Purpose:
This Order updates guidance for the establishment, management, and termination of the General Services Administration’s (GSA’s) advisory committees that fall under the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. 10, and GSA’s Federal Advisory Committee Management Final Rule (“the Final Rule”), 41 CFR Part 102-3. This Order supplements FACA and the Final Rule and should be used in conjunction with both. Implemented together they provide detailed GSA requirements, responsibilities, processes, and procedures for the establishment, operation, and management of GSA Federal advisory committees.
Questions related to this Order should be directed to the GSA Committee Management Officer (CMO) located in the Office of Government-wide Policy (OGP).
Background:
Each agency head must issue administrative guidelines for the management of Federal advisory committees established by the agency. See 41 CFR 102-3.105(b).
Applicability:
- This Order applies to all GSA Service and Staff offices.
- This Order applies to the Office of Inspector General (OIG) to the extent that the OIG determines it is consistent with the OIG’s independent authority under the Inspector General Act and does not conflict with other OIG policies or the OIG mission.
- This Order applies to the Civilian Board of Contract Appeals (CBCA) to the extent that the CBCA determines it is consistent with the CBCA’s independent authority under the Contract Disputes Act and applicable Federal Court decisions and does not conflict with other CBCA policies or its mission.
Cancellation:
This Order supersedes ADM 5420.40E, GSA Federal Advisory Committee Management Program, dated July 21, 2016.
Summary of Changes:
The following changes have been made to the Order:
- All references to the CMO functionality residing in the Office of Administrative Services have been changed to OGP, including the Order number.
- It has been updated for compliance with GSA’s recently revised Federal Advisory Committee Management Final Rule issued on April 18, 2024, and other relevant bulletins, directives, and memorandums.
Roles and Responsibilities:
The following abbreviated roles and responsibilities apply to this Order. See section 3 of the Order for the full description.
- The GSA Administrator serves as the agency head under 41 CFR 102-3.105 and ensures GSA advisory committee staff and members comply with FACA, the Final Rule, and this Order.
- The CMO is responsible for implementing and exercising control and supervision over policies and procedures for the management of GSA’s Federal Advisory Committee Management Program.
- The Heads of Services and Staff Offices and Regional Administrators (HSSO/RAs) are responsible for providing oversight for advisory committees within their purview and ensure their Designated Federal Officers (DFOs) are coordinating closely with the CMO for guidance on the establishment, renewal, operation, management, and termination of those advisory committees.
- The DFO is responsible for ensuring their advisory committee activities comply with FACA, the Final Rule, and this Order.
- The Office of General Counsel (OGC) is responsible for providing legal assistance and advice to GSA’s Federal Advisory Committee Management Program concerning the applicability of, and compliance with, FACA and related statutes and regulations.
- The Chairperson serves as the advisory committee leader and is responsible for coordinating with the DFO and the advisory committee members.
- GSA’s Committee Management Secretariat (Secretariat) is responsible for oversight of the government-wide FACA program.