circumstances, please contact your respective Zonall RWA Manager.
Can PBS accept phased RWAs? For example, can a customer provide an RWA for the design and then submit a new RWA for the construction?
Yes. We can accept phased RWAs, but each phase must include a discrete and fully functional project deliverable and be fully funded at the time the RWA is accepted.
Are RWAs Interagency Agreements (IAA), or are RWAs and IAAs different types of agreements?
RWAs are a type of IAA. Upon acceptance by us, the RWA is the document used by us to obligate the funds on behalf of the requesting agency. As such, we then become the servicing agency and the funds are recorded on the requesting agency’s accounting records as an obligation. If there is a separate memorandum of agreement, or IAA, it should be uploaded into eRETA as a supplement to, but never in lieu of, the RWA Form 2957. In any event, we always require an RWA be submitted when a customer agency is requesting work to be performed by us, as the servicing agency, under either 40 U.S.C. § 592(b)(2), the Economy Act, or 40 U.S.C. § 583.
Why do funds have to be obligated within 90 days of RWA acceptance?
The RWA NPM requires that we obligate customer agency funds within a reasonable time. Following acquisition lead times, we consider a reasonable time to be 90 days unless otherwise noted by an attached schedule.
Do F Type RWAs require a schedule?
No. Since F Type RWAs are used to cover miscellaneous services within a fiscal year, no schedule is required.
What does the timing of availability of an appropriation mean and how is it different from the liquidation period?
The timing of availability of an appropriation means an agency is given funds through an appropriation and those funds must be obligated within a specific time period. If an agency is given a $1 million annual appropriation for the current fiscal year, this means the agency has until the end of the fiscal year to obligate that $1 million. If the agency obligates $1 million to us on an RWA, then we have up to five fiscal years from the end of the customer’s obligational authority (the end of this fiscal year in this case) to incur all obligations and to liquidate (expend) the obligations incurred. (See 31 U.S.C. § 1553). We are required, by law, to incur its obligations within a reasonable time, as detailed in the “reasonable time” section of the RWA National Policy Manual.
Is the customer agency’s obligational authority year included in the five-year liquidation period?
No. The five-year liquidation period clock does not start until the customer’s obligational authority expires. (See 31 U.S.C. §§ 1552 - 1553).
Where does the customer’s money go if it is not liquidated before the end of the liquidation period?
The funds are sent back to the customer agency, who must return the funds to the Treasury. The customer agency may be able to obligate currently available funds in accordance with 31 U.S.C. § 1553(b) if the customer wants to continue with the project and also to cover any costs we may have incurred that were not yet billed.
Does the five-year liquidation rule apply to no-year money?
The five-year liquidation rule from 31 U.S.C. § 1552 does not apply to no-year funds, as they have no expiration.
Work Requests and RWAs
What’s the difference between a Work Request and an RWA?
- Work Request, or WR: The initial request to us describing the work the customer needs. It does not include funding yet.
- Reimbursable Work Authorization, or RWA: The formal agreement created after requirements are finalized and funding is provided. Work begins after we accept it.
Do customers have to use eRETA to submit requests?
- Federal customers: Yes, eRETA is required
- Non-federal customers: Submit requests outside of eRETA (manual process). Contact OUET.help@gsa.gov to get started.
RWA Types
Do RWA Types really matter?
Yes. It is imperative that we assign the correct RWA Type to an RWA. This matters for data reporting, audits, financial reporting, customer billing, and accurate application of policies and appropriations laws.
Who determines the RWA Type?
We do.
Are any RWA Types determined by the dollar amount of the RWA?
RWA Types are decided by the project, not by amount (e.g., a space project is an A Type or an N Type unless it is associated with a prospectus project which makes it a B Type). There is a $250,000 limitation for F Types, and though an important consideration for the F Type RWA, the dollar amount of the RWA should not be the leading consideration for selecting the RWA Type.
What is the difference between an A, B, and N Type RWA?
A, B, and N type RWAs are all used for nonrecurring federal agencies, one-time needs. N Types are the most commonly used RWAs; they are fully funded by the customer and can be for federal or leased space. A Type RWAs are for split-funded projects in which we provide BA54 funds and the customer agency provides RWA funding for a project in federally owned space. B Type RWAs are for projects that are related to a PBS prospectus project regardless of the dollar value of the RWA.
Can an N Type last more than one year?
Yes, an N Type for nonseverable services can be accepted during the period of availability of the funds and can be liquidated against for up to five fiscal years until the end of that fiscal year beyond the expiration of obligational authority of the customer’s funds. If an annually funded severable service is performed on an N Type, the N Type RWA can only last 12 calendar months and the services must be obligated prior to the expiration date of obligational authority of the fund.
Can severable services be placed on an N Type?
Yes, but only for nonrecurring services where costs are readily identifiable (i.e., services that are separately metered or billed).
Can PBS use an N Type for miscellaneous services (i. e., similar to F Types, but do not close out at the end of the fiscal year)?
No. This is the definition of parking funds and violates both our policy and appropriations law.
Can PBS accept one RWA with multiple locations identified?
Yes, only for A, B, F & N-types and given that the scope of work is the same across all buildings and other requirements as outlined in RWA Policy are met. See the National Policy Manual for use of multiple buildings on one RWA.
What is meant by “PBS prospectus projects”? What do they have to do with B Type RWAs?
A PBS prospectus project is one that is approved by Congress as a line item in our budget. Any RWA in support of or done in coordination with a PBS prospectus project must be classified as a B Type RWA to allow for financial reporting to Congress. The prospectus thresholds can be found on our website.
Are prospectus authority approval/waivers required if the RWA goes over PBS’s prospectus threshold?
The PBS prospectus threshold does not apply to customer funding. If a customer exceeds their agency’s prospectus threshold, we do not require any additional approvals from customers other than the signature from their Fund Certifying Official, certifying that they have the authority to use the fund as cited on the RWA.
A customer decides halfway through a PBS prospectus project that they would like PBS to assist with the move and furniture. This requires a new standalone RWA. What RWA type should be used?
It must be a B Type RWA because the work is related to the PBS prospectus project.
What is the difference between a C and a D Type RWA?
C Type RWAs are used for recurring services. D Type RWAs are used for nonrecurring services and projects.
How does a non-federal customer establish an RWA, since they can’t use eRETA?
Non-federal customers should contact the RWA program contacts, who will establish a Work Request (draft RWA) within the RETA system. The program contacts can then supply the RWA number to the non-federal customer, to cite on their pre-payment to us. Please see the RWA program’s contact page.
How does funding and payment work for C and D Type RWAs?
Unlike all other RWA types, C and D Types require prepayment by the customer via credit card (through the Department of Treasury’s “Pay.gov” website) , or check. Customers should contact the RWA manager regarding the finance office addresses where the check should be sent.
To whom should the check be written for C and D Type RWAs?
General Services Administration
What is an example of something a D Type RWA would typically be used for?
Renting a space for a mock trial, filming a movie in a federal building, or renting a space for a wedding.
What is an example of something a C Type RWA would typically be used for?
Non-federal customers requiring overtime utility services in one of our buildings.
How do customers get an F type RWA established?
Customers should send RWA Work Requests as soon as possible, even before the start of the next FY, for F Type projects and services that will be needed. They can then submit RWAs for potential acceptance at the start of the FY, once a Summary Cost Estimate (SCE) is linked and approved to their WR. Customers should include “F Type” in the description of requirements field to aid in identifying the RWA as an F Type.
How can PBS accept RWAs for miscellaneous services and still satisfy the Bona Fide Needs rule and Recording Statute?
The bona fide needs rule and recording statute require services to be detailed and recorded prior to the expiration date of obligational authority of a fund. F Type RWAs are for miscellaneous services that are typically needed throughout a fiscal year not to exceed $250,000 total per RWA and $50,000 per order. These RWAs are not legally permitted to cross fiscal years and all work must be physically completed prior to the expiration date of obligational authority; therefore their use, bona fide need, scope details, and financial record remain within the period of availability of the customer’s funding.
Can customers amend F Type RWAs?
Yes, customers can amend an F Type during the course of the fiscal year.
Where do the funds go if there is some left over on an F Type at the end of the year?
Any funds that have not been expensed by us prior to the end of the FY cannot be used by us. The customer may deobligate the excess funding on their books upon receipt of the Closeout Letter.
Do F Types have to be obligated and expended by the end of the fiscal year?
Yes, F Types have to be obligated and expended before the end of the fiscal year as F Types close at the end of the FY. This highlights the importance of monitoring the funding balances. If it appears there are excess funds on the RWA that will be returned when the RWA is closed, PBS and the customer can preemptively amend the RWA to deobligate excess funds. Then the customer can redirect unused funding to other projects prior to the end of the fiscal year.
What should the scope/description of requirements say for an F type RWA?
Because F type RWAs are for miscellaneous projects and services, the scope on the RWA should say “miscellaneous projects” and “F Type”. If more scope detail is available, the team should consider accepting the RWA as an N type instead.
Are R Types typically severable or nonseverable?
Severable.
Are R Types used in owned space only?
R Types are most commonly used in federally owned space. We cannot use recurring RWAs (R Types) for leased space if the lessor provides specific invoices/bills for the above standard services.
Can an RWA that is severable and recurring cross fiscal years?
No. Recurring RWAs cannot cross fiscal years.
RWAs in leased space
When is the latest time an RWA for a project in excess of a customer Agency’s Tenant Improvement Allowance (TIA) (or customization tier) in new or continuing occupancies in leased space, is required?
The RWA for the excess TIA must cite currently available funds and be received and accepted by us no later than the date of the lease award.
Is there a rule against accepting RWAs if the lease expiration is within two years?
No, provided the estimated project completion date of the RWA is within the performance period of the lease (e.g., in this case within two years).
How far in advance can a customer give money for leased projects?
As early as the project is identified (which usually occurs with the signed SF81), scoped and estimated, but no later than prior to lease award.
What happens if the lease process crosses fiscal years and the customer needs to amend the RWA for work within the scope of the RWA? Must the customer agency use original fiscal year funds?
Yes. If there is no change in scope, the customer agency must fund the antecedent liability with funds it had available when the original RWA was accepted. If it has no such funds, it can submit a Statement of Further Written Assurance certifying that it has no funds that were available when the original RWA was submitted and then submit funding that is currently available.
Personal property
Can PBS accept RWAs that only include personal property (i.e., furniture)?
Yes, but if the RWA is not related to a PBS project as outlined in policy, then the Stand Alone Option for Furniture Acquisition (SOFA) program must be followed.
Is the RWA Management Fee applicable to personal property (i.e., furniture)?
No. The RWA Management Fee is not applicable to the purchase of personal property. However, the RWA Management Fee is applicable to delivery and installation of furniture.
Can a customer procure their own moves and purchase personal property (i.e., furniture)?
Yes, as long as the personal property does not become affixed, connected or adapted to our building. The same applies to moves.
Is cabling in walls personal property?
No. It is attached to the structure so it is not considered personal property.
Can PBS provide excessing or disposal of furniture?
No, as that is a service free of charge provided by FAS. Please visit the FAS website for further information on excessing and disposal of federal personal property.