a. This order establishes minimum requirements for the Office of General Counsel (OGC) review of agency actions.
b. Heads of Services shall, as per par. 6.c. of this Order, establish supplemental legal review orders for their organizations. The OGC may establish supplemental legal review orders for different organizations or regions where necessary. Supplemental legal review orders may be used to specify additional actions or thresholds for legal services, but may not limit or reduce thresholds as provided in Appendix A to this Order.
2. Background.
OGC, as defined in par. 3.d. of this Order, is the sole and exclusive authorized provider of legal services, review and advice to agency personnel in the course of agency operations, except for the Office of Inspector General (OIG), Civilian Board of Contract Appeals (BOCA), and as designated by the General Counsel or otherwise provided by statute. Agency officials may rely upon the advice of counsel on legal issues, but are responsible for other aspects of decisions, including the exercise of sound business and policy judgment.
3. Definitions.
a. Legal review order” means this GSA Order together with all Appendices and modifications hereto.
b. "Legal services” means the process of providing legal advice and guidance to agency personnel, based on applicable laws, regulations, and policies, consistent with the best interests of the United States.
c. “Legal review" means a formal review by OGC legal counsel of a proposed action, evidenced in writing and as further described in paragraphs 6 and 7 of this Order. Any instructions in regulations or agency directives to obtain legal review, advice, assistance, consultation, coordination, approval or concurrence regarding the legal sufficiency of a proposed action are deemed to be included within this definition.
d. “OGC” refers to the Office of General Counsel, its attorneys and staff employed in Central Office and in each regional office.
e. “Legal counsel” or “counsel” refers to the attorney(s) assigned by OGC to provide legal services, review and advice to the agency activity and/or personnel involved in a proposed action and/or matter.
4. Cancellation.
GSA Order ADM 5000.4A, February 9, 1995, is cancelled.