[Expenditure of Appropriated Funds for Building Maintenance and Repairs]

The Department of the Treasury requested an opinion regarding the legality of a Federal agency to expend its appropriated funds for maintenance, repairs, or services to buildings assigned to it by the General Services Administration (GSA). Specifically, two questions were addressed: (1) whether a Federal agency may enter into contracts with third parties for maintenance, repairs, or services to buildings in instances in which GSA is unwilling or unable to provide services adequate to protect the health and safety of the agency's employees, and (2) if so, whether Treasury may withhold from its standard level user charge payments to GSA the amount which Treasury has paid to a third party contractor for these services. GAO held that GSA has the exclusive statutory authority to provide or otherwise arrange for maintenance, repairs, and the necessary services required to house occupant agencies. Therefore, Treasury cannot make deductions for these services from the standard level user charge it pays to GSA.