***FINE ARTS PROGRAM***

***GENERAL SERVICES ADMINISTRATION***

***DESK GUIDE***

***1. Background***

> 1.1 Fine Arts Program Mission
>
> 1.2 Scope of Collection Statement
>
> 1.3 Description of Fine Arts Collection

4.  Organization

5.  [National Peer Registry]{.mark}

> 1.6 Responsibilities

***2. Acquisition***

> 2.1 Art in Architecture

2.2 Architectural Barriers Act of 1968 and Americans with Disabilities
Act of 1990

> Considerations
>
> 2.3 Donation of Artwork
>
> 2.4 Artwork Associated with Building Acquisition

5.  Integrity of Space

6.  [First Impressions Program]{.mark}

[]{.mark}

***3. Inventory***

> 3.1 Fine Arts Automated Inventories
>
> 3.2 Internet WEB Site
>
> 3.3 WPA Artwork in Non-Federal Repositories
>
> 3.4 Central Archives
>
> 3.5 Identification of Artwork

6.  Appraisal of Artwork

7.  [Missing Art]{.mark}

[]{.mark}

***4. Protection of Artwork***

> 4.1 Installation Standards
>
> 4.2 Facilities Maintenance
>
> 4.3 Protection of Artwork During Construction or Renovation
>
> 4.4 Art Handling and Transportation

5.  Damage

6.  [Insurance]{.mark}

[]{.mark}

***5. Inspection/Assessment***

> 5.1 Inspection
>
> 5.2 Inspection Forms
>
> 5.3 Assessment

***6. Conservation and Maintenance***

> 6.1 What Is Conservation?
>
> 6.2 Contracting
>
> 6.3 Qualifications of Fine Arts Conservators
>
> 6.4 Cyclic Maintenance
>
> 6.5 Storage

***7. Loan Program***

> 7.1 Loan Program

2.  Long Term Loans

3.  [Artwork in Office Space]{.mark}

> []{.mark}

***8. Interpretation, Exhibition and Education***

8.1 Architectural Barriers Act of 1968 and Americans with Disabilities
Act of 1990

> Considerations
>
> 8.2 Interpretation
>
> [8.3 Design Excellence and the Arts Exhibit Program]{.mark}
>
> 8.4 Educational and Outreach Programs
>
> 8.5 Photography and Captions
>
> [8.6 Fine Arts Collection and Copyright Law]{.mark}

***9. Emergency Planning***

> 9.1 What Is An Emergency?
>
> 9.2 Continuity of Operations Planning (COOP)
>
> 9.3 Objectives of Emergency Planning

***10. Relocation, Removal & Deaccessioning***

> 10.1 Policy
>
> 10.2 Relocation
>
> 10.3 Removal
>
> 10.4 Deaccessioning
>
> 10.5 Art in Architecture

6.  Dispute Resolution

***Appendices***

***A*** Who To Call

-   Central Office Personnel

-   Regional Fine Arts Officers

-   [Regional Directors, Property Development]{.mark}

-   [Design Excellence Regional Peers]{.mark}

-   [First Impressions Regional Champions]{.mark}

-   [Regional Property Management Officers]{.mark}

-   [Regional Emergency Coordinators]{.mark}

-   [Professional Organizations and Conservation Suppliers]{.mark}

[]{.mark}

***B*** Federal Legal Requirements

***C*** Art in Architecture Program Guidelines

***D*** Legal Title to Art Work Produced Under the Works Progress
Administration (WPA)

[Legal Ownership Letter of WPA Artwork]{.mark}

[***E*** Fine Arts Facts]{.mark}

-   [Fine Arts & Continuity of Operations Plans (COOP)]{.mark}

-   [Fine Arts & First Impressions]{.mark}

-   [Fine Arts & Maintenance]{.mark}

-   [Fine Arts & Property Disposal]{.mark}

[]{.mark}

***F*** Glossary

***G*** Regional Practices

***PREFACE***

> This desk guide is written to provide guidance necessary for the
> accurate acquisition, accountability, preservation and disposition of
> works of art in the Fine Arts Collection. The handbook is intended to
> provide direction while allowing for the flexibility necessary to
> accommodate the specific needs of each region. It was written to
> address specific needs and requirements of the collection, and will be
> revised and updated as those needs and
>
> requirements change.
>
> For further information contact:
>
> Alicia D. Weber, Director, 202-501-1554
>
> Kathy Erickson, Deputy, 202-501-4332
>
> Fine Arts Program

***CHAPTER 1. BACKGROUND***

This chapter describes the mission of the Fine Arts Program and the
history and scope of the Fine Arts Collection.

*Authorities and References*

-   The Federal Property and Administrative Services Act of 1949 (40
    U.S.C. §471 [et]{.underline} [seq]{.underline}.) provides General
    Services Administration (GSA) with the authority to procure and
    supply real and personal property and non-personal services, and
    transferred all functions of the Federal Works Agency, including
    artwork from the Works Progress Administration (WPA), to GSA.

-   The Federal Managers Financial Integrity Act (31 U.S.C. §3512), as
    implemented by OMB Circ. No. A -123, establishes procedures for
    internal financial and managerial accountability and control.

***1.1 Fine Arts Program Mission***

*GSA Mission*

We help federal agencies better serve the public by offering, at best
value, superior workplaces, expert solutions, acquisition services and
management policies.

*Fine Arts Program Mission*

To manage the portfolio of fine arts assets under GSA's stewardship to
insure their accountability, accessibility, preservation and appropriate
use to enhance and promote superior workplaces for federal agencies and
the public they serve.

***1.2 Scope of Collection*** ***Statement***

The Fine Arts Collection includes commissioned public works of art that
enhance the architecture of federal buildings; portable works of art
commissioned under the federal patronage of the New Deal; works of art
purchased with Art in Architecture (AiA) funds; and maquettes. The
collection does not include:

+------------------------------+---------------------------------------+
| -   decorative arts -        | such as furniture and light fixtures  |
|                              | (unless commissioned through the AiA  |
|                              | program)                              |
+------------------------------+---------------------------------------+
| -   architectural            | such as historic mosaic flooring,     |
|     ornamentation or details | stenciled borders, ceiling            |
|     -                        | medallions, coffered ceilings, cast   |
|                              | eagles, and ornamental molding        |
|                              | (unless commissioned through the AiA  |
|                              | program)                              |
+------------------------------+---------------------------------------+
| -   commemorative works of   | such as busts and portraits           |
|     art -                    |                                       |
+------------------------------+---------------------------------------+
| -   artwork purchased for    | such as reproduction prints and       |
|     office space -           | posters                               |
+------------------------------+---------------------------------------+

***1.3 Description of Fine Arts Collection***

Commissioning art for federal buildings is an American tradition, which
is proudly continued by GSA. The Fine Arts Collection is one of the
nation\'s largest and most diverse federal collections, consisting of
over 17,000 installed or associated paintings, sculpture, architectural
or environmental works of art, and graphics dating from the 1850\'s.
These civic works of art, located in federal buildings and non-federal
repositories across the United States, are maintained by GSA as part of
our cultural heritage and as a reminder of the important tradition of
individual creative expression. Those portable works maintained by GSA
are available for loan to museums, within central office, and to
regional headquarters in order to make them accessible to a broader
audience and to support GSA's mission to promote superior workplaces.
(See Chapter 7 for further information.)

*New Deal Art Projects*

A large portion of the collection dates from the New Deal Art Projects,
which operated from 1933 to 1943 during the Depression era. The federal
government recognized the plight of artists and commissioned paintings
and sculpture for the embellishment of newly constructed federal
buildings, post offices and courthouses. In addition to providing work
relief to unemployed artists, these New Deal initiatives produced the
first major body of public American art \-- hundreds of thousands of
works.

-   The Public Works of Art Project (PWAP), December 1933 - June
    1934,was the first federal employment agency for artists. It became
    the model for the subsequent art projects even though it awarded
    commissions on a non-competitive basis.

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-   The Section of Painting and Sculpture, known as \"The Section,"
    1934-43, sponsored by the Department of the Treasury, awarded
    commissions for murals and sculpture in the design and planning of
    new public buildings. In 1939, it became a part of the Public
    Buildings Administration, under the direction of the Commissioner of
    Public Buildings. Not less than 1%, and not more that 3%, of the
    estimated cost of the building was reserved for works of art.
    Artists were selected by nation-wide anonymous competitions.
    Preliminary sketches were sent to local committees comprised of
    qualified art officials, such as museum directors, and the architect
    of the building. The names of the artists were not known until the
    recommendations of the local committee were reviewed and the winning
    design approved by the Section in Washington, DC.

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-   The Treasury Relief Art Project (TRAP), 1935-38, allowed for the
    placement of works of art in already existing federal buildings. It
    had as a goal \"the decoration of Federal Buildings by unemployed
    artists and sculptors." Although strictly a work relief project,
    TRAP had a 25% non-relief exemption that allowed for the appointment
    of "master-artists" on the basis of quality and talent to direct
    projects. Artists were selected based upon sketches submitted for
    other competitions, good work previously done for the Art Program,
    or recommendations of local advisors.

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-   The Works Progress Administration Federal Art Project (WPA/FAP),
    1935-43 was the largest, and best-known project. It surpassed the
    others in the variety of activities, the number of artists employed,
    and the number of works produced. The total budget of the WPA/FAP
    has been estimated to be about \$35 million.

The Federal Property and Administrative Services Act of 1949 transferred
all functions of the Federal Works Agency, including New Deal artwork,
to the General Services Administration.

*WPA Artwork in Non-Federal Repositories*

In 1939, the federal government began the process of loaning or
allocating, indicating a restricted transfer of title, to museums and
other public agencies portable works of art produced under the various
New Deal art projects. A "National Survey of Federally Associated
Collections Housed in Non-Federal Institutions" conducted by the
Department of the Interior (DOI) Museum Property Program in 1994
identified over 10,000 GSA works of art in non-federal repositories. To
date, GSA has inventoried over 14,000 of these works of art.

*Art in Architecture Program*

The Art in Architecture Program (AiA) was established in 1963, based
upon the recommendations of President Kennedy\'s Ad Hoc Committee on
Federal Office Space. The Committee\'s report, entitled \"Guiding
Principles for Federal Architecture,\" recommended that \"where
appropriate, fine art should be incorporated into the designs of federal
buildings with emphasis on the work of living American artists.\" To
this end, GSA allocates from .5 to 2 percent of the estimated cost of
constructing or purchasing new federal buildings or of completing major
repair and alteration of existing buildings. Over 270 works of art have
been installed through the program.

*Statistics*

+----------------------------------------------------+-----------------+
|                                                    | TOTAL           |
+----------------------------------------------------+-----------------+
| **FINE ARTS**                                      |                 |
+----------------------------------------------------+-----------------+
| Installed in GSA Buildings                         | 2,299           |
+----------------------------------------------------+-----------------+
| WPA - in Non-Federal Repositories                  | 14,824          |
+----------------------------------------------------+-----------------+
| TOTAL                                              | 17,123          |
+----------------------------------------------------+-----------------+
| **ART-IN-ARCHITECTURE**                            |                 |
+----------------------------------------------------+-----------------+
| Installations                                      | 276             |
+----------------------------------------------------+-----------------+
| -   In Progress                                    | 79              |
+----------------------------------------------------+-----------------+
| TOTAL                                              | 355             |
+----------------------------------------------------+-----------------+
| TOTAL                                              | 17,478          |
+----------------------------------------------------+-----------------+

***1.4 Organization***

The Fine Arts Program is managed through the Center for Design
Excellence & the Arts, Office of the Chief Architect (PCE) in GSA's
central office. GSA's Public Buildings Service (PBS) is responsible for
providing safe environments, quality facilities, and sound management of
the federal government's real property assets. PBS directs the federal
government\'s multibillion-dollar civilian building program, which
includes construction, renovation, alteration, and repair of Federal
office buildings, courthouses, and other facilities. Most of PBS\'s work
is in partnership with architect/engineer (A/E) teams from the private
sector. In addition, GSA has a portfolio of fine arts assets, the Fine
Arts Collection that includes civic works of art commissioned from the
mid 19^th^ century to the present-day Art in Architecture Program. The
Center for Design Excellence & the Arts is composed of three separate
but interrelated programs: Design Excellence, Art in Architecture, and
Fine Arts.

***1.5 National Peer Registry***

Public buildings are part of a nation\'s legacy. They are symbolic of
what government is about, not just places where public business is
conducted. Structures as diverse in time and location as Rome\'s Forum
and our own Capitol are monuments to the vision, leadership, and
commitment of the nations that build them.

The Center for Design Excellence & the Arts is committed to fostering
excellence in the design, commission, maintenance and preservation of
this art and architecture that reflects the history, culture, and ideals
of our country. The inclusion of the American public in this process is
essential and accomplished through the use of private sector peers.
Appointed by the Commissioner of the PBS these peers offer expertise and
counsel in the areas of the arts, fine arts conservation, architecture,
and landscapes. They are educators, advocates, provocateurs, consensus
builders, and communicators, and constitute GSA's National Register of
Peer Professionals.

######### Arts Peers

**Appointed 1996**

Mr. Richard Andrews

Director, Henry Art Museum, University of WA

Seattle, WA

Mr. John Beardsley

Washington, DC

Mr. Earl A. Powell, III

Director, National Gallery of Art

Washington, DC

**1997, Appointed by Robert Peck Commissioner**

Mr. Vincent Ahern

Coordinator of Public Art

U.of South Florida, Contemporary Art Museum

Tampa, FL

Ms. Jessica Cusick

The Cultural Arts Council of Houston/Harris County

Houston, TX

Ms. Christine D'Arcy

Director, Oregon Arts Commission

Salem, OR

Mr. Tom Finkelpearl

Executive Director of Programs

Skowhegan School of Painting and Sculpture

New York, NY

Ms. Barbara Goldstein

Public Art Program Manager

Seattle Arts Commission

Seattle, WA

Mr. Hugh M. Davies

Director, Museum of Contemporary Art,

San Diego

LaJolla, CA

Mr. Tom Moran

New Jersey Council on the Arts

Trenton, NJ

Ms. T. Ellen Sollod

Seattle, WA

Ms. Vivian Donnell Rodriquez

Executive Director, Metro-Date Art in Public Places

Miami, FL

Ms. Deborah Whitehurst

Freeman/Whitehurst Group

Phoenix, AZ

#### Appointed 2002

Mark Bessire

Director, Institute of Contemporary Art at Maine College of Art

Portland, ME

Rachael Blackburn

Director, Kemper Museum of Contemporary Art

Kansas City, MO

Kate Bonansinga

Director, University Galleries

Dept. of Art, The University of Texas at El Paso

El Paso, TX

Connie Butler

Curator, The Museum of Contemporary Art

Los Angeles, CA

George Ciscle

Curator-in-Residence, Maryland Institute, College of Art

Baltimore, MD

Bonnie Clearwater

Director, Museum of Contemporary Art

North Miami, FL

Charlotte Cohen

Director, Percent for Art Program

New York City Department of Cultural Affairs

New York, NY

Lynne Cooke

Dia Center for the Arts

New York, NY

Amada Cruz

Curator, Center for Curatorial Studies, Bard College

Annandale-on-Hudson NY

Kimberly Davenport

Director, Rice University Art Gallery

Houston, TX

Suzanne Delahaney

Director, Miami Art Museum

Miami, FL

Molly Donovan

Asst. Curator of Modern and Contemporary Art, National Gallery of Art

Washington, DC

Peter Doroshenko

Director, Institute of Visual Arts / INOVA

University of Wisconsin at Milwaukee

Milwaukee, WI

Chris Gilbert

Associate Curator, Des Moines Art Center

Des Moines, IA

Thelma Golden

Deputy Director for Exhibitions and Programs

Studio Museum in Harlem

New York, NY

Kathleen Goncharov

Public Art Curator, MIT List Visual Arts Center

Cambridge, MA 02139

Jennifer Gross

Curator of Modern and Contemporary Art

Yale University Art Gallery

New Haven CT

Valerie Jaudon

Artist

New York, NY

Kathryn Kanjo

Director, ArtPace

San Antonio, TX

Mikyoung Kim Design

Brookline, MA

Judith Kirschner

Dean, College of Art and Architecture, U. of IL

Chicago, IL

Miwon Kwon

Assistant Professor, Department of Art History

University of California, Los Angeles

Los Angeles, CA

Adam Lerner

Master Teacher of Modern & Contemporary Art, Denver Art Museum

Denver, CO

Elsa Longhauser

Director, Santa Monica Museum of Art

Santa Monica, CA

Marti Mayo

Director, Contemporary Arts Museum

Houston, TX

Dominic Molon

Associate Curator, Museum of Contemporary Art

Chicago, IL

John Ravenal

Curator of Modern & Contemporary Art, Virginia Museum of Fine Arts

Richmond, VA

Lawrence Rinder

Curator of Contemporary Art, Whitney Museum of American Art

New York, NY

James Rondeau

Associate Curator of Contemporary Art, The Art Institute of Chicago

Chicago, IL

David S.Rubin

Curator of Visual Arts, Contemporary Arts Center

New Orleans, LA

Michael Rush

Director & Chief Curator, Palm Beach Institute of Contemporary Art

Lake Worth, FL

Debra Singer

Associate Curator of Contemporary Art, Whitney Museum of American Art

New York, NY

Hamza Walker

Director of Education, The Renaissance Society at the University of
Chicago

Chicago, IL

Jeffrey Weiss

Director of Modern and Contemporary Art, National Gallery of Art

Washington, DC

Lynn Zelevansky

Curator, Modern and Contemporary Art

Los Angeles County Museum of Art

Los Angeles, CA

# Conservator Peers

#### Appointed 2002

Painting

Arthur Page

Page Conservation, Inc.

Washington, DC

Catherine S. Myers

Myers Conservation

Washington, DC

Sculpture

Robert Lodge

McKay Lodge Fine Arts Conservation Laboratory, Inc.

Oberlin, OH

Tom Podner

McKay Lodge Fine Arts Conservation Laboratory, Inc.

Oberlin, OH

Cameron Wilson

Wilson Conservation

Brooklyn, NY 11201

718-852-8894

Thom Gentle

North Adams, MA

\[Stained\] Glass

Julie L. Sloan

North Adams, MA

Architectural Arts

Catherine S. Myers

Myers Conservation

Washington, DC

Paper, Photography, Electronic Media

Paul Messier

Art Conservation Associates

Boston, MA

Textiles

Betsy Gould

Art Conservation Associates

Boston, MA

***1.6 Responsibilities***

*Center for Design Excellence & the Arts, Office of the Chief Architect
(PCE)*

The Fine Arts Program, located in the Center for Design Excellence & the
Arts, Office of the Chief Architect (PCE) in the central office of GSA
in Washington, D.C., is responsible for all fine arts management
nationwide, including:

-   the inventory, assessment, and conservation of all artwork
    associated with the Fine Arts Collection;

-   the allocation and appropriation of central office funds for
    conservation services;

-   the administration of works of art on loan;

-   the maintenance of the national central archives for the collection;

-   and the development of training, educational, exhibit and outreach
    programs for GSA, other federal agencies and the general public.

In addition, the Center for Design Excellence & the Arts includes the
Art in Architecture Program. The Program is assisted in these functions
by the Regional Fine Arts Officer (RFAO), Regional Design Excellence
Peers, and the Regional Directors, Office of Property Development
located in each of GSA\'s eleven regions.

*Regional Fine Arts Officers*

Although not part of the Center for Design Excellence & the Arts, the
Regional Fine Arts Officers (also referred to as Art in Architecture
Coordinators in some Regional Offices) coordinate art activities with
the Program. If a Regional Office does not have the interest, staff or
workload to support having a RFAO, the Program will assign a staff
member to carry out the AiA project, the art conservation project or
other fine arts activity. The RFAO coordinates all inventory and
conservation activities with the central office. In addition, they are
responsible for:

-   the annual inspection of artwork;

-   liaison for conservation projects at the local level;

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-   the coordination and completion of cyclic maintenance for installed
    works of art;

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-   and all regional activities for Art in Architecture projects.

***CHAPTER 2. ACQUISITION***

This chapter describes the acquisition of artwork into the Fine Arts
Collection. Acquisition formally documents the acceptance of artwork
into the Fine Arts Collection. Artwork is mainly acquired through Art in
Architecture (AiA) commissions. Although GSA does not actively seek
donations of artwork to the Fine Arts Collection, the Commissioner, PBS
may accept donations if they fit the scope of the collection. GSA does
not purchase artwork for the Fine Arts Collection nor accept transfers
of artwork from other federal agencies. Artwork that does not fit the
scope of the collection may be accepted by the agency as personal
property. See Appendix F for definitions of real and personal property.

*Authorities and References*

-   The Art in Architecture Program Guidelines, signed by the
    Commissioner, Public Buildings Service (PBS) on March 16, 1998
    details the commissioning of artwork for GSA.

-   Section 106 of the National Historic Preservation Act (16
    U.S.C. 470) mandates that federal agencies identify historic
    properties that may be affected by their projects, take historic
    properties into account when planning an undertaking, and that they
    allow the State Historic Preservation Office, Certified Local
    Governments, and the Advisory Council on Historic Preservation a
    reasonable opportunity to comment on federal projects that have the
    potential to affect historic properties. This process may be lengthy
    and should be initiated as early as possible.

-   The Americans With Disabilities Act of 1990 (42 U.S.C. 12181) and
    Accessibility Guidelines (28 CFR Part 36) prohibits discrimination
    on the basis of disability and requires places of public
    accommodations and commercial facilities to be designed,
    constructed, and altered in compliance with the Americans with
    Disabilities Act - Accessibility Guidelines.

-   Public Buildings Act of 1959, as amended (40 U.S.C. 298a) authorizes
    the Administrator of General Services to accept unconditional gifts
    of real, personal or other property in aid of any project or
    function of GSA. Pursuant to the GSA Delegations of Authority
    Manual, ADM P 5450.39C (CHGE 35), Chapter 17, paragraph 2(q) the
    Administrator has delegated to the Commissioner of the Public
    Buildings Service the authority to accept such gifts on behalf of
    GSA.

***2.1 Art in Architecture***

The Art in Architecture Program (AiA) is GSA's only means of
commissioning public art for Federal buildings, and does not accept
donations of artwork. All works are commissioned through community
selection panels so that they represent the interest, culture, and
ideals of the local community. It is the principal objective of the GSA
to insure that each community is fully engaged in the selection of each
AiA commission.

Under Section 106, the installation of artwork that will have an effect
to a historic property requires consultation with the appropriate State
Historic Preservation Officer, as well as the Advisory Council on
Historic Preservation.

See Appendix C for Art in Architecture Program Guidelines.

***2.2 Architectural Barriers Act of 1968 and Americans with
Disabilities Act (ADA) of 1990***

***Considerations***

Both of the above laws require accessibility to the disabled and
protection from safety hazards. The following guidelines are offered for
consideration:

-   All sculpture in lobby spaces or public areas should have a cane
    detection area for the blind or visually impaired. Cane detection
    areas can be achieved with many creative solutions, such as
    permanent railing, or sculpture mounted on a base with no protruding
    objects. Railings installed in front of sculpture, murals or
    painting should be at a height to be detected in a normal cane
    sweep.

-   All permanently installed plaques used to describe the sculpture
    should also include Braille.

-   Additionally, all works of art meant to be viewed from several or
    all sides shall have adequate space around it to allow a wheelchair
    to maneuver.

***2.3 Donation Of Artwork***

Although rare, the Fine Arts Collection may accept donations of works of
art, but only after the Center for Design Excellence & the Arts, Office
of the Chief Architect (PCE) has assessed the value of the donation
within the context of the collection. Commemorative works of art, such
as portraits or busts, do not support the mission or the scope of the
collection and are not acceptable. Guidelines for donations are as
follows:

**DONATION OF ARTWORK**

**CONDITIONS** All donations and gifts to GSA are unconditional.

**AUTHORITY** In accordance with 40 U.S.C. 298a the Administrator of the
General Services Administration is authorized to accept unconditional
gifts of real, personal or other property in aid of any project or
function of GSA. Pursuant to the GSA Delegations of Authority Manual,
ADM P 5450.39C (CHGE 35), Chapter 17, paragraph 2(q) the Administrator
has delegated to the Commissioner of the Public Buildings Service the
authority to accept such gifts on behalf of GSA. Regional Administrators
are not authorized to accept gifts on behalf of GSA.

**REVIEW** All documents pertaining to the donation of artwork,
including visual representation must be routed through the Center for
Design Excellence & the Arts, Office of the Chief Architect (PCE) for
assessment as to its suitability and significance. Documentation will
then be sent to the Commissioner for review and acceptance.

**MAINTENANCE** Since GSA will be responsible for the proper care and
maintenance of donated works of art, whenever possible, the artist
should be required to provide written instructions on appropriate
maintenance and preservation techniques.

***2.4 Artwork Associated with Building Acquisition***

When GSA acquires buildings with existing artwork, the Regional Fine
Arts Officer should inform the Center for Design Excellence & the Arts
of the artwork, and provide sufficient background information on the
artwork, so that it may be evaluated and assessed within the context of
the collection. If the artwork fits the scope of the collection it will
be accepted as part of the Fine Arts Collection and included in the
inventory. If it does not fit the scope of the collection it will be
considered real property (if part of the fabric of the building) or
personal property (if portable).

***2.5 Integrity of Space***

The protection of the integrity of public spaces is an important
consideration for GSA. This is especially true for works of art that are
commissioned to integrate with the architecture.

Once artwork is installed in a specific location, GSA should make every
effort to protect the integrity of the surrounding space. The work of
art may include not just the physical object itself, but also the
surrounding spaces on the walls, flooring, or plaza. Therefore, the
space surrounding a work of art becomes an integral part of the artwork.
Colors and/or materials of surrounding walls or flooring should be
coordinated with the artist and GSA. In addition, the space surrounding
any artwork should be kept free of any other artwork, signage, objects,
or seating that intrudes upon the artwork.

If barriers are required by the Americans With Disabilities Act (ADA) to
be placed in front of a work of art, they should be designed in
consultation with the artist, the Regional Fine Arts Officer, and/or
PCE, and subject to the artist's approval.

For works of art that are not owned by GSA, but are placed within GSA
space, their installation should also be coordinated with, and subject
to, the approval of GSA. For example, the installation of portraits,
busts, or exhibit materials in public space should be accomplished in
consultation with, and subject to, the approval of the Regional Fine
Arts Officer, and/or PCE.

***2.6 First Impressions Program***

The *First Impressions* initiative is collaboration between the GSA and
the federal government, regional and building managers, and the design
community. Building on the success of the Design Excellence program for
federal buildings, this program's mission is to enhance the public's
perception of the GSA and the federal government by improving the
appearance and efficiency of GSA buildings.

Artwork acquired through the First Impressions Program is not part of
the Fine Arts Collection. Artwork purchased or commissioned through
First Impressions would be subject to Visual Artists Rights Act (VARA)
of 1990 (VARA). If the artwork is selected for a specific site or
location, any future relocation, changes or modifications, or removal
would have to be approved by the artist. The artist may have rights if
the artwork is not maintained and allowed to deteriorate to a condition
that could threaten the integrity of the artwork. If the work is not
purchased from the artist for a specific location, it can be relocated
without consultation with or approval of the artist.

There are several way in which the Fine Arts and First Impressions
programs coordinate:

***Conservation***

-   Artwork is often the most noticeable feature of the entry plaza or
    lobby, and artwork in poor or deteriorated condition can have a
    negative impact on the building. Therefore, artwork should be
    assessed for conservation as part of the First Impressions project.
    PCE provides conservation services through the National Conservation
    Contract.

-   Artwork should be protected or removed during any renovation. This
    should be coordinated through PCE and the RFAO. PCE also provides
    professional art transportation and storage services. PCE must be
    notified when any artwork requires temporary removal.

***Reinstallation***

-   There are a *limited* number of *large* works, such as murals or
    sculpture, in the Fine Arts Storage Facility that require
    conservation. Reinstalling works of art may enhance the architecture
    of the building. Please contact PCE for available artwork.

> *It is the policy of GSA to conserve and return works of art to their
> original geographic location or place of origin whenever possible.*

***Relocation***

Only in certain circumstances is the relocation of artwork allowed. For
example the functionality of building or circulation patterns have
changed, or space has been redesigned in order to meet ADA compliance or
other requirements that could adversely impact the artwork. The
following procedures must be followed:

1.  All requests for relocation must be made in writing to the Director,
    Center for Design Excellence & the Arts. Requests should include the
    reason for relocating the work of art and a proposed schedule.

2.  Every effort must be made to contact the artist and inform them of
    the situation. If possible, GSA will try to work with the artist to
    determine a suitable new location, or get their approval of a new
    location recommended by GSA. Approval should be in the form of a
    written letter.

3.  A professional conservator must be consulted to insure the safety
    and protection of the artwork during relocation. See Chapter 6 of
    the Desk Guide.

4.  For works of art that are covered by the Visual Artists Rights Act
    of 1990 (VARA) the artist must be contacted and written approval
    acquired. See Chapter 10 of the Desk Guide.

See Chapter 10.2 for further guidelines on relocation of artwork. See
Appendix A for a list of First Impression Regional Champions.

***CHAPTER 3. INVENTORY***

This chapter discusses the inventory and documentation of the Fine Arts
Collection. Under the Federal Managers Financial Integrity Act of 1982,
the Center for Design Excellence & the Arts, Office of the Chief
Architect (PCE) is responsible for the inventory, management and
conservation of the Fine Arts Collection to insure its protection,
accessibility and appreciation.

*Authorities and References*

-   The Federal Property and Administrative Services Act of 1949 (40
    U.S.C. §471 [et]{.underline} [seq]{.underline}.) provides GSA with
    the authority to procure and supply real and personal property and
    non-personal services, and transferred all functions of the Federal
    Works Agency, including New Deal artwork, to GSA.

-   The Federal Managers Financial Integrity Act (31 U.S.C. §3512), as
    implemented by OMB Circ. No. A -123, establishes procedures for
    internal financial and managerial accountability and control.

-   Public Works of Art Program Bulletin of March 26, 1934, "Legal Title
    to Works Produced under the Public Works of Art Project (PWAP)"
    \[1933-1934\] describes the legal status of PWAP artwork.

-   The Works Projects Administration Operating Procedure No. G-5,
    January 10, 1940, Section 32, "Art Projects - Allocation and Loan of
    Works of Art" describes the loan, allocation, and custody of WPA
    artwork.

***3.1 Fine Arts Automated Inventories***

There are a series of automated inventories used for the identification;
inspection and conservation of art work in federal buildings and
non-federal repositories across the United States. The purpose of these
inventories is to function as a catalog of the Fine Arts Collection. The
inventory is updated on a regular and continuing basis as information is
received, but at a minimum once a year through the annual inspection of
artwork. The central office is responsible for maintaining the master
inventory through these automated databases.

The databases were originally developed as the Fine Arts Conservation
and Inventory Tools (FACIT) in 1989 for use in the Arts and Historic
Preservation Center (predecessor of PCE), Public Buildings Service, in
Washington, D.C. In 1990 it was further developed as an agency-wide
program with \"read\" access in each regional office. Today, portions of
the database are accessible through the GSA WEB site.

The four automated inventories are:

-   Art in Architecture

-   Artist Inventory

and the

-   Fine Arts

-   Conservators Inventory

***Art in Architecture Inventory*** - The Art in Architecture inventory
includes basic identification information as well as inspection,
condition, and conservation information and contains further detailed
information on projects that are complete or in progress, their status
and panel members, and links to the Artist Inventory database.

***Artist Inventory*** - The artist inventory records information on
artists nationwide interested in being considered for public art
commissions through the Art in Architecture Program. Information
includes name; address; media; materials; and scope. The database also
functions as an index to slides of each artist\'s work.

***Fine Arts Inventory*** - The function of the fine arts inventory is
to provide information about artwork in federal buildings across the
country and artwork placed on long term loan or allocated to non-federal
institutions, including: identification; artist; media; location; loan
and conservation information.

***Conservator Inventory*** - The conservator inventory records
information about conservators nationwide, who are experts in fine arts
conservation, and available to conserve artwork managed by the Fine Arts
Program and the Art in Architecture Program. Information includes name;
address; media; materials; and scope.

As automated databases, the inventories allow for the manipulation and
retrieval of information on a variety of levels - by artist, city,
identification number, etc. For the Fine Arts and the Art in
Architecture databases, a visual image of the installed artwork is
available for most of the works of art.

*Sample Art in Architecture Single Record Report*

**GENERAL SERVICES ADMINISTRATION**

**Art in Architecture**

**Project Report**

10/30/97 Page: 1

Item ID #: AA198

Project Status: Installed

Artist: Diana K. Moore

Home Address: 720 Monroe

Building C, Unit 413

Hoboken, NJ 07030

Studio Address:

Gallery Address: c/o Allan Stone Gallery

15 East 71st Street

New York, NY 10021

Home Phone: 201-222-8944

Studio Phone: 201-222-8944

FAX: 201-222-8944

Living: Yes

Title: \"Justice\"

Medium: Sculpture

Materials: Concrete

Materials Memo: cast concrete

Dimensions: 11 ft. high

Number of Works: 1

Maquette: No

Building #: NJ0144ZZ

Building Name: Martin Luther King Jr. Federal Building

Sub-Location: Front plaza (Exterior)

Address: Walnut Street

Newark, NJ 07107

Region: 2

Building Cost: \$0

AiA Allotment: \$239,000

AiA Cost: \$125,000

Description: Moore\'s interpretation of \"Justice\" is a colossal sized
head and neck, blindfolded and placed directly on the plaza pavement.
The androgynous character of the head refers to all peoples while the
blindfold suggests a fair and unbiased court system. We have maquette
for this piece. See FA5439 for information.

Federal Art Prog.: Art in Architecture.

Panelists: 1. Howard N. Horii (Newark, NJ) (Proj. Arch.)

2\. Thomas Moran (Trenton, NJ)

3\. Issac Witkin (Pemberton, NJ)

4\. Samuel C. Miller (Newark, NJ)

5\. Jeffrey Wechsler (New Brunswick, NJ)

6\. Cynthia H. Sanford (Jersey City, NJ)

7\. Maryanne Trump Barry (Newark, NJ)

8\. Calvin West (Newark, NJ)

9\. Sandy Moore (Princeton, NJ)

10\. James P. Murphy (Newark, NJ)

11\. William Walsh (Newark, NJ)

0/30/97 Page 2

Presite Panel: 10/21/1987

Select Artist: 09/27/1989

Artist Approval: 11/06/1989

Contract Artist: 03/12/1990

Review Proposal: 05/07/1990

Accept Proposal: 05/30/1990

Install Date: 06/30/1994

Dedicated: / /

Acquisition Memo: Dedication of the building, originally scheduled for
9/26/91, is now scheduled for 12/12/91. On 05/91 Bouchard

called Harrison to say that they were really to move ahead with an
inscription for the base of \"Justice\".

Lanzone would like to have a \$5000 sole source contract with Mark
Strand, former Poet Laurate, to write an

inscription. On 2/25/92 Lanzone and Harrison inspected the finished
cast-concrete head and discussed

installation with Moore. As of 07/20/92 installation has been further
delayed.

Background Memo: 01/07/93: Installation has been postponed until spring.

Project Manager: Susan H. Harrison

Regional Manager: Bouchard, Richard

Regional Phone: 212-264-4229

Condition Status: Minor Deterioration

Recommendation: / /

Advertise: / /

Contract: / /

Inspect: / /

Complete: / /

Committed: \$0

Obligated: \$0

Conservator:

Firm:

Prior Funding: FY: 0: 0

Cyclical Plan: No

Cyclical Complete: No

Cond.Ass./Treat.

Rec:

Scope of Work:

Conservator Notes:

Cycl. Maint. Plan:

Fabricator:

Address:

Phone:

Artist\'s Maintenance:

*Sample Artist Inventory Single Record Report*

**DIANA MOORE**

720 Monroe

Building C, Unit 413

Hoboken, NJ 07030

Gallery: c/o Allan Stone Gallery

15 East 71st Street

New York, NY 10021

Media: Sculpture

Materials: Bronze, Cast Stone, Concrete, Steel, Other,

MATERIALS: Stainless and carbon steel and terra cotta.

Style: Representational

Bibliography:

AiA Commissions: Artist is in the Art in Architecture Collection

Scope: National

Notes: Artist is working on a commission at the James C. Cleveland U.S.
Courthouse, Concord, NH.

PUBLIC COMMISSIONS: 1993, Art in Architecture project at the Martin
Luther King

Jr. Federal Building and Courthouse in Newark, NJ; semi- finalist in
competition for a large

scale outdoor sculpture to be located at the University of Missouri,
Kansas City, MO (winner

not yet selected).

COMMISSIONS: Columbia Hospital, New York, NY

EXHIBITIONS: Vassar College Art Gallery, Poughkeepsie, NY; Jersey City
Museum of Art, NJ;

Stedman Art Gallery, Rutgers University, Camden, NJ; Alberta College of
Art Gallery, Calgary, Alberta;

Alexandria Museum, LA; College of Holy Cross, Worcester, MA; City
Gallery of Contemporary Art,

Raleigh, NC.

Date Updated: 01/22/1997

*Sample Fine Arts Single Record Report*

**GENERAL SERVICES ADMINISTRATION**

**Fine Arts**

**Page Report**

Date: 11/3/97 Page: 1

ITEM ID #: FA3774

Project Status: On Loan

Artist: Dorr Bothwell

Address:

Phone:

Gallery Address: Tobey C. Moss Gallery

7321 Beverly Boulevard

Los Angeles, CA 90036

Gallery Phone: 213-933-5523

Artist Information: Dorr Bothwell was born on May 3, 1902, in San
Francisco; lived there; Studied: California School of

Fine Art; University of Oregon. Member: San Francisco Society of Women
Artists; etc\....

Born: 1902

Gender: Female

Title: Sailor\'s Daughter

Executed: 1934

Medium: Painting

Materials: Tempera

Materials Memo: Egg tempera on wood.

Number of Works: 1

Portable: Yes

Dimensions: 24\" x 17 1/8\"

Federal Art Prog: Works Progress Admin.

Appraisal: \$4,500.00

Building Number: DC0021ZZ

Building Name: General Services Administration

Address: 18^th^ & F Streets, NW

Washington, DC 20405

Region: 12

Sub-Location: 5^th^ Floor West

Description: Egg tempera paint on wood. Decorative embossing outlines
leaf forms and background. Silver edging

outlines forms against gold background. Samoan woman in foreground holds
leaf bearing fishes, etc\....

On Loan: Yes

Agency: Phillip Burton Federal Bldg.

San Francisco, CA 94102

Loan Dates: 1/15/97-12/30/99

Borrower's Name: Kenn Kojima

Borrower's Title: Regional Administrator

Borrower's Phone: 415-744-5001

Verification Date: 12/30/99

Loan Information: Returned to GSA from De Saisset Museum, Santa Clara
University, Santa Clara, California, 12-23-92.

Fine Arts Officer: Weber, Alicia D. (202-501-1554)

Condition Status: No Defect

Conservator: Arthur Page

Firm: Page Conservation, Inc.

Total Project: \$1,077.0

Recommendation: CONSERVATION PERFORMED BY PAGE CONSERVATION, INC. ON
5/16/1995

CONSERVATION TREATMENT REPORT: The painting was found to be in the
condition etc\....

Cyclical Plan: No

Planned Cost: \$ 0

Actual Cost: \$ 0

Cyclical Complete: No

Begin Treatment

End Treatment:

*Sample Conservator Inventory Single Record Report*

10/31/97 Page 1

**GENERAL SERVICES ADMINISTRATION**

**Conservator Inventory**

Page Report

Arthur Page

Conservator

Page Conservation, Inc.

1300 7th Street, NW

Washington, DC 20001

Studio Phone: 202-387-2979

Home Phone: 202-333-6269

FAX Phone: 202-986-5094

Gender: M

Active: Yes

GSA Contract: Yes

Bachelor of Arts: University of North Carolina

Master of Arts: Cooperstown Graduate Program

Professional Membership: Inter. Inst. for Conservation

AIC Member: Yes

Apprenticeship: Charles Olin, 1977-1979

References: State Department; 202-647-2700

Mrs. Caroline Keck; 607-547-8347

General Services Adm; 202-708-4590

Geographic Areas: 1 2 3 4 5 6 7 8 9 10 11 N

Function: Conservator

Media: Painting

Material: Acrylic, Mixed Materials, Enamel, Encaustic, , Gouache

Projects/Awards/Grants: 1992 - State of Pennsylvania, Harrisburg, full
conservation of 43 murals in 3 separate

cycles, by artist Violet Oakley; United States Department of Treasury,
Washington, DC,

protection, consolidation, and inpainting of two murals and decorative
ceiling, by unknown

artist. United States Department of the Interior, various artists, 38
portraits of Secretaries of

the Interior, full conservation services. 1991 - Muscarelle Museum of
Art, Williamsburg,

VA, various artists, 35 easel paintings, survey, prioritization, and
full conservation treatment

of paintings in College collection. 1990 - Library of Congress,
Washington, DC, various

murals by various artists, administrative and on-site supervision of
conservation during

initial phase of project; for GSA, Department of Agriculture, artist
Gilbert White, full

conservation services; Rockville, MD, Metro Center, etc.

Training/Experience Memberships: Professional Associate, American
Institute for Conservation, Washington Conservation

Guild (President, 1991-1993; Board of Directors, 1986-19886), and
International Institute

for Conservation. 1983-Present, private conservation practice in easel
and mural paintings;

1981-1982, internship in paintings conservation, specialization in
treatment of panel

paintings, The Walters Art Gallery, Baltimore, Maryland; 1979-1981,
student training in

paintings, objects, and paper conservation with a major in paintings
conservation,

Cooperstown Graduate Program, Cooperstown, NY.

Date Submitted: 04/30/1996

The Fine Arts and Art in Architecture databases are "backed up" on a
weekly basis. "Back-up" copies are maintained off-site under the control
of the PBS Chief Information Officer.

***3.2 Internet WEB Site***

In order to make information on the Fine Arts Collection available to
the largest possible audience, images and identification data for works
of art from the Fine Arts Collection installed in GSA buildings,
statistics, and publications are available through GSA's Home Page on
the Internet. Information is updated on a regular basis. The Internet
address is:

> [http://www.gsa.gov](http://www.gsa.gov/) Click on [Public
> Buildings]{.underline} → Click on [Art in GSA Buildings]{.underline}

***3.3 WPA Artwork in Non-Federal Repositories***

In 1939, the federal government began the process of loaning or
allocating, indicating a restricted transfer of title, to museums and
other public agencies works of art produced under the various art
projects of the WPA. The Federal Property and Administrative Services
Act of 1949 transferred all functions of the Federal Works Agency,
including New Deal artwork, to the General Services Administration. The
inventory of these works of art is necessary due to GSA's legal title to
the artwork. The BULLETIN of March 26, 1934, for the Public Works of Art
Project, "Legal Title to Works Produced under the Public Works of Art
Project," clearly states:

> "All works of art produced by the project which are moveable and not
> executed to occupy some particular location are the property of the
> Federal Government\...."

The Works Projects Administration Operating Procedure No. G-5, January
10, 1940, Section 32, "Art Projects - Allocation and Loan of Works of
Art," states that:

> "For the purposes of this section the word 'allocated' shall mean the
> transfer of title."

However, Request for Allocation, DPS Form 8, clearly states:

> "It is understood that custody of the work listed will not be
> transferred and that the work will be exhibited for public use as
> indicated. Institutions desiring to be released of any work shall
> communicate with the Director of the Work Projects Administration -
> Art Program, Federal Works Agency, Washington, D.C."

In addition, page 4, paragraph 1 of the Procedure states:

> "If an agency or institution which has received a work of art on
> allocation or loan desires to be released from the responsibility of
> custody of the work, the official representative of the agency or
> institution shall communicate with the Director of the WPA Art
> Program, Washington, DC."

Therefore, due to the ownership and reversionary interest of GSA, the
location and inventory of these works is required as part of our "due
diligence" and stewardship. A "National Survey of Federally Associated
Collections Housed in Non-Federal Institutions" conducted by the
Department of the Interior (DOI) Museum Property Program in 1994
identified over 10,000 GSA works of art in non-federal repositories. To
date over 14,000 of these works of art have been inventoried by GSA.

The works are inventoried as part of the fine arts database. See
Appendix D for "Legal Title To Art Work Produced Under The Works
Progress Administration."

***3.4 Central Archives***

The central office maintains an archives containing files of: all Art in
Architecture (AiA) projects; works of art in the Fine Arts Collection;
artists in the Fine Arts Collection; and artists registered for AiA
projects through the Artist Inventory; and accompanying slide files.
Files contain a variety of data including: correspondence; inspection
and conservation data; acquisition and contract data; newspaper and
magazine clippings; and pamphlets, brochures, and other related
material. The central archives are available for use by appointment for
GSA and federal personnel, scholars, researchers and the general public.
Appointments may be made through the Art in Architecture Program or the
Director, Fine Arts Program. See Appendix A for names and telephone
numbers.

***3.5 Identification of Artwork***

All artwork in the collection must be identified. A large interpretive
plaque must accompany artwork installed in federal buildings. A small
interpretive plaque must also accompany works of art on loan. See
Chapter 7 for further information.

Portable works of art in federal buildings must have an identification
label affixed to the back of the painting or print. Labels may be
printed from the first screen of the fine arts database on archival bond
paper and attached using archival adhesive. Labels should never be glued
to the original fabric of the artwork.

*Sample Identification Label*

FINE ARTS COLLECTION

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDINGS SERVICE

WASHINGTON. D.C. 20405

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ARTIST NAME

Stewart Klonis

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TITLE OF ARTWORK

White House

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ITEM \# \|EXECUTION DATE \|FEDERAL ART PROGRAM

FAlOO \|1936 \|Works Progress Admin.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\|\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\|\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

MEDIUM \|MATERIALS \|DIMENSIONS

Painting \|Watercotor \|16\" x 2011

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\|\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\|\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DESCRIPTION

Alternate title: House in Woods by Unknown Artist. When the work was
conserved, the conservator removed the

backing from the frame and the artist\'s name and title of the work were
written in ink on the back of \...

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

COLLECTION CONTACT \|Tel. \#

Lanzone. Dale \|202-501-1811

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

KEEP WITH ARTWORK

CAUTION: DO NOT AFFIX TO REVERSE OF ORIGINAL FABRIC OR PAPER

GENERAL SERVICES ADMINISTRATION Form 3591(Rev. 9-87)

***3.6 Appraisal of Artwork***

Maintaining a current appraisal cost on every work of art is not cost
effective due to frequent changes in the art market and the fact that
many of GSA's works of art are monumental in scale or attached to a
building, making accurate appraisals difficult. However, a current
monetary appraisal for artwork is necessary for management purposes
under the following circumstances:

-   insurance purposes - when artwork is outside of GSA property
    control, for example, at a conservator's studio;

-   justification of conservation services - to insure that conservation
    costs do not greatly exceed the value of the work of art;

-   liability for loan of artwork - to inform the borrower of the
    approximate current market value. The Appraised Value must appear on
    the loan form.

Appraisals may be obtained from the ArtNet on line appraisal system
available through the Director, Fine Arts Program. ArtNet lists current
sale data, which may be used to estimate an appraisal value. For artwork
with an estimated value greater than \$50,000, a professional appraisal
must be obtained from a qualified member of the Appraisers Association
of America. The dollar amount of the appraisal must be entered into the
Fine Arts and Art in Architecture database in the appraisal field. The
source and the date of the appraisal must be entered in the artwork
description memo field.

***3.7 Missing Artwork***

Beginning in 2001, the Fine Arts Program initiated a formal Report of
Missing Artwork to the Office of the Inspector General (JIW) to report
missing artwork from the GSA's Fine Arts Collection to be submitted to
the Federal Bureau of Investigation (FBI) National Stolen Art File. The
report documents works of art that have been verified as missing from
the collection and current information on these works. This report is an
important measure in allowing GSA to retrieve any of these works if
discovered in private possession. An increasing number of works of art
from the New Deal era of the 1930s - 1940s that are federal property are
becoming available on the commercial market. The report will be revised
and updated with JIW and the FBI as the status of works of art are
verified or discovered. Any additional works of art that are discovered
missing or stolen will be reported.

It is important to notify the Fine Arts Program whenever artwork is
discovered missing.

# Steps to Follow

1.  If a work of art is discovered to be missing, the Fine Arts Program
    should be notified in order to verify the last known location of the
    artwork, to check potential loan information, or to confirm possible
    art transport services. Notification should be in the form of the
    Fine Arts Missing Report.

2.  If it is determined that the artwork is missing or stolen, the
    Federal Protection Service (FPS) at the last known location of the
    artwork should be notified immediately and a report filed. A copy of
    the report should be sent to the Fine Arts Program.

3.  The Fine Arts Program will notify the Office of the Inspector
    General (JIW) in order to update GSA's Report of Missing Artwork to
    the Federal Bureau of Investigation (FBI) National Stolen Art File.

Information on the FBI Art Theft Program is available through the
Internet at
[www.fbi.gov/hq/cid/arttheft](http://www.fbi.gov/hq/cid/arttheft)/arttheft.htm.

## If approached by the media for information on missing or stolen artwork --

**please refer them to the GSA Office of Media Relations,
202-501-1231.**

*Sample Fine Arts Missing Report*

####### 

####### Fine Arts Missing Report

####### FA Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Artist:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**When was the object discovered as missing?**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Where was it last seen?**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**When was the last inspection performed?**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Was the piece on loan? \_\_\_\_\_\_\_**

##### If yes, Who was the borrower? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Address and phone number:**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Has the piece been reported as missing to the Federal Protective
Service (FPS)? \_\_\_\_\_\_\_\_\_\_**

######## If so, when and what is the report number? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Did FPS report it to the Federal Bureau of Investigation's National
Stolen Art File? \_\_\_\_\_\_**

**Additional comments:**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Filled out by:**

**Name &
Title\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

***CHAPTER 4. PROTECTION OF ARTWORK***

Adequate protection of works of art will decrease or eliminate the
eventual need for conservation of artwork. This chapter identifies
hazards to works of art, discusses agents of deterioration, and outlines
basic steps that should be taken to protect artwork, including:

-   installation standards;

-   facilities maintenance;

-   protection of artwork during construction or renovation;

-   and art handling and transportation.

***4.1 Installation Standards***

The Fine Arts Collection is installed in a working office environment
and therefore not subject to the protection of temperature and humidity
controls, security, and light filtering found in museum environments.

*Identifying Hazards*

All museum, or cultural, collections (including collections in federal
agencies) face a variety of hazards that can cause damage, emergencies,
and disasters. When planning for the protection of museum-quality
collections, it is important to identify all potential hazards that can
cause damage. The varying kinds and degrees of damage can be generally
characterized as follows:

> ***Heat Damage***

-   This type of damage will result from fires, usually structural. Heat
    causes rapid oxidation of most materials and, potentially, their
    total consumption. Smoke from fires can coat museum objects with
    soot. Often greasy soot (found in kitchen or cafeteria environments)
    is very disfiguring and difficult to remove.

> ***Water Damage***

-   This type of damage can occur as a consequence of many disasters. It
    is a direct consequence of burst water pipes, floods, and
    hurricanes. It is frequently an indirect consequence of tornadoes
    (which are often accompanied by rain) and of fire fighting
    activities. Wooden and other organic objects affected by water may
    warp, split, check and rot; the corrosion of metals will be
    accelerated; stone and masonry may erode. In addition, water
    enhances bacterial action, supports mold growth, dissolves pigments
    and finishes, and may deposit chemicals and fuels onto objects,
    causing other forms of secondary damage.

> ***Physical Damage***

-   Most often this damage is the result of structural damage to the
    building housing the artwork, but can occur even when the building
    itself sustains little or no damage. Structural damage results in
    broken objects. If the building has sustained severe damage, objects
    also may be buried in the rubble of the building. Structural failure
    can cause broken water, sewer, and fuel lines that can lead to water
    and chemical damage or to fires. Often the severest impacts of an
    earthquake on collections are not due to building failure itself,
    but rather to fires and flooding which occur as a result of that
    failure.^1^

\_\_\_\_\_

^1^ National Park Service, Museum Handbook, Part I, Chapter 10, pages
3 - 4.

> ***Chemical and Radiological Damage***

-   These types of damage can result from smoke, chemical spills, burst
    fuel lines and storage containers, waterborne and airborne
    substances, nuclear accidents or warfare, and a host of related
    events generally known as industrial accidents. As noted above, this
    form of damage often occurs secondarily as the result of some larger
    scale, most often natural event. Objects attacked by chemicals can
    be expected to corrode or dissolve or become weakened or stained.
    Hard or ionizing radiation may not directly affect objects, though
    under certain circumstances, such radiation could cause an object to
    become radioactive and thus prevent its subsequent use by humans.^1^

*Environmental Protection*

The principal causes of environmentally-induced damage are light,
temperature, relative humidity, air pollutants and pests. To protect the
Fine Arts Collection from these, and other forms of damage, the
following standards should be applied whenever possible. See Appendix A
for Suppliers and Contacts.

1.  ***Light*** - Light is a form of energy. When an art object is
    exposed to light, it absorbs energy that can induce chemical change.

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a)  Reduce daylight. Because natural light causes significantly more
    damage than an equivalent amount of incandescent light,
    light-sensitive artworks should be placed in a location that
    minimizes daylight exposure. If this is not possible, light levels
    should be minimized with curtains, blinds, or tinted solar reduction
    window films.

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b)  Create efficient lighting solutions. The eye adapts to a wide
    variety of illumination intensities. Reduction in contrast between
    sources of illumination, wall surfaces, and the art permits lower
    levels of satisfactory illumination. For example, a dark painting
    against a dark wall is easier to look at than if it were exhibited
    on a highly reflective white wall. Techniques for glare reduction,
    such as the use of indirect or angled light, help to use light in an
    efficient manner.

> ***Ultraviolet light (UV)*** is the shortest, most energetic form of
> radiation. The high energy of UV causes significant alteration of
> organic materials; therefore it is important to eliminate UV entirely.
> Natural light is extremely rich in UV.

-   Use UV filters;

-   if the light source is bounced off a painted surface, much of the UV
    component may be eliminated;

-   use light sources with a low component of UV, such as incandescent
    lamps.

> ***Infrared light (IR)*** causes damage because the absorbed energy
> heats up the surface of an object, thereby speeding up chemical
> deterioration processes and causing instability in relative humidity.

-   Avoid direct sunlight.

> ***Visible light*** lies between the UV and IR portions of the
> spectrum. The standard unit for measuring visible light is the
> foot-candle or its metric equivalent, the lux (1 foot-candle = about
> 10 lux).

-   Museum standards for lighting works of art range from **5 to 10
    foot-candles** for extremely light sensitive materials such as
    **paper and textiles,** to **20 to 40 foot-candles** for moderately
    sensitive materials such as **oil paintings and wood**.^2^

\_\_\_\_\_

^1^ National Park Service, Museum Handbook, Part I, Chapter 10, pages
3 - 4.

^2^ "Caring for Your Collections," National Committee to Save Cultural
Collections, Harry N. Abrams, Inc., NY, 1992, pages 20-21.

c)  Rotate light sensitive collections. For example, a museum might
    exhibit very light sensitive materials, such as textiles and works
    of art on paper, for only 2 months per year.

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2.  ***Temperature*** - The speed of chemical reaction will double with
    an increase in temperature of about 20° Fahrenheit. Relatively large
    changes in temperature (10 to 20° Fahrenheit) will affect the
    dimensional stability of objects in two ways:

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a)  Many materials expand and contract as a direct result of a change in
    temperature.

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b)  Temperature affects relative humidity, which significantly affects
    the dimensional stability of organic materials.

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3.  ***Relative-Humidity*** - Humidity refers to water vapor in the air.
    Relative humidity is based upon the percentage of water vapor in the
    air, compared to what the air can hold at 100% (full saturation) at
    a given temperature. A decrease in temperature causes an increase in
    relative humidity. "It is difficult to provide one rule about a safe
    and appropriate level of RH that holds true for a wide variety of
    climatic regions or for collections made up of a variety of
    materials."^1^

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a)  In general, it is important to keep within an **RH range of 30 to
    70%**. In a hot and dry geographic region it makes sense to maintain
    a range that errs on the low side (20 to 40%), while in semitropical
    climates a range of 55 to 75% may be practical.

b)  Minimize short and long term fluctuations and avoid long term
    seasonal exposure to extreme RH values.

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4.  ***Air Pollution*** - Particulate and gaseous pollutants are
    extremely difficult to control within a normal office environment.
    Steps can be taken to reduce the problem of air pollutants:

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a)  Indoor generated dust from fibrous materials such as carpeting and
    clothing is best controlled by regular vacuuming.

b)  Dust from outdoors can be minimized by restricting or filtering
    outdoor air.

c)  Artwork should not be placed in the proximity of kitchen smoke or
    HVAC ductwork.

d)  Tobacco smoke should be kept away from all artwork.

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5.  ***Pest Control*** - Many art objects are constructed of organic
    materials that also serve as excellent food sources for a wide
    variety of pests. A preventive pest management program should:

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a)  monitor for the presence of pests,

b)  and close off points of access typically used by pests to infiltrate
    the building.

c)  If fumigation or extermination is required a conservator should be
    consulted to insure that the extermination method itself cannot
    damage the artwork.^2^

*Documentation*

Documentation also plays an important role in the protection of the Fine
Arts Collection by preserving a written record of the fabrication,
acquisition, and conservation of each work of art as well as information
on associated artists and professional fine arts conservators. A central
archives containing files for all

\_\_\_\_\_

^1^ "Caring for Your Collections," National Committee to Save Cultural
Collections, Harry N. Abrams, Inc., NY, 1992, page 24.

^2^ "Caring for Your Collections," pages 20 - 29.

Art in Architecture (AiA) projects, works of art in the Fine Arts
Collection, artists in the Fine Arts Collection, and artist's registered
for AiA projects through the Artist Inventory and accompanying slide
files is maintained in the central office. Files contain correspondence,
inspection and conservation data, acquisition and contract data,
newspaper and magazine clippings, pamphlets, brochures, and other
related data. Files also have additional photo documentation of AiA
projects and conservation projects. The central archives is available
for use by appointment by GSA and federal personnel, scholars,
researchers and the general public. Appointments may be made through the
Art in Architecture Program or the Director, Fine Arts Program. See
Appendix A for names and telephone numbers.

***4.2 Facilities Maintenance***

The Regional Fine Arts Officer should work with facilities managers to
insure that regular maintenance such as floor polishing, dusting, window
washing, or routine painting will not damage artwork. Professional
conservator services may be available through the national conservation
contract for on site maintenance training when justified. Requests
should be made through the Regional Fine Arts Officer.

***4.3 Protection of Artwork During Construction or Renovation***

All works of art should be protected during construction or renovation.
Paintings, murals, sculpture and textiles should be covered and
protected under the direction of a professional conservator or qualified
art handler. If works of art need to be removed and placed in temporary
storage while construction work is performed, this too should be
accomplished under the direction of a professional conservator or art
handler. The Director, Fine Arts Program must be notified of any changes
in the location of the artwork so that the Fine Arts and Art in
Architecture databases may be updated. *Recommendations for the Care and
Cyclic Maintenance of Artwork in the Fine Arts Collection* contains
detailed information on protection of artwork. The document is available
on the Fine Arts WEB site or through the Fine Arts Program.

***4.4 Art Handling and Transportation***

Art handling and transportation must be accomplished by a reputable art
handling company. Volume 2 of the American Association of Museums,
Official Museum Directory, contains information on art handling
companies nationwide. A local museum may also be a source of information
for local art handling, transportation, and storage companies. The Fine
Arts Program can also provide information on art handlers.

***4.5 Damage***

The funding of repair for damage or vandalism inflicted upon artwork by
tenant agencies, contractors or other personnel is the responsibility of
the agency, contractor, or responsible party. All damage or vandalism
must be reported through a telephone call followed by a written report
with photographs to the GSA customer service representative, who in turn
will notify the Regional Fine Arts Officer (RFAO) and Director, Fine
Arts Program, PCE.

The RFAO and the Director, Fine Arts Program will recommend and approve
professional personnel for repair treatments after funding has been
transferred.

For works of art on loan, the borrower accepts financial responsibility
for the full amount of the appraised value of the artwork. For loans to
officials of agencies of the United States Government, such agencies
shall be responsible for the cost of repair or replacement of the
objects should damage or loss occur during the period of the loan. GSA
reserves the right to increase the appraised value.

***4.6 Insurance***

As stated in the *Principles of Federal Appropriations Law, Second
Edition, Volume I*, U.S. General Accounting Office, July 1991, [Chapter
4, Section 10.a. The Self-Insurance Rule:]{.underline}

> The government is essentially a self-insurer in certain important
> areas, primarily loss or damage to government property and the
> liability of government employees insofar as the government is legally
> responsible or would ultimately bear the loss.
>
> The Comptroller of the Treasury held that the insurance could not be
> considered a necessary expense incident to accomplishing the purpose
> of the appropriation unless it somehow operated either to preserve and
> maintain the property for use or to preserve the appropriation which
> was used to buy it.

[Chapter 4, Section 10.b. Exceptions to the Rule]{.underline} states:

> The Comptroller General has held that the self-insurance rule does not
> apply to privately-owned property temporarily entrusted to the
> government.

However, insurance may be purchased on loaned private property only
where the owner requires insurance as part of the transaction. If the
owner does not require insurance, private insurance is not a necessary
expense and the government should self-insure.

For example, if artwork is borrowed from a non-federal institution (such
as a museum) for display in a government building, a Certificate of
Insurance may be required by the institution.

Artwork that is outside of direct GSA property control, for example, at
a conservator's studio must be insured for the current market value. If
artwork is placed on loan to another institution, GSA may likewise
request a Certificate of Insurance while the artwork is in their
possession.

***CHAPTER 5. INSPECTION/ASSESSMENT***

This chapter discusses the when and how to inspect works of art and how
the condition of the work is assessed in order to insure the
accountability and stewardship of the Fine Arts Collection.

*Authorities and References*

-   The Federal Managers Financial Integrity Act (31 U.S.C. §3512), as
    implemented by OMB Circ. No. A -123, establishes procedures for
    internal financial and managerial accountability and control.

***5.1 Inspection***

All works of art in the Fine Arts Collection must be inspected on a
regular basis. The biennial artwork inspection has the following goals:

-   verify the location of installed or stored works of art

-   discover or relocate "missing" works of art

-   assess the overall current condition of the artwork

-   identify the responsible property manager

-   track and document the physical history of the art

-   identify conservation needs

It should be noted that artwork cataloged as "missing" is included in
the annual art inspection in case of discovery or location. The
responsible property manager must sign off on each form. All information
is entered into the Fine Arts and Art in Architecture databases.

**Inspection information is utilized to develop**

**conservation priorities and funding.**

Professional conservator services may be available through the national
conservation contract for artwork inspection and assessment when
justified. Conservation requests should be made to the Director, Fine
Arts Program.

***5.2 Inspection Forms***

Art inspection forms are printed from the Fine Arts and Art in
Architecture databases in PCE and compiled by region and by building.
The forms are then grouped under a Cyclic Maintenance cover report that
contains a listing of the artwork within the building and cyclic
maintenance plans for that artwork where available. This insures the
annual distribution of cyclic maintenance instructions to building
managers. This activity should be coordinated with the Regional Property
Management Officer (RPMO). The implementation of cyclic maintenance will
eventually reduce conservation costs.

The inspection forms along with a "How To" Guide and Glossary are sent
to each Regional Fine Arts Officer for distribution to the appropriate
building manager for completion. It is important that available cyclic
maintenance instructions are discussed with building managers, and their
implementation coordinated through the Regional Fine Arts Officer. The
completed art inspection forms should be returned to the Regional Fine
Arts Officer for verification, then returned to PCE.

Art inspection forms are media specific and contain an image of the
artwork whenever possible. Inspection forms are printed out with current
data so that information may be updated.

See Appendix A for a list of RPMOs.

*Sample Art Inspection Form*

**FINE ARTS PROGRAM**

GENERAL SERVICES ADMINISTRATION

18TH AND F STREETS, N.W.

WASHINGTON, D.C. 20405

ART INSPECTION FORM

Inspection of the following artwork should be completed by 03/18/98.
Please complete or update the information below, provide a recent
photograph, and return all material to your Regional Fine Arts Officer:

Caine, Bill, 617-565-8832

ID# FA1022-A

ARTIST: J(ohn) Massey Rhind

TITLE: Providence as Independent Thought

MATERIALS: Limestone

DIMENSIONS: 13\' x 7\' x 7\'

BLDG #: RI0009ZZ

BLDG NAME: Federal Building & U.S. Courthouse

ADDRESS: Exchange Place

Providence, RI 02903

SUB-LOCATION: Main Ent. Stairs, L

STATUS: Installed

TYPE OF ARTWORK: Sculpture

CONDITION

Please check as many as applicable indicating appropriate degree
(Severe, Moderate or Low).

SURFACE

Sev. Mod. Low Sev. Mod. Low Sev. Mod. Low

\_\_\_ \_\_\_ \_\_\_ bent \_\_\_ \_\_\_ \_\_\_ dented \_\_\_ \_\_\_
\_\_\_ sagging

\_\_\_ \_\_\_ \_\_\_ blistered \_\_\_ \_\_\_ \_\_\_ discolor. \_\_\_
\_\_\_ \_\_\_ scraped

\_\_\_ \_\_\_ \_\_\_ brittle \_\_\_ \_\_\_ \_\_\_ dusty \_\_\_ \_\_\_
\_\_\_ shrinkage

\_\_\_ \_\_\_ \_\_\_ broken \_\_\_ \_\_\_ \_\_\_ faded \_\_\_ \_\_\_
\_\_\_ soiled

\_\_\_ \_\_\_ \_\_\_ buckled \_\_\_ \_\_\_ \_\_\_ frayed \_\_\_ \_\_\_
\_\_\_ torn

\_\_\_ \_\_\_ \_\_\_ chipped \_\_\_ \_\_\_ \_\_\_ incrust. \_\_\_ \_\_\_
\_\_\_ unraveled

\_\_\_ \_\_\_ \_\_\_ cracked \_\_\_ \_\_\_ \_\_\_ marked

\_\_\_ \_\_\_ \_\_\_ damage to finish

\_\_\_ \_\_\_ \_\_\_ missing parts

[Comments:]{.underline} [Conserved 1997.]{.underline}

STRUCTURAL

Sev. Mod. Low Sev. Mod. Low Sev. Mod. Low

\_\_\_ \_\_\_ \_\_\_ broken \_\_\_ \_\_\_ \_\_\_ loose \_\_\_ \_\_\_
\_\_\_ rusted

\_\_\_ \_\_\_ \_\_\_ flaking \_\_\_ \_\_\_ \_\_\_ loose/ \_\_\_ \_\_\_
\_\_\_ separated

missing screws joint

[Comments:]{.underline} [Conserved 1997.]{.underline}

Page: 1 / 1

ID #: FA1022-A

ENVIRONMENTAL

Sev. Mod. Low Sev. Mod. Low

\_\_\_ \_\_\_ \_\_\_ air pollutants \_\_\_ \_\_\_ \_\_\_ inappropriate
lighting

\_\_\_ \_\_\_ \_\_\_ bird droppings \_\_\_ \_\_\_ \_\_\_ insects/pests

\_\_\_ \_\_\_ \_\_\_ fungi, mold, mildew

[Comments:]{.underline}

CAUSE

Please check if yes.

\_\_\_ cleaning damage \_\_\_ humidity \_\_\_ vehicular/pedestrian
traffic

\_\_\_ fire \_\_\_ overpainting \_\_\_ vandalism

\_\_\_ fire and life safety equipment \_\_\_ poor restoration \_\_\_
water

\_\_\_ graffiti \_\_\_ smoke \_\_\_ other

[Comments:]{.underline}

SURFACE PROTECTION

Please check if yes.

\_\_\_ acrylic \_\_\_ glass

\_\_\_ barrier \_\_\_ missing

\_\_\_ base \_\_\_ none

[Comments:]{.underline}

CYCLIC MAINTENANCE

Please check if yes. \_\_\_ Cyclic Maintenance Plan \_\_\_ Cyclic
Maintenance Complete

IDENTIFICATION

Please check if yes.

\_\_\_ Artist Name \_\_\_ Date \_\_\_ Fine Arts Program

\_\_\_ Title \_\_\_ Dimensions \_\_\_ Art in Architecture

PREPARED BY: Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Print Name: [Michael
> Hanney\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
>
> Title: [Buildings Manager]{.underline} Office Symbol:
> [2PX-PV]{.underline}
>
> Tel.#: [401-528-5125]{.underline} Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Page: 2 / 2

**HOW TO COMPLETE**

**GSA\'S ART INSPECTION FORM**

The General Services Administration\'s (GSA) Fine Arts Inspection Form
includes current information contained in the Fine Arts or Art in
Architecture databases. This information must be updated on annual
basis.

Please correct existing information and complete missing information,
following the guidelines below. A glossary of terms used on the Art
Inspection Form is attached to assist you.

**1. CONDITION** Check as many words as applicable that describe the
general condition of the artwork, and the degree (Severe, Moderate or
Low). The condition of the artwork is broken down into three categories:
surface; structural; and environmental. Please complete all three
categories!

Include any additional comments that specifically describe the
condition, surrounding environment, or threats to the artwork.

**2. CAUSE** Check as many words as applicable that describe the cause
of negative changes to the artwork.

Include any additional comments that specifically describe the cause or
potential cause of negative impacts on the artwork, or needed action to
conserve and protect the artwork.

**3. SURFACE** Check as many words as applicable that describe the

**PROTECTION** kind of surface protection of the artwork.

Include any additional comments regarding the condition of the surface
protection.

**4. PREPARED BY** Complete your identification information and the
date.

***COMMENTS?***

***We would appreciate your suggestions!***

***Please call on 202-501-1554.***

**GLOSSARY**

**acrylic** a glassy thermoplastic used for cast or molded parts or as a
coating or adhesive

**air pollutants** atmospheric condition caused by harmful chemicals
within the air surrounding an art object, such as exhaust from
automobiles or \"acid\" rain

**barrier** anything built or serving to bar passage, such as a railing
or fence

**base** the foundation on which the sculpture rests; considered the
sculpture\'s support and intended to be seen as a part of the work of
art. It may be formed from the same material as the sculpture (in which
case, it is called a **plinth** or a **self-base**) or attached to the
sculpture.

**bent** curved or crooked

**bird droppings** also known as bird feces

**blistered** an area of raised air pockets caused by external forces
acting upon a painting, such as fire, moisture, or foreign matter

**brittle** frail, crisp or deteriorated; easily broken, cracked or
snapped

**broken** fractured or disconnected pieces of the art object, caused by
an external or internal force

**buckled** bending, bulging, or warping, caused by heat or pressure

**chipped** a defect in the surface of an object, caused by a blow to
that object; material that has been broken away

**cracked** fracturing of a metal in a brittle manner along a single or
branched path; in painting, any separation in the paint layer, the
ground, or the support. May be caused by accidental blows, long storage
at low temperatures, sudden changes in temperature, or defective
materials.

**crackle** a network of cracks in a fine, overall pattern on the
surface of a painting, usually caused by the embrittlement of the paint
film as it ages

**crazing** an overall pattern of shallow cracks running in a variety of
directions on the surface or coating

**dented** a defect in the surface of an object, caused by a blow; a
simple concavity

**discoloration** a stain; in painting, a yellowing of the varnish

**dusty** loose soil generally distributed on the surface of an art
object

**faded** a discoloration of a material, usually where parts have been
unprotected from light

**flaking** small, thin, flat pieces of layered material that have been
separated from their support

**frayed** threads or fibers at the ends of textiles that have become
unraveled or loosened

**fungi** molds, mildews, or rusts which subsist upon living organic
matter

**gouged** a defect in the surface of an object, or an instance where
material has been scooped out

**graffiti** words, phrases or drawings written on an art object

**humidity** dampness; a moderate degree of wetness in the atmosphere

**encrustation** a hard coating, an inlaying or addition of
inappropriate material upon the surface of an art object

**loose** a part of an art object that is not securely fastened or
attached to another part of the object

**loose threads** fibers that are not securely fastened to or interwoven
with other threads within a textile; unbound threads

**marked** marred with distinctive lines, spots, scars, or dents on the
surface

**matting** material, usually paper, which is used to frame art objects,
often serving as a frame within a frame

**mildew** a whitish coating upon an art object caused by humidity and
the accompanying growth of fungi

**mold** a fungi which invades organic substances

**overpainting** painting over an original painting, mural or fresco

**pest** any insect that infests an art object

**rusted** a reddish-brown coating formed on the surface of iron or
steel when the object is exposed to moisture or otherwise chemically
attacked

**sagging** a drooping or hanging down unevenly, caused by weight or
pressure upon an art object

**scraped** a surface layer of an art object which has been removed
through abrasive contact with a rough or sharp object

**scratched** the surface of an art object which has been marked or
marred by something sharp enough to carve into the surface

**separated joints** severed joints that are separated because of
pressure, humidity, or force

**shrinkage** the loss of weight, substance, or size of a textile due to
humidity or other forces

**soiled** a general term denoting any dirtiness, staining, or smirching
of an object

**torn** a break in fabric, paper, or other material as a result of
tension or exterior stress

**unraveled** separated or disentangled threads of a textile

**warped** a distortion of the plane of an object, usually caused by
dampness

***5.3 Assessment***

Once art inspection forms have been returned to the Director, Fine Arts
Program, PCE the data is entered into the Fine Arts and Art in
Architecture databases and the forms are filed in the fine arts archives
of central office. The database automatically calculates the severity of
condition and assigns an overall rating of:

1.  Health or Safety Hazard

2.  Advanced Deterioration

3.  Intermediate Deterioration

4.  Minor Deterioration

5.  No Defect

Inspection data is then organized by the severity of condition, the
historical and artistic value, and significance, in order to develop
annual conservation priorities.

***CHAPTER 6. CONSERVATION AND MAINTENANCE***

This chapter discusses the conservation and maintenance of the Fine Arts
Collection. Under the Federal Managers Financial Integrity Act of 1982,
the Center for Design Excellence & the Arts, Office of the Chief
Architect (PCE) is responsible for the inventory, management and
conservation of the Fine Arts Collection to insure its protection,
accessibility and appreciation.

*Authorities and References*

-   The Federal Managers Financial Integrity Act (31 U.S.C. §3512), as
    implemented by OMB Circ. No. A -123, establishes procedures for
    internal financial and managerial accountability and control.

***6.1 What Is Conservation?***

The American Institute for the Conservation of Historic and Artistic
Works (AIC) offers the following definitions of conservation
terminology:

> ***Conservation*** - The profession devoted to the preservation of
> cultural property for the future. Conservation activities include
> examination, documentation, treatment, and preventive care, supported
> by research and education.
>
> ***Cultural Property*** - Objects, collections, specimens, structures,
> or sites identified as having artistic, historic, scientific,
> religious, or social significance.
>
> ***Preservation*** - The protection of cultural property through
> activities that minimize chemical and physical deterioration and
> damage and that prevent the loss of informational content. The primary
> goal of preservation is to prolong the existence of cultural property.
>
> ***Restoration*** - Treatment procedures intended to return cultural
> property to a known or assumed state, often through the addition of
> non-original material.
>
> ***Stabilization*** - Treatment procedures intended to maintain the
> integrity of cultural property and to minimize deterioration.

***6.2 Contracting***

Since GSA does not have conservators on staff, all fine arts
conservation is accomplished through contracts with professional fine
arts conservators. The conservation of artwork is performed in two
phases. The first phase entails the development of a professional
condition assessment and treatment recommendations report. Once these
treatment recommendations have been completed, they are developed into a
contract to perform the actual treatment and conservation of the
artwork. Sample Scopes of Work for condition assessment and treatment
recommendations and conservation treatments are included on the
following pages.

A Condition Assessment/Treatment Recommendation Report must be prepared
for all condition assessments containing a detailed analysis of the
artwork and recommendations for material treatment, time estimates, cost
estimates, and documentary photographs. A final Treatment Report must be
prepared for each conservation project containing a detailed description
of treatment, future cyclic maintenance instructions, and documentary
photographs taken during and after treatment. Copies of these reports
must be maintained in:

-   building manager's office,

-   regional office,

-   and central office archives.

*Sample Scope of Work for Condition Assessment/Treatment Recommendation*

STATEMENT OF WORK

1\. The artwork is located in the main lobby of the Federal
Building/U.S. Post Office, 622 North Central Avenue, Phoenix, AZ 85004.
Please call Susan Berkel, Assistant Building Manager, General Services
Administration, at 602-514-7422 for an on-site appointment.

The Government reserves the right to visit the conservator\'s studio or
site during the conservation.

2\. The following artwork requires conservation:

SUBJECT: Communications During Period of

Exploration

ARTIST: Oscar Edmund Berninghaus

MATERIAL: Oil on canvas

SIZE: 4\'6\" x 19\'

SUBJECT: Pioneer Communications

ARTIST: Oscar Edmund Berninghaus

MATERIAL: Oil on canvas

SIZE: 4\'6\" x 19\'

SUBJECT: Covered Wagons & Indian on Horseback &

Stagecoach

ARTIST: LaVerne Nelson Black

MATERIAL: Oil on canvas

SIZE: 4\'8 1/2\" x 19\'

SUBJECT: Cattle Roundup & Cowboy on Horseback &

Cattle

ARTIST: LaVerne Nelson Black

MATERIAL: Oil on canvas

SIZE: 4\'8 1/2\" x 19\'

BACKGROUND:

The murals were commissioned in 1938 by the Treasury Department\'s
Section of Fine Arts. Both artists, of Taos, New Mexico, were chosen by
competition. The murals reflect the social realist art movement of the
thirties and forties. The murals are part of the General Services
Administration\'s (GSA) Fine Arts Collection.

CONDITION:

Recent inspection of the artwork reported buckling and \"bubbles\" in
the Berninghaus murals, and damage to the finish of the Covered Wagons
mural by LaVerne Black. Current inspection data and background
information are attached.

3\. Required services will include, but will not be limited to, the
following:

A. Perform an on-site examination of the artwork to determine the exact
nature and extent of deterioration.

The conservator will be responsible for providing the necessary
professional services to insure that the proposed conservation and
treatment will not have an adverse impact upon the aesthetic, historic,
and physical integrity of the artwork. It may be required that
conservation treatments be reversible in order to insure that removal of
materials and techniques will not endanger the physical welfare of the
artwork. The known character of the artwork should not be modified. As
much as possible, decayed parts of an artwork will be conserved, not
replaced. The treatment prescribed shall be the safest and least
intrusive restorative method so as not to compromise the original
integrity of the artwork, and should follow the guidelines for the
American Institute for the Conservation of Historic and Artistic Works
(AIC) Code of Ethics and Standards of Practice.

B. Prepare Condition Assessment/Treatment Recommendation Report,
including: recommendations for treatment; time estimate for all work;
cost estimates for conservation of the artwork; and 4\"x6\" color
photographs with negatives and taken before treatments are performed.

For each material proposed submit manufacturer\'s specifications,
technical data, and applicable Material Data Safety Sheets (MDSS.).

C. Prices established above should include all costs associated with the
conservation of the sculpture.

D. No allowance will be made after the issuance of the delivery order
due to failure on the part of the Conservator to acquaint himself with
the scope of work required. Therefore, the offeror should visit the site
to verify all dimensions, familiarize himself with existing conditions,
and obtain full knowledge of ANY AND ALL difficulties that may be
encountered during the execution of this work.

4\. Contract Completion

All services required under this contract are to be completed no later
than 60 calendar days after receipt of the delivery order.

5\. Payment

The Government reserves the right to withhold final payment to the
Conservator in the event that the Conservator fails to perform any
portion of the contract to the Government\'s satisfaction. Final payment
will be made upon satisfactory completion of required services and
inspection by appropriate GSA official.

*Sample Scope of Work for Conservation Treatment*

STATEMENT OF WORK

1\. The artwork is located at the south side of the main lobby of the
U.S. Courthouse, 312 North Spring Street, Los Angeles, CA 90012. Please
call David Griffin, Field Office Manager, General Services
Administration, at 213-894-3253 for an on-site appointment.

The Government reserves the right to visit the conservator\'s studio or
site during the conservation.

2\. The following artwork requires conservation:

SUBJECT: Law

ARTIST: Archibald Garner

MATERIAL: Indiana Limestone

SIZE: Sculpture, 98\" x 24\" x 24\"

BACKGROUND:

In the words of the artist regarding the sculpture: \"It was my desire
to express in this figure the conception of law as the friend and
protector of the people, the law of democracy as opposed to the
arbitrary, oppressive law of other forms of government. For this reason,
I used a female figure with flowing, gentle curves. Yet I wanted the
feeling of the whole composition to be strong, firm, and direct, hence
its massiveness and simplicity. The hand indicating the tablet is open
in the position of offering to the appeal of reason, not pointing in
stern command in the Mosaic tradition. In the head I have tried to
combine solid strength with compassion.\" Garner inscribed on the tablet
held by the figure, the quotation on the law by Abraham Lincoln, \"No
law is stronger than is the public sentiment where it is to be
enforced.\" The sculpture was commissioned by the Section of Fine Arts
for \$7,200 and installed in 1941. It is part of the General Services
Administration\'s (GSA) Fine Arts Collection.

CONDITION:

The sculpture shows a considerable amount of rust and damage. Recent
inspection of the sculpture reported soiling and discoloration.

On-site examinations of the artwork to determine the exact nature and
extent of deterioration and treatment recommendations were prepared in
September and October, 1993. Copies are attached. Current inspection
data and background information are also attached.

Where alternative materials or methods are proposed, the conservator
shall explain and compare the pros and cons, and price alternatives, of
each in their proposal.

For each material proposed submit manufacturer\'s specifications,
technical data, and applicable Material Data Safety Sheets (MDSS.).

3\. Required services will include, but will not be limited to, the
following:

A. Perform conservation services based upon the attached condition
assessment and treatment recommendation report, or recommend alternative
materials or methods.

The conservator will be responsible for providing the necessary
professional services to insure that the proposed conservation and
treatment will not have an adverse impact upon the aesthetic, historic,
and physical integrity of the artwork. It may be required that
conservation treatments be reversible in order to insure that removal of
materials and techniques will not endanger the physical welfare of the
artwork. The known character of the artwork should not be modified. As
much as possible, decayed parts of an artwork will be conserved, not
replaced. The treatment prescribed shall be the safest and least
intrusive restorative method so as not to compromise the original
integrity of the artwork, and should follow the guidelines for the
American Institute for the Conservation of Historic and Artistic Works
(AIC) Code of Ethics and Standards of Practice.

B. Prepare Conservator\'s Investigative Report including: details of
applied treatments; preventive preservation recommendations for the
future cyclic care and maintenance of the artwork; and 4\"x6\" color
photographs with negatives taken during and after treatments are
performed.

C. Prices established above should include all costs associated with the
conservation of the sculpture.

D. No allowance will be made after the issuance of the delivery order
due to failure on the part of the Conservator to acquaint himself with
the scope of work required. Therefore, the offeror should visit the site
to verify all dimensions, familiarize himself with existing conditions,
and obtain full knowledge of ANY AND ALL difficulties that may be
encountered during the execution of this work.

4\. Contract Completion

All services required under this contract are to be completed no later
than 60 calendar days after receipt of the delivery order.

5\. Payment

The Government reserves the right to withhold final payment to the
Conservator in the event that the Conservator fails to perform any
portion of the contract to the Government\'s satisfaction. Final payment
will be made upon satisfactory completion of required services and
inspection by appropriate GSA official.

*Conservation Funding*

Conservation for the Fine Arts Collection is accomplished through three
means:

1.  Prospectus projects - through major historic preservation
    (prospectus) projects where the conservation efforts for artwork
    associated with the building are sub-contracted through the
    architect/engineer services responsible for the renovation of the
    building.

2.  Regional funds - each Region may conduct their own conservation
    program utilizing their own funds as available. These funds may be
    acquired through repair and alteration funds, budget activity (BA)
    54, available through property management, or through general
    operating funds, BA61, available through the field office.

3.  Central office funds - conservation on a nationwide basis may be
    coordinated and funded through PCE.

Beginning in 1990, PCE was able to acquire funds from the out-leasing of
space in historic properties for the purpose of conservation and
preservation of historic buildings and artwork associated with historic
buildings (BA64). Additional funds are available each year for
non-historic and contemporary artwork (BA61). These funds enabled PCE to
develop an agency-wide conservation program that identifies works of art
that require conservation through:

1.  the annual inspection of art in each region;

2.  the development of a priority list of conservation projects based
    upon their condition as indicated through the inspection, and other
    valuation factors including:

-   significance of artist

-   historical significance

-   significance as representing a specific period or style

-   significance as representing a specific artwork media

-   significance of associated building and public access or influence

-   current monetary value of the artwork

3.  the preparation of specific Statements of Work with appropriate
    background information to include in the National Conservation
    Contract. Conservation is a two step contracting process: a) to
    develop a professional condition assessment and treatment
    recommendation; and/or b) to perform treatment based upon the
    assessment and recommendations;

4.  and assisting the regions in the review, inspection, and acceptance
    of conservators and conservation work.

Once a conservation project is identified, a Requisition/Procurement
Request for Equipment, Supplies or Services (SF49) is prepared and
signed by the Director, PCE. The SF49 only commits, or sets asides the
funds. An Order for Supplies and Services (SF300) awards the work order
or contract and obligates the funds. BA64 funds must be obligated within
2 fiscal years, or else they revert to the Department of the Treasury.
Conservation projects funded through PCE will be contracted through a
national term contract for art conservation, the National Conservation
Contract.

***6.3 Qualifications for Fine Arts Conservators***

Fine arts conservators in a specific area of expertise must have a
masters degree or graduate certificate from an accredited arts school,
college, university or program in conservation, and have a minimum of 5
years specialized experience in the field of art conservation.
Additionally, the conservator must be a Professional Associate or Fellow
of the American Institute for the Conservation of Historic and Artistic
Works (AIC). The AIC defines these categories of membership as follows:

> ***Professional Associate*** - Professional Associates (PAs) are
> conservators, conservation scientists, educators, or others
> professionally involved in conservation who, through training,
> knowledge, and experience, have shown a commitment to the purposes for
> which the AIC was established. The PA category was established in
> 1980. Effective January 1997, a conservator who has earned an
> undergraduate university degree (or the international equivalent) may
> apply for PA status after completing 2 years of basic conservation
> training and acquiring at least 3 years of experience in his/her
> special field. Applications for PA must be supported by 3 Fellows or
> PAs. Candidates must agree in writing to abide by the *Code of Ethics*
> and *Guidelines for Practice*.
>
> ***Fellow*** - In addition to the qualifications required for election
> to PA membership, a candidate for Fellow must have a minimum of 3
> years graduate-level education (including an internship) in a
> conservation-related field or the equivalent in a formal
> apprenticeship plus a minimum of 7 years of experience after 3 years
> of conservation training. Moreover, evidence must be submitted of
> sustained high quality professional skills and of ethical behavior.
> Applicants for Fellow status must also demonstrate that they have
> participated in an exchange of ideas regarding methods.

***6.4 Cyclic Maintenance***

Cyclic maintenance is the periodic and routine maintenance of cultural
property to insure its preservation. Cyclic maintenance instructions are
required as part of all Art in Architecture contracts and all Fine Arts
conservation contracts. The implementation of cyclic maintenance will
eventually reduce conservation costs. A copy of the cyclic maintenance
instructions must be maintained in:

-   building manager's office,

-   regional office,

-   and central office archives.

Cyclic maintenance instructions for specific works of art should be
jointly reviewed by a professional fine arts conservator, the artist
and/or fabricator, and GSA property management at the completion of
installation or conservation treatment. Videos documenting installation
and care and maintenance are encouraged.

Cyclic maintenance instructions must be entered into the cyclic
maintenance memo field of the Fine Arts and Art in Architecture
databases. A cyclic maintenance report for each building must be printed
from the databases and used as a cover report for art inspection forms
for that building. This insures the annual distribution of cyclic
maintenance instructions to building managers. This activity should be
coordinated with the Regional Property Management Officer (RPMO).

See Appendix A for a list of RPMOs.

*Cyclic Maintenance Funding*

Each field office is responsible for funding cyclic maintenance. For Art
in Architecture commissions, consideration should be given to including
funds for the future cyclic maintenance of the artwork as part of the
.005 % currently afforded in the GSA Project Look-Up Tables.

*Who Performs Cyclic Maintenance?*

For Art in Architecture commissions, artists are required to submit
cyclic maintenance instructions at the time of installation or before
contract completion. Cyclic maintenance instructions should be reviewed
by, or developed in conjunction with, a fine arts conservator to insure
that they offer the best techniques possible. Conservator Peers should
review cyclic maintenance instructions as part of the commissioning
process. In addition, a professional fine arts conservator may be
available through the national conservation contract. Requests should be
made to the RFAO.

-   Basic cyclic maintenance may be performed by facilities managers
    after receiving adequate training from the artist and/or
    conservator.

-   Some cyclic maintenance services require a professional fine arts
    conservator and may be available through the national conservation
    contract. Requests should be made to the RFAO.

*Training*

Training in the application of cyclic maintenance instructions should be
provided to field office personnel by the fine arts conservator and/or
artist at the time of installation of new works of art or completion of
conservation treatment. Partnership opportunities with local
conservation organizations should also be considered for training and
maintenance. See Appendix A for a list of professional organizations.

***6.5 Storage***

In 1994, an audit of the Fine Arts Program was conducted by the Office
of Inspector General. The audit addressed the necessity of a "single
centralized storage facility." The audit further recommended:

> "We recommend that the Public Buildings Service provide secure,
> climate controlled storage for art that will be stored for long
> periods."

In September 1996, PCE acquired approximately 8,000 square feet of
museum-quality storage space for the Fine Arts Collection. This space is
available for all portable works within the collection. Regions are
strongly encouraged to make use of this facility. Regions would still
have access to portable works of art from their region. Centralized
storage also facilitates the stabilization and conservation of portable
works. If other storage facilities must be used, the minimum
requirements for the protection of the artwork, as outlined in Chapter
4, must be met.

**There are a limited number of large works of art in storage that**

**require conservation. It is the policy of GSA to conserve and**

**return works of art to their original geographic location or place**

**of origin whenever practicable.**

The Fine Arts storage facility is located in Alexandria, Virginia.
Access to the storage facility is available through the Director, Fine
Arts Program. In case of emergency, access is available through the
Crystal City Customer Service Center, Arlington, Virginia.

# Sample Cyclic Maintenance Report

**GENERAL SERVICES ADMINISTRATION**

**ART-IN-ARCHITECTURE PROGRAM (PCE)**

CYCLIC MAINTENANCE REPORT

HI0011ZZ, PRINCE KUHIO FEDERAL OFFICE BUILDING

HONOLULU, HI

REGIONAL MANAGER: NOVARESI, ELMO, 415-522-3182

Ruthadell Anderson

\"Group 11 - 1977\", 1977

Sculpture, 11 works, 11\' to 13\' (AA10)

Cyclic Maintenance: Maintenance instructions from Jensen Conservation
Services, Inc., in 1995:

Maintenance of the \"Group Eleven\" forms will involve periodic vacuum
cleaning on a five-year rotation or more often as conditions dictate.
Fibers and yarns should be examined closely for indications of fading,
especially near the top of the cylindrical forms nearest the sources of
spot illumination. Light levels in the lobby should be adjusted downward
if fading is indicated (within restraints of Federal Court House
standards). Fluorescent lights should be filtered to remove ultraviolet
content. Filtering has no impact on light level intensity. All work is
to be accomplished by an individual trained in Fine Art Conservation,
approved by the GSA, Fine Arts Program.

032191133156003966

\"Fiber Sculpture One\" & \"Fiber Sculpture Two\", 1977

Sculpture, 11\'x 13\' (AA112)

Cyclic Maintenance: Maintenance instructions from Jensen Conservation
Services, Inc., in 1995:

Maintenance of the \"Fiber Sculpture One and Fiber Sculpture Two\" forms
will involve periodic vacuum cleaning, on a five-year rotation of more
often as conditions dictate. Fibers and yarns should be examined closely
for indications of fading and light levels in the lobby adjusted
downward if fading is indicated (within restraints of Federal Court
House standards). Lights should be filtered to remove ultraviolet
content. Filtering has no impact on light level intensity. All work is
to be accomplished by an individual trained in Fine Art Conservation,
approved by the GSA Fine Arts Program.

020293170026004618

\"Cascade\", 1977

Sculpture, (AA231)

Cyclic Maintenance: Maintenance instructions from Jensen Conservation
Services, Inc., in 1995:

Application of a protective coating or consolidant is not recommended at
this time. It appears the concrete aggregate is sound and stable, not
exhibiting crumbling or extensive erosion and does not require
strengthening at this time. Application of a waterproofing agent may be
considered as an option to reduce water penetration and therefore reduce
stain penetration. In lieu of coating application, regular cleaning
maintenance of the sculpture is recommended as well as installation of
filters to eliminate carbonate and ferrous deposits from accumulating on
the sculpture. All work is to be accomplished by an individual trained
in Fine Art Conservation, approved by the GSA Fine Arts Program.

George Rickey

\"Two Open Rectangles Eccentric\", 1978

Sculpture, 31\' x 11\' (AA143)

Cyclic Maintenance: Maintenance instructions from the artist George
Rickey:

Wash annually or as needed with a non-abrasive, non-corrosive,
non-chlorine cleanser (recommended \"Zud\"- to be used only when
discoloration re-appears). The sculpture has a tendency to develop
rust-like areas of discoloration from the climate and water.

Cyclic Maintenance: Maintenance instructions from Jensen Conservation
Services, Inc., in 1995:

Continued maintenance of grease in rotating bearings. Surface
maintenance will require washing to remove deposits and semi-annual
re-application of the protective wax paste coating recommended in this
program. The recommended coating system should last indefinitely, if
maintained on a semi annual schedule, preserving a highly reflective
surface on the stainless steel sculpture. All work is to be accomplished
by an individual trained in Fine Art Conservation, approved by the GSA,
Fine Arts Program.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

10/23/1996, page 1

Peter Voulkos

\"Barking Sands\", 1978

Sculpture, 6\' x 26\' (AA181)

Cyclic Maintenance: Maintenance instructions from Jensen Conservation
Services, Inc., in 1995:

Maintenance of coatings will be the key to maintenance of the sculpture.
Use of a very durable coating system is recommended. Application of
paste wax will contribute further to the life of the coating system.
Surface cleaning to remove deposits of soil and removal of the paste wax
coating will be recommended as semi-annual maintenance. Prevention of
abrasion from contact by the public will be important to the maintenance
of the sculpture in good condition. Re-location of the sculpture,
modification of installation or placement of barriers are all
considerations which might improve the success of a preventive
maintenance program. All work is to be accomplished by an individual
trained in Fine Art Conservation, approved by the GSA Fine Arts Program.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

10/23/1996, page 2

***CHAPTER 7. LOAN PROGRAM***

This chapter describes short term loans of artwork from the Fine Arts
Collection. These loans are not to be confused with the long term loans
to non-federal repositories discussed in Chapter 3.

*Authorities and References*

-   The Federal Managers Financial Integrity Act (31 U.S.C. §3512), as
    implemented by OMB Circ. No. A -123, establishes procedures for
    internal financial and managerial accountability and control.

    1.  ***Loan Program***

In 2002, the Fine Arts Loan Program was incorporated into the Design
Excellence and the Arts Exhibit Program. As we redirect the focus of the
Loan Program to the Exhibit Program, we will fulfill the terms of those
works currently on loan to private offices. The goals of the Loan
Program and Exhibit Program are consistent.

*Goals*

The goal of the Fine Arts Loan Program is to make the original works of
art in GSA's Fine Arts Collection available to the largest public
audience. These commissioned civic works of art were produced with
taxpayer's funds and represent the history and culture of our country.
They should be placed in public institutions where they will be
available to the American people:

-   to educate and teach the history and cultural heritage of the United
    States as reflected in the design, art, and architecture of federal
    buildings in GSA's portfolio;

-   and to increase the awareness, understanding, and accessibility of
    works of art in GSA's Fine Arts Collection.

*Audience*

Managed through the Center for Design Excellence & the Arts (PCE), the
Loan Program allows for the loan of artwork to museums, public
institutions, and federal buildings.

**The Loan Program is not a decorative program. Original**

**works of art are not intended for installation in private offices.**

Primary consideration is given to museums and similar public
institutions. Such institutions provide the necessary environmental and
security standards to insure the proper display and protection of the
works of art. They also allow artwork to reach a broad audience of
scholars, researchers, and the general public. Conditions for Loan and a
sample Loan Form are contained on the following pages.

###### *Steps to Follow*

1.  All works of art placed on loan must be coordinated through the Fine
    Arts Program and accompanied by a loan form signed by the
    appropriate officials.

2.  This information is also entered in the Fine Arts database. Such
    steps are necessary to:

-   coordinate the location of artwork at all times;

-   to verify that the borrower agency is aware of, and agrees to, the
    conditions of the loan;

-   and to provide a tracking system for the retrieval of the loan.

3.  An Art Inspection Form must also be completed for all works of art
    placed on loan. This is necessary to record the accurate condition
    of the artwork at the time of the loan.

4.  In addition to the loan form, the borrowing institution must provide
    a completed American Associations of Museums (AAM) Standard Facility
    Report or complete a Questionnaire for Loan of Works of Art
    describing the facility and environment in which the artwork will be
    placed. The Questionnaire is available from the Director, Fine Arts
    Program.

*Sample Questionnaire*

**[Questionnaire for Loan of Works of Art]{.smallcaps}**

Before the General Services Administration (GSA) agrees to lend a work
of art, we must ensure that proper handling procedures and security
measures are accomplished by the borrowing institution. Read carefully,
complete, sign, and return this questionnaire to Alicia Weber, General
Services Administration, Fine Arts Program, Room 3341, Washington, DC,
20405.

1\) Describe the temporary storage areas used for works of art before
installed in exhibition area:

2\) Is the exhibition space used solely for exhibition (i.e., not a
library, lobby, etc.)? \_\_\_\_\_\_\_\_\_YES \_\_\_\_\_\_\_ NO

3\) Is the building made of a fire-resistant material?
\_\_\_\_\_\_\_\_\_YES \_\_\_\_\_\_\_ NO

4\) Describe the fire detection and extinguishing systems used in the
exhibitions of works of art for your institution.

5\) Are periodic security checks made at night? \_\_\_\_\_\_\_\_\_YES
\_\_\_\_\_\_\_\_\_ NO

6\) Are full-time professional guards (not students, in the case of
university museums) in constant attendance when the exhibition galleries
are open? \_\_\_\_\_\_\_\_\_YES \_\_\_\_\_\_\_\_\_ NO

7\) When framed objects are hung, are they fastened securely to the wall
or panel with brackets and screws so that they cannot be lifted or
removed? \_\_\_\_\_\_\_\_\_YES \_\_\_\_\_\_\_\_\_ NO

8\) Are objects handled exclusively by curators, installers, registrars,
and shippers who are trained and experienced in handling works of art?
\_\_\_\_\_\_\_\_\_YES \_\_\_\_\_\_\_\_\_ NO

9\) Do all fluorescent lights have ultraviolet filtering Plexiglas
sleeves? \_\_\_\_\_\_\_\_\_YES \_\_\_\_\_\_\_\_\_ NO

10\) When objects are put in closed cases with lights, are they
safeguarded against ultraviolet rays and ventilated to prevent excessive
temperatures? \_\_\_\_\_\_\_\_\_YES \_\_\_\_\_\_\_\_\_ NO

11\) No artwork may be exhibited in direct sunlight or strong
illumination, placed over a heating or air-conditioning vent, or exposed
to humidifies in excess of 65%. The maximum light intensity in your
institution is \_\_\_\_\_\_\_\_\_\_.

In order to ensure that the works of art are protected from damage or
theft, the following conditions apply:

OWNERSHIP Full and exclusive title, ownership, and control of works of
art shall remain with GSA.

TIME Loan period is stated on loan forms. Art must be returned to GSA by
stated termination date. Extensions of loan periods

must be approved in writing by GSA. GSA reserves the right to recall
works from loan at any time and will make every effort to give
reasonable advance notice or recall and to provide an available
replacement.

LOCATION Location and placement of all artwork must be coordinated with
the PBS Fine Arts staff, including relocation of artwork.

CARE AND Borrowed art shall be given proper care to ensure against loss,
damage, or deterioration. Borrower agrees to

MAINTENANCE meet special requirements for installation and handling. Art
loaned by GSA has been examined and is considered to be in sound
condition for loan. GSA shall be notified immediately, followed by a
written report, including necessary photographs, if damage or loss is
discovered. No work may be altered, cleaned, or repaired without written
permission of GSA. Art shall be maintained under a 24-hour security and
protected from unusual temperatures and humidity, excessive light,
vermin, dirt, or other environmental factors. Work shall be handled only
by experienced personnel. Smoking must not be permitted in the
exhibition galleries or temporary storage areas.

FINANCIAL Borrower will maintain insurance coverage on loaned objects
against all risks of physical loss or

RESPONSIBILITY damage from external cause while in transit and on
location during the period of the loan. A certificate of Insurance will
be sent on request once the loan has been approved by the Fine Arts
Program. Borrower accepts financial responsibility for full amount of
appraised value placed on each work, stated in this agreement if the art
is lost or damaged. GSA reserves the right to increase the appraised
value.

PACKING AND Packing and Transportation shall be arranged by GSA.
Unpacking and repackaging must be done by experienced

TRANSPORTATION personnel under competent supervision. Repackaging must
be done with similar materials and boxes, and by similar methods as the
art was received. Transportation costs shall be borne by the borrower.

PHOTOGRAPHY Borrower has the right to photograph and reproduce
photographs of artworks for educational and publicity purposes

AND CREDIT LINE related to the loan, provided that Fine Arts Program,
Public Buildings Service, U.S. General Services Administration is
credited. Written approval from GSA must be obtained for photography for
commercial purposes.

CONFLICTS The terms of this agreement shall be controlling in the event
of any conflict between this agreement and any other agreements. Loan
may be canceled if there has been a breach of the conditions of this
agreement.

The General Services Administration will give consideration to all
questions for requests that the borrower may have in connection with
this statement of conditions governing loans. Violations of these
conditions or incorrect answers to the questions will be noted when
further loans are being considered.

I have answered the questions accurately and agree to the above
conditions.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Title

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Institution

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Exhibition Title, Dates

If the exhibition is to travel, the Fine Arts Program must have signed
copies of this questionnaire from all participating institutions. List
the institutions below, the curators in charge of the exhibition, and
the exact dates of exhibition and travel.

*Outgoing Loans*

In order to insure that these works of art are protected from damage or
theft, the following conditions apply:

**CONDITIONS FOR LOAN OF GSA ARTWORK**

**OWNERSHIP** Full and exclusive title, ownership, and control of works
of art shall remain with GSA.

**AVAILABILITY** Artwork must be in good condition.

Artwork must be displayed in publicly accessible spaces such as
reception areas or conference rooms that can be locked nightly. Artwork
must be displayed with an interpretive plaque citing the Fine Arts
Collection and provided by GSA.

No work of art will be placed in private PBS offices below the
Commissioner or Regional Administrator level. The Assistant
Commissioners will sign for all original portable works of art that are
loaned to PBS offices.

**TIME** All loans are for the duration of one year. Art must be
returned to GSA by stated termination date. Extensions of loan periods
must be approved in writing by GSA. GSA reserves the right to recall
works from loan at any time and will make every effort to give
reasonable advance notice or recall and to provide an available
replacement.

**LOCATION** Location and placement of all artwork must be coordinated
with the PBS Fine Arts staff, including relocation of artwork.

**CARE &** Borrowed art shall be given proper care to insure against
loss, damage, or deterioration.

**MAINTENANCE** Borrower agrees to meet special requirements for
installation and handling. GSA shall be notified immediately, followed
by a written report, including necessary photographs, if damage or loss
is discovered. No work may be altered, cleaned, or repaired without
written permission of GSA. Art shall be maintained under 24-hour
security and protected from unusual temperatures and humidity, excessive
light, vermin, dirt, or other environmental factors. Work shall be
handled only by experienced personnel.

**FINANCIAL** Borrower accepts financial responsibility for full amount
of appraised value placed on each work,

**RESPONSIBILITY** stated in this agreement, if the art is lost or
damaged. For loans to officials of agencies of the United States
Government, such agencies shall be responsible for the cost of repair or
replacement of the objects should damage or loss occur during the period
of the loan. GSA reserves the right to increase the appraised value.

**PACKING &** Packing and transportation shall be arranged by GSA with a
qualified art transport company.

**TRANSPORTATION** Unpacking and repacking must be done by experienced
personnel under competent supervision. Repacking must be done with
similar materials and boxes, and by similar methods as the art was
received. Packing and transportation costs shall be borne by the
borrower.

**PHOTOGRAPHY &** Borrower has the right to photograph and reproduce
photographs of artwork for educational and

**CREDIT LINE** publicity purposes related to the loan, provided that
PBS, GSA is credited. Written approval from GSA must be obtained for
photography for commercial purposes.

**CONFLICTS** The terms of this agreement shall be controlling in the
event of any conflict between this agreement and any other agreements.
Loan may be canceled if there has been a breach of the conditions of
this agreement.

*Sample Loan Form*

AGREEMENT FOR LOAN OF GSA ARTWORKS

Agreement for loan between the Fine Arts Office, Publics Buildings
Service, General Services Administration, and:

(AGENCY)

(ADDRESS)

(CITY) (STATE) (ZIP)

(BORROWER) (PHONE)

(TITLE)

for the period / / to / / .

ARTWORK IDENTIFICATION

ARTIST NAME

TITLE OF ARTWORK \| APPRAISED VALUE

\|

\|

ITEM \# \| EXECUTION DATE \| FEDERAL ART PROGRAM

\| \|

\| \|

MEDIUM \| MATERIALS \| DIMENSIONS

\| \|

\| \|

DESCRIPTION

CONTACT

COLLECTION CONTACT \| TEL.#

\|

\|

LOCATION OF ARTWORKS

IF ARTWORKS ARE MOVED, WHILE ON LOAN, \| EXACT LOCATION OF ARTWORK

WITHOUT PRIOR NOTIFICATION AND APPROVAL \| WHILE ON LOAN

FROM THE FINE ARTS OFFICE, THEY WILL BE \|

SUBJECT TO IMMEDIATE RECALL. \| SUB-LOC.

BORROWER

BORROWER AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS OF THIS \| DATE
BORROWER

LOAN AGREEMENT AS STATED ON ATTACHED SHEET. \| SIGNED

\|

\|

(Signature) \|

FINE ARTS OFFICE

SIGNATURE \| DATE SIGNED

\|

\|

\|

NOTE: Borrower should sign this form and return it to GSA for signature.
Copy will be returned to borrower.

TERMS AND CONDITIONS OF LOAN

The Fine Arts Collection of the General Services Administration (GSA)
has a limited number of original, portable works of art that are
available for loan within GSA. In order to insure that these works of
art are protected from damage or theft, the following conditions apply:

OWNERSHIP Full and exclusive title, ownership, and control of works of
art shall remain with GSA.

AVAILABILITY Artwork must be in good condition.

Artwork must be displayed in publicly accessible spaces such as
reception areas or conference rooms, that can be locked nightly. Artwork
must be displayed with an interpretive plaque citing the Fine Arts
Collection and provided by GSA.

No work of art will be placed in private PBS offices below the Assistant
Commissioner\'s level. The Assistant Commissioners will sign for all
original portable works of art that are loaned to PBS offices.

TIME All loans are for the duration of one year. Art must be returned to
GSA by stated termination date. Extensions of loan periods must be
approved in writing by GSA. GSA reserves the right to recall works from
loan at any time and will make every effort to give reasonable advance
notice or recall and to provide an available replacement.

LOCATION Location and placement of all artwork must be coordinated with
the PBS Fine Arts staff, including relocation of artwork.

CARE AND MAINTENANCE Borrowed art shall be given proper care to insure
against loss, damage, or deterioration. Borrower agrees to meet special
requirements for installation and handling. Art loaned by GSA has been
examined and is considered to be in sound condition for loan. GSA shall
be notified immediately, followed by a written report, including
necessary photographs, if damage or loss is discovered. No work may be
altered, cleaned, or repaired without written permission of GSA. Art
shall be maintained under a 24-hour security and protected from unusual
temperatures and humidity, excessive light, vermin, dirt, or other
environmental factors. Work shall be handled only by experienced
personnel.

FINANCIAL RESPONSIBILITY Borrower accepts financial responsibility for
full amount of appraised value placed on each work, stated in this
agreement, if the art is lost or damaged. For loans to officials of
agencies of the United States Government, such agencies shall be
responsible for the cost of repair or replacement of the objects should
damage or loss occur during the period of the loan. GSA reserves the
right to increase the appraised value.

PACKING AND TRANSPORTATION Packing and Transportation shall be arranged
by GSA. Unpacking and repacking must be done by experienced personnel
under competent supervision. Repacking must be done with similar
materials and boxes, and by similar methods as the art was received.
Transportation costs shall be borne by the borrower.

PHOTOGRAPHY AND Borrower has the right to photograph and reproduce
photographs of artworks

CREDIT LINE for educational and publicity purposes related to the loan,
provided that PBS, GSA is credited. Written approval from GSA must be
obtained for photography for commercial purposes.

CONFLICTS The terms of this agreement shall be controlling in the event
of any conflict between this agreement and any other agreements. Loan
may be canceled if there has been a breach of the conditions of this
agreement.

GSA Form 10048 BACK (REV.9-95)

*Incoming Loans*

When works of art are returned to GSA an acknowledgment letter must be
sent to the borrower:

![](media/image1.emf) **General Services Administration**

**Public Buildings Service**

**Washington, DC 20405**

September 10, 1996

Mr. Robert A. Peck

Commissioner, Public Building Service

General Services Administration

Room 6344

18^th^ and F Streets, NW

Washington, DC 20405

Dear Mr. Peck:

This letter officially acknowledges the return of the following works of
art from your office to the Division of Cultural and Environmental
Programs:

FA308 Thomas J. Mitchell *Adobe House, Taos*

FA62 Andre Juris *Old Quarry*

Thank you for the care and maintenance of the works during the time of
their loan.

Sincerely,

Alicia D. Weber

Director

Fine Arts Program

Copies of all loan forms and receipt letters must be maintained in the
central office fine arts archives.

***7.2 Long Term Loans***

Works of art may be placed on long-term loan to other federal agencies,
local governments, or non-profit organizations. For example, if a
building has left GSA's inventory, and the acquiring agency is not able
to accept ownership of artwork in the building, GSA may retain ownership
of the artwork but consider it a long-term loan to the agency. In such
cases, the Regional Fine Arts Officer is considered the main point of
contact and the artwork is cataloged and inspected following established
GSA procedures. A loan form should be completed for long-term loans for
the maximum of a five-year period, and kept current.

For WPA artwork on long-term loan to non-federal repositories (See
Chapter 1 for further information) a Memorandum of Agreement (MOA) is
prepared. Copies of all loan forms and MOAs must be maintained in the
central office fine arts archives.

***7.3 Artwork in Office Space***

The Loan Program is not a decorative program, and original works of art
are not intended for installation in private offices. It is very
difficult to maintain original works of art in working office space. The
protection of the works of art in GSA's Fine Arts Collection is the
overriding priority in order to preserve this legacy for future
generations. Therefore, we are very careful of the environment in which
works on loan are placed. We also limit the duration of time works may
be loaned to no more than one year. At regular intervals works are
recalled to stabilize at the Fine Arts Storage Facility.

***CHAPTER 8. INTERPRETATION, EXHIBITION AND EDUCATION***

This chapter discusses educational and outreach programs for the Fine
Arts Collection.

*Authorities and References*

-   The Art in Architecture Program Procedures as distributed February
    10, 1995, details the requirements for Public Affairs and Education
    and Identification of Works of Art commissioned artwork for GSA.

-   The Americans With Disabilities Act of 1990 (42 U.S.C. 12181) and
    Accessibility Guidelines (28 CFR Part 36) prohibit discrimination on
    the basis of disability and require places of public accommodations
    and commercial facilities to be designed, constructed, and altered
    in compliance with the Americans with Disabilities Act -
    Accessibility Guidelines.

-   The Copyright Act of 1976 (17 U.S.C. § 102(a)) provides protection
    to authors of "original works of authorship," including literary,
    dramatic, musical, artistic, and certain other intellectual works.

***8.1 Architectural Barriers Act of 1968 and Americans with
Disabilities Act of 1990 Considerations***

*Design for Accessibility: An Arts Administrator's Guide*, published
jointly by the National Endowment for the Arts (NEA) and the National
Assembly of State Arts Agencies (NASAA), is designed to help make access
an integral part of arts organizations programs. The introduction
states:

> "People are only disabled by the barriers they encounter. Let us be
> about the business of designing with a universal approach so that the
> cultural environment enables full participation."

The Guide includes an Arts Accessibility Checklist for Exhibition and
Exhibition Labeling that should be considered when designing exhibits
and installation. Information on the Guide and other accessibility
publication are available online at:
[www.arts.gov/pub/Access_Publications](http://www.arts.gov/pub/Access_Publications).
In addition, the American with Disabilities Act Accessibility Guidelines
(ADAAG) offers information on line at:
[www.access-board.gov/adaag](http://www.access-board.gov/adaag).

***8.2 Interpretation***

Interpreting the meaning, history, and context of works of art in the
Fine Arts Collection is necessary in order for employees, visitors and
the general public to understand and appreciate them.

*Brochures*

An interpretive brochure containing information on the commissioned
artist and artwork should be prepared for all Art in Architecture
projects at the time of installation and/or dedication. Brochures may
also be prepared for conservation and reinstallation projects. Sample
brochures are available from the Art in Architecture and Fine Arts
programs.

*Plaques and Signage*

All works installed in federal buildings should be accompanied by
interpretive plaques containing information on the artist, title, date,
materials, commissioning program and brief description. The size of the
plaque may vary from 11" x 14'' for large works of art, to 3" x 5" for
smaller portable works of art. Plaques may be of a variety of finishes
but should conform to the sample formats provided. In accordance with
the Americans with Disabilities Act permanent plaques should be produced
in a minimum 18 Point Print. Braille versions should be considered when
possible.

*Sample Interpretive Plaques*

**ALBERT PALEY**

***PASSAGE***

[**1995**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Cor-ten Steel: 30' high.

Albert Paley was born in Philadelphia in 1944. He studied at the Tyler
School of Art, Temple University in Philadelphia. Mr. Paley is known
internationally not only for his monumental metal sculptures, but also
for his work in the decorative arts, identified by his use of
interwoven, organic forms.

*\"Passage"* forms a portal that invites pedestrians to pass through, or
walk around, the sculpture into the plaza - a passage. The height of the
sculpture complements the verticality of the building, and the organic
forms act as counterpoint to the formal geometry of the building and
plaza area. The sculpture serves as a reminder of the natural world,
which is so much a part of the ambiance of Asheville. The visual
character of the piece will change during the course of the day, from a
dramatic silhouette at sunrise and sunset, to a dynamic display of
fractured light and shadows as the sun moves through the sky.

**Commissioned for the United States**

**by the General Services Administration**

**Art in Architecture Program**

All works of art on loan to other federal agencies or public
institutions must be accompanied by a 3" x 5" interpretive plaque as
illustrated in the example below:

> **JAMES FRAZER**
>
> ***PHOTOGRAPH #2***
>
> **1980**
>
> Jim Frazer was born in Atlanta, Georgia, in 1949. He received a B.A.
> from Amherst College in 1971 and an M.V.A. from Georgia State
> University in 1973. He has taught at Georgia State University and
> Atlanta College of Art. His work is represented in the collections of
> The High Museum of Art, in Atlanta, and the Georgia Art Bus. This is
> one of five hand-colored photographs by Mr. Frazer selected for this
> building. (FA1627)
>
> ***FINE ARTS COLLECTION***
>
> ***PUBLIC BUILDINGS SERVICE***
>
> ***GENERAL SERVICES ADMINISTRATION***

*Press Release*

A press release introducing Art in Architecture commissions to the local
public is also developed for each project. Press releases may also be
prepared for larger conservation and reinstallation projects.

*Sample Press Release*

**ART-IN-ARCHITECTURE PROGRAM**

**U.S. FEDERAL BUILDING**

**ASHEVILLE, NORTH CAROLINA**

The General Services Administration (GSA) is pleased to announce an Art
in Architecture Project located at the new U.S. Federal Building in
Asheville, North Carolina.

A monumental sculpture by Albert Paley, *\"Passage\"*, is being
installed in the entry plaza of the new U.S. Federal Building. This 30'
high cor-ten steel sculpture forms a public thoroughfare to the
pedestrian plaza of the building. A 15' opening in the lower half of the
sculpture forms an archway that invites pedestrians to pass through, or
walk around, this portal - a passage. The height of the sculpture
complements the verticality of the building, and the organic forms used
in *Passage* act as counterpoint to the formal geometry of the building
and plaza area. The sculpture serves as a reminder of the natural world,
which is so much a part of the ambiance of Asheville. The visual
character of *Passage* will change during the course of the day. At
sunrise and sunset the sculpture will function as a dramatic silhouette.
As the course of the sun moves through the sky, *Passage* will exhibit
dynamically fractured light and shadows.

Mr. Paley is an internationally known sculptor, and is represented in
numerous collections nationwide, including: the Metropolitan Museum of
Art, New York, NY; the Newark Museum, NJ; the National Museum of
American Art, Washington, DC; the Philadelphia Museum of Art, PA; the
Museum of Fine Arts, Boston, MA; the Cooper-Hewitt Museum, NY; the
Hunter Museum, TN; the Delaware Art Museum, DE; the Birmingham Museum of
Art, AL; and other civic and private collections.

Public art which graces federal buildings today reflects our cherished
and strongly held belief in the worth of the individual and the value of
creative expression. Our art is everything we are - sometimes serene,
quiet, and introspective; at other times bold, rowdy, unrestrained, and
confident. American art portrays the spirit of the nation, it reflects
the full range of our experiences and passions; the freedom that we
experience in our art is the freedom that we live.

The federal government\'s Art in Architecture Program continues to act
as a sign reminding us, and the world, of the importance of creativity
in our lives, to our families, our work and our country.

*Passage* will be significant addition not only to the city of
Asheville, but also to Art in Architecture\'s national collection.

***8.3 Design Excellence & the Arts Exhibit Program***

In 2002, the Fine Arts Loan Program was incorporated into the Design
Excellence and the Arts Exhibit Program. The goals of the Loan Program
and Exhibit Program are consistent.

*Goals*

The goal of the Design Excellence & the Arts Exhibit Program is to make
the original works of art in GSA's Fine Arts Collection available to the
largest public audience. These commissioned civic works of art were
produced with taxpayer's funds and represent the history and culture of
our country. They should be placed in public institutions where they
will be available to the American people in order to:

-   educate and teach the history and cultural heritage of the United
    States as reflected in the design, art, and architecture of federal
    buildings in GSA's portfolio;

-   and increase the awareness, understanding, and accessibility of
    works of art in GSA's Fine Arts Collection;

-   and to enhance the work environment of the federal and local
    governments and public institutions.

In addition, exhibits are currently produced and installed on a regular
basis in the third wing lobby of GSA's central office building. Exhibits
have also been installed at museums, art organizations, and courthouses
in the Washington, DC metropolitan area.

*Audience*

The Exhibit Program allows for the loan of artwork to museums, public
institutions, and federal buildings. Primary consideration is given to
museums and similar public institutions that provide the necessary
environmental and security standards to insure the proper display and
protection of the works of art. These institutions also allow artwork to
reach a broad audience of scholars, researchers, and the general public.
The audience also includes federal employees and visitors to the central
office and other federal agencies. In conjunction with the exhibits,
numerous tours for school groups and other federal agencies have been
conducted, and lectures by prominent artists have been presented.

*Benefits*

The exhibits program improves and enhances the GSA work environment. The
benefits of the exhibit program includes not only a better understanding
and appreciation of the Fine Arts Collection by GSA employees, visitors
and the general public, but also better care and maintenance by property
managers and custodians.

Several regions have developed their own exhibits, and all regions are
encouraged to do so. Exhibits produced by the central office mentioned
above are available for loan to regional offices, as well as local
museums, and university galleries. The borrowing organization must pay
for transportation costs. Loans and transportation are managed as
outlined in Chapter 4 and Chapter 7. All works of art for exhibits are
accompanied by a loan form and an inspection form noting the condition
of the artwork at the time of the loan.

***8.4 Educational and Outreach Programs***

Other educational activities such as tours for school groups and other
federal agencies, and lectures by prominent artists are encouraged as a
means of broadening the understanding and appreciation of artwork in
federal buildings. All Art in Architecture acquisitions must include an
interpretive plaque and brochure containing information on the artist,
the artwork, and the program. The Art in Architecture Program also
endeavors to insure that the artist and the artist\'s work is introduced
to the public-at-large via media coverage, workshops, or other adequate
means. Coverage should include background information on the artist and
information on the development and significance of the commissioned
work. This effort shall be supported by and coordinated with the Center
for Design Excellence & the Arts, Office of the Chief Architect (PCE).

***8.5 Photography and Captions***

Many federal buildings and U.S. Courthouses are very sensitive regarding
the use of cameras and have strict requirements. Arrangements for the
use of cameras and photographing artwork should be made in advance with
the property manager.

When photographs of GSA artwork are used, the name of the artist, the
title, the date, and the location should be included. All photographs
should be captioned:

Courtesy of General Services Administration

Public Buildings Service

Fine Arts Collection

***8.6 Fine Arts Collection and Copyright Law***

United States copyright law protects the rights of the creators of
"original works of authorship fixed in any tangible medium of
expression, now known or later developed."[^1] The author/creator is
defined by the Supreme Court as "the person who translates an idea into
a fixed, tangible expression."[^2]

However, copyright and ownership are separate interests. While the
General Services Administration (GSA) owns a work of art, it does not
necessarily mean that it is the owner of the copyright. There are a
number of rights associated with copyright law. The two rights that are
most relevant to the Fine Arts Collection are the right to reproduce and
the right to distribute copies of the work of art.

# Federal Employees

Federal Copyright law is codified in Title 17 of the United States Code
and stipulates that "copyright protection under this title is not
available for any work of the United States Government."[^3] A work of
the United States Government is "prepared by an officer or employee of
the United States Government a part of the person's official duties."
Consequently, when a federal government employee produces works of art
as a part of his or her scope of work---as was the case with some of the
artists employed by the New Deal federal art projects---the works of art
are not protected by copyright law.

This law affects the reproducibility of works of art in GSA's Fine Arts
Collection in that the works created under the Public Works of Art
Project (PWAP), the Treasury Relief Art Project (TRAP), and the Works
Progress Administration's Federal Art Project (WPA/FAP) are not
protected by copyright law. Under these programs, the artists were
**employed** by the federal government to create art as part of their
scope of work. Therefore these works of art can be reproduced and the
copies may be distributed without concern for copyright infringement.
While these works of art not protected by copyright, GSA requires that
the works of art be credited with the following credit line: Courtesy of
the General Services Administration, Public Building Service, Fine Arts
Collection.

# Contract Employees

The question of copyright ownership becomes more complex when the
Government commissions artists to create works of art. For example, the
Treasury Department's Section of Painting and Sculpture (later renamed
the Section of Fine Arts) contracted artists during the 1930s and early
1940s and the GSA's Art in Architecture program continues to contract
artists to create site-specific works of art. In either case, these
artists are not considered employees of the federal government and are
not necessarily prohibited from retaining a copyright interest in the
work of art. In order to definitively determine the owner of copyright,
the contract should be reviewed and/or legal counsel should be sought.
Ideally, the issue of copyright should be clearly agreed to by the
parties in the artist's contract.

A chart is provided in order to assist with the determination of
copyright status. In addition, further information on the basics and
duration of copyright protection are available online at:
[www.copyright.gov](http://www.copyright.gov/).

+--------------------+------------------------+-----------------------+
| **FEDERAL ART      | ## ART P               | #                     |
| PROGRAM**          | ROTECTED BY COPYRIGHT? |                       |
|                    |                        | # **EXPLANATION**     |
+--------------------+------------------------+-----------------------+
| Public Works of    | No                     | The artists were      |
| Art Project        |                        | federal employees,    |
|                    |                        | therefore the works   |
| (1933 -- 1934)     |                        | they produced became  |
|                    |                        | part of the public    |
|                    |                        | domain and are        |
|                    |                        | reproducible.         |
+--------------------+------------------------+-----------------------+
| The Section of     | Most likely no, but    | The artists were      |
| Painting and       | should be determined   | contracted to         |
| Sculpture          | on a case-by-case      | complete works of art |
|                    | basis.                 | for the federal       |
| The Section of     |                        | government, therefore |
| Fine Arts          |                        | the determination of  |
|                    |                        | copyright would       |
| (1934 -- 1943)     |                        | depend on the terms   |
|                    |                        | of the contract. In   |
|                    |                        | many cases, the       |
|                    |                        | federal government    |
|                    |                        | stated in the         |
|                    |                        | artist's contract     |
|                    |                        | that the full size    |
|                    |                        | cartoon, the          |
|                    |                        | completed mural and   |
|                    |                        | "all the rights of    |
|                    |                        | the Artist therein,   |
|                    |                        | shall become the      |
|                    |                        | property of the       |
|                    |                        | United States..."[^4] |
+--------------------+------------------------+-----------------------+
| Treasury Relief    | No                     | The artists were      |
| Art Project        |                        | federal employees;    |
|                    |                        | therefore the works   |
| (1935 -- 1939)     |                        | they produced became  |
|                    |                        | part of the public    |
|                    |                        | domain and are        |
|                    |                        | reproducible.         |
+--------------------+------------------------+-----------------------+
| Federal Arts       | No                     | The artists were      |
| Project/           |                        | federal employees;    |
|                    |                        | therefore the works   |
| Works Progress     |                        | they produced became  |
| Administration     |                        | part of the public    |
|                    |                        | domain and are        |
| (1935 -- 1942)     |                        | reproducible.         |
+--------------------+------------------------+-----------------------+
| Art in             | In general yes, but    | The terms of          |
| Architecture       | must be determined on  | copyright are         |
| Program            | a case-by-case basis.  | generally addressed   |
|                    |                        | in the artist's       |
| (1963 -- present)  |                        | contract, but must be |
|                    |                        | assessed on a         |
|                    |                        | case-by-case basis.   |
|                    |                        | In order to           |
|                    |                        | definitively          |
|                    |                        | determine the owner   |
|                    |                        | of copyright, the     |
|                    |                        | contract should be    |
|                    |                        | referenced or legal   |
|                    |                        | counsel should be     |
|                    |                        | consulted.            |
+--------------------+------------------------+-----------------------+

***CHAPTER 9. EMERGENCY PLANNING***

This chapter discusses emergency planning for the Fine Arts Collection.
GSA's Continuity of Operations Plans (COOP) provides site or activity
specific plans and procedures that "help insure the safety of GSA
personnel and allow GSA organizational elements to continue operations
in the event of an emergency or threat of an emergency. Each location at
which GSA employees are permanently assigned should have a COOP."^1^
Managing works of art in the Fine Arts Collection in emergency
situations should be included in the appropriate COOPs.

> *Authorities And References*

-   The Occupant Emergency Plan (OEP), 44 CFR 101‑2 focuses on
    protecting life and property in federally occupied space under
    certain emergency conditions, and directs the formation of an
    occupant emergency organization to perform OEP tasks.

-   The National Security Emergency Preparedness (NSEP) Handbook, ADM P
    2400.11B focuses on the role of GSA in providing support for
    domestic emergency operations in which there is federal involvement.

***9.1 What Is An Emergency?***

An emergency is a sudden, usually unexpected event that does, or could
do, harm to people, resources, property, or the environment. Emergencies
can range from localized events that affect a single office in a
building, to human, natural, or technological events that damage or
threaten, local, regional or national operations. The emergency could
cause the temporary evacuation of personnel or the permanent
displacement of personnel and equipment from the old site to a new
operating location.^2^ Hazards that can cause emergencies or disasters
are:

> **Natural Disasters**
>
> Blizzard or heavy snowfall
>
> Hurricane
>
> Severe thunderstorm
>
> Sleet, hail, and ice
>
> Tornado and wind storm
>
> Flash flood
>
> Slow-rising flood
>
> Tidal wave
>
> Range or forest fire
>
> Earthquake and mud slide
>
> Volcanic eruption or lava flow
>
> Drought (prolonged)
>
> **Industrial Disasters**
>
> Electrical power failure
>
> Fuel supply failure
>
> Water supply failure
>
> Sewer failure or backup
>
> Explosion
>
> Extreme/prolonged air pollution
>
> Fuel spill (major)
>
> Chemical spill
>
> Radiological materials spill
>
> Structural collapse
>
> Structural Fire

**Accidents that Involve**

Bodily injury

Broken fuel pipelines

Broken water or sewer pipes

Downed power or phone lines

Aircraft (crashes)

Construction equipment

Motor vehicles

Ships and boats

Trains

Transport of chemical or fuels

Transport of nuclear materials

Nuclear power plants or weapons

**Human Activity**

Accidents by individuals

Armed robbery

Arson

Bombing

Bomb threat

Conventional warfare

Nuclear warfare and fallout

Riot and civil disorder

Sabotage

Terrorist attack; hostage taking

Vandalism ^3^

\_\_\_\_\_

^1^ General Services Administration Continuity of Operations Planning,
1.1, page 1.

^2^ General Services Administration Continuity of Operations Planning,
1.8.e., page 4.

^3^ National Park Service, Museum Handbook, Part I, Chapter 10, page 5.

***9.2 Continuity of Operations Planning (COOP)***

*Policy*

It is the policy of GSA to respond quickly at all levels in the event of
an emergency in order to continue essential operations.

*Authorities And References*

The two key documents for COOP purposes are the Occupant Emergency Plan
(OEP), 44 CFR 101‑2 and the National Security Emergency Preparedness
(NSEP) Handbook, ADM P 2400.11B. The first focuses on protecting life
and property in federally-occupied space under certain emergency
conditions, and directs the formation of an occupant emergency
organization to perform OEP tasks. The second document focuses on the
role of GSA in providing support for domestic emergency operations in
which there is federal involvement. The NSEP Handbook provides guidance
for the GSA role in the broad context of federal response to a major
disasters or emergencies, while the OEP focuses on getting federal
employees and others safely out of a facility under a variety of threat
conditions. In general, implementation of the OEP is the first step in
responding to an emergency condition that affects a GSA site.

The activity or site‑specific COOP provides a bridge between these two
key documents, in that it focuses on each GSA element\'s responsibility
to continue essential functions under emergency conditions, including
emergency relocation to an alternate site.

*Objectives Of Continuity Of Operations Plans*

The objectives of a site‑specific COOP are to:

-   Insure the safety of GSA employees during an emergency

-   Reduce disruptions to operations

-   Protect essential equipment, records, and other assets

-   Minimize damage and losses

-   Provide organizational and operational continuity

-   Facilitate decision‑making during an emergency

-   Achieve an orderly recovery from emergency operations

-   Mitigate risks by identifying and meeting emergency needs before the
    emergency occurs^1^

*Objectives of Fine Arts Component of COOP*

GSA's Fine Arts Collection represents the history, ideals, and culture
of our country. To insure its protection and preservation for future
generations it is necessary to maintain an accurate record of the
current identification, location, condition, and appropriate contact for
works of art in the collection.

**Each location that has works of art from GSA's Fine Arts Collection**

**should notify the Regional Emergency Coordinator to determine if a**

**Fine Arts Component should be included in the COOP.**

\_\_\_\_\_

^1^ General Services Administration Continuity of Operations Planning,
1.1, pages 2-3.

*Central Office Responsibilities*

1.  Insure that Fine Arts and Art in Architecture databases are kept
    current of exact location, condition, and contacts for artwork in
    emergency situations.

2.  Provide accurate listing of artwork in specific facilities as
    requested or required.

3.  Notify proper authorities of any theft, damage, natural disasters,
    etc..

*Regional Responsibilities*

1.  Determine if COOP plans exist and insure that protection of artwork
    in emergency situations is adequately addressed. See Section 9.3 for
    requirements.

2.  

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2.  Check once a year to insure that plans are current and identified
    personnel are still available.

3.  Copies of the Fine Arts Component of the COOP plan should be
    maintained in:

-   the regional office with the Regional Fine Arts Officer,

-   the central office in the central archives,

-   and with the local appointed staff member.

4.  Notify central office of any theft.

***9.3 Objectives of Emergency Planning***

The primary objectives of emergency planning are as follows:

1.  To anticipate and, if possible, to avoid emergencies.

2.  To retain control when an emergency occurs.

3.  To recover control as quickly as possible if control is lost.^1^

It is important to anticipate and identify special circumstances,
situations, or geographic areas that create potential hazards such as
earthquakes, floods, annual parades, etc. and provide protective
measures or training. For example, protecting or restricting access to
Clement Meadmore's painted steel sculpture, *Out of There*, located on
the plaza of the Hale Boggs Federal Building and U.S. Courthouse in New
Orleans, Louisiana during Mardi Gras.

\_\_\_\_\_

^1^ National Park Service, Museum Handbook, Part I, Chapter 10, page 2.

*Protecting Museum Collections from Disasters*

Protective measures fall into the following four categories that are
summarized below:

-   mitigating measures

-   preparedness measures

-   response measures

-   recovery measures

***Before***

> ***Mitigating measures*** seek to eliminate the hazards that threaten
> the collection or to reduce the effect those hazards would have if
> they ever are manifested. Mitigation necessarily takes place in
> advance of something happening.
>
> ***Preparedness measures*** are put in place so that responsible
> personnel can act appropriately during an emergency, particularly if a
> disaster might be imminent and they might be able to avert it or
>
> minimize consequent damage. Preparedness includes staff training and
> the development of call up lists, resource lists, and stockpiles of
> supplies and equipment. Some preparedness measures must be put in
> place before anything happens, while others come into play only as an
> emergency develops.
>
> *GSA Actions*
>
> The Fine Arts Component of the COOP should:

1.  Appoint a local responsible party (fine arts officer, asset manager,
    facility manger).

2.  Prioritize assets at each site.

3.  Identify emergency personnel and telephone number (local museum
    professional, local conservator).

***During***

> ***Response measures*** are taken when a disaster strikes without
> warning, when mitigating and preparedness measures have failed to
> prevent a disaster or when measures have been taken but damage has
> occurred anyway. The purpose of response measures is to prevent
> further damage to collections and to stabilize those that have been
> damaged so that they do not deteriorate further before they can
> receive attention from professional conservators. Response measures
> attempt to retain or to reestablish control over the situation.
>
> *GSA Actions*
>
> The Fine Arts Component of the COOP should:

1.  Define procedures for removing portable works of art from emergency
    situations and place in a secure location (local museum, university
    gallery).

2.  Secure installed artwork at site. Protect, cover, wrap or enclose
    artwork from emergency situation if possible.

3.  Notify appropriate personnel of actions taken:

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a)  Property manager,

b)  Regional Fine Arts Officer/Fine Arts Program,

c)  and Federal Protective Service.

***After***

> ***Recovery measures*** occur after an event has happened. They are
> designed to enable the return to normality in an orderly, phased,
> reasoned, and methodical fashion. Recovery measures begin when the
> disaster situation has stabilized and professionals have evaluated the
> damage and suggested further, long-term actions. Recovery can be a
> long process, taking years in some cases. Recovery measures solidify
> control over the situation.^1^
>
> *GSA Actions*
>
> The Fine Arts Component of the COOP should:

1.  Salvage all parts of artwork. Retrieve, package and label any pieces
    or parts of artwork.

2.  Assess damage to artwork. Complete Fine Arts Damage Report.

3.  Contact emergency local conservator for professional
    assessment/stabilization.

4.  Report all damage and current location of artwork to Regional Fine
    Arts Officer, Fine Arts Program, and Commissioner, PBS.

# Sample Damage Report

GENERAL SERVICES ADMINISTRATION

Fine Arts Damage Report

##### FA Number: \_[FA1681]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

##### Date: \_[1977]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Artist: \_[Eversley,
Frederick]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Title:
\_*[Untitled]{.underline}*\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**When was the damage discovered?**

**\_[On April 19, 1995 the Alfred P. Murrah Building in Oklahoma City,
OK was bombed. After rescue activities,]{.underline}**

**[the building was demolished on May 23, 1995. This is one of 22 works
of art retrieved from the building.]{.underline}\_\_\_\_**

**What was the cause of damage?**

**I.e. Accident, Vandalism, Deterioration? Water? Heat? Mold? Smoke?**

**\_[Domestic
terrorism/bombing]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**What are the physical changes that occurred?**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**What is the damage estimated to be? Irreparable?
\_\_[X]{.underline}\_\_\_\_ Requires Treatment?
\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**If the object broke, were all the pieces recovered?
\_[NO]{.underline}\_\_\_\_\_ If so, where are they located?
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**What is missing? \_[Piece broken off, approximately 1/3 broken
off.]{.underline}
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Additional comments:**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Filled out by: Date:**

**\_[Alicia Weber, PCE,
202-501-1554]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_[09/17/02]{.underline}\_\_\_\_\_\_\_\_\_\_**

\_\_\_\_\_

^1^ National Park Service, Museum Handbook, Part I, Chapter 10, page 9
(from NPS 28, Cultural Resource Management Guideline).

***CHAPTER 10. RELOCATION, REMOVAL & DEACCESSIONING***

This chapter discusses situations that may require the relocation,
removal or deaccessioning of works of art from the Fine Arts Collection
and the procedures to accomplish such actions.

*Authorities and References*

-   Bulletin of March 26, 1934, "Legal Title to Works Produced under the
    Public Works of Art Project (PWAP)" \[1933-1934\] states:

1.  All works of art executed with the intent that they should occupy a
    particular place in some public building are to be treated as part
    of that building.

2.  The same rule applies to any piece of sculpture executed for the
    purpose of being definitely placed in any building or in a public
    park.

-   Visual Artists Rights Act of 1990, Section 106A, U.S. Code
    Annotated, Title 17, Copyrights, PL101-650 provides "moral rights"
    to artists creating works of visual art after June 1, 1991. These
    rights are chiefly the rights of attribution and integrity. They
    provide that all artists have rights controlling the use of their
    name in relation to their work, the right to prevent any
    modification of their work that would be prejudicial to their
    reputation, and the right to prevent the destruction of their work
    if it is of recognized stature. These rights are vested with the
    artist throughout their entire lifetime, and may prohibit removal,
    modification, or destruction of artwork.

-   Section 106 of the National Historic Preservation Act (16
    U.S.C. 470) mandates that federal agencies identify historic
    properties that may be affected by their projects, take historic
    properties into account when planning an undertaking, and that they
    allow the State Historic Preservation Office, Certified Local
    Governments, and the Advisory Council on Historic Preservation a
    reasonable opportunity to comment on federal projects that have the
    potential to affect historic properties. This process may be lengthy
    and should be initiated as early as possible.

-   Postal Reorganization Act, as amended, (39 U.S.C., Section 101, et
    seq.) August 12, 1970, provided for the transfer of selected federal
    properties from the General Services Administration (and other
    agencies) to the Postal Service. Included in this transfer was "all
    real property 55 percent or more of which is occupied by or under
    the control of the former Post Office Department\...." (39 U.S.C.
    Section 2002(c).)

-   Federal Property Management Regulations (FPMR), 41 CFR 101, Sections
    43, 44, 45, defines requirements for the Utilization, Donation, and
    Sale, Abandonment or Destruction of personal property.

-   Federal Property and Administrative Services Act of 1949, Title II,
    Property Management, Section 203 defines requirements for the
    Disposal of Surplus Property.

***10.1 Policy***

Since the scope of the Fine Arts Collection includes artwork
specifically commissioned to enhance the architecture of federal
buildings, and since the current acquisition of artwork through the Art
in Architecture program includes participation of the local community,
it is the policy of the GSA to retain the original location of installed
works of art.

***10.2 Relocation***

*Considerations*

Adverse public opinion does not justify the relocation or removal of
artwork. However, the relocation of works of art may be necessitated due
to such situations as material deterioration or redesign of original
space. Only in certain circumstances is the relocation or removal of
artwork allowed, as outlined in the following examples:

-   property disposal - the building is scheduled for excess and/or
    demolition and the artwork would be destroyed

-   functionality of building has changed - circulation patterns have
    changed or space has been redesigned in order to meet ADA or other
    compliance requirements and the artwork could be adversely impacted

-   fragility of materials - the current environment could harm the
    artwork, for example, the Lucas Samaras sculpture in New Orleans was
    placed in storage until a suitable interior location could be found
    to protect it from climatic deterioration

-   building destroyed due to disaster - the artwork survives the
    destruction of the building, for example, the artwork from the
    Murrah Federal building was placed in storage following the bombing
    of the building

-   space previously altered - the artwork was placed in storage many
    years ago due to space alteration, for example, the Paul Cadmus and
    Jared French murals were placed in storage in 1973 as part of a
    space alteration project, but conserved and reinstalled in the
    adjacent building in 1998.

# Steps to Follow - Property Disposal

The following procedures must be followed:

1.  The Center for Design Excellence & the Arts, Office of the Chief
    Architect (PCE) must be notified of buildings scheduled for excess
    or relocation that contain artwork as part of the building.

2.  Artwork produced under the PWAP, covered by the Visual Artists
    Rights Act, or the removal of which would have an adverse impact on
    the historic fabric of the building should not be removed.

3.  If the building is to be used for another public function with
    public access, the artwork may be transferred to the new agency or
    government as long as its preservation and public accessibility can
    be assured.

4.  If the new agency or entity cannot insure the future preservation
    and accessibility of the artwork, the artwork should remain the
    property of GSA and may be placed on long-term loan to that agency.

5.  If the building will not have future public access, or is to be
    altered in a manner that would harm the artwork, the artwork should
    remain the property of GSA who will find another suitable location
    for the artwork. Whenever possible, GSA will try to find a new
    location in the local area.

6.  All excess or transfer documents should:

-   identify the artwork, including artist, title, date, dimensions,
    material, and location

-   state the disposition of the artwork

-   provide protective covenants should insure that the artwork will be
    preserved in the future and made available for public viewing.

7.  Whenever possible, the artwork should be accompanied a by an
    interpretive plaque stating that the artwork was commissioned for
    the American people by the United States government.

8.  Excess documents that include artwork must have a copy filed with
    PCE.

*Steps to Follow - Relocation*

Whenever possible, GSA endeavors to relocate artwork in the Fine Arts
Collection. The following procedures must be followed:

1.  All requests for relocation must be made in writing to the Director,
    Center for Design Excellence & the Arts, Office of the Chief
    Architect. Requests should include the reason for relocating the
    work of art and a proposed schedule.

2.  Every effort must be made to contact the artist and inform them of
    the situation. If possible, GSA will try to work with the artist to
    determine a suitable new location, or get their approval of a new
    location recommended by GSA. Approval should be in the form of a
    written letter.

3.  A professional conservator must be consulted to insure the safety
    and protection of the artwork during relocation. See Chapter 6.

4.  For works of art that are covered by the Visual Artists Rights Act
    of 1990 (VARA) the artist must be contacted and written approval
    acquired.

**Any new or temporary location must be noted**

**in the Fine Arts and Art in Architecture databases.**

*Finding a New Location*

For historical and financial reasons, artwork should be relocated as
close as possible to its original location. The artwork should include
information on its original location as part its interpretation in order
to retain the original context of the work as much as possible.

In finding a new location, the following guidelines must be followed:

1.  Every effort should be made to relocate artwork in a
    publicly-accessible space in an appropriate federal building.

2.  If a suitable federal location cannot be found, every effort should
    be made to locate publicly-accessible space in an appropriate local
    government building.

3.  If a suitable local government location cannot be found, the artwork
    may be placed in an appropriate local site due to its subject matter
    or connection to the local community.

*Funding*

The relocation of artwork resulting from a specific Repair and
Alteration project must be funded through the project.

Conservation funds may be available for some relocation projects due to
the fragility of material or in cases where the artwork was placed in
storage many years ago. All requests for funding should be made through
the Regional Fine Arts Officer to the Director, Fine Arts Program.

**All removal and transport of artwork should be accomplished by a**

**professional art transport company. See Chapter 4, 4.4.**

***10.3 Removal***

*Considerations*

A work of art should not be removed, or covered from public view, simply
because it is controversial or unpopular. However, if leaving the
artwork in its current location is detrimental to the condition of the
artwork, or endangers life safety, removal may be considered.

# Steps to Follow -- Removal

Requests for the removal of artwork(s) shall be considered and reviewed
in accordance with the following procedures:

1.  The Regional Administrator shall submit a proposal for the removal
    of such artwork(s) to the Commissioner, PBS. The proposal should
    include a background and issues statement, proposed action, and the
    advantages and disadvantages of the proposed action.

2.  The Director, Center for Design Excellence and the Arts, Office of
    the Chief Architect, will review the regional proposal and, after
    consultation with interested parties both within and outside GSA,
    will prepare and submit a removal or relocation report to the
    Commissioner, PBS. The removal or relocation report will include the
    following: a summary of the issues; advantages and disadvantages of
    the proposed action; the regional proposal; and a recommendation to
    the Commissioner, PBS.

3.  After reviewing the report and considering the recommendations, the
    Commissioner, PBS, may forward a recommendation to the Administrator
    for final decision.

> *Storage*

If a suitable new location for artwork cannot be found, the artwork may
be removed and placed in storage until an appropriate location is found.
See Chapter 6.5.

***10.4 Deaccessioning***

Deaccessioning is the formal procedure by which objects are permanently
removed from the Fine Arts Collection through exchanges, transfers, or
involuntary destruction. The best deaccession policy is a good accession
policy. All deaccessioning actions should meet the highest standards of
the museum profession, serve the best interests of the agency and the
people of the United States, and maintain the confidence of the public
trust.^1^

*Consideration of Deaccessioning*

A work of art may be considered for deaccessioning in the following
situations:

-   return to the rightful owner - the artwork was acquired from
    previous holders who were not the legal owners or not rightfully
    acquired. Deaccession in this situation should occur only in
    accordance with a solicitor's opinion. A copy of the opinion or
    court order should be placed in the appropriate file in the central
    archives.

-   loss or involuntary destruction - the artwork has suffered an
    "unintentional loss" such as:

-   stolen and not recovered;

-   vandalized beyond repair;

-   consumed or effectively destroyed by fire, flood, or other disaster;

-   destroyed by biological or chemical attack;

-   and outside of the scope of the collection - the artwork is clearly
    not within the scope of the collection.^2^

*Steps to Follow - Deaccessioning*

1.  If a work of art is deaccessioned from the Fine Arts Collection, a
    copy of all documentation must be maintained in the Fine Arts or Art
    in Architecture file in the central archives.

2.  The work of art should remain in the Art in Architecture database,
    but noted "Removed" under project status, and explained under the
    Artwork Description memo field. Works deaccessioned from the Fine
    Arts Collection are deleted from the database, and all background
    information filed in the artist file.

3.  As personal property, the artwork should be reported as excess
    personal property. See Appendix A.

***10.5 Art in Architecture***

The removal or relocation of artwork(s) designed for installation at
specific sites should only be considered after the work or works of art
have been in place for a minimum of 5 years. The 5-year
relocation/removal guideline can be waived when life safety risks,
conservation, or preservation issues are involved. The Visual Artists
Rights Act of 1990, 17 U.S.C. 106A(e) applies to removal, movement or
other relevant effects.

# Steps to Follow -- Art in Architecture and Fine Arts

The steps for Art in Architecture and Fine Arts artwork removal are
identical. Requests for the removal or relocation of artwork(s) shall be
considered and reviewed in accordance with the following procedures:

1.  The Regional Administrator shall submit a proposal for the removal
    or relocation of such artwork(s) to the Commissioner, PBS. The
    proposal should include a background and issues statement, proposed
    action, and the advantages and disadvantages of the proposed action.

2.  The Director, Center for Design Excellence & the Arts, Office of the
    Chief Architect, will review the regional proposal and, after
    consultation with interested parties both within and outside GSA,
    will prepare and submit a removal or relocation report to the
    Commissioner, PBS. The removal or relocation report will include the
    following: a summary of the issues; advantages and disadvantages of
    the proposed action; the regional proposal; and a recommendation to
    the Commissioner, PBS.

3.  After reviewing the report and considering the recommendations, the
    Commissioner, PBS, may forward a recommendation to the Administrator
    for final decision.

***10.6 Dispute Resolution***

In situations where disputes over the removal of artwork cannot be
resolved, the region in which the subject work of art is located may
elect to use a mediation process.

\_\_\_\_\_

^1^ Department of the Interior, Museum Property Handbook, Volume II,
Chapter 6, page 1.

^2^ Department of the Interior, Museum Property Handbook, Volume II,
Chapter 6, pages 11 - 13.

Consideration for removal, relocation, or deaccessioning a work of art
should involve the same degree of careful review as a decision to
commission a work of art, informed by professional judgment and the
interests of the public, and proceeding according to set procedures.

In cases where proposed removal cannot be resolved and mediation is
necessary, the following are possible actions:

1.  The Commissioner, PBS, must determine that reasonable measures to
    resolve the concern prompting review have been taken in good faith
    and have failed to resolve the concern, and removal should be
    considered.

2.  The Fine Arts Program, PCE, through the Regional Fine Arts Officer,
    shall ask a competent but objective third party nonprofit
    organization to assist by designating a review panel of
    disinterested persons qualified to make a final determination. The
    selection of the mediating organization should be by mutual consent
    of the parties to the dispute. The review panel should include a
    balance of viewpoints from the fields of visual arts (artists,
    curators, art historians, arts administrators); designers
    (architects, landscape architects, urban planners); and the broader
    community (preservationists, arts or public interest lawyers, social
    psychologists, policy analysts, community activists). The review
    panel members must not have vested interests in the project; that
    is, the artist, project architect, Art in Architecture Community
    Fine Arts Panel members or staff; and the individual or group who
    requested removal of the artwork may not be members of the review
    panel.

3.  The review panel shall evaluate the following points:

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A.  Assess whether the Fine Arts Program and the Commissioner, PBS, were
    correct in their determination that reasonable efforts to resolve
    the dispute were taken in good faith and have failed to achieve
    resolution.

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i.  Explore whether measures to resolve the concerns short of removal
    can be taken and, if so, make recommendations to the Fine Arts
    Program.

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B.  If the review panel recommends specific measures to resolve the
    concern, short of relocation or removal, the Fine Arts Program shall
    be given a reasonable time to carry out the measures.

C.  If measures are unsuccessful, the review panel must notify the Fine
    Arts Program that the dispute has not been resolved.

D.  The review panel should consider the following actions in order of
    priority:

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i.  Relocation. If the work was created for a specific site, relocation
    to a new site must be consistent with the artist's intentions.

-   Contact the artist for consent and assistance.

ii. Removal by means of extended loan to another public entity.

-   An independent appraisal of the fair market value of the artwork
    must be obtained.

-   If feasible, the artist should be given first option on purchase.

-   Proceeds from the sale shall go towards conservation or maintenance
    of artwork.

iii. Deaccession of the artwork and report it as excess personal
     property. See Appendix A.

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4.  The review panel's decision should be returned to the Fine Arts
    Program and their recommendations may be forwarded to the
    Administrator for final decision.

5.  The Fine Arts Program shall document the process and the decision.
    Copies of the documentation must be maintained in:

-   the regional office,

-   and the central office.

***APPENDICES***

***APPENDIX A WHO TO CALL***

***Central Office Personnel***

*Office of the Chief Architect (PC)* 202-501-1888

*Design Excellence and the Arts (PCE)*

  ------------------------------------------ ------------ ------------ -------
  **CENTER FOR DESIGN EXCELLENCE AND THE                                
  ARTS (PCE)**                                                         

  **Marilyn Farley, Director**               \(202\)      PCE          3341
                                             501-2635                  

  Bracey, Susan E.                           \(202\)      PCE          3341
                                             501-0019                  

  Caine, William                             \(202\)      PCE          3341
                                             501-4271                  

  Carroll, Lois                              \(202\)      PCE          3341
                                             501-0205                  

  Erickson, Kathryn                          \(202\)      PCE          3341
                                             501-4332                  

  Foster, Ginger                             \(202\)      PCE          3341
                                             501-1465                  

  Gibson, Jennifer                           \(202\)      PCE          3341
                                             501-0930                  

  Goodell, Gretchen                          \(202\)      PCE          3341
                                             501-0662                  

  Grooms, Thomas                             \(202\)      PCE          3341
                                             501-4941                  

  Harrison, Susan                            \(202\)      PCE          3341
                                             501-1812                  

  Hayes, Jeffreen                            \(202\)      PCE          3341
                                             208-1148                  

  Lednum, Taylor                             \(202\)      PCE          3341
                                             208-5561                  

  Nguyen, May                                \(202\)      PCE          3341
                                             219-1086                  

  Walton, Thomas                             \(202\)      PCE          3341
                                             501-1866                  

  Weber, Alicia                              \(202\)      PCE          3341
                                             501-1554                  

                                                                       

  **Federal Supply Service**                                           

                                                                       

  Office of Transportation & Property        \(703\)      Property     
  Management                                 305-7240     Management   
                                                          Division     
  ------------------------------------------ ------------ ------------ -------

***Regional Personnel***

*The Regional Fine Arts Officers (RFAOs) are:*

*New England Region*

Janine Kurth 1PC 617-565-5072\
\
*Northeast & Caribbean Region*

Lorraine Haucke 2PCL 212-264-3544\
\
*Mid-Atlantic Region*

Eileen Giordano 3PM 215-656-5667\
Trudy Wang 3PM 215-656-5816\
\
*Southeast Sunbelt Region*

Audrey Entorf 4PT 404-562-0671

Jeff Jensen 4PT 404-562-1354\
\
*Great Lakes Region*

Caroline Sachay 5PT 312-353-0744

Mike Finn 5PT 312-886-3529

*The Heartland Region*

Bernd Ostermann 6PC 816-926-5294\
\
*Greater Southwest Region*

Steve Kline 7PMS 817-978-4229\
\
*Rocky Mountain Region*

Janet Preisser 8PP 303-236-7131 x248

*Pacific Rim Region*

Don Douglass 9PCN 415-522-3145\
\
*Northwest/Arctic Region*

Kelly Sarver-Linderink 10PC 206-931-7332\
\
*National Capital Region*

Andrea Mones WPT 202-708-5334

Tom McDowell WPT 202-208-6812

*The Regional Directors, Property Development are:*

*New England Region*

Tom Mailander 1PC 617-565-4691\
\
*Northeast & Caribbean Region*

Andy Gerardi 2PCL 212-264-4245\
\
*Mid-Atlantic Region*

Lisabeth Baumann 3PM 215-656-7425\
\
*Southeast Sunbelt Region*

Buddy Hill 4PC 404-331-7678

*Great Lakes Region*

Don Whitacre 5PC 312-353-8742

*The Heartland Region*

John Casey 6PC 816-823-4900\
\
*Greater Southwest Region*

Len Murphy 7PD 817-978-3452\
\
*Rocky Mountain Region*

Robert Dunn 8PF 303-236-7070 x222

*Pacific Rim Region*

Cathy Lee 9PC 415-522-3088\
\
*Northwest/Arctic Region*

Dan Brown 10PD 253-931-7321\
\
*National Capital Region*

Doug Nelson WPC 202-708-6550

*The Regional Design Excellence Peers are:*

*New England Region*

Tom Mailander 1PC 617-565-4691\
\
*Northeast & Caribbean Region*

Andy Gerardi 2PCL 212-264-4245\
\
*Southeast Sunbelt Region*

Buddy Hill 4PC 404-331-7678

Brian Kimsey 4PCC 404-331-5330

*Great Lakes Region*

Bob Theel 5PC 312-353-1445

Camdon Hindes 312-353-5984

*Rocky Mountain Region*

Kim Bailey 8PF 303-236-7070 x239\
Al Camp 8PF 303-236-7070 x257

*Pacific Rim Region*

Maria Ciprazo 9PC 415-522-3128

Keith Lew 9PC 415-522-3147\
\
*Northwest/Arctic Region*

Dan Brown 10PD 253-931-7321\
\
*National Capital Region*

Tony Alonso WPC 202-708-7293

*The First Impressions Regional Champions are:*

# New England Region

Kevin McGill, 860-240-3575, RC/BM

Wally Rogowicz, 603.666.7584, RC

# Northeast & Caribbean Region

Manuel Massa, 212.264.8785, RC/D

Brian Tait, 973.645.2413, RC/BM

# Mid-Atlantic Region

Laura Park Smith, 215.656.5910, RC/D + Signage

Abby Smith, RC

# Southeast Sunbelt Region

Beverly Bell, 404.331.3120, RC/BM + Signage

Jack Odom, 404.331.5132, RC/FPS

Alisa Scalley, 404.331.6386, RC + Signage

# Great Lakes Region

Bob Theel, 312.353.1445, RC/D

Michael J. Czosnyka, RC

Richard Gee, 312.353.0936

Fred Yonke, 312.886.5527

# Heartland Region

George Gourse, 816.823.2262, RC/D

David Fellers, 816.823.2244, RC/BM

# Greater Southwest Region

Keith Andreucci, 817.978.4311, RC/D

Carolyn Smith, 817.978.7483, RC

Christy Hoover, 214.767.8165, RC/BM

Ron Lane

# Rocky Mountain Region

Arlene Graham, 303.236.7250 x336, RC/D + Signage

Al Camp, 303.236.7070 x257, Contract Manager

Jonna Larson, RC

# Pacific Rim Region

Keith Lew, 415.522.3147, RC/D

# Northwest -- Artic Region

Gerald Takasumi, RC

Patrick D. Clark, 253.391.7725, RC

Carmie Simons, 253.931.7374

*National Capital Region*

Patricia L. Daniels, 202.205.5857, RC

Symbol Legend: RC = Regional Champion; /D = Designer; /BM = Building
Manager; /FPS = Federa Protective Service; + Signage = volunteered as a
member of the Signage Task Force

*The Regional Property Management Officers (RPMOs) are:*

*New England Region*

Michael Franzese 1PM 617-565-1091\
\
*Northeast & Caribbean Region*

Ashley Cohen 2PM 212-264-4273\
\
*Mid-Atlantic Region*

Joanna Rosato 3P 856-757-5247\
\
*Southeast Sunbelt Region*

Steven Leonard 4PM 404-331-5130

*Great Lakes Region*

Jerome Gucfa 5PB 312-886-7721

*The Heartland Region*

Jeff Neely 6P 816-823-5939

*Greater Southwest Region*

Richard Williams 7P 405-736-1421

Robert Seiffert 7P 817-978-6190\
\
*Rocky Mountain Region*

Anthony Valenti 8P 303-236-7074 x237

*Pacific Rim Region*

John Tate 9PM 415-522-3378\
\
*Northwest/Arctic Region*

Patrick Clark 10P 253-931-7725\
\
*National Capital Region*

Doris Cook WPG 202-708-5841

*The Regional Emergency Coordinators (RECs) are:*

*New England Region*

Greg Bowman R1 617-565-5072\
\
*Northeast & Caribbean Region*

Ashley Cohen 2PM 212-264-4273\
\
*Mid-Atlantic Region*

John Thompson 3ADS 215-656-5530\
\
*Southeast Sunbelt Region*

Avoline Eiland 4CA 404-331-3240

*Great Lakes Region*

Ron Rennhack 5CA 312-353-7050

*The Heartland Region*

Jill Dickey 6ADB 816-926-7203

*Greater Southwest Region*

Russell Colomo 7T-1 817-978-4079\
\
*Rocky Mountain Region*

David Tyndell R8/FPS 303-236-6707

*Pacific Rim Region*

Bob Brown 9COM 415-522-2645\
\
*Northwest/Arctic Region*

John Paul 10FZ 253-931-7024\
\
*National Capital Region*

Larry Monroe WCA 202-708-7209

# Central Office

Jack Finberg PHA 202-501-4146

***Professional Organizations***

American Institute for the Conservation of Historic & Artistic Works
(AIC)

1717 K Street, NW, Suite 301

Washington, DC 20006

202-452-9545

202-452-9328 FAX

[www.aic.stanford.edu](http://www.aic.stanford.edu/)

Regional Alliance for Preservation (RAP)

[www.rap-arcc.org](http://www.rap-arcc.org/)

American Association of Museums (AAM)

1575 Eye Street, NW, Suite 400

Washington, DC 20005

202-289-1818

202-289-6578 FAX

Heritage Preservation

1730 K Street, NW, Suite 566

Washington, DC 20006-3836

202-634-1422 / 888-388-6789

202-634-1435 FAX

National Endowment for the Arts

Office for Accessibility

Paula Terry, Coordinator

1100 Pennsylvania Avenue, NW

Room 724

Washington, DC 20506

202-682-5532

***Conservation Suppliers***

*Lighting -- UV Bulbs and Filters*

Light Impressions

1-800-828-6216

[www.lightimpressionsdirect.com](http://www.lightimpressionsdirect.com/)

-   UV Filtering Bulbs, Rapid Start

-   UV Filtering Bulbs, Instant Start

-   Filter Ray UV Shields, 48" and 96"

*Window Filters*

3M Company

1-888-364-3577

[www.3M.com](http://www.3M.com/)

-   3M™ Scotchtint™ Sun Control Films

*Window Shades*

Phifer SheerWeave®

1-800-561-9250

[www.seasaw.com](http://www.seasaw.com/)

***APPENDIX B FEDERAL LEGAL REQUIREMENTS***

***Federal Property and Administrative Services Act (FPASA) of 1949, as
amended***

(40 U.S.C. §471 [et]{.underline} [seq]{.underline}.)

Provides GSA with the authority to procure and supply real and personal
property and nonpersonal services. Specifically, FPASA authorizes the
Administrator of GSA to maintain, operate and protect buildings,
property or grounds, including the construction, repair, preservation,
demolition, furnishing, equipping, and disposal of such buildings. It
also authorizes GSA to enter into leases of real property not exceeding
20 years in duration.

***Federal Managers' Financial Integrity Act of 1982***

(Pub.L. 97-255, Sept. 8, 1982, 96 Stat.814) repealed; provisions
contained in (31 USCA § 3512)

The [Federal Managers' Financial Integrity Act]{.underline} (31 U.S.C.
§3512), as implemented by OMB Circ. No. A -123, establishes procedures
for internal financial and managerial accountability and control.

***Public Buildings Act of 1959, as amended***

(40 U.S.C. §§601 - 619)

Authorizes GSA to acquire any building and its site by purchase,
donation, condemnation, exchange or otherwise. It provides that only the
Administrator of GSA may construct public buildings, including the
repair and alteration of such buildings. It establishes requirements for
the acquisition, alteration, and construction of public buildings and
provides the authority for the Administrator of GSA to delegate his
authority to other federal agencies. The '59 Act authorizes GSA to
conduct building surveys at the request of Congress and to conduct
continuing investigations and surveys of public building needs and to
submit prospectuses of proposed building projects to Congress. The Act
also contains a limitation on GSA's ability to spend money above a
certain threshold for the acquisition, construction, alteration, or
lease of a building without the submission of a prospectus to Congress.

***Public Buildings Amendments of 1972***

(40 U.S.C. §§490(f), (a)(18) and (j), 602a, 603 and 606)

This law amended the FPASA to establish a fund (Federal Buildings Fund)
in the United States Treasury into which federal agency rental payments
and certain other moneys are deposited. Moneys deposited into the fund
are available, subject to Congressional appropriation, for real property
management and related activities. This law also amended the prospectus
requirements in the [Public Buildings Act of 1959]{.underline} and
established a purchase-contract building program.

***Public Buildings Cooperative Use Act of 1976***

(40 U.S.C. §§490(16) - (19), 601a and 612a)

Authorizes the Administrator of GSA to enter into leases of certain
space in public buildings with persons, firms or organizations engaged
in commercial, cultural, educational or recreational activities or to
make such space available on an occasional (temporary) basis (or by
lease) to persons, firms or organizations engaged in cultural,
educational or recreational activities where the Administrator deems the
activities to be in the public interest and where the activities will
not disrupt the operation of the building. This act also encourages GSA
to acquire and use buildings of historic, architectural and cultural
significance.

***Acceptance and Disposal of Real Property Assets Given to the United
States***

These laws authorized GSA to accept: unconditional gifts of real and
personal property in aid of any agency project or function (40 U.S.C.
§298a); gifts of real property for defense purposes (50 U.S.C. §1151);
and gifts of real property for reduction of the national debt (31 U.S.C.
§3113); and to accept and dispose of real property acquired by devise
(40 U.S.C. §304).

***Postal Reorganization Act, as amended, August 12, 1970***

(39 U.S.C., Section 101, et seq.)

Provided for the transfer of selected federal properties from the
General Services Administration (and other agencies) to the Postal
Service. Included in this transfer was "all real property 55 percent or
more of which is occupied by or under the control of the former Post
Office Department\...." (39 U.S.C. Section 2002(c).)

***National Historic Preservation Act of 1966, as amended (NHPA)***

(16 U.S.C. §470 [et]{.underline} [seq]{.underline}.)

Requires the identification and preservation of historic properties
under the custody and control of GSA. In general terms, the NHPA
requires that GSA considers and minimizes the effects of its actions on
all historic properties and districts. In certain circumstances, the
NHPA requires consultation with State Historic Preservation Officers,
the National Advisory Council on Historic Preservation and other
interested parties prior to the commencement of agency projects (e.g.,
building construction or repair and alteration projects).

***Historic Sites Act of 1935***

(49 U.S.C. §1653(f))

Gives certain authorities to the Secretary of Interior to preserve
historic sites, buildings, and objects, including the authority to
acquire, operate and manage historic and prehistoric properties.

***Antiquities Act of 1906***

(16 U.S.C. §§431 - 433)

Authorizes the President to declare historic landmarks, structures and
other objects on lands owned or controlled by the federal government to
be national monuments. Establishes penalties for anyone who excavates,
injures, or destroys any historic or prehistoric ruin, monument or
object of antiquity on lands owned or controlled by the federal
government.

***Visual Artists Rights Act of 1990***

(17 USC. §106A)

Provides "moral rights" to artists creating works of visual art after
June 1, 1991. These rights are chiefly the rights of attribution and
integrity. They provide that all artists have rights controlling the use
of their name in relation to their work, the right to prevent any
modification of their work that would be prejudicial to their
reputation, and the right to prevent the destruction of their work if it
is of recognized stature. These rights are vested with the artist
throughout their entire lifetime, and may prohibit removal,
modification, or destruction of artwork.

***The Copyright Act of 1976***

(17 U.S.C. § 102(a))

Provides protection to authors of "original works of authorship,"
including literary, dramatic, musical, artistic, and certain other
intellectual works.

***Architectural Barriers Act of 1968 (ABA)***

(42 U.S.C. §§4151 - 4157)

Establishes standards for accessibility by physically handicapped
persons and requires compliance with the standards in the design,
construction and alteration of buildings and facilities owned or leased,
in whole or in part, by the federal government. The ABA also includes
certain record keeping and reporting requirements.

***Americans With Disabilities Act of 1990***

(42 U.S.C. 12181) and (28 CFR Part 36)

Prohibits discrimination on the basis of disability and requires places
of public accommodations and commercial facilities to be designed,
constructed, and altered in compliance with the Americans with
Disabilities Act - Accessibility Guidelines. The Accessibility
Guidelines are contained 28 CFR Part 36.

***APPENDIX C ART IN ARCHITECTURE PROGRAM GUIDELINES***

# ![](media/image2.wmf)

# 

#  

#  **GSA Public Buildings Service**

December 21, 2000

MEMORANDUM FOR ASSISTANT REGIONAL ADMINISTRATORS

![](media/image3.png)

FROM: ROBERT A. PECK

COMMISSIONER---P

SUBJECT: Revised Art in Architecture Program Guidelines

PBS is in business to provide Federal employees with safe, comfortable,
cost-effective facilities, and also to build and manage public buildings
worthy of the American people. In line with this commitment, I issued
new Art in Architecture Program Guidelines in March 1998, with the
intention of encouraging a more holistic approach towards art and
architecture.

Those 1998 guidelines have contributed greatly to GSA's success in
commissioning integrated artworks from some of the nation's most
talented artists. Over the past two years, we have learned many valuable
lessons about the commencement, funding, and contracting of Art in
Architecture projects. To build on these lessons and further improve the
program, I am issuing revised guidelines (copy enclosed). Please see
that all appropriate regional staff have copies of these new guidelines,
which supercede the previous version. The revised guidelines---which
serve to clarify the roles of the Regional project managers, Regional
Fine Arts Officers, and Art in Architecture Program project
managers---include the following major changes:

▪ As soon as a building project's A/E firm is selected, the project
manager shall contact the Regional Fine Arts Officer and Art in
Architecture Program project manager to begin implementation of the
project's art component.

▪ The first meeting of the Art in Architecture panel of client and
community representatives shall occur immediately after award of the
A/E's contract. Accordingly, the GSA project team must identify specific
panelists well before the A/E is under contract to GSA.

▪ Art in Architecture funds will not be used to pay consulting, project
management, or any other type of fees to A/E firms.

▪ Congressionally appropriated funds for a building's design phase
include a portion of the project's Art in Architecture funds, which
shall be used solely for artist design fees.

▪ GSA will issue all artists' contracts for Art in Architecture
commissions, unless the very specific criteria enumerated in the
guidelines (page 5) advocate otherwise.

If you or your staff have any questions, please contact Rolando
Rivas-Camp, AIA, Director, Historic Buildings & the Arts Center of
Expertise, at (202) 219-1088 or Susan Harrison, Art in Architecture
Program Manager, at (202) 501-1812. They may also be reached via e-mail.

cc: Edward Feiner -- Chief Architect

Myron Goldstein -- Director, Project Management Center of Expertise

Regional Fine Arts Officers

Regional Fine Arts Officers' supervisors

**ART IN ARCHITECTURE PROGRAM GUIDELINES**

**DECEMBER 2000**

GSA's Art in Architecture Program commissions artists to create publicly
scaled and permanently installed artworks that are appropriate to the
diverse uses and architectural vocabularies of new federal buildings and
courthouses. This inclusion of contemporary art within the nation's
important civic spaces facilitates a meaningful cultural dialogue
between the American people and their government, and heralds the
contribution of free and creative expression to this country's history.

Through the Art in Architecture Program, GSA is afforded unique
opportunities for promoting the holistic integration of art and
architecture. This worthy goal is achieved via collaboration among the
project artist, architect, landscape architect, engineer, lighting
specialist, and practitioners of other disciplines. By focusing the Art
in Architecture Program in this manner, GSA provides the American public
with federal buildings and courthouses that are not only pleasing and
functional, but that also enrich the cultural, social, and commercial
resources of the communities where they are located.

The success of each Art in Architecture project depends greatly on the
involvement and cooperation of the GSA team, which includes the Regional
project manager and contracting officer, the Regional Fine Arts Officer
(RFAO), and the Art in Architecture project manager. By working closely
together, this team can direct the artist commissioning process to a
fruitful and rewarding conclusion. Art in Architecture Program and
Regional staff have developed the following guidelines in order to aid
each GSA team in realizing this goal.

**[[Funding for Art in Architecture]{.underline}:]{.smallcaps}** The
funding for each Art in Architecture project is at least 0.5 percent of
the building project's total estimated construction cost (ECC). The
Regional office in consultation with the Art in Architecture Program
staff may increase the art budget if it believes that the overall
project would benefit. One instance when the Region may wish to increase
the standard 0.5 percent for art would be for a building project with a
very small ECC, but where art is still warranted. Other instances may be
where the building will serve a pivotal role in the community's urban
landscape, or where local interest in the project's art commission is
particularly strong.

The funding of Art in Architecture projects may not be canceled or
reduced at anytime without the prior written approval of the
Commissioner, Public Buildings Service.

**[[Use of Art in Architecture Funds]{.underline}:]{.smallcaps}** Art in
Architecture funds are for artist\'s expenses, fees, and components of
the artwork that cannot or should not be fabricated, constructed, or
installed by the general contractor or its subcontractors. Expenses will
include the costs of models, drawings, written documentation, insurance,
travel, photography, maintenance instructions, and other incidentals.

By the end of the design concept phase of the Art in Architecture
project, a decision must be made on whether the artist or the general
contractor and subcontractors will be responsible for fabrication and
installation of the artwork, and how it will be funded (out of the 0.5
percent Art in Architecture budget, the general construction budget or
some combination thereof). In many cases, the Art in Architecture budget
will cover the material, fabrication, and installation costs of the
artwork. However, the project team is sometimes able to make more
economical use of project funds by including portions of this work in
the general construction. This is most common when the artwork will be
some transformed component of either the building (such as a floor or
ceiling) or its site (such as a plaza or landscape element).

Art in Architecture funds must never be used to pay consulting, project
management, or any other type of fees to Architect/Engineering (A/E)
firms. Congressionally appropriated funds for the building's design
phase include Art in Architecture funds (normally 25% of the total Art
in Architecture budget). This money is required for the artist's design
work, and must not be turned over to the A/E firms.

**[[Prospectus-Level Repair and Alteration
Projects]{.underline}:]{.smallcaps}** A prospectus-level repair and
alteration project should include an Art in Architecture commission when
the GSA project team anticipates that appropriately public spaces for
artwork will exist, and that artwork would contribute to the overall
enhancement of the building project. For repair and alteration projects
involving historic buildings, the RFAO may propose using the Art in
Architecture funds to commission qualified artists or artisans to
restore existing or lost ornamentation and decorative elements. RFAOs
will work together with GSA Regional Historic Preservation Officers to
determine the most appropriate use for these funds. When appropriate,
the Historic Buildings & the Arts staff may consult with a qualified
conservator on such projects.

**[[Involvement of Architect/Engineer]{.underline}]{.smallcaps}:** The
focus on integrating art into the design of new federal buildings and
courthouses is predicated upon the substantial involvement and
responsibility of the A/E and a continuous commitment by the GSA team.
During the selection of the A/E, the Chief Architect, Public Building
Service (PBS), will explain the goals and objectives of the Art in
Architecture Program to the prospective A/E firms. Selecting officials
should ascertain the level of experience the firms have had working with
artists as members of design teams and the opportunities they envision
for integrating art into the project. For major projects using the
Design Excellence Program peer process to select a lead designer and A/E
firm, the Regional offices may consider involving a GSA Art Peer as a
member of the design peer review.

**[[Commencing Art in Architecture Projects]{.underline}]{.smallcaps}:**
Ensuring adequate lead-time for an Art in Architecture project is
critical. Accordingly, the Regional project manager must contact both
the Regional Fine Arts Officer (RFAO) and the Art in Architecture
project manager immediately after a project's A/E firm has been selected
(i.e., well prior to contracting the A/E). The project's Art in
Architecture component will begin at that time, so that an artist can be
selected in time to be afforded the opportunity to collaborate with the
A/E firm during design concepts.

The Regional project manager, the RFAO, and the Art in Architecture
project manager will meet to discuss initiation of the art commissioning
process, the programming of the proposed new building or substantial
rehabilitation, the project schedule, and other project matters that may
impact the art commission.

By commencing Art in Architecture projects before the A/E firms and
Regional project managers are fully consumed with other project demands,
GSA can better promote timely, inventive, and successful collaborations
between architects and artists.

**[[Establishing Art in Architecture Panels]{.underline}]{.smallcaps}:**
Commissioning artists must be accomplished with the advice and consent
of a project-specific Art in Architecture Panel consisting of the
following members:

▪ GSA Regional Administrator's designee (often the RFAO)

▪ Representative of the primary federal client

▪ Lead A/E designer

▪ Art Peer from the GSA National Register of Peer Professionals

▪ Arts professional from city, geographic region, or state arts council

▪ GSA Art in Architecture project manager

▪ Representative of the community (such as city, state, or Congressional
official)

Invitations will be extended to Art in Architecture panelists and their
participation will be confirmed well **before** each building project's
A/E is contracted, so that the first panel meeting can be scheduled and
convened **immediately** **after** award of the A/E contract.

The Art in Architecture project manager and the RFAO will work together
in identifying the most suitable panelists for each project. The Art in
Architecture project manager will take the lead in identifying competent
and dynamic arts professionals, while the RFAO will consult with the
Regional project manager in locating the most appropriate
representatives of the Regional Administrator, federal client, and
community.

These panelists are of critical importance to the success of Art in
Architecture commissions. Each member of the panel contributes a
distinct and invaluable area of expertise to the project, including
knowledge of contemporary art, the needs of the federal client, the
design interests of the A/E team, the identity of the community, and the
policies of GSA.

The primary functions of Art in Architecture Panels are to review artist
applicants, to recommend a small group of finalists for GSA to evaluate,
and to review and offer critiques of the selected artist's final design
concept.

**[[Introductory meeting of the Art in Architecture
Panel]{.underline}]{.smallcaps}:** The goal of this meeting is to
familiarize the panel with the project and to generate ideas about
involvement of an artist in the design development.

The Art in Architecture project manager explains the program's
objectives by presenting a slide overview of earlier GSA art
commissions, discussing the goal of integrating art into the building
design and/or its site, and outlining the steps the panel will use to
identify the best artist(s) for the project.

The design architects will discuss their architectural design
philosophies as exemplified by past building projects, since the A/E
firm will not have GSA project-specific concepts to show the panel at
this very early stage. The design architect may show slides of past
projects, including those that included collaboration with artists, and
discuss ways the A/E firm can envision working with artists.

The representative of the primary client will be asked to describe the
functions and uses of the proposed building, and to share any
philosophical viewpoint (e.g., about the mission of the federal agency,
or the role of the judiciary) that may impact the artist search and
review process. Similarly, the panel's community representatives and
arts professionals will be invited to share their thoughts about the
identity of the city or region, as well as the existence and vibrancy of
a local arts community.

The Regional project manager will describe the project's design
milestones and projected construction schedule.

By the end of the introductory meeting, the panel will have decided the
preferred method for generating a list of artist candidates. These
candidates may be drawn from the GSA National Artists Registry (a
database of several thousand contemporary American artists of all career
levels, media, and styles), be nominated directly by the panelists, be
respondents to a Request for Expression of Interest (RFI), or a
combination of these methods.

**[[Meeting to Review and Recommend Artists]{.underline}]{.smallcaps}:**
The goal of this second Art in Architecture Panel meeting is to derive a
short-list of artist finalists for GSA to evaluate. This short-list may
be in ranked or non-ranked order, depending upon the preference of the
panel. The panel will identify artists whose works are aesthetically and
conceptually compatible with---or would provide interesting
juxtapositions to---the architectural modes employed by the A/E firm.
The panel will review artists' portfolios (slides and résumés) and
discuss the suitability of their work for the project. Discussion of the
desirability of an artist's work for the project should focus on the six
evaluation factors used by GSA:

▪ Media --- the type of artwork, such as sculpture, painting, or an
architectural medium

▪ Materials --- such as bronze, steel, glass, or earthwork

▪ Content --- the meaning of visual information conveyed by the artist's
work

▪ Style --- representational, non-representational (i.e., abstract),
and/or conceptual

▪ Scope --- level of recognition of the artist's work by public
institutions

▪ Experience level --- scale, range, complexity, and budget/market value
of past work

In addition to the quality of their portfolios and their professional
standings in the field of contemporary American art, artists will be
selected based upon their ability and willingness to collaborate with
the A/E firm. As the artist review process will have commenced prior to
the A/E firm's development of a building concept, determination of each
artist's compatibility will be predicated on a substantive discussion of
the A/E firm's architectural design philosophies and body of recent
work.

While the desire of panelists to recommend artists from the city or
state where the building will be located may contribute meaningfully to
the discussion, GSA's art program is a nation-wide endeavor, and the
overall quality of each candidate's work (as determined by the six
evaluation factors above) will take precedence over geography.

By the end of the artist review meeting, the panel ideally will have
derived a short-list of three to seven finalists. Either the Art in
Architecture project manager or the RFAO will notify the finalists of
their candidacies. Panelists must maintain the confidentiality of the
candidates until GSA officially offers a commission to one or more of
the artists.

The panel will also recommend whether or not the finalists should be
interviewed prior to GSA's final selection. A sub-committee of the Art
in Architecture panel generally conducts these interviews. This
committee must include the A/E's lead designer and the Art in
Architecture project manager. Depending on the project and their
availability, other panel members may also participate. The purpose of
finalist interviews is to learn more about each artist's current work,
and his or her disposition toward collaborating with the A/E. Panels are
**strongly** discouraged from commissioning the finalists to create
competition proposals, as this method consumes valuable project funds
and seriously delays the schedule for both the building design and the
art commission. Moreover, since the selection occurs early in the design
process and the art to be commissioned will be integrated with the
architecture, the finalists would be unable to produce a useful design
at this stage.

**[[Evaluating and Approving Artists]{.underline}]{.smallcaps}:** The
Art in Architecture project manager and the RFAO will conduct a
technical evaluation of the artist finalists. This document scores each
finalist against the six evaluating factors, and incorporates both the
comments of the panelists and the content of any finalist interviews.
The RFAO will prepare a memorandum from the Regional Administrator to
the Director, Historic Buildings & the Arts, recommending approval of
the highest scoring artist(s). Meeting minutes, the GSA technical
evaluation, and supporting visual materials will accompany this
memorandum.

**[[Contracting Artist(s)]{.underline}]{.smallcaps}:** With rare
exception, GSA will issue all artists' contracts for Art in Architecture
commissions. Regional and Center staff will develop together the
documents necessary to accomplish this task. The Art in Architecture
project manager will provide sample contracts as needed. Either the RFAO
or the Art in Architecture project manager will be designated as the
contracting officer's representative (COR).

An artist's contract will only be held by an A/E firm if the selected
artist, the Art in Architecture project manager, Regional staff, and the
A/E firm all agree that special circumstances indicate that an
A/E-issued contract would contribute significantly to the successful
completion of the Art in Architecture project.

Regardless of the contracting method used, the Art in Architecture
project manager must review all artists' contracts before they are
issued, to screen for any clauses that would unduly inhibit the valid
interests of GSA, the project artist, or the A/E firm.

During this contracting phase, the RFAO, Art in Architecture project
manager, and other appropriate Regional staff will discuss the project
with the artist, explaining the artist\'s role and responsibilities
during the project.

**[[Artist's Site Visit]{.underline}:]{.smallcaps}** The GSA team may
decide that an initial site visit by the artist to the building
project's location is warranted, in order for the artist to meet with
representatives of GSA's client agencies, learn about their missions,
and develop an understanding of the location's history and identity. A
member of the GSA team (the RFAO, the Regional project manager, or the
Art in Architecture project manager) **must** accompany the artist
during this visit. The GSA team member will ensure that client and
community representatives do not incorrectly assume that the artist will
accept direction from them regarding the form, content, or location of
the artwork that the artist has been commissioned to develop. If the GSA
team wishes the artist to make this preliminary site visit, the payment
schedule of the artist's contract will contain a line item for this
purpose.

**[[Approval of the Artist's Design
Concepts]{.underline}]{.smallcaps}:** The GSA team will forward the
artist's preliminary design concept for review by the Director, Historic
Buildings & the Arts, in order to assure that the concept adheres to Art
in Architecture Program goals and standards. This initial review must
occur **prior** to any review by the Art in Architecture Panel,
including the representative(s) of the federal client.

Once the Director, Historic Building & the Arts, approves the artist's
preliminary design concept, the artist develops a final design concept
to present to the Art in Architecture Panel. In addition to considering
the overall quality of the artist's design concept, the A/E and GSA
panelists should encourage the other panelists to address how the
desired uses of the building project's public spaces may be accommodated
or supported by the artist's work. The RFAO will incorporate the panel's
comments into a memorandum from the Regional Administrator to the
Director, Historic Buildings & the Arts, seeking approval of the
artist's final design concept.

When appropriate, the Historic Buildings & the Arts Center staff may
consult with a qualified art conservator about the artist's design
concepts to ensure that the proposed materials are stable, durable,
non-toxic, environmentally sound, and suitable for their location.

**[[Artist Participation at the A/E's Final Design Concept
Presentation]{.underline}]{.smallcaps}:** The artist **must** attend the
A/E firm's final design concept presentation to the Commissioner, PBS,
in Washington, D.C. Ideally, the project artist will have a preliminary
art design concept to present in conjunction with the A/E firm's
building concept. If the commission schedule has not permitted the
artist time to develop a concept for this presentation, the artist and
A/E lead designer will nonetheless be expected to discuss their initial
ideas and strategies for collaboration. If the project involves more
than one artist, the project artist with the largest budget must be
present, and the artist(s) with the smaller budget(s) will attend if
possible.

**[[Fabrication and Installation]{.underline}]{.smallcaps}:**
Fabrication and installation of all artworks, or artist-designed
elements of a building or its site, will be achieved with the close
cooperation of the project artist, the A/E firm, and the GSA
team---regardless of who assumes primary responsibility for fabrication
and installation of the artwork. Each artist's contract will require
that the artist and GSA coordinate all activities related to
installation of an artwork with the A/E firm and its contractors, in
order to avoid any duplication of labor or any removal and
reconstruction of building elements impacted by an artwork.

**[[Acceptance of Art]{.underline}]{.smallcaps}:** As will be required
by each artist's contract, completion of an Art in Architecture
commission will include two, identical sets of photographic
documentation of and maintenance instructions for the fully installed
artwork. The artist will send one set to the Art in Architecture project
manager, and the other set to the RFAO. The photographs of the artwork,
which must be properly archived by the central and regional offices,
will be used to develop educational materials, and the maintenance
instructions will be filed for reference for use during annual art
inspections and future conservation needs.

**[[Cancellation of Commissions]{.underline}]{.smallcaps}:** An Art in
Architecture commission may be cancelled only with written approval of
the Commissioner, PBS.

**[[Public Affairs and Education]{.underline}]{.smallcaps}:** The RFAO
and the Art in Architecture project manager will work with GSA's public
affairs offices to ensure that artworks are introduced to the public via
media coverage, public inaugurations or workshops, educational
brochures, interpretive plaques, or other adequate means.

> For further information and assistance, including sample documents,
> please contact:
>
> Susan Harrison Art in Architecture Program Manager 202-501-1812
>
> Jennifer Gibson Art in Architecture Project Manager 202-501-0930
>
> Bill Caine Art in Architecture Project Manager 202-501-4271

***APPENDIX D LEGAL TITLE TO ART WORK PRODUCED UNDER THE WPA***

**[Legal Title to Art Work Produced]{.smallcaps}**

**[Under the Works Progress Administration]{.smallcaps}**

**I. Background**

The Department of the Treasury began Federal art patronage in 1933. The
programs operated under different branches of the Department of the
Treasury. In 1940, all Treasury Programs were transferred to the Federal
Works Agency.

The Works Progress Administration began the Federal Art Project in 1935.
In 1939, it was renamed the Works Projects Administration Art Program
and was also transferred to the Federal Works Agency.

The General Services Administration ("GSA") became the custodian of
works of art produced under the Works Projects Administration ("WPA")
and other programs in 1949. The Federal Property and Administrative
Services Act of 1949 created the GSA and all functions of the Federal
Works Agency were transferred to the GSA.

**II. General Concepts of Federal Property Ownership**

The authority for the federal government to own, use and dispose of
property is found in the Constitution at Article 4, Section 3, Clause 2.
The courts have interpreted this clause to mean that only Congress has
the power to procure, use or dispose of property, real or personal, for
the benefit of the federal government and the public. [Allegheny County,
PA v. United States]{.underline}, 322 U.S. 174 (1944). Authority to
exercise these powers can be given to the executive branch (federal
agencies) by laws enacted by Congress, but such laws will be strictly
construed. [Id]{.underline}. Therefore, federal property can only be
disposed by an act of Congress, either by general enabling legislation
(such as GSA's authority under the Federal Property and Administrative
Services Act of 1949) or by specific legislation.

Based on the above, the courts have held that the federal government
cannot abandon property. [United States v. Steinmetz]{.underline}, 763
F. Supp. 1293 (D.N.J. 1991), [aff'd]{.underline}, 973 F.2d 212 (3rd Cir.
1992). "It is well settled that title to property of the United States
cannot be divested by negligence, delay, laches, mistake, or
unauthorized actions by subordinate officials." [Id]{.underline}.
Furthermore, inactivity, neglect or unauthorized intentional conduct on
the part of government officials will not divest the United States of
ownership interest in property. [Kern Copters, Inc. v. Allied Helicopter
Serv., Inc.]{.underline}, 277 F.2d 308 (9th Cir. 1960); [United States
v. City of Columbus]{.underline}, 180 F. Supp. 775 (S.D. Ohio 1959).

Congress may attach reasonable conditions to the disposal of property.
[Tennessee Valley Authority v. Lenoir City, Tenn.]{.underline}, 72 F.
Supp. 457 (E.D. Tenn. 1947). If the purchaser/recipient does not want to
take the property subject to these conditions, they may decline to
proceed with the transaction. However, if the transaction is completed,
the purchaser/recipient must comply with the conditions.
[Id]{.underline}.

The ownership interest held by the United States in any work produced
under the Works Progress Administration or its predecessors, still
remains vested in the United States, unless it can be shown to have been
conveyed in a manner authorized by Congress.

**III. Title to WPA Art Work**

Work commissioned under the WPA was either loaned or allocated to
federal, state and local governmental entities and tax supported
organizations, or non-profit organizations. During the operation of the
WPA art program, it was clearly stated that the federal government would
hold full legal title to art work on long term loan and title remains in
the government today. However, legal title to art work distributed under
the allocation procedure was not clearly established while the WPA art
program was ongoing.

To establish the status of ownership with regard to works allocated, GSA
relied on the legal precedent discussed above, and on the regulations of
the WPA as established in [The Operation of Specific Professional and
Service Projects]{.underline}, Operating Procedure No. G-5, section 32,
January 10, 1940 ("Operating Procedure"), and the Public Works of Art
Program Bulletin issued by the Assistant Secretary of the Treasury on
March 26, 1934, titled "Legal Title to Works Produced under the Public
Works of Art Project" ("Bulletin").

The relevant portions of the Operating Procedure with regard to
allocations are as follows:

1.  Section 32, Part A, 1st paragraph: "For the purposes of this section
    the word 'allocated' shall mean the transfer of title."

2.  Section 32, Part C, 3rd paragraph: "If an agency or institution
    which has received a work of art on allocation or loan desires to be
    released from the responsibility of custody of the work, the
    official representative of the agency or institution shall
    communicate with the Director of the WPA Art Program, Washington,
    D.C."

3.  Request for Allocation Form, end of page: "It is understood that
    custody of the work listed above will not be transferred and that
    the work will be exhibited for public use as indicated. Institutions
    desiring to be released of any work shall communicate with the
    Director of the Work Projects Administration - Art Program, Federal
    Works Agency, Washington, D.C."

4.  Receipt for Allocation of Works of Art: "It is understood and agreed
    that the allocation of these works is subject to the regulations of
    the WPA Art Program and is for the purpose which we have indicated
    on REQUEST FOR ALLOCATION, executed by us."

The relevant portions of the Bulletin with regard to allocations are as
follows:

1.  Paragraph 1: "All works of art executed with the intent that they
    should occupy a particular place in some public building are to be
    treated as a part of that building."

2.  Paragraph 3: "All works of art produced by the project which are
    movable and not executed to occupy some particular location are the
    property of the Federal Government and will be in the custody for
    the Federal Government of the various Regional and Sub-Regional
    Committees and the central office in Washington."[^5]

In the first section of the Operating Procedure quoted above, it states
that allocated means the transfer of title. On the portion of the
Request for Allocation form, quoted in paragraph 3 above, it states that
custody of the work would not be transferred. Statements such as these,
read separately and out of context from the Operating Procedure, have
caused much confusion both within the government and among institutions.
However, if these statements are read in the context of the entire
Operating Procedure, a pattern emerges evidencing the intent of the
original program.

The first section quoted indicates that some form of title was meant to
be transferred in an allocation. However, Part C of the Operating
Procedure, quoted above in paragraph 2, shows that the WPA intended to
maintain some level of control over the works of art by providing a
means of recovery if the custodian agency or institution no longer
desired to be responsible for the work of art. This intent is reflected
again in the Receipt for Allocated Works of Art form, quoted in
paragraph 4 above.

Another example of the WPA's intent to keep some level of control over
the works of art in the government can be seen in Part A, second
paragraph of the Operating Procedure.[^6] There it states that nonprofit
institutions could receive works under the loan program, but only tax
supported entities could receive the works by allocation.

It appears to be the intent of the Operating Procedure, and it is the
position of GSA, that allocated works of art were transfers of
restricted title. The receiving agency or institution received legal
title to the works of art limited by the purpose stated in the
allocation forms and by the regulations. For example, if a WPA work was
allocated to be displayed in a public building by a state agency, and
the state agency could no longer display the work, the legal rights to
the work retained by the federal government would come into play. The
state agency could not sell the work for profit, but must return it to
the federal government. However, if the state agency would like to store
the work, then display it again in the future, it can do so without
triggering the reversionary rights of the federal government.

GSA applies this position to all movable works of art, including murals
that are painted on canvas attached to the wall. If the art work is an
integral part of the structure (murals, bas-reliefs and architectural
ornamentation) and the structure is still owned by the original
recipient of WPA art work, that institution is under an obligation to
notify GSA if it no longer desires custody of the work. However, if the
structure has been sold to a third party, the art work conveys with the
structure and the federal government can no longer assert reversionary
ownership rights in the work.[^7] GSA does request that any institution
that has acquired a structure that contains WPA art work that is an
integral part of the structure, and is preparing to destroy that art
work, contact the GSA Fine Arts Program which may choose to preserve the
work.

**IV. Impact on Custodians of WPA Art Work**

This position has no immediate impact on custodians of WPA art work. The
GSA is attempting to catalog all works of art created under the WPA that
are located in non-federal repositories, but has no intention of
reclaiming any of these works unless requested to do so by the custodial
agency or institution.

If you have questions regarding this issue, please contact:

Richard Butterworth

Office of General Counsel, Real Property Division

General Services Administration

18th & F Streets, N.W.

Washington, DC 20405

e-mail: Richard.butterworth@gsa.gov

![](media/image4.wmf)

> **U.S. General Services Administration**

September 5, 2000

Dear Colleague:

The Federal Property and Administrative Services Act of 1949 transferred
all functions of the Federal Works Agency, including works of art
produced under the various art projects of the Works Progress
Administration (WPA), to the General Services Administration. In recent
months, we have become aware of an increasing number of these works of
art being offered for public sale. This is to inform you of the legal
status of these works of art and ask for your assistance in preserving
them.

BACKGROUND

During the Depression era, the WPA recognized the plight of artists and
commissioned paintings and sculpture for the embellishment of public
architecture, including Federal buildings, post offices, and
courthouses. In addition to providing work relief to suffering artists,
these "New Deal" initiatives produced the first major body of public
American art\--hundreds of thousands of works. The various art projects
of the WPA included the:

-   Public Works of Art Project (PWAP), the first national art project,
    which provided work from 1933-1934; Treasury Relief Art Project
    (TRAP), 1935-1938, which had as a goal "the decoration of Federal
    Buildings by unemployed artists and sculptors;"

-   "Section," 1934-1943, also sponsored by the Treasury Department,
    which awarded commissions for murals and sculpture in public
    buildings on the basis of anonymous competitions; and

-   WPA Federal Art Project (FAP), 1935-1943, the largest and best known
    of the projects. It surpassed the others in the variety of
    activities, the number of artists employed, and the number of works
    produced.

IDENTIFYING FEDERAL WPA ARTWORK

Not all artwork produced during the WPA period from 1933-1943 is Federal
property. For example, for prints such as etchings, lithographs, etc.,
where more than one copy or print of the work was produced, the artist
was allowed to retain one print for his own files. Federal ownership is
indicated in several ways:

-   Artwork is identified on original forms, such as Requests or
    Receipts for Allocation (DPS Form 8 or 13) or Requests or Receipts
    for Loan (DPS Form 9 or 14).

**1800 F Street, NW**

**Washington, DC 20405-0002**

**www.gsa.gov**

-2-

-   \- A brass plaque is affixed to the original frame of the artwork
    stating "Public Works of Art Project," "Treasury Relief Art
    Project," or "WPA Federal Art Project."

-   \- A notation is stamped on prints stating "Graphics Department,
    Federal Art Project."

-   \- A label is affixed to the artwork noting "Federal Art Project of
    the Works Progress Administration. This work is the property of the
    United States Government\... ."

Samples of these identification tags and labels are enclosed.

LEGAL RESPONSIBILITY

*General*

It is our responsibility to inform private citizens, art dealers,
appraisers, the museum community, and the general public of the legal
title to these WPA works of art. To this end, and in response to
numerous questions regarding legal ownership, title, and responsibility,
we researched original procedures and directives pertaining to legal
status of these WPA works of art. The enclosed fact sheet, Legal Title
to Art Work Produced Under the WPA, addresses these issues by stating
that ownership of Federal property-­\"\... cannot be divested by
negligence, delay, laches, mistake, or unauthorized actions by
subordinate officials.\"

Documents produced at the time of the program demonstrate the
Government's intention to retain ownership of moveable art.

*Museum Community*

In 1939, the Federal Government began the process of loaning or
allocating (indicating a restricted transfer of title) to museums and
other public agencies works of art produced under the various art
projects of the WPA. The legal fact sheet also addresses these WPA works
of art. The original documents entered into by the recipients provided
for the return of artwork-­\"\... if an agency or institution which has
received a work of art on allocation or loan desires to be released from
the responsibility of custody of the work, the official representative
of the agency or institution shall communicate with the Director of the
WPA Art Program, Washington, DC. ''

GSA has inventoried over 14,000 WPA works of art housed in non-Federal
repositories across the country. This inventory is published in the
catalog, WPA Artwork in Non-Federal Repositories, Edition II. All
inventoried artwork has been verified with the institution and
recognized with a letter of acknowledgement or a Memorandum of
Agreement. In order to inform the museum community of the status of
these works, the catalog and the legal fact sheet.

**1800 F Street, NW**

**Washington, DC 20405-0002**

**www.gsa.gov**

-3-

have been distributed to the museum community, state libraries, state
art organizations, and other Federal agencies.

*Private Ownership*

Many WPA works of art were purchased in good faith or acquired through
other justifiable means; some were even saved from disposal or
destruction by private citizens. However, these works of art were
produced with taxpayer\'s funds and represent an important period in the
history and culture of our country. They should be placed in public
institutions where they will be available to the American people. To
that end, we ask that you notify us at the following address if you have
any of these works of art.

Fine Arts Program (PCE)

Public Buildings Service, General Services Administration

1800 F Street, NW

Washington, DC 20405

\(202\) 219-1088

FUTURE DIRECTIONS

Our efforts to locate, catalog, publish, and preserve WPA artwork are
recent. Regrettably, many works of art produced under the Federal
patronage of the WPA are lost forever We cannot correct these past
mistakes, but we can prevent the recurrence of such errors. GSA\'s goal
is to

-   Catalog those WPA works of art that are Federal property;

-   Educate and inform people of the ownership issues regarding these
    works of art; and

-   Encourage the return of these works of art to GSA or place them in
    public institutions.

We appreciate your assistance in this important effort.

Sincerely,

Stephenie Foster Robert A. Peck

General Counsel Commissioner

Office of the General Counsel Public Buildings Service

Enclosures

***APPENDIX E FINE ARTS FACTS***

*Fine Arts & Continuity of Operations Plans (COOP)*

-   The **Fine Arts Program** in the Center for Design Excellence & the
    Arts (PCE), Office of the Chief Architect manages the portfolio of
    fine arts assets under GSA's stewardship to insure their
    accountability, accessibility, preservation and appropriate use to
    enhance and promote superior workplaces for federal agencies and the
    public they serve.

-   The **Fine Arts Collection** includes commissioned public works of
    art that enhance the architecture of federal buildings; portable
    works of art commissioned under the federal patronage of the New
    Deal; works of art purchased with Art in Architecture (AiA) funds;
    and maquettes (design models).

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-   The **Fine Arts Program Desk Guide** contains policy and procedures
    for the inventory, inspection, conservation, and loan of artwork;
    for exhibition, interpretation and educational programs; for
    emergency planning; and for the removal, relocation and
    deaccessioning of artwork in the Fine Arts Collection. The Desk
    Guide should be consulted for complete emergency planning. Copies
    are available from each Regional Fine Arts Officer (RFAO) and from
    the Fine Arts Program (PCE).

Legal Authorities & References

-   The Occupant Emergency Plan (OEP) 44 CFR 101‑2 focuses on protecting
    life and property in federally occupied space under certain
    emergency conditions, and directs the formation of an occupant
    emergency organization to perform OEP tasks.

-   The National Security Emergency Preparedness (NSEP) Handbook, ADM P
    2400.11B focuses on the role of GSA in providing support for
    domestic emergency operations in which there is federal involvement.

The NSEP Handbook provides guidance for the GSA role in the broad
context of federal response to major disasters or emergencies, while the
OEP focuses on getting federal employees and others safely out of a
facility under a variety of threat conditions. In general,
implementation of the OEP is the first step in responding to an
emergency condition that affects a GSA site. The activity or
site‑specific COOP provides a bridge between these two key documents, in
that it focuses on each GSA element\'s responsibility to continue
essential functions under emergency conditions, including emergency
relocation to an alternate site.

Policy

It is the policy of GSA to respond quickly at all levels in the event of
an emergency in order to continue essential operations.

Objectives of Fine Arts Component of COOP

GSA's Fine Arts Collection represents the history, ideals, and culture
of our country. To insure its protection and preservation for future
generations it is necessary to maintain an accurate record of the
current identification, location, condition, and appropriate contact for
works of art in the collection.

**Each location that has works of art from GSA's Fine Arts Collection**

**should notify the Regional Emergency Coordinator to determine if a**

**Fine Arts Component should be included in the COOP.**

### *Central Office/Fine Arts Program Responsibilities*

4.  Insure that Fine Arts databases are kept current of exact location,
    condition, and contacts for artwork in emergency situations.

5.  Provide accurate listing of artwork in specific facilities as
    requested or required.

6.  Notify proper authorities of any theft, damage, natural disasters,
    etc.

*Regional Responsibilities*

3.  Determine if COOP plans exist and insure that protection of artwork
    in emergency situations is adequately addressed. See Chapter 9.3 of
    Fine Arts Desk Guide for requirements.

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4.  Check once a year to insure that plans are current and identified
    personnel are still available.

5.  Copies of the Fine Arts Component of the COOP plan should be
    maintained in:

-   the regional office with the Regional Fine Arts Officer,

-   the central office in the central archives,

-   and with the local appointed staff member.

6.  Notify central office of any theft, damage, natural disasters, etc.

Objectives of Emergency Planning

The primary objectives of emergency planning are as follows:

1.  To anticipate and, if possible, to avoid emergencies.

2.  To retain control when an emergency occurs.

3.  To recover control as quickly as possible if control is lost.^1^

It is important to anticipate and identify special circumstances,
situations, or geographic areas that create potential hazards and
provide protective measures or training, for example, earthquakes,
floods, annual parades, etc.

Protective measures fall into the following four categories that are
summarized below:

-   ***mitigating measures***

-   ***preparedness measures***

-   ***response measures***

-   ***recovery measures***

***Before***

***Mitigating measures*** seek to eliminate the hazards that threaten
the collection or to reduce the effect those hazards would have if they
ever are manifested. Mitigation necessarily takes place in advance of
something happening.

***Preparedness measures*** are put in place so that responsible
personnel can act appropriately during an emergency, particularly if a
disaster might be imminent and they might be able to avert it or
minimize consequent damage. Preparedness includes staff training and the
development of call up lists, resource lists, and stockpiles of supplies
and equipment. Some preparedness measures must be put in place before
anything happens, while others come into play only as an emergency
develops.

# GSA Actions

The Fine Arts Component of the COOP should:

1.  Appoint a local responsible party (fine arts officer, asset manager,
    facility manger).

2.  Prioritize assets at each site.

3.  Identify emergency personnel and telephone number (local museum
    professional, local conservator).

***During***

***Response measures*** are taken when a disaster strikes without
warning, when mitigating and preparedness measures have failed to
prevent a disaster or when measures have been taken but damage has
occurred anyway. The purpose of response measures is the prevention of
further damage to collections and to stabilize those that have been
damaged so that they do not deteriorate further before they can receive
attention from professional conservators. Response measures attempt to
retain or to reestablish control over the situation.

*GSA Actions*

The Fine Arts Component of the COOP should:

1.  Define procedures for removing portable works of art from emergency
    situations and place in a secure location (local museum, university
    gallery).

2.  Secure installed artwork at site. Protect, cover, wrap or enclose
    artwork from an emergency situation if possible.

3.  Notify appropriate personnel of actions taken:

    a.  Facility manager,

    b.  Regional Fine Arts Officer/Fine Arts Program,

    c.  and Federal Protective Service.

***After***

***Recovery measures*** occur after an event has happened. They are
designed to enable the return to normality in an orderly, phased,
reasoned, and methodical fashion. Recovery measures begin when the
disaster situation has stabilized and professionals have evaluated the
damage and suggested further, long-term actions. Recovery can be a long
process, taking years in some cases. Recovery measures solidify control
over the situation.^2^

*GSA Actions*

The Fine Arts Component of the COOP should:

1.  Salvage all parts of artwork. Retrieve package or label any pieces
    or parts of artwork.

2.  Assess damage to artwork. Complete Fine Arts Damage Report.

3.  Contact emergency local conservator for professional
    assessment/stabilization.

4.  Report all damage and current location of artwork to Regional Fine
    Arts Officer, Fine Arts Program, and Commissioner, PBS.

Fine Arts WEB Site

In order to make information on the Fine Arts Collection available to
the largest possible audience, images and identification data for works
of art from the Fine Arts Collection installed in GSA buildings,
statistics, and publications are available through GSA's Home Page on
the INTERNET. Information is updated on a regular basis. The INTERNET
address is:

> [http://www.gsa.gov](http://www.gsa.gov/) Click on [Public
> Buildings]{.underline} Click on [Art in GSA Buildings]{.underline}

**[or further Information contact:]{.smallcaps}**

##### [Regional Fine Arts Officers]{.smallcaps}

The **Regional Fine Arts Officer** (RFAO) and the **Regional Emergency
Coordinator (REC)** should coordinate COOP activities in the region.

Janine Kurth, 1PC, 617-565-5072 Greg Bowman, R1, 617-565-5740

Lorraine Haucke, 2PCL, 212-264-3544 Ashley Cohen, 2PM, 212-264-4273

Trudy Wang, 3PM, 215-656-5816 John Thompson, 3ADS, 215-656-5530

Eileen Giordano, 3PM, 215-656-5667

Audrey Entorf, 4PT, 404-331-7597 Avoline Eiland, 4CA, 404-331-3240

Caroline Sachay, 5PT, 312-353-0744 Ron Rennhack, 5CA, 312-353-7050

Bernd Ostermann, 6PC, 816-823-4905 Jill Dickey, 6ADB, 816-926-7203

Steve Kline, 7PMS, 817-978-4229 Russell Colomo, 7T-1, 817-978-4079

Janet Preisser, 8PP, 303-236-7131 (x.248) David Tyndell, R8/FPS,
303-236-6707

Don Douglass, 9PCN, 415-522-3145 Bob Brown, 9COM, 415-522-2645

Kelly Sarver-Linderink, 10PC, 206-931-7332 John Paul, 10FZ, 253-931-7024

Andrea Mones, WPT, 202-708-5334 Larry Monroe, WCA, 202-708-7209

Jack Finberg, PHA, 202-501-4146

**[GSA Design Excellence & the Arts]{.smallcaps}**

**[Marilyn Farley, Director]{.smallcaps}**

**[1800 F Street NW , Room 4207- (PC)]{.smallcaps}**

#### Washington, DC 20405

**[Fine Arts Program Alicia Weber, Director, (202)
501-1554]{.smallcaps}**

**[Kathy Erickson, Deputy, (202) 501-4332]{.smallcaps}**

\_\_\_\_\_

^1^ National Park Service, Museum Handbook, Part I, Chapter 10, page 2.

^2^.National Park Service, Museum Handbook, Part I, Chapter 10, page 9
(from NPS 28, Cultural Resource Management Guideline).

*Fine Arts & First Impressions*

The Fine Arts Program in the Center for Design Excellence & the Arts
(PCE), Office of the Chief Architect manages the portfolio of fine arts
assets under GSA's stewardship to insure their accountability,
accessibility, preservation and appropriate use to enhance and promote
high quality work environments for federal agencies and the public they
serve.

*Fine Arts Program*

General

-   The **Regional Fine Arts Officer** (RFAO) and/or the **Regional
    Design Excellence Peer** should be notified of any First Impressions
    project that will impact artwork in the Fine Arts Collection,
    including Art in Architecture installations. See attached list for
    names of RFAOs and Regional Design Excellence Peers.

-   The **Fine Arts Program Desk Guide** contains policy and guidance
    for the acceptance and disposal of fine art. The Desk Guide also
    provides procedures for the inventory, inspection, conservation, and
    loan of artwork; for exhibition, interpretation and educational
    programs; for emergency planning; and for the removal, relocation
    and deaccessioning of artwork in the Fine Arts Collection. The Desk
    Guide should be consulted for acquisition and relocation of artwork.
    Each RFAO has a Desk Guide. Copies are also available from the Fine
    Arts Program (PC).

Acquisition

-   PCE encourages the conservation, reinstallation, and enhancement of
    existing artwork through the First Impressions program.

-   If the building does not contain artwork, large scale, high quality
    historic photographs or drawings that relate to the mission or
    history of the building or community are recommended.

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-   The **Art-in-Architecture Program (AiA)** is the General Services
    Administration\'s (GSA) only means of acquiring public art for
    federal buildings for inclusion in the Fine Arts Collection. The AiA
    does not accept donations, nor purchase artwork because works are
    commissioned through community selection panels so that they
    represent the interest, culture, and ideals of the local community.

-   Purchased prints or reproductions, or commemorative works of art,
    such as portraits or busts, do not support the mission or the scope
    of the Fine Arts Collection and will not be considered as such. See
    Chapter 2 of the Desk Guide.

-   Under Section 106, the installation of artwork that will have an
    effect to a historic property requires consultation with the
    appropriate State Historic Preservation Officer, as well as the
    Advisory Council on Historic Preservation.

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-   ***Integrity of Space (From Chapter 2.5 of the Desk Guide)***

> The protection of the integrity of public spaces is an important
> consideration for GSA. This is especially true for works of art that
> are commissioned to integrate with the architecture.
>
> Once artwork is installed in a specific location, GSA should make
> every effort to protect the integrity of the surrounding space. The
> work of art may include not just the physical object itself, but also
> the surrounding spaces on the walls, flooring, or plaza. Therefore,
> the space surrounding a work of art becomes an integral part of the
> artwork. Colors and/or materials of surrounding walls or flooring
> should be coordinated with the artist and GSA. In addition, the space
> surrounding any artwork should be kept free of any other artwork,
> signage, objects, or seating that intrudes upon the artwork.
>
> If barriers are required by the ADA to be placed in front of a work of
> art, they should be designed in consultation with the artist, the
> Regional Fine Arts Officer, and/or PCE, and subject to the artist's
> approval.
>
> For works of art that are not owned by GSA, but are placed within GSA
> space, their installation should also be coordinated with, and subject
> to, the approval of GSA. For example, the installation of portraits,
> busts, or exhibit materials in public space should be accomplished in
> consultation with, and subject to, the approval of the Regional Fine
> Arts Officer, and/or PCE.

Conservation

-   Artwork is often the most noticeable feature of the entry plaza or
    lobby, and artwork in poor or deteriorated condition can have a
    negative impact on the building. Therefore, artwork should be
    assessed for conservation as part of the First Impressions project.
    PC provides conservation services through the **National
    Conservation Contract**.

-   Artwork should be protected or removed during any renovation. This
    should be coordinated through PCE and the RFAO. PC also provides
    professional art transportation and storage services. PCE must be
    notified when any artwork requires temporary removal.

Reinstallation

-   There are a *limited* number of *large* works, such as murals or
    sculpture, in the **Fine Arts Storage Facility** that require
    *conservation*. Reinstalling works of art may enhance the
    architecture of the building. Please contact the RFAO or PCE for
    available artwork.

-   It is the policy of GSA to conserve and return works of art to their
    original geographic location or place of origin whenever possible.

Relocation

Changing circumstances over time can allow for the relocation of
artwork, for example the functionality of building or circulation
patterns have changed, or space has been redesigned in order to meet ADA
compliance or other requirements and the artwork could be adversely
impacted. The following procedures must be followed:

1.  The Center for Design Excellence & the Arts must be notified at the
    beginning of the 1^st^ Impressions Project.

2.  All requests for relocation must be made in writing to the Director,
    Design Excellence & the Arts. Requests should include the reason for
    relocating the work of art and a proposed schedule.

3.  Every effort must be made to contact the artist and inform them of
    the situation. If possible, GSA will try to work with the artist to
    determine a suitable new location, or get their approval of a new
    location recommended by GSA. Approval should be in the form of a
    written letter.

4.  A professional conservator must be consulted to insure the safety
    and protection of the artwork during relocation. See Chapter 6 of
    the Desk Guide.

5.  For works of art that are covered by the Visual Artists Rights Act
    of 1990 (VARA) the artist must be contacted and written approval
    acquired. See Chapter 10 of the Desk Guide.

**[For further Information contact:]{.smallcaps}**

**[GSA Design Excellence & the Arts]{.smallcaps}**

**[Marilyn Farley, Director]{.smallcaps}**

**[1800 F Street NW , Room 4207- (PC)]{.smallcaps}**

**[Washington, DC 20405]{.smallcaps}**

**[Fine Arts Program Alicia Weber, Director, (202)
501-1554]{.smallcaps}**

**[Kathy Erickson, Deputy, (202) 501-4332]{.smallcaps}**

Regional Fine Arts Officers

Janine Kurth, 1PC, 617-565-5072

Lorraine Haucke, 2PCL, 212-264-3544

Trudy Wang, 3PM, 215-656-5816

Eileen Giordano, 3PM, 215-656-5667

Audrey Entorf, 4PT, 404-331-7597

Caroline Sachay, 5PT, 312-353-0744

Bernd Ostermann, 6PC, 816-823-4905

Steve Kline, 7PMS, 817-978-4229

Janet Preisser, 8PP, 303-236-7131 (x.248)

Don Douglass, 9PCN, 415-522-3145

Kelly Sarver-Linderink, 10PC, 206-931-7332

Andrea Mones, WPT, 202-708-5334

Regional Design Excellence Peers

Tom Mailander 1PC 617-565-4691\
Andy Gerardi 2PCL 212-264-4245\
Buddy Hill 4PC 404-331-7678

Brian Kimsey 4PCC 404-331-5330

Bob Theel 5PC 312-353-1445

Camdon Hindes 312-353-5984

Kim Bailey 8PF 303-236-7070 x239\
Al Camp 8PF 303-236-7070 x257

Maria Ciprazo 9PC 415-522-3128

Keith Lew 9PC 415-522-3147\
Dan Brown 10PD 253-931-7321\
Tony Alonso WPC 202-708-7293

> First Impressions Regional Champions
>
> Kevin McGill, 860-240-3575, RC/BM
>
> Wally Rogowicz, 603.666.7584, RC
>
> Manuel Massa, 212.264.8785, RC/D
>
> Brian Tait, 973.645.2413, RC/BM
>
> Laura Park Smith, 215.656.5910, RC/D + Signage
>
> Abby Smith, RC
>
> Beverly Bell, 404.331.3120, RC/BM + Signage
>
> Jack Odom, 404.331.5132, RC/FPS
>
> Alisa Scalley, 404.331.6386, RC + Signage
>
> Bob Theel, 312.353.1445, RC/D
>
> Michael J. Czosnyka, RC
>
> Richard Gee, 312.353.0936
>
> Fred Yonke, 312.886.5527
>
> George Gourse, 816.823.2262, RC/D
>
> David Fellers, 816.823.2244, RC/BM
>
> Keith Andreucci, 817.978.4311, RC/D
>
> Carolyn Smith, 817.978.7483, RC

Christy Hoover, 214.767.8165, RC/BM

Ron Lane

Arlene Graham, 303.236.7250 x336, RC/D + Signage

Al Camp, 303.236.7070 x257, Contract Manager

Jonna Larson, RC

Keith Lew, 415.522.3147, RC/D

Gerald Takasumi, RC

Patrick D. Clark, 253.391.7725, RC

Carmie Simons, 253.931.7374

Patricia L. Daniels, 202.205.5857, RC

Symbol Legend: RC = Regional Champion; /D = Designer; /BM = Building
Manager; /FPS = Federa Protective Service; + Signage = volunteered as a
member of the Signage Task Force

*Fine Arts & Maintenance*

The Fine Arts Program in the Center for Design Excellence & the Arts
(PCE), Office of the Chief Architect manages the portfolio of fine arts
assets under GSA's stewardship to insure their accountability,
accessibility, preservation and appropriate use to enhance and promote
high quality work environments for federal agencies and the public they
serve. Since 1997, the Fine Arts Program has managed and funded an
active and successful conservation program through the National
Conservation Contract. **480** works of art have been conserved for
**\$4,996,483**. The backlog of artwork requiring conservation has been
eliminated. However, lack of maintenance and/or inappropriate
installations of artwork need to be addressed.

General

-   The **Regional Fine Arts Officer** (RFAO) should be notified of any
    project that will impact artwork in the Fine Arts Collection,
    including Art in Architecture installations. See attached list for
    names, addresses, and telephone numbers of RFAOs and **Regional
    Property Management Officers (RPMOs)**.

-   The **Fine Arts Program Desk Guide** contains policy and guidance
    for the acceptance and disposal of fine art. The Desk Guide also
    provides procedures for the inventory, inspection, conservation, and
    loan of artwork; for exhibition, interpretation and educational
    programs; for emergency planning; and for the removal, relocation
    and deaccessioning of artwork in the Fine Arts Collection. The Desk
    Guide should be consulted for acquisition and relocation of artwork.
    Each RFAO has a Desk Guide. Copies are also available from the Fine
    Arts Program (PC).

Legal Authorities & References

-   The Federal Managers Financial Integrity Act (31 U.S.C. §3512), as
    implemented by OMB Circ. No. A -123, establishes procedures for
    internal financial and managerial accountability and control.

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-   Visual Artists Rights Act of 1990, Section 106A, U.S. Code
    Annotated, Title 17, Copyrights, PL101-650 provides "moral rights"
    to artists creating works of visual art after June 1, 1991. These
    rights are chiefly the rights of attribution and integrity. They
    provide that all artists have rights controlling the use of their
    name in relation to their work, the right to prevent any
    modification of their work that would be prejudicial to their
    reputation, and the right to prevent the destruction of their work
    if it is of recognized stature. These rights are vested with the
    artist throughout their entire lifetime, and may prohibit removal,
    modification, or destruction of artwork.

Cyclic Maintenance

Note: Taken from Chapter 6.4 of the Fine Arts Program *Desk Guide 2000*:

Cyclic maintenance is the periodic and routine maintenance of cultural
property to insure its preservation. Cyclic maintenance instructions are
required as part of all Art in Architecture contracts and all Fine Arts
conservation contracts. The implementation of cyclic maintenance will
eventually reduce conservation costs. A copy of the cyclic maintenance
instructions must be maintained in:

-   property manager's office,

-   regional office,

-   and central office archives.

Cyclic maintenance instructions for specific works of art should be
jointly by a professional fine arts conservator, the artist and/or
fabricator, and GSA property management at the completion of
installation or conservation treatment. Videos documenting installation
and care and maintenance are encouraged.

Cyclic maintenance instructions must be entered into the cyclic
maintenance memo field of the Fine Arts and Art in Architecture
databases. A cyclic maintenance report for each building must be printed
from the databases and used as a cover report for art inspection forms
for that building. This insures the annual distribution of cyclic
maintenance instructions to building managers. This activity should be
coordinated with the Regional Property Management Officer (RPMO).

*Funding*

Each field office is responsible for funding cyclic maintenance. For Art
in Architecture commissions, consideration should be given to including
funds for the future cyclic maintenance of the artwork as part of the
.005 - .02 % currently afforded in the GSA Project Look-Up Tables.

*Who Performs Cyclic Maintenance?*

For Art in Architecture commissions, artists are required to submit
cyclic maintenance instructions at the time of installation or before
contract completion. Cyclic maintenance instructions should be reviewed
by, or developed in conjunction with, a fine arts conservator to insure
that they offer the best techniques possible. Conservator Peers should
review cyclic maintenance instructions as part of the commissioning
process. In addition, a professional fine arts conservator may be
available through the national conservation contract. Requests should be
made to the RFAO.

-   Basic cyclic maintenance may be performed by property managers after
    receiving adequate training from the artist and/or conservator.

-   Many cyclic maintenance services require a professional fine arts
    conservator and may be available through the national conservation
    contract. Requests should be made to the RFAO.

*Training*

Training in the application of cyclic maintenance instructions should be
provided to field office personnel by the fine arts conservator and/or
artist at the time of installation of new works of art or completion of
conservation treatment. Partnership opportunities with local
conservation organizations should also be considered for training and
maintenance. See Appendix A for a list of professional organizations.

New Initiatives

1.  Involve conservator as part of Peer Review process for Art in
    Architecture commissions. Include responsible GSA property
    manager/maintenance worker in acquisition/installation process to
    avoid future problems and insure future care of artwork.

2.  Conservator and/or artist to train GSA personnel at time of
    installation utilizing maintenance instructions. Deliver maintenance
    instructions to responsible GSA building manager/maintenance worker.
    Develop in-house educational program including video tapes of
    artwork installations.

3.  Maintenance should be performed at local level in a cost effective
    manner. At the time of new Art in Architecture installations
    identify local conservators or partner with local museums/university
    art departments to perform future cyclic maintenance. Perform a cost
    analysis for future work in order to budget for necessary funds.

**[For further Information contact:]{.smallcaps}**

**[GSA Design Excellence & the Arts]{.smallcaps}**

**[Marilyn Farley, Director]{.smallcaps}**

**[1800 F Street NW , Room 3341- (PCE)]{.smallcaps}**

**[Washington, DC 20405]{.smallcaps}**

**[Fine Arts Program Alicia Weber, Director, (202) 501-1554 Kathy
Erickson, Deputy, (202) 501-4332]{.smallcaps}**

Regional Fine Arts Officers

Janine Kurth, 1PC, 617-565-5072

Lorraine Haucke, 2PCL, 212-264-3544

Trudy Wang, 3PM, 215-656-5816

Eileen Giordano, 3PM, 215-656-5667

Audrey Entorf, 4PT, 404-331-7597

Caroline Sachay, 5PT, 312-353-0744

Bernd Ostermann, 6PC, 816-823-4905

Steve Kline, 7PMS, 817-978-4229

Janet Preisser, 8PP, 303-236-7131 (x.248)

Don Douglass, 9PCN, 415-522-3145

Kelly Sarver, 10PC, 206-931-7332

Andrea Mones, WPT, 202-708-5334

Regional Property Management Officers

Michael Franzese, 1PM, 617-565-1091

Ashley Cohen, 2PM, 212-264-4273

Joanna Rosato, 3P, 856-757-5247

Steven Leonard, 4PM, 404-331-5130

Jerome Gucfa, 5PB, 312-886-7721

Jeffrey Neely, 6P, 816-823-5939

Richard Williams, 7P, 405-736-1421

Robert Seiffert, 7P, 817-978-6190

Anthony Valenti, 8P, 303-236-7174 (x 237)

John Tate, 9PM, 415-522-3378

Patrick Clark, 10P, 253-931-7725

Sharon Jenkins, WPY, 202-205-8950

Doris Cook, WPG, 202-708-5841

Suppliers & Contacts

**Lighting -- UV Bulbs and Filters**

Light Impressions

1-800-828-6216

[www.lightimpressionsdirect.com](http://www.lightimpressionsdirect.com/)

-   UV Filtering Bulbs, Rapid Start

-   UV Filtering Bulbs, Instant Start

-   Filter Ray UV Shields, 48" and 96"

###### Window Filters

3M Company

1-888-364-3577

[www.3M.com](http://www.3M.com/)

-   3M™ Scotchtint™ Sun Control Films

###### Window Shades

Phifer SheerWeave®

1-800-561-9250

[www.seasaw.com](http://www.seasaw.com/)

###### Local Conservators

-   American Institute for Conservation of Historic & Artistic Works
    (AIC)

> 1-202-452-9545
>
> [www.aic.stanford.edu](http://www.aic.stanford.edu/)

-   Regional Alliance for Preservation (RAP)

> [www.rap-arcc.org](http://www.rap-arcc.org/)

**[M]{.smallcaps}**

*Fine Arts & Property Disposal*

The Fine Arts Program in the Center for Design Excellence & the Arts
(PCE), Office of the Chief Architect manages the portfolio of fine arts
assets under GSA's stewardship to insure their accountability,
accessibility, preservation and appropriate use to enhance and promote
high quality work environments for federal agencies and the public they
serve.

Legal Authorities & References

-   Bulletin of March 26, 1934, "Legal Title to Works Produced under the
    Public Works of Art Project (PWAP)" \[1933-1934\] states:

1.  All works of art executed with the intent that they should occupy a
    particular place in some public building are to be treated as part
    of that building.

2.  The same rule applies to any piece of sculpture executed for the
    purpose of being definitely placed in any building or in a public
    park.

-   Visual Artists Rights Act of 1990, Section 106A, U.S. Code
    Annotated, Title 17, Copyrights, PL101-650 provides "moral rights"
    to artists creating works of visual art after June 1, 1991. These
    rights are chiefly the rights of attribution and integrity. They
    provide that all artists have rights controlling the use of their
    name in relation to their work, the right to prevent any
    modification of their work that would be prejudicial to their
    reputation, and the right to prevent the destruction of their work
    if it is of recognized stature. These rights are vested with the
    artist throughout their entire lifetime, and may prohibit removal,
    modification, or destruction of artwork.

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-   Section 106 of the National Historic Preservation Act (16
    U.S.C. 470) mandates that federal agencies identify historic
    properties that may be affected by their projects, take historic
    properties into account when planning an undertaking, and that they
    allow the State Historic Preservation Office, Certified Local
    Governments, and the Advisory Council on Historic Preservation a
    reasonable opportunity to comment on federal projects that have the
    potential to affect historic properties. This process may be lengthy
    and should be initiated as early as possible.

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-   Federal Property Management Regulations (FPMR), 41 CFR 101, Sections
    43, 44, 45, defines requirements for the Utilization, Donation, and
    Sale, Abandonment or Destruction of personal property.

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-   Federal Property and Administrative Services Act of 1949, Title II,
    Property Management, Section 203 defines requirements for the
    Disposal of Surplus Property.

Policy

Since the scope of the Fine Arts Collection includes artwork
specifically commissioned to enhance the architecture of Federal
buildings, and since the current acquisition of artwork through the Art
in Architecture program includes community participation, it is the
policy of the GSA to retain the original location of installed works of
art.

Steps to Follow -- Property Disposal

As outlined in the Fine Arts Program Desk Guide, the following
procedures must be followed:

1.  The Fine Arts Program must be notified of buildings scheduled for
    excess or relocation that contain artwork as part of the building.

2.  Artwork produced under the PWAP, covered by the Visual Artists
    Rights Act, or the removal of which would have an adverse impact on
    the historic fabric of the building should not be removed.

3.  If the building is to be used for another public function with
    public access, the artwork may be transferred to the new agency or
    government as long as its preservation and public accessibility may
    be assured.

4.  If the new agency or entity cannot insure the future preservation
    and accessibility of the artwork, the artwork should remain the
    property of GSA and may be placed on long term loan to that agency.

5.  If the building will not have future public access, or is to be
    altered in a manner that would harm the artwork, the artwork should
    remain the property of GSA who will find another suitable location
    for the artwork. Whenever possible, GSA will try to find a new
    location in the local area.

6.  All excess or transfer documents should:

-   identify the artwork, including artist, title, date, dimensions,
    material, and location

-   state the disposition of the artwork

-   provide protective covenants should insure that the artwork will be
    preserved in the future and made available for public viewing.

7.  Whenever possible, the artwork should be accompanied a by an
    interpretive plaque stating that the artwork was commissioned for
    the American people by the United States government.

8.  Excess documents that include artwork must have a copy filed with
    PCE.

Relocation

Adverse public opinion does not justify the relocation or removal of
artwork. However, the relocation of works of art may be necessitated due
to property disposal, for example if the building were scheduled for
excess and/or demolition and the artwork would be destroyed.

1.  All requests for relocation must be made in writing to the Director,
    Design Excellence & the Arts. Requests should include the reason for
    relocating the work of art and a proposed schedule.

2.  Every effort must be made to contact the artist and inform them of
    the situation. If possible, GSA will try to work with the artist to
    determine a suitable new location, or get their approval of a new
    location recommended by GSA. Approval should be in the form of a
    written letter.

3.  A professional conservator must be consulted to insure the safety
    and protection of the artwork during relocation. See Chapter 6 of
    the Fine Arts Program Desk Guide.

4.  For works of art that are covered by the Visual Artists Rights Act
    of 1990 (VARA) the artist must be contacted and written approval
    acquired. See Chapter 10 of the Fine Arts Program Desk Guide.

**[For further Information contact:]{.smallcaps}**

**[GSA Design Excellence & the Arts]{.smallcaps}**

**[1800 F Street NW , Room 3341- (PCE)]{.smallcaps}**

**[Washington, DC 20405]{.smallcaps}**

**[Fine Arts Program Alicia Weber, Director, (202)
501-1554]{.smallcaps}**

**[Kathy Erickson, Deputy, (202) 501-4332]{.smallcaps}**

**[Office of General Counsel Richard Butterworth, Real Proprty Division,
202-501-4436]{.smallcaps}**

***APPENDIX F GLOSSARY***

**Adverse Effect Determination** - A written determination between GSA,
the State Historic Preservation Office, and possibly the Advisory
Council on Historic Preservation, that a project will have a detrimental
effect on historic properties. GSA is required to mitigate any adverse
effect to historic properties.

**Advisory Council on Historic Preservation** - A quasi-governmental
agency with headquarters in Washington, D.C., that is responsible for
overseeing the Section 106 process and making recommendations during
disputes between federal agencies and State Historic Preservation
Offices. The Council includes an Advisory Board, of which, GSA's
Administrator is a member.

**Advisory Council Regulations** - Regulations developed by the Advisory
Council on Historic Preservation in 36 CFR Part 800 to implement Section
106 of the National Historic Preservation Act. The regulations outline
the procedures, requirements, roles, and responsibilities of parties
involved in the Section 106 process.

**Asset Business Plan (ABP)** - This document is a strategic tool used
to both develop and support decisions on how best to maintain the value
of an asset and to enhance its performance within the context of the
portfolio. It is based on physical and financial data that support
Community Plans, prospectuses, renovations and/or other projects.

**Asset Management** - The private industry distinguishes between
portfolio management and asset management; however PBS has chosen to
combine these two functions into Portfolio Management. Therefore, Asset
(Portfolio) Management focuses on the financial management of the real
estate and related assets entrusted to PBS within the framework of five
overriding objectives. The five principal objectives are to: provide
space and services that support our clients' missions; support the
social and economic programs of the Federal government; provide cost
effective real estate and related services; ensure the efficient
utilization of real estate assets; and enhance the value of the
portfolio.

**Asset Manager** - In PBS, this person represents the interest of the
owner (the Federal Government), as a "Trustee", in the financial
management of the real estate portfolio that is entrusted to PBS. In
addition, the Asset Manager must make strategic decisions for long-term
housing of Federal agencies while balancing and prioritizing these and
other goals in the best interest of the Federal government.

**Authorization** - The approval of prospectus projects by the House and
Senate committees through a Committee Resolution. The Resolution is then
sent to the Appropriations Committees of the House and Senate for
funding.

**Committee Resolutions** - Authorization of project funding by a House
or Senate authorizing committee or subcommittee. The subcommittee
approves draft resolutions for each prospectus submitted. Then the
prospectus is sent to the full committee where a committee resolution is
adopted.

**Courthouse Management Group (CMG)** - This centralized management
group was established in January 1995 by GSA as part of its
reengineering of PBS whose responsibility is to improve the courthouse
construction program. Their functions include establishing procedures to
improve project management, assuring consistency of scopes and assuring
cost-effectiveness of standards and criteria.

**CT (Courthouse)** - This is PT official abbreviation for Courthouse as
directed by the National Office.

**Eligible Property -** A property that meets the criteria for inclusion
in the National Register of Historic Places. An eligible property is
treated the same as a listed property during the Section 106 process.
Eligibility and non-eligibility must be determined in writing. The
Keeper of the National Register has final authority on eligibility
determinations.

**Estimated Construction Cost (ECC) -** This construction cost component
is inclusive of the same elements as ECCA with the incorporation of a
few more costing factors for traditional construction, as follows:
Reservation Items - Art in Architecture, up to 1.5% and GSA Items, up to
2.0%. The GSA Items normally cover items such as carpet material, bulbs
for light fixtures, etc. A Construction Contingency of 5% that is
designed to cover unforeseen circumstances that may generate additional
costs through change/field orders, etc.

**Estimated Construction Contract Award** (**ECCA)** - This construction
cost component is inclusive of several incremental costing factors for
traditional construction, as follows: A contingency for unknown
conditions for site/design (10%); General Conditions and Profit (15%);
and escalation costs projected from the date of the estimate to the
proposed construction start date utilizing the escalation rate
established by National Office. Escalation costs for the period between
the start and midpoint of construction is generated in the detailed line
item costs of the estimate.

**Estimated Design & Review Cost (EDRC)** - This component is generally
calculated through the use of the lookup tables that is formulated and
issued from National Office. The generated percentage/cost is entirely
dependent on the dollar value of the project and is used, as a tool
only, to negotiate all fees with an Architect and Engineer, inclusive of
all appurtenant Consultants and their staffs.

**Estimated Management & Inspection Cost (EMIC)** - This component is
also generally calculated through the use of the lookup tables that is
formulated and issued from National Office. The generated
percentage/cost is entirely dependent on the dollar value of the
project. This component is a cost allowance, for GSA, to cover the
controlling factors of the construction process, such as: On-site
project management, on-site inspections, home office expenses,
field/home office supplies, postage, etc.

**Estimated Site Cost (ESC)** - This component is generally to cover the
total cost of the land necessary to construct the facility on, but, in
some instances, may take into account two other factors, such as:
demolition costs if there are existing structures on the purchased site
to be removed; and relocation costs, if negotiation requirements of the
site in question, obligate us to pay to relocate existing occupants.

**Estimated Total Project Cost (ETPC)** - This dollar amount represents
a summary of all uniformat subsystem categories, including markups, of
the Traditional or Design Build Delivery. The ETPC would be the summary
of the ECC, EDRC, EMIC and ESC.

**Fabrication** - In general, to make; to create. Often more
specifically, to construct or assemble something.^1^ For Art in
Architecture projects, the construction of the artwork once it has been
approved by GSA.

**FBF** **(Federal Buildings Fund)** - It is an intra-Governmental
revolving fund created by the Public Buildings Amendment of 1972. Being
a revolving fund means that PBS operating costs are financed by annual
charges (RENTS) and other reimbursements paid into the Fund 192 by
Federal agencies. The FBF is subject to congressional limitations on the
use of available revenue.

**Foreclosure -** The failure of a federal agency to provide the
Advisory Council on Historic Preservation a reasonable opportunity to
comment on a proposed undertaking. Foreclosures are reported in the
Advisory Council's Report to the President and a Notice of Violation is
sent to the head of the non-compliant agency. In GSA's case, the
Administrator must reply directly to the Advisory Council if a Notice of
Violation is received.

**Historic Building Preservation Plan (HBPP) -** Report generated by a
Portfolio Management contractor that identifies significant features in
a historic building, separates the building into graded zones of
significant areas, and provides recommendations for needed work and
maintenance guidelines. The HBPP must be complete before a prospectus
level Modernization project is submitted, and can be used as a guideline
for non-prospectus level projects and general maintenance. Building
Engineering Reports should always incorporate HBPP recommendations.

**Historic Property** - Any historic or prehistoric district, site,
building, structure, or object (including artifacts) that is listed on
the National Register of Historic Places or is eligible for listing on
the National Register.

**House Committee on Public Works and Transportation** - The Legislative
Committee in the House of Representatives with authorizing and oversight
responsibility for PBS programs.

**HVAC** - Heating, Ventilation and Air Conditioning are some of the
major mechanical systems in a building structure.

**Listed property -** A historic property that has been officially
included in the National Register of Historic Places.

**Maquette** - In sculpture, a small model in wax or clay, made as a
preliminary sketch, presented to a client for his approval of the
proposed work, or entered in competition for a prize or scholarship. The
Italian equivalent of the term is bozzetto, meaning small sketch.^2^

**Memorandum of Agreement (MOA)** - A mutual signed agreement between
GSA and other interested parties (usually an agency or city/state
entity) that modifies, changes or clarifies original policy or creates
new policy in order to accomplish a temporary or ongoing task. The MOA
outlines the responsibilities of the signatories, agreed upon actions
etc. National Office, Congressional or OMB approval depends upon the
scope of the agreements.

**Memorandum of Understanding (MOU)**. - Same as a Memorandum of
Agreement (MOA).

**National Park Service (NPS)** - As part of the U.S. Department of the
Interior, the NPS administers both the National Register of Historic
Places, established 1966, and the National Historic Landmarks Survey,
established 1935. The NPS was created by Congress in 1916 as a national
conservation agency with the primary responsibility of promoting and
regulating Federally-owned lands, it extended its recognition to
historic properties not owned or administered by the Federal government
with the enactment of the Historic Sites Act in 1935.

**National Register of Historic Places (NRHP)** - This is the official
Federal list of districts, sites, buildings, structures, and objects
significant in American history, architecture, archeology, engineering,
and culture that contribute to an understanding of the historical and
cultural foundations of this Nation.

**No Adverse Effect Determination** - A written determination between
GSA, the State Historic Preservation Office, and possibly the Advisory
Council on Historic Preservation, that, though a project has an effect
on historic properties, GSA has avoided adversely impacting them. A no
adverse effect determination ends the Section 106 process.

**No Effect Determination** - A written determination by GSA that a
project is an undertaking, but will result in no effect to any historic
properties. The State Historic Preservation Office has 15 days to object
to this determination. If they do not object, the project may proceed.

**Occupancy Agreement (OA)** - The OA is a document that will serve to
record the mutual understanding between GSA and the customer agency as
to financial terms, space build-out, contractual conditions, terms,
obligations, and timing of the occupancy. It represents the GSA/Customer
agreement for a specific housing need; however, the OA is not a contract
therefore, not legally binding between the two parties.

**Office of Management & Budget (OMB)** - This executive agency reports
directly to the President and is totally independent of Federal
agencies. OMB approves the total budget of GSA and individual
prospectuses in support of the National budget submission to Congress.

**Personal Property** -- Property other than real property consisting of
things temporary or moveable. Property signifies dominion or right of
use, control, and disposition that one may lawfully exercise over
things, objects, or land. One of the basic dividing lines between
property is that between real property and personal property.

**Portfolio Management** - The division which manages the real estate
holdings, government-owned and leased, and related assets. As the
owner's trustee, the Asset Managers are to optimize the value of the
portfolio through serving the missions of GSA's customers; supporting
social and economic programs of the federal Government; providing
incentives for cost effective operation and utilization of our assets;
and practicing sound financial management.

**Prospectus** - A document that defines in detail a proposed course of
action (either new construction, lease or alterations project) that is
submitted to OMB and Congress for approval and funding. The prospectus
includes a description of the proposed project, its location, estimated
maximum cost, and justification for the proposed project. The total cost
of the project exceeds regional authority which varies each year. For FY
98 the prospectus thresholds are \$1.81 million for new construction,
alterations and lease actions and \$905,000 for lease alterations. When
writing about projects, use the term "BELOW PROSPECTUS" rather than
\"non-prospectus\" or \"small project.\" (See Prospectus Process)

**Prospectus Development Study (PDS)** - A document used to define a new
construction or alteration project. The documents include the design
programming requirements, agency requirements, goals and objectives,
cost estimates and implementation strategies. The PDS is done before and
in support of a prospectus.

**Prospectus Level** - When the total costs of a project exceeds
regional authority. Each year this threshold is increased according to a
construction cost index. For 1997 and 1998, the threshold for new
construction and alteration projects is \$1.74 and \$1.81 million,
prospectively. For Lease alterations, the threshold is \$805,000 and
\$905,000 for 1997 and 1998, prospectively.

**Prospectus Process** - The Public Buildings Act of 1959 (PBA of 1959)
establishes a committee authorization process resulting in committee
resolutions to document project approvals. The House Committee on
Transportation and Infrastructure and the Senate Committee on
Environment and Public Works are GSA's authorizing committees for the
public buildings program. The PBA of 1959 establishes the prospectus as
the vehicle for requesting authority; defines the required content of
the prospectus document; and establishes the project cost threshold at
which prospectuses are required. This amount is adjusted annually based
on a construction costs index. Hearings on the prospectus program are
held at the subcommittee level of the authorizing committees of the
House and the Senate producing a draft committee resolution. The
prospectuses are then sent to the Senate and House full committee level
for a final resolution. They are then passed on to the appropriation
subcommittees of the House and Senate. Markup sessions occur subsequent
to hearings on the program then passed to the full House and Senate for
passage. If passed, the legislation goes to the President for signature,
enacting it into law. Prospectus-level capital projects in GSA's program
receive appropriations through line-items in appropriation acts.

**Real Property** -- Property in buildings and land; real estate.
Property signifies dominion or right of use, control, and disposition
that one may lawfully exercise over things, objects, or land. One of the
basic dividing lines between property is that between real property and
personal property. Generally, the term real property refers to land.
Land, in its general usage, includes not only the face of the earth but
everything of a permanent nature over or under it. This includes
structures and minerals.

**Report of Excess (ROE)** - Also known as forms SF118A-E, are the forms
prepared by Portfolio Management that is used to transmit a property to
be excessed from PBS inventory to the Office of Property Disposal.

**Retention/Disposal (R/D)** **Study** - A report used to determine the
feasibility of retaining or disposing of a Federal building. Factors
normally used to determine if a R/D study is needed are vacancy rates
exceeding 20 percent, consistent unprofitability and high operating
cost.

**Reimbursable Work Authorization (RWA) -** A document that allows GSA
to perform services or accomplish work for another agency and be
reimbursed by the agency for services rendered.

**Secretary of the Interior's Standards**- Standards for New
Construction, Rehabilitation, Preservation, and Restoration projects
developed by the Secretary of the Interior. The standards must be
followed in the design of projects affecting historic properties in
order to avoid an adverse effect on the properties.

**Section 106 Process** - Refers to the process required in Section 106
of the National Historic Preservation Act. The process mandates that
federal agencies identify historic properties that may be affected by
their projects, take historic properties into account when planning an
undertaking, and that they allow the State Historic Preservation Office,
Certified Local Governments, and the Advisory Council on Historic
Preservation a reasonable opportunity to comment on federal projects
that have the potential to affect historic properties. This process may
be lengthy and should be initiated as early as possible.

**State Historic Preservation Officer (SHPO)** - The primary party GSA
is required to consult with regarding projects that have the potential
to affect historic properties. SHPO comments must be taken into account
during the planning and design of undertakings**.**

**Undertaking -** Any federally controlled or funded project (directly
or indirectly) that has the potential to affect **historic properties**.
All undertakings require the completion of the Section 106 process.^3^

\_\_\_\_

^1^ "ArtLex", on-line art dictionary,
www.aristotle.com/sskystorage/Art/Artlex.

^2^ "A Dictionary of Art Terms and Techniques," Ralph Mayer, Thomas Y.
Crowell Company, NY, page 233.

^3^ "Dictionary of Terms," Portfolio Management Division (4PT).

***APPENDIX G REGIONAL PRACTICES***

This Appendix will include samples of regional practices that relate to
the Fine Arts Program.

[^1]: Copyright Act of 1976, 17 U.S.C. § 102(a).

[^2]: Community for Creative Non-Violence v. Reid, 490 U.S. 730, 737
    (1989).

[^3]: Copyright Act of 1976, 17 U.S.C §105

[^4]: Form 8651-a, Public Buildings Administration, Federal Works Agency
    contract. 1941.

[^5]: The Bulletin only applies to works produced under the Department
    of Treasury's Public Works of Art Project (PWAP), which later became
    a part of the Federal Works Agency.

[^6]: This section is not quoted above, but a copy of the Operating
    Procedure is attached.

[^7]: Other laws may apply to WPA works of art even though the federal
    government no longer retains an ownership interest. For example, the
    National Historic Preservation Act of 1966 (NHPA), 16 U.S.C. §470,
    [et seq.]{.underline}, may apply to the structure if the structure
    is 50 years old or older. NHPA protects the original fabric of the
    building. Individual states also have laws that protect historical
    property.