[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Rules and Regulations]
[Pages 5358-5373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-180]
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Part XII
General Services Administration
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41 CFR Parts 101-6, et al.
Real Property Policies; Final Rule
Federal Register / Vol. 66 , No. 12 / Thursday, January 18, 2001 /
Rules and Regulations
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-6, 101-18, 101-19, 101-20, 101-33, 101-47, 102-71,
102-72, 102-73, 102-74, 102-75, 102-76, 102-77, 102-78, 102-79,
102-80, 102-81, 102-82
[FPMR Amendment D-97]
RIN 3090-AF95
Real Property Policies
AGENCY: Office of Government-wide Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is adding coverage
on real property policies to the Federal Management Regulation (FMR). A
section has been added to each affected Federal Property Management
Regulations (FPMR) part to direct readers to the additional policy
coverage contained in the FMR. The FMR coverage is written in plain
language to provide agencies with updated regulatory material that is
easy to read and understand.
EFFECTIVE DATE: January 18, 2001.
FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real
Property Policy Division, at (202) 501-1737.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule describes the current real property policies
applicable to GSA and Federal agencies to whom GSA real property
authority has been delegated. The policies contained in this rule
reflect the way that real property operations are currently conducted
and these policies have been separated from their procedural components
resulting in a more efficient and easy to understand regulation.
The policies contained in this rule were published as a proposed
rule at 62 FR 42444, August 7, 1997. GSA received several comments on
the proposed rule. The comments were from an individual, special
interest groups, and Federal agencies. All comments were considered in
the formulation of the final rule. GSA believes the final regulation is
responsive to the concerns raised by all parties providing comments.
B. Executive Order 12866
The General Services Administration (GSA) has determined that this
final rule is not a significant regulatory action for the purposes of
Executive Order 12866.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act does
not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose reporting, recordkeeping or information collection
requirements which require the approval of the Office of Management and
Budget pursuant to 44 U.S.C. 3501 et seq.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is also exempt from Congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
List of Subjects in 41 CFR Parts 101-6, 101-17, 101-18, 101-19,
101-20, 101-33, 101-47 and 102-71 Through 102-82
Administrative practice and procedure, Blind, Concessions, Federal
buildings and facilities, Fire prevention, Government property
management, Homeless, Individuals with disabilities, Occupational
safety and health, Parking, Real property acquisition, Security
measures, Surplus Government property, Utilities.
For the reasons set forth in the preamble, GSA amends 41 CFR
chapters 101 and 102 as follows:
CHAPTER 101--[AMENDED]
PART 101-6--MISCELLANEOUS REGULATIONS
1. The authority citation for part 101-6 is revised to read as
follows:
Authority: 31 U.S.C. 1344(e)(1); 40 U.S.C. 486(c).
2. Amend Sec. 101-6.300 by adding paragraph (g) to read as follows:
Sec. 101-6.300 Federal facility ridesharing general policy.
* * * * *
(g) For more information on Federal facility ridesharing, see 41
CFR parts 102-71 through 102-82. To the extent that any policy
statements in this subpart are inconsistent with the policy statements
in 41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR
parts 102-71 through 102-82 are controlling.
3. Amend Sec. 101-6.600 by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 101-6.600 Scope of subpart.
* * * * *
(b) For more information on fire protection (firesafety)
engineering, see 41 CFR parts 102-71 through 102-82. To the extent that
any policy statements in this subpart are inconsistent with the policy
statements in 41 CFR parts 102-71 through 102-82, the policy statements
in 41 CFR parts 102-71 through 102-82 are controlling.
4. Part 101-17 is revised to read as follows:
PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE
Authority: 40 U.S.C. 285, 304c, 601 et seq., 490 note; E.O.
12072, 43 FR 36869, 3 CFR, 1978 Comp., p. 213.
Sec. 101-17.0 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).
For information on assignment and utilization of space, see FMR
part 102-79 (41 CFR part 102-79).
PART 101-18--ACQUISITION OF REAL PROPERTY
5. The authority citation for part 101-18 is revised to read as
follows:
Authority: Sec. 1-201(b), E.O. 12072, 43 FR 36869, 3 CFR, 1978
Comp., p. 213.
6. Amend Sec. 101-18.000 by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 101-18.000 Scope of part.
* * * * *
(b) For more information on the acquisition of real property, see
41 CFR parts 102-71 through 102-82. To the extent that any policy
statements in this part are inconsistent with the policy statements in
41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR
parts 102-71 through 102-82 are controlling.
PART 101-19--CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS
7. The authority citation for part 101-19 is revised to read as
follows:
Authority: 40 U.S.C. 486(c), 490 and 601-619; 86 Stat. 216.
8. Amend Sec. 101-19.000 by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 101-19.000 Scope of part
* * * * *
(b) For more information on the construction and alteration of
public buildings, see 41 CFR parts 102-71 through 102-82. To the extent
that any policy statements in this part are
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inconsistent with the policy statements in 41 CFR parts 102-71 through
102-82, the policy statements in 41 CFR parts 102-71 through 102-82 are
controlling.
PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS
9. The authority citation for part 101-20 is revised to read as
follows:
Authority: 40 U.S.C. 486(c).
10. Amend Sec. 101-20.000 by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 101-20.000 Scope of part.
* * * * *
(b) For more information on the management of buildings and
grounds, see 41 CFR parts 102-71 through 102-82. To the extent that any
policy statements in this part are inconsistent with the policy
statements in 41 CFR parts 102-71 through 102-82, the policy statements
in 41 CFR parts 102-71 through 102-82 are controlling.
11. The Appendix to Subchapter D is amended by adding Sec. 101-
17.000 to interim rule D-1 to read as follows:
Appendix to Subchapter D--Temporary Regulations
* * * * *
Federal Property Management Regulations; Interim Rule D-1
* * * * *
Sec. 101-17.000 Scope of part.
For more information on location of space, see 41 CFR parts 102-71
through 102-82. To the extent that any policy statements in this part
are inconsistent with the policy statement in 41 CFR parts 102-71
through 102-82, the policy statements in 41 CFR parts 102-71 through
102-82 are controlling.
* * * * *
PART 101-33--PUBLIC UTILITIES
12. The authority citation for part 101-33 is revised to read as
follows:
Authority: 40 U.S.C. 486(c).
13. Amend Sec. 101-33.000 by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 101-33.000 Scope of part.
* * * * *
(b) For more information on the management of public utility
services, see 41 CFR parts 102-71 through 102-82. To the extent that
any policy statements in this part are inconsistent with the policy
statements in 41 CFR parts 102-71 through 102-82, the policy statements
in 41 CFR parts 102-71 through 102-82 are controlling.
PART 101-47--UTILIZATION AND DISPOSAL OF REAL PROPERTY
14. The authority for part 101-47 is revised to read as follows:
Authority: 40 U.S.C. 486(c).
15. Amend Sec. 101-47.000 by designating the existing text as
paragraph (a) and adding a new paragraph (b) to read as follows:
Sec. 101-47.000 Scope of part.
* * * * *
(b) For more information on the utilization and disposal of real
property, see 41 CFR parts 102-71 through 102-82. To the extent that
any policy statements in this part are inconsistent with the policy
statements in 41 CFR parts 102-71 through 102-82, the policy statements
in 41 CFR parts 102-71 through 102-82 are controlling.
CHAPTER 102--[AMENDED]
16. Parts 102-71 through 102-82 are added to subchapter C to read
as follows:
PART 102-71--GENERAL
Sec.
102-71.5 What are the scope and philosophy of the General Services
Administration's (GSA) real property policies?
102-71.10 How are these policies organized?
102-71.15 What happens if the policy statements in this part and
parts 102-72 through 102-82 of this chapter conflict with policy
statements in 41 CFR parts 101-6, 101-17 through 101-20, 101-33, and
101-47?
102-71.20 What definitions apply to GSA's real property policies?
102-71.25 Who must comply with GSA's real property policies?
102-71.30 How must these real property policies be implemented?
102-71.35 Are agencies allowed to deviate from GSA's real property
policies?
Authority: 40 U.S.C. 486(c).
Sec. 102-71.5 What are the scope and philosophy of the General
Services Administration's (GSA) real property policies?
GSA's real property policies contained in this part and parts 102-
72 through 102-82 of this chapter apply to Federal agencies, including
the GSA/Public Buildings Service (PBS), operating under, or subject to,
the authorities of the Administrator of General Services. These
policies cover the acquisition, management, and utilization and
disposal of real property by Federal agencies that initiate and have
decisionmaking authority over actions for real property services. The
detailed guidance implementing these policies is contained in separate
customer service guides.
Sec. 102-71.10 How are these policies organized?
GSA has divided its real property policies into the following
functional areas:
(a) Delegation of authority;
(b) Real estate acquisition;
(c) Facility management;
(d) Real property disposal;
(e) Design and construction;
(f) Art-in-architecture;
(g) Historic preservation;
(h) Assignment and utilization of space;
(i) Safety and environmental management;
(j) Security; and
(k) Utility services.
Sec. 102-71.15 What happens if the policy statements in this part and
parts 102-72 through 102-82 of this chapter conflict with policy
statements in 41 CFR parts 101-6, 101-17 through 101-20, 101-33, and
101-47?
The policies in this part and parts 102-72 through 102-82 of this
chapter apply to 41 CFR parts 101-17 through 101-20, 101-33, and 101-
47. To the extent that any policy statements elsewhere in 41 CFR parts
101-17 through 101-20, 101-33, and 101-47 are inconsistent with the
policy statements in this part and parts 102-72 through 102-82 of this
chapter, the policy statements in this chapter are controlling.
Sec. 102-71.20 What definitions apply to GSA's real property policies?
The following definitions apply to GSA's real property policies:
Executive agency means any Executive department or independent
establishment in the Executive branch of the Government, including any
wholly owned Government corporation.
Federal agency means any Executive agency or any establishment in
the legislative or judicial branch of the Government (except the
Senate, the House of Representatives, and the Architect of the Capitol
and any activities under his or her direction).
Federal Government real property services provider means any
Federal Government entity operating under, or subject to, the
authorities of the Administrator of General Services, that provides
real property services to Federal agencies. This definition also
includes private sector firms under contract with Federal agencies that
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deliver real property services to Federal agencies. This definition
excludes any entity operating under, or subject to, authorities other
than those of the Administrator of General Services.
Public building means:
(1) Any building which is suitable for office and/or storage space
for the use of one or more Federal agencies or mixed ownership
corporations, such as Federal office buildings, post offices,
customhouses, courthouses, border inspection facilities, warehouses,
and any such building designated by the President. It also includes
buildings of this sort that are acquired by the Federal Government
under the Administrator's installment-purchase, lease-purchase, and
purchase-contract authorities.
(2) Public building does not include buildings:
(i) On the public domain.
(ii) In foreign countries.
(iii) On Indian and native Eskimo properties held in trust by the
United States.
(iv) On lands used in connection with Federal programs for
agricultural, recreational, and conservation purposes.
(v) On or used in connection with river, harbor, flood control,
reclamation or power projects, or for chemical manufacturing or
development projects, or for nuclear production, research, or
development projects.
(vi) On or used in connection with housing and residential
projects.
(vii) On military installations.
(viii) On Department of Veteran's Affairs' installations used for
hospital or domiciliary purposes.
(ix) Excluded by the President.
Sec. 102-71.25 Who must comply with GSA's real property policies?
Federal agencies operating under, or subject to, the authorities of
the Administrator of General Services must comply with these policies.
Sec. 102-71.30 How must these real property policies be implemented?
Each Federal Government real property services provider must
provide services that are in accord with the policies presented in
parts 102-71 through 102-82 of this chapter. Also, Federal agencies
must make the provisions of any contract with private sector real
property services providers conform to the policies in parts 102-71
through 102-82 of this chapter.
Sec. 102-71.35 Are agencies allowed to deviate from GSA's real
property policies?
Yes, see Sec. Sec. 102-2.60 through 102-2.110 of this chapter to
request a deviation from the requirements of these real property
policies.
PART 102-72--DELEGATION OF AUTHORITY
Sec.
102-72.5 What is the scope of this part?
102-72.10 What basic policy governs delegation of authority to
Federal agencies?
102-72.15 What criteria must a delegation meet?
102-72.20 Are there limitations on this delegation of authority?
102-72.25 What are the different types of delegations of
authority?
102-72.30 What are the different types delegations related to real
estate leasing?
102-72.35 What are the requirements for obtaining an ACO
delegation from GSA?
102-72.40 What are facility management delegations?
102-72.45 What are the different types of facility management
delegations?
102-72.50 What are Executive agencies' responsibilities under a
delegation of real property management and operation authority from
GSA?
102-72.55 What are the requirements for obtaining a delegation of
real property management and operation authority from GSA?
102-72.60 What are Executive agencies' responsibilities under a
delegation of individual repair and alteration project authority
from GSA?
102-72.65 What are the requirements for obtaining a delegation of
individual repair and alteration project authority from GSA?
102-72.70 What are Executive agencies' responsibilities under a
delegation of lease management authority (contracting officer
representative authority) from GSA?
102-72.75 What are the requirements for obtaining a delegation of
lease management authority (contracting officer representative
authority) from GSA?
102-72.80 What are Executive agencies' responsibilities under a
disposal of real property delegation of authority from GSA?
102-72.85 What are the requirements for obtaining a disposal of
real property delegation of authority from GSA?
102-72.90 What are Executive agencies' responsibilities under a
security delegation of authority from GSA?
102-72.95 What are the requirements for obtaining a security
delegation of authority from GSA?
102-72.100 What are Executive agencies' responsibilities under a
utility service delegation of authority from GSA?
102-72.105 What are the requirements for obtaining a utility
services delegation of authority from GSA?
Authority: 40 U.S.C. 486(c), (d) and (e).
Sec. 102-72.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-72.10 What basic policy governs delegation of authority to
Federal agencies?
The Administrator of General Services may delegate and may
authorize successive redelegations of the real property authority
vested in the Administrator to any Federal agency.
Sec. 102-72.15 What criteria must a delegation meet?
Delegations must be in the Government's best interest, which means
that GSA must evaluate such factors as whether a delegation would be
cost effective for the Government in the delivery of space.
Sec. 102-72.20 Are there limitations on this delegation of authority?
Federal agencies must exercise delegated real property authority
and functions according to the parameters described in each delegation
of authority document, and Federal agencies may only exercise the
authority of the Administrator that is specifically provided within the
delegation of authority document.
Sec. 102-72.25 What are the different types of delegations of
authority?
The basic types of GSA Delegations of Authority are:
(a) Delegation of Leasing Authority;
(b) Delegation of Real Property Management and Operation Authority;
(c) Delegation of Individual Repair and Alteration Project
Authority;
(d) Delegation of Lease Management Authority (Contracting Office
Representative Authority);
(e) Delegation of Administrative Contracting Officer (ACO)
Authority;
(f) Delegation of Real Property Disposal Authority;
(g) Security Delegation of Authority; and
(h) Utility Services Delegation of Authority.
Sec. 102-72.30 What are the different types of delegations related to
real estate leasing?
Delegations related to real estate leasing include the following:
(a) Categorical space delegations, Agency special purpose space
delegations, and delegations to specific agencies for certain space and
lands outside urban areas (see Sec. 101-18.104 of this title).
(b) The Administrator of General Services has issued a standing
delegation of authority (under a program known as ``Can't Beat GSA
Leasing'') to the heads of all Federal agencies to accomplish all
functions relating to leasing of general purpose space for terms of up
to 20 years regardless of geographic location. This delegation includes
some conditions Federal
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agencies must meet when conducting the procurement themselves, such as
training in lease contracting and reporting data to GSA.
(c) An Administrative Contracting Officer (ACO) delegation, in
addition to lease management authority, provides Federal agencies with
limited contracting officer authority to perform such duties as paying
and withholding lessor rent and modifying lease provisions that don't
change the lease term length or the amount of space under lease.
Sec. 102-72.35 What are the requirements for obtaining an ACO
delegation from GSA?
When Federal agencies don't exercise the delegation of authority
for general purpose space mentioned in Sec. 102-72.30(b), GSA may
consider granting an ACO delegation when Federal agencies:
(a) Occupy at least 90 percent of the building's GSA-controlled
space or Federal agencies have the written concurrence of 100 percent
of rent-paying occupants covered under the lease; and
(b) Have the technical capability to perform the leasing function.
Sec. 102-72.40 What are facility management delegations?
Facility management delegations give Executive agencies authority
to operate and manage buildings day to day, to perform individual
repair and alteration projects and manage real property leases.
Sec. 102-72.45 What are the different types of delegations related to
facility management?
The principal types of delegations involved in the management of
facilities are:
(a) Real property management and operation authority;
(b) Individual repair and alteration project authority; and
(c) Lease management authority (contracting officer representative
authority).
Sec. 102-72.50 What are Executive agencies' responsibilities under a
delegation of real property management and operation authority from
GSA?
With this delegation, Executive agencies have the authority to
operate and manage buildings day to day. Delegated functions may
include building operations, maintenance, recurring repairs, minor
alterations, historic preservation, concessions, and energy management
of specified buildings subject to the conditions in the delegation
document.
Sec. 102-72.55 What are the requirements for obtaining a delegation of
real property management and operation authority from GSA?
An Executive agency may be delegated real property management and
operation authority when it:
(a) Occupies at least 90 percent of the space in the Government-
controlled facility or has the concurrence of 100 percent of the rent-
paying occupants to perform these functions; and
(b) Demonstrates that it can perform the delegated real property
management and operation responsibilities.
Sec. 102-72.60 What are Executive agencies' responsibilities under a
delegation of individual repair and alteration project authority from
GSA?
With this delegation of authority, Executive agencies have the
responsibility to perform individual repair and alterations projects.
Executive agencies are delegated repair and alterations authority for
reimbursable space alteration projects up to the simplified acquisition
threshold, under Sec. 101-20.106 of this title.
Sec. 102-72.65 What are the requirements for obtaining a delegation of
individual repair and alteration project authority from GSA?
Executive agencies may be delegated repair and alterations
authority for other individual alteration projects when they
demonstrate the ability to perform the delegated repair and alterations
responsibilities and when such a delegation promotes efficiency and
economy.
Sec. 102-72.70 What are Executive agencies' responsibilities under a
delegation of lease management authority (contracting officer
representative authority) from GSA?
When an Executive agency does not exercise the delegation of
authority mentioned in Sec. 102-72.30(b) to lease general purpose space
itself, it may be delegated, upon request, lease management authority
to manage the administration of one or more lease contracts awarded by
GSA.
Sec. 102-72.75 What are the requirements for obtaining a delegation of
lease management authority (contracting officer representative
authority) from GSA?
An Executive agency may be delegated lease management authority
when it:
(a) Occupies at least 90 percent of the building's GSA-controlled
space or has the written concurrence of 100 percent of rent-paying
occupants covered under the lease to perform this function; and
(b) Demonstrates the ability to perform the delegated lease
management responsibilities.
Sec. 102-72.80 What are Executive agencies' responsibilities under a
disposal of real property delegation of authority from GSA?
With this delegation, Executive agencies have the authority to
utilize and dispose of excess or surplus real and related personal
property and to grant approvals and make determinations subject to the
conditions in the delegation document.
Sec. 102-72.85 What are the requirements for obtaining a disposal of
real property delegation of authority from GSA?
While disposal delegations to Executive agencies are infrequent,
GSA may delegate authority to them based on situations involving
certain low-value properties and when they can demonstrate that they
have the technical expertise to perform the disposition functions. GSA
may grant special delegations of authority to Executive agencies for
the utilization and disposal of certain real property through the
procedures set forth in part 101-47, subpart 101-47.6, of this title.
Sec. 102-72.90 What are Executive agencies' responsibilities under a
security delegation of authority from GSA?
With a security delegation, Executive agencies have the authority
and responsibility to protect persons and property at the locations
identified in the delegation document.
Sec. 102-72.95 What are the requirements for obtaining a security
delegation of authority from GSA?
Executive agencies may be delegated security authority when any of
the following conditions exist:
(a) A clear and unique security requirement;
(b) A critical national security issue;
(c) An intelligence or law enforcement mission; or
(d) The current security contractor is ineffective.
Sec. 102-72.100 What are Executive agencies' responsibilities under a
utility service delegation of authority from GSA?
With this delegation, Executive agencies have the authority to
negotiate and execute utility services contracts for periods over one
year but not exceeding ten years for their use and benefit. Agencies
also have the authority to intervene in utility rate proceedings to
represent the consumer interests of the Federal Government, if so
provided in the delegation of authority.
Sec. 102-72.105 What are the requirements for obtaining a utility
services delegation of authority from GSA?
Executive agencies may be delegated utility services authority when
they
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have the technical expertise and adequate staffing.
PART 102-73--REAL ESTATE ACQUISITION
Sec.
102-73.5 What is the scope of this part?
102-73.10 What is the basic real estate acquisition policy?
102-73.15 What real estate acquisition and related services must
Federal agencies provide?
102-73.20 When may Federal agencies consider leases of privately
owned land and buildings to satisfy their space needs?
102-73.25 Are Federal agencies required to give priority
consideration to space in buildings under the custody and control of
the United States Postal Service in fulfilling Federal agency space
needs?
102-73.30 On what basis must Federal agencies acquire leases?
102-73.35 Are Executive agencies required to acquire leased space
by negotiation?
102-73.40 Is the CICA applicable to lease acquisition?
102-73.45 What policy must Executive agencies comply with in
locating Federal facilities?
102-73.50 What historic preservation provisions must Federal
agencies comply with when acquiring space by lease?
102-73.55 With whom may Federal agencies enter into lease
agreements?
102-73.60 Are there any limitations on leasing certain space?
102-73.65 When may Federal agencies consider acquiring leases with
purchase options?
102-73.70 What scoring rules must Federal agencies follow when
considering leases and leases with purchase options?
102-73.75 When may Federal agencies consider purchase of
buildings?
102-73.80 What factors must Executive agencies consider when
purchasing sites?
102-73.85 What land acquisition policy must Federal agencies
follow?
102-73.90 What relocation assistance policy must Federal agencies
follow?
102-73.95 Is a prospectus required for all acquisition,
construction or alteration projects?
102-73.100 What happens if the project exceeds the prospectus
threshold?
Authority: 40 U.S.C. 486(c); Sec. 3(c), Reorganization Plan No.
18 of 1950 (40 U.S.C. 490 note); Sec. 1-201(b), E.O. 12072, 43 FR
36869, 3 CFR, 1978 Comp., p. 213.
Sec. 102-73.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-73.10 What is the basic real estate acquisition policy?
If suitable Government-controlled space is unavailable, Executive
agencies must acquire real estate and related services in an efficient
and cost effective manner.
Sec. 102-73.15 What real estate acquisition and related services must
Federal agencies provide?
Federal agencies, upon approval from GSA, may provide real estate
and related services, including leases (with and without purchase
options), building purchase, purchase of sites, condemnation, and
relocation assistance.
Sec. 102-73.20 When may Federal agencies consider leases of privately
owned land and buildings to satisfy their space needs?
Federal agencies may consider leases of privately owned land and
buildings only when needs cannot be satisfactorily met in Government-
controlled space and one or more of the following conditions exist:
(a) Leasing is more advantageous to the Government than
constructing a new building, or more advantageous than altering an
existing Federal building;
(b) New construction or alteration is unwarranted because demand
for space in the community is insufficient, or is indefinite in scope
or duration; or
(c) Federal agencies cannot provide for the completion of a new
building within a reasonable time.
Sec. 102-73.25 Are Federal agencies required to give priority
consideration to space in buildings under the custody and control of
the United States Postal Service in fulfilling Federal agency space
needs?
Yes, after considering the availability of GSA-controlled space,
Federal agencies must extend priority consideration to available space
in buildings under the custody and control of the United States Postal
Service (USPS) in fulfilling Federal agency space needs.
Sec. 102-73.30 On what basis must Federal agencies acquire leases?
Federal agencies must acquire leases on the most favorable basis to
the Federal Government, with due consideration to maintenance and
operational efficiency, and at charges consistent with prevailing
market rates for comparable facilities in the community.
Sec. 102-73.35 Are Executive agencies required to acquire leased space
by negotiation?
Yes, Executive agencies must acquire leased space by negotiation,
except where the sealed bid procedure is required by the Competition in
Contracting Act of 1984 (CICA), as amended (41 U.S.C. 253(a)). See also
40 U.S.C. 618(b) with respect to the use of competitive procedures for
the acquisition of leaseholds in buildings constructed for Federal
Government use.
Sec. 102-73.40 Is the CICA applicable to lease acquisition?
Yes, Executive agencies must obtain full and open competition among
suitable locations meeting minimum Government requirements, except as
otherwise provided by CICA.
Sec. 102-73.45 What policy must Executive agencies comply with in
locating Federal facilities?
When acquiring space by lease, Executive agencies must comply with
the location policies in Sec. 101-17.205 and Sec. 102-79.90 (E.O. 13006
(61 FR 26071, 3 CFR, 1996 Comp., p. 195)) of this title.
Sec. 102-73.50 What historic preservation provisions must Federal
agencies comply with when acquiring space by lease?
When acquiring space by lease, Federal agencies must comply with
the provisions of section 110(a) of the National Historic Preservation
Act of 1966, as amended, (16 U.S.C. 470h-2(a)), regarding the use of
historic properties.
Sec. 102-73.55 With whom may Federal agencies enter into lease
agreements?
Federal agencies, upon approval from GSA, may enter into lease
agreements with any person, copartnership, corporation, or other public
or private entity, which do not bind the Government for periods in
excess of twenty years (40 U.S.C. 490(h)(1)). This policy does not
include persons who might otherwise be barred from contracting with the
Federal Government (e.g., debarred or suspended contractors or Members
of Congress).
Sec. 102-73.60 Are there any limitations on leasing certain space?
Yes, the limitations on leasing certain space are as follows:
(a) In general, Federal agencies may not lease any space to
accommodate computer and telecommunications operations; secure or
sensitive activities related to the national defense or security; or a
permanent courtroom, judicial chamber, or administrative office for any
United States court, if the average annual net rental cost of leasing
such space would exceed the prospectus threshold (40 U.S.C. 606(e)).
(b) Federal agencies may lease such space only if the Administrator
of General Services first determines that leasing such space is
necessary to meet
[[Page 5363]]
requirements which cannot be met in public buildings and submits such
reasons to the Committee on Environment and Public Works of the Senate
and the Committee on Public Works and Transportation of the House of
Representatives in accordance with 40 U.S.C. 606(e).
Sec. 102-73.65 When may Federal agencies consider acquiring leases
with purchase options?
Agencies may consider leasing with a purchase option at or below
fair market value when one or more of the following conditions exist:
(a) The purchase option offers economic and other advantages to the
Government and is consistent with the Government's goals;
(b) The Government is the sole or major tenant of the building, and
has a long-term need for the property; or
(c) Leasing with a purchase option is otherwise in the best
interest of the Government.
Sec. 102-73.70 What scoring rules must Federal agencies follow when
considering leases and leases with purchase options?
All Federal agencies must follow the budget scorekeeping rules for
leases, capital leases, and lease-purchases identified in appendices A
and B of OMB Circular A-11 (For availability, see 5 CFR 1310.3).
Sec. 102-73.75 When may Federal agencies consider purchase of
buildings?
Agencies may consider purchase of buildings on a case-by-case basis
when one or more of the following conditions exist:
(a) It is economically more beneficial to own and manage the
property;
(b) There is a long-term need for the property;
(c) The property is an existing building, or a building nearing
completion, that can be purchased and occupied within a reasonable
time; or
(d) When otherwise in the best interests of the Government.
Sec. 102-73.80 What factors must Executive agencies consider when
purchasing sites?
Agencies must locate proposed Federal buildings on sites that are
most advantageous to the United States. Executive agencies must
consider factors such as whether the site will contribute to economy
and efficiency in the construction, maintenance and operation of the
individual building, and how the proposed site relates to the
Government's total space needs in the community. Prior to acquiring,
constructing or leasing buildings (or sites for such buildings),
Federal agencies must use, to the maximum extent feasible, historic
properties available to the agency. In site selections, Executive
agencies must consider Executive Orders 12072 (3 CFR, 1978 Comp., p.
213) and 13006 (40 U.S.C. 601a note). In addition, Executive agencies
must consider all of the following:
(a) Maximum utilization of Government-owned land (including excess
land) whenever it is adequate, economically adaptable to requirements
and properly located, where such use is consistent with the provisions
of part 101-47, subpart 101-47.8, of this title.
(b) A site adjacent to or in the proximity of an existing Federal
building which is well located and is to be retained for long-term
occupancy.
(c) The environmental condition of proposed sites prior to
purchase: The sites must be free from contamination, unless it is
otherwise determined to be in the best interests of the Government to
purchase a contaminated site (e.g., reuse of a site under an
established ``Brownsfields'' program).
(d) Purchase options to secure the future availability of a site.
(e) All applicable policies concerning the location of Federal
facilities (e.g., to give first priority to locating facilities in
rural areas under the Rural Development Act (7 U.S.C. 2204b-1)).
Sec. 102-73.85 What land acquisition policy must Federal agencies
follow?
Federal agencies must follow a land acquisition policy that:
(a) Encourages and expedites the acquisition of real property by
agreements with owners;
(b) Avoids litigation, including condemnation actions, where
possible and relieves congestion in the courts;
(c) Provides for consistent treatment of owners; and
(d) Promotes public confidence in Federal land acquisition
practices.
Sec. 102-73.90 What relocation assistance policy must Federal agencies
follow?
Federal agencies, upon approval from GSA, must provide appropriate
relocation assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act (42 U.S.C. 4651-4655) to eligible
owners and tenants of property purchased for use by Federal agencies.
Appropriate relocation assistance means that the Federal agency must
pay the displaced person for actual reasonable moving expenses (in
moving himself, his family, business, etc.); actual direct losses of
tangible personal property as a result of moving or discontinuing a
business; actual reasonable expenses in searching for a replacement
business or farm; and actual reasonable expenses necessary to
reestablish a displaced farm, nonprofit organization, or small business
at its new site, but not to exceed $10,000. The implementing
regulations are found in 49 CFR part 24 (see Sec. 105-51.000 of this
title).
Sec. 102-73.95 Is a prospectus required for all acquisition,
construction or alteration projects?
(a) No, a prospectus is not required if the dollar value of a
project does not exceed the prospectus threshold. The Public Buildings
Act of 1959, as amended, 40 U.S.C. 601-619, establishes a prospectus
threshold, applicable to Federal agencies operating under, or subject
to, the authorities of the Administrator of General Services, for the
construction, alteration, purchase, and acquisition of any building to
be used as a public building, and establishes a prospectus threshold to
lease any space for use for public purposes. (Because of the important
role the prospectus approval process plays in the budget preparation
and planning process and with Congressional oversight responsibilities,
Federal agencies must continue to prepare and submit prospectuses for
all projects that exceed the prospectus threshold identified in
Sec. 102-73.55. All GSA delegations of leasing, alteration, and
construction authority are subject to this policy.)
(b) Public Law 104-66, 109 Stat. 734, eliminated the prospectus
submission requirement of the Public Buildings Act of 1959 (40 U.S.C.
606(a) and 610(b)).
Sec. 102-73.100 What happens if the project exceeds the prospectus
threshold?
Such projects require approval by the Senate and the House of
Representatives if the dollar value exceeds the prospectus threshold.
In order to obtain this approval, prospectuses for such projects must
be submitted to GSA and the Administrator of General Services will
transmit the proposed prospectuses to Congress for consideration by the
Senate and the House of Representatives.
PART 102-74--FACILITY MANAGEMENT
Sec.
102-74.5 What is the scope of this part?
102-74.10 What is the basic facility management policy?
102-74.15 What are occupancy services?
102-74.20 What responsibilities do Executive agencies have
regarding occupancy services?
102-74.25 What standard in providing occupancy services must
Executive agencies follow?
[[Page 5364]]
102-74.30 What building services must Executive agencies provide?
102-74.35 What are concessions services?
102-74.40 When must Federal agencies provide concessions services?
102-74.45 Are Federal agencies required to give blind vendors
priority in operating vending facilities?
102-74.50 What are conservation programs?
102-74.55 What are asset services?
102-74.60 What asset services must an Executive agency provide?
102-74.65 What standard in providing asset services must Executive
agencies follow?
102-74.70 What Federal facility ridesharing policy must Executive
agencies follow?
102-74.75 What steps must Executive agencies take to promote
ridesharing at Federal facilities?
102-74.80 What specific ridesharing information must Executive
agencies report to the Administrator of General Services?
102-74.85 Where should Executive agencies send their Federal
Facility Ridesharing Reports?
102-74.90 Are there any exceptions to these ridesharing reporting
requirements?
Authority: 40 U.S.C. 486(c); E.O. 12191, 45 FR 7997, 3 CFR, 1980
Comp., p 138.
Sec. 102-74.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-74.10 What is the basic facility management policy?
Executive agencies must manage, operate, and maintain Government-
owned and leased buildings in a manner that provides for quality space
and services consistent with their operational needs and that
accomplish overall Government objectives. The management, operation,
and maintenance of buildings and building systems must:
(a) Be cost effective and energy efficient;
(b) Be adequate to meet the agencies' missions;
(c) Meet nationally recognized standards; and
(d) Be at an appropriate level to maintain and preserve the
physical plant assets, consistent with available funding.
Sec. 102-74.15 What are occupancy services?
Occupancy services are:
(a) Building services (see Sec. 102-74.30);
(b) Concession services; and
(c) Conservation programs.
Sec. 102-74.20 What responsibilities do Executive agencies have
regarding occupancy services?
Executive agencies, upon approval from GSA, must manage,
administer, and enforce the requirements of agreements (such as
Memoranda of Understanding, etc.) and contracts that provide for the
delivery of occupancy services.
Sec. 102-74.25 What standard in providing occupancy services must
Executive agencies follow?
Executive agencies must provide occupancy services that
substantially conform to nationally recognized standards. As needed,
Executive agencies may adopt other standards for buildings and services
in Federally-controlled facilities in order to conform to statutory
requirements and to implement cost-reduction efforts.
Sec. 102-74.30 What building services must Executive agencies provide?
Executive agencies, upon approval from GSA, must provide:
(a) Building services such as custodial, solid waste management
(including recycling), heating and cooling, landscaping and grounds
maintenance, tenant alterations, minor repairs, building maintenance,
integrated pest management, signage, parking, and snow removal, at
appropriate levels to support Federal agency missions; and
(b) Arrangements for raising and lowering the United States flags
at appropriate times. In addition, agencies must display P.O.W. and
M.I.A. flags at locations specified in 36 U.S.C. 189a on P.O.W./M.I.A.
flag display days.
Sec. 102-74.35 What are concessions services?
Concessions services are services such as dry cleaners, gift shops,
vending facilities (onsite preparation facilities, prepackaged
facilities, sundry facilities, and vending machines), cafeterias,
employee health units, and public pay telephones.
Sec. 102-74.40 When must Federal agencies provide concessions
services?
Federal agencies, upon approval from GSA, must provide concessions
services where building population supports such services and when the
availability of existing commercial services is insufficient to meet
Federal agency needs. See the Randolph-Sheppard Act, as amended, 20
U.S.C. 107 et seq., and part 101-20, subpart 101-20.2, of this title.
Sec. 102-74.45 Are Federal agencies required to give blind vendors
priority in operating vending facilities?
With certain exceptions, the Randolph-Sheppard Act requires that
blind persons licensed under the provisions of the Act be authorized to
operate vending facilities on any Federal property, including leased
buildings. The Act imposes a positive obligation on Federal agencies to
have suitable sites for vending facilities in buildings that they
acquire.
Sec. 102-74.50 What are conservation programs?
Conservation programs are programs that improve energy and water
efficiency and promote the use of solar and other renewable energy.
These programs must promote and maintain an effective source reduction
activity (reducing consumption of resources such as energy, water and
paper), resource recovery activity (obtaining materials from the waste
stream that can be recycled into new products), and reuse activity
(reusing same product before disposition, such as reusing unneeded
memos for scratch paper).
Sec. 102-74.55 What are asset services?
Asset services include repairs (as opposed to those minor repairs
identified in Sec. 102-74.30(a)), alterations, and modernizations for
real property assets. Typically, these are the type of repairs and
alterations necessary to preserve or enhance the value of the real
property asset.
Sec. 102-74.60 What asset services must Executive agencies provide?
Executive agencies, upon approval from GSA, must provide asset
services such as repairs (in addition to those minor repairs identified
in Sec. 102-74.30(a)), alterations, and modernizations for real
property assets. Federal agencies must follow the prospectus submission
and approval policy identified in Sec. Sec. 102-73.95 and 102-73.100.
Sec. 102-74.65 What standard in providing asset services must
Executive agencies follow?
Executive agencies must provide asset services that maintain
continuity of Government operations, continue efficient building
operations, extend the useful life of buildings and related building
systems, and provide a quality workplace environment that enhances
employee productivity.
Sec. 102-74.70 What Federal facility ridesharing policy must Executive
agencies follow?
Executive agencies must actively promote the use of ridesharing
[[Page 5365]]
(carpools, vanpools, privately leased buses, public transportation, and
other multi-occupancy modes of travel) by personnel working at Federal
facilities to conserve energy, reduce congestion, improve air quality,
and provide an economical way for Federal employees to commute to work.
Sec. 102-74.75 What steps must Executive agencies take to promote
ridesharing at Federal facilities?
Agencies must:
(a) Establish an annual ridesharing goal for each facility.
(b) Report to the Administrator of General Services by June 1 of
each year the goals established, the means developed to achieve those
goals, and the progress achieved.
(c) Cooperate with State and local ridesharing agencies where such
agencies exist.
Sec. 102-74.80 What specific ridesharing information must Executive
agencies report to the Administrator of General Services?
The head of each agency must submit to GSA by June 1 of each year a
report which includes all of the following:
(a) The name, address, title, and telephone number of the
agencywide Employee Transportation Coordinator (ETC).
(b) A narrative on actions taken and barriers encountered in
promoting ridesharing within the agency.
(c) Information on any noticeable facility achievements.
(d) A copy of instructions issued to the agency's facility ETC's
for implementing the Federal Facility Ridesharing Program.
Sec. 102-74.85 Where should Executive agencies send their Federal
Facility Ridesharing Reports?
Agencies must send their Federal Facility Ridesharing Reports to
the Real Property Policy Division (MPR), General Services
Administration, 1800 F Street, NW., Washington, DC 20405.
Sec. 102-74.90 Are there any exceptions to these ridesharing reporting
requirements?
Yes, facilities with less than 100 full-time employees or less than
100 full-time employees on the largest shift are not required to submit
an annual report. Agencies must not subdivide buildings, groups of
buildings, or worksites for the purpose of meeting the exception
standards.
PART 102-75--REAL PROPERTY DISPOSAL
Sec.
102-75.5 What is the scope of this part?
102-75.10 What basic real property disposal policy governs
Executive agencies?
102-75.15 What real property disposal services must Executive
agencies provide?
102-75.20 What are Executive agencies' responsibilities concerning
the utilization of excess property?
102-75.25 What are Executive agencies' responsibilities concerning
real property surveys?
102-75.30 When may landholding Federal agencies grant rights for
non-Federal interim use of excess property reported to GSA?
102-75.35 What are Executive agencies' responsibilities concerning
the disposal of surplus property?
102-75.40 When may Executive agencies dispose of surplus real
property by exchange for privately owned property?
102-75.45 When may Executive agencies outlease surplus real
property for non-Federal interim use?
102-75.50 What are Federal agencies' reporting responsibilities
under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411)?
102-75.55 What are Executive agencies' responsibilities concerning
public benefit conveyances?
102-75.60 When may Executive agencies conduct negotiated sales?
102-75.65 What are Executive agencies' responsibilities concerning
negotiated sales?
102-75.70 What can Executive agencies do to eliminate the potential
for windfall profits to public agencies in negotiated sales?
102-75.75 What is a negotiated sale for economic development
purposes?
102-75.80 What are Executive agencies' responsibilities concerning
public sales?
102-75.85 How can Federal agencies obtain related disposal
services?
102-75.90 What type of appraisal value must be obtained for real
property disposal transactions?
102-75.95 Are appraisals required for all real property disposal
transactions?
102-75.100 Who must appraise the real property?
Authority: 40 U.S.C. 486(c), 483(a), and 484; E.O. 12512, 50 FR
18453, 3 CFR, 1985 Comp., p. 340.
Sec. 102-75.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-75.10 What basic real property disposal policy governs
Executive agencies?
Executive agencies must provide, in a timely, efficient, and cost
effective manner, the full range of real estate services necessary to
support their real property utilization and disposal needs. Landholding
agencies must make surveys of real property under their jurisdiction to
identify property that is unutilized, underutilized, or not being put
to optimum use. Executive agencies must have adequate procedures in
place to promote the effective utilization and disposal of such real
property.
Sec. 102-75.15 What real property disposal services must Executive
agencies provide?
Executive agencies must provide real property disposal services for
real property assets under their custody and control. These real
property disposal services include utilization of excess property,
surveys, disposal of surplus property, public benefit conveyances,
negotiated sales, public sales, related disposal services, and
appraisals.
Sec. 102-75.20 What are Executive agencies' responsibilities
concerning the utilization of excess property?
Executive agencies' responsibilities concerning the utilization of
excess property are to:
(a) Increase the identification and reporting of their excess real
property;
(b) Achieve maximum use of their excess real property, in terms of
economy and efficiency, to minimize expenditures for the purchase of
real property;
(c) Provide for the transfer of excess real property among Federal
agencies, to mixed-ownership Government corporations, and to the
municipal government of the District of Columbia; and
(d) Obtain assistance from GSA in resolving conflicting requests
for transferring real property that the involved agencies cannot
resolve.
Sec. 102-75.25 What are Executive agencies' responsibilities
concerning real property surveys?
A landholding agency's responsibilities concerning real property
surveys are to:
(a) Survey real property under its control (i.e., that property
reported on its financial statements) at least annually to identify
property that is not needed, underutilized, or not being put to optimum
use. When other needs for the property are identified or recognized,
the agency must determine whether continuation of the current use or
another use would better serve the public interest, considering both
the Federal agency's needs and the property's location. In conducting
annual reviews of their property holdings, Sec. 101-47.801(b) of this
title and other applicable GSA regulations provide guidelines for
Executive agencies to consider in identifying unneeded Federal real
property;
(b) Maintain its inventory of real property at the absolute minimum
[[Page 5366]]
consistent with economical and efficient conduct of the affairs of the
agency; and
(c) Promptly report to GSA real property that it has determined to
be excess.
Sec. 102-75.30 When may landholding Federal agencies grant rights for
non-Federal interim use of excess property reported to GSA?
Landholding Federal agencies may grant rights for non-Federal
interim use of excess property reported to GSA, when it is determined
that such excess property is not required for the needs of any Federal
agency.
Sec. 102-75.35 What are Executive agencies' responsibilities
concerning the disposal of surplus property?
Executive agencies must obtain from GSA a determination that their
excess real property is not needed for Federal use and is surplus to
the needs of the Federal Government. After receiving this
determination, Executive agencies, upon approval from GSA, must
expeditiously make the surplus property available for acquisition by
State and local governmental units and nonprofit institutions (see
Sec. 102-75.55) or for sale by public advertising, negotiation, or
other disposal action. Executive agencies must consider the
availability of real property for public purposes on a case-by-case
basis, based on highest and best use and estimated fair market value.
See Sec. 101-47.202-2(b) of this title for the requirements for
reporting excess real property. Where hazardous substance activity is
identified, see Sec. 101-47.304-14 of this title for required
information that the disposal agency must incorporate into Invitation
for Bids/Offers to Purchase.
Sec. 102-75.40 When may Executive agencies dispose of surplus real
property by exchange for privately owned property?
Executive agencies may dispose of surplus real property by exchange
for privately owned property only:
(a) For property management considerations such as boundary
realignment or provision of access; or
(b) Where authorized by law, when the requesting Federal agency
receives approval from the Office of Management and Budget and the
appropriate oversight committees, and where the transaction offers
substantial economic or unique program advantages not otherwise
obtainable by any other acquisition method.
Sec. 102-75.45 When may Executive agencies outlease surplus real
property for non-Federal interim use?
Executive agencies may outlease surplus real property for non-
Federal interim use, pending its disposition, when both of the
following conditions exist:
(a) The lease or permit does not exceed one year and is revocable
with not more than a 30-day notice by the disposal agency; and
(b) The use and occupancy will not interfere with, delay, or impede
the disposal of the property.
Sec. 102-75.50 What are Federal agencies' reporting responsibilities
under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411)?
By December 31 of each year, each landholding agency responsible
for reporting must notify the Department of Housing and Urban
Development (HUD) regarding the current availability status and
classification of each property controlled by the agency that:
(a) Was included in a list of suitable properties published that
year by HUD; and
(b) Remains available for application for use to assist the
homeless, or has become available for application during that year.
Sec. 102-75.55 What are Executive agencies' responsibilities
concerning public benefit conveyances?
Based on a highest and best use analysis, Executive agencies, upon
approval from GSA, may make surplus real property available to State
and local governments and certain nonprofit institutions at up to 100
percent public benefit discount for public benefit purposes. Some
examples of such purposes are education, health, park and recreation,
the homeless, historic monuments, public airports, highways,
correctional facilities, ports, and wildlife conservation. The
implementing regulations are found at Sec. 101-47.308 of this title.
Sec. 102-75.60 When may Executive agencies conduct negotiated sales?
Executive agencies may conduct negotiated sales only when:
(a) The estimated fair market value of the property does not exceed
$15,000; or
(b) Bid prices after advertising are unreasonable (for all or part
of the property) or were not independently arrived at in open
competition; or
(c) The character or condition of the property or unusual
circumstances make it impractical to advertise for competitive bids and
the fair market value of the property and other satisfactory terms of
disposal are obtainable by negotiation; or
(d) The disposals will be to States, Commonwealth of Puerto Rico,
possessions, political subdivisions thereof, or tax-supported agencies
therein, and the estimated fair market value of the property and other
satisfactory terms of disposal are obtainable by negotiations. Such
negotiated sales to public bodies must be limited to where a public
benefit will result from a negotiated sale which would not be realized
from a competitive sale disposal (some examples of such purposes are
administrative offices and economic development); or
(e) Negotiation is otherwise authorized by the Federal Property and
Administrative Services Act of 1949 or other law, such as disposals of
power transmission lines for public or cooperative power projects.
Sec. 102-75.65 What are Executive agencies' responsibilities
concerning negotiated sales?
Executive agencies must:
(a) Obtain such competition as is feasible in all negotiations of
disposals and contracts for disposal of surplus property; and
(b) Prepare and transmit an explanatory statement, identifying the
circumstances of each disposal by negotiation for any real property
specified in 40 U.S.C. 484(e)(6)(A), to the appropriate committees of
the Congress in advance of such disposal.
Sec. 102-75.70 What can Executive agencies do to eliminate the
potential for windfall profits to public agencies in negotiated sales?
To eliminate the potential for windfall profits to public agencies,
Executive agencies must include in negotiated sales to public agencies
an excess profits clause, which usually runs for 3 years. This clause
states that, if the purchaser should sell or enter into agreements to
sell the property within 3 years from the date of title transfer by the
Federal Government, all proceeds in excess of the purchasers costs will
be remitted to the Federal Government. (Put the clause found in
Sec. 101-47.4908 of this title in the offer to purchase and in the
conveyance document.)
Sec. 102-75.75 What is a negotiated sale for economic development
purposes?
A negotiated sale for economic development purposes means that the
public body purchasing the property will develop or make substantial
improvements to the property with the intention of reselling or leasing
the property in parcels to users to advance the community's economic
benefit. This type of negotiated sale is acceptable where the expected
public benefits to the community are greater than the anticipated
proceeds derived from a competitive public sale.
[[Page 5367]]
Sec. 102-75.80 What are Executive agencies' responsibilities
concerning public sales?
Executive agencies must make available by competitive public sale
any surplus property that is not disposed of by public benefit discount
conveyance or by negotiated sale. Awards must be made to the
responsible bidder whose bid will be most advantageous to the
Government, price and other factors considered.
Sec. 102-75.85 How can Federal agencies obtain related disposal
services?
Federal agencies with independent disposal authority are encouraged
to obtain disposal related services from those agencies with expertise
in real property disposal, such as GSA, as allowed by 31 U.S.C. 1535
(the Economy Act), so that agencies may remain focused on their core
mission.
Sec. 102-75.90 What type of appraisal value must be obtained for real
property disposal transactions?
For all real property transactions requiring appraisals, Executive
agencies must in all cases obtain, as appropriate, an appraisal of
either the fair market value or the fair annual rental value of
property available for disposal.
Sec. 102-75.95 Are appraisals required for all real property disposal
transactions?
Generally, yes, appraisals are required for all real property
disposal transactions. However, appraisals are not required when either
of the following conditions exist:
(a) An appraisal will serve no useful purpose (e.g., legislation
authorizes conveyance without monetary consideration or at a fixed
price). This exception does not apply to negotiated sales to public
agencies intending to use the property for a public purpose not covered
by any of the special disposal provisions in Sec. 101-47.308 of this
title.
(b) The estimated fair market value of property to be offered on a
competitive sale basis does not exceed $50,000.
Sec. 102-75.100 Who must appraise the real property?
Executive agencies must use only experienced and qualified real
estate appraisers familiar with types of property to be appraised when
conducting the appraisal. When an appraisal is required for the
purposes of disposing of surplus property by negotiation under
Sec. 102-75.60(c), (d), or (e), contract appraisers that meet this same
standard must be used. However, Executive agencies may authorize any
other method of obtaining an estimate of the fair market value or the
fair annual rental when the cost of obtaining such data from a contract
appraiser would be out of proportion to the expected recoverable value
of the property.
PART 102-76--DESIGN AND CONSTRUCTION
Sec.
102-76.5 What is the scope of this part?
102-76.10 What basic design and construction policy governs
Federal agencies?
102-76.15 What are design and construction services?
102-76.20 What issues must Federal agencies consider in providing
site planning and landscape design services?
102-76.25 What standards must Federal agencies meet in providing
architectural and interior design services?
102-76.30 Seismic safety. [Reserved]
102-76.35 Flood plains. [Reserved]
Authority: 40 U.S.C. 486(c) (in furtherance of the
Administrator's authorities under 40 U.S.C. 601-619 and elsewhere as
included under 40 U.S.C. 490(a) and (c)); E.O. 12411, 48 FR 13391, 3
CFR, 1983 Comp., p. 155; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp.,
p. 340.
Sec. 102-76.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-76.10 What basic design and construction policy governs
Federal agencies?
Federal agencies, upon approval from GSA, are bound by the
following basic design and construction policies:
(a) Provide the highest quality services for designing and
constructing new Federal facilities and for repairing and altering
existing Federal facilities. These services must be timely, efficient,
and cost effective.
(b) Use a distinguished architectural style and form in Federal
facilities that reflects the dignity, enterprise, vigor and stability
of the Federal Government.
(c) Follow nationally recognized model building codes and other
applicable nationally recognized codes that govern Federal construction
to the maximum extent feasible and consider local building code
requirements. (See 40 U.S.C. 618 and 619.)
(d) Design Federal buildings to have a long life expectancy and
accommodate periodic changes due to renovations.
(e) Make buildings cost effective, energy efficient, and accessible
to and usable by the physically impaired.
(f) Provide for building service equipment that is accessible for
maintenance, repair, or replacement without significantly disturbing
occupied space.
(g) Consider ease of operation when selecting mechanical and
electrical equipment.
(h) Agencies must follow the prospectus submission and approval
policy identified in Secs. 102-73.95 and 102-73.100 of this chapter.
Sec. 102-76.15 What are design and construction services?
Design and construction services are:
(a) Site planning and landscape design;
(b) Architectural and interior design; and
(c) Engineering systems design.
Sec. 102-76.20 What issues must Federal agencies consider in providing
site planning and landscape design services?
In providing site planning and design services, Federal agencies
must:
(a) Make the site planning and landscape design a direct extension
of the building design;
(b) Make a positive contribution to the surrounding landscape;
(c) Consider requirements (other than procedural requirements) of
local zoning laws and laws relating to setbacks, height, historic
preservation and aesthetic qualities of a building;
(d) Identify areas for future building expansion in the
architectural and site design concept for all buildings where an
expansion need is identified to exist;
(e) Create a landscape design that is a pleasant, dynamic
experience for occupants and visitors to Federal facilities and, where
appropriate, encourage public access to and stimulate pedestrian
traffic around the facilities. Coordinate the landscape design with the
architectural characteristics of the building; and
(f) Comply with the requirements of the National Environmental
Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and the
National Historic Preservation Act, as amended, 16 U.S.C. 470 et seq.,
for each project.
(g) Consider the vulnerability of the facility as well as the
security needs of the occupying agencies.
Sec. 102-76.25 What standards must Federal agencies meet in providing
architectural and interior design services?
Federal agencies must design distinctive and high quality Federal
facilities that meet all of the following standards:
(a) Reflect the local architecture in buildings through the use of
building form, materials, colors, or detail. Express a quality of
permanence in the building interior similar to the building exterior.
(b) For new construction and major renovations, provide full access
to and
[[Page 5368]]
use of Federally-controlled facilities for physically impaired persons.
Follow the Architectural Barriers Act of 1968, 42 U.S.C. 4151-4157
(Uniform Federal Accessibility Standards (UFAS)) or Americans with
Disabilities Act of 1990, Public Law 101-336, 104 Stat. 327 (ADA
accessibility guidelines), whichever is more stringent. For minor
renovations in existing buildings, meet minimum UFAS requirements. A
more detailed explanation of these standards can be found in part 101-
19, subpart 101-19.6, of this title.
(c) Use metric specifications in construction where the metric
system is the accepted industry standard, and to the extent that such
usage is economically feasible and practical.
(d) Provide for the design of security systems to protect Federal
workers and visitors and to safeguard facilities against criminal
activity and/or terrorist activity. Security design must support the
continuity of Government operations during civil disturbances, natural
disasters and other emergency situations.
(e) Design and construct facilities that meet or exceed the energy
performance standards applicable to Federal buildings in 10 CFR part
435.
Sec. 102-76.30 Seismic safety. [Reserved]
Sec. 102-76.35 Flood plains. [Reserved]
PART 102-77--ART-IN-ARCHITECTURE
Sec.
102-77.5 What is the scope of this part?
102-77.10 What basic Art-in-architecture policy governs Federal
agencies?
102-77.15 Who funds the Art-in-architecture efforts?
102-77.20 Who should Federal agencies collaborate with when
commissioning and selecting art for Federal buildings?
102-77.25 Do Federal agencies have responsibilities to provide
national visibility for Art-in-architecture?
Authority: 40 U.S.C. 486(c) and 601a.
Sec. 102-77.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-77.10 What basic Art-in-architecture policy governs Federal
agencies?
Federal agencies must incorporate fine arts as an integral part of
the total building concept when designing new Federal buildings, and
when making substantial repairs and alterations to existing Federal
buildings, as appropriate. The selected fine arts, including painting,
sculpture, and artistic work in other media, must reflect the national
cultural heritage and emphasize the work of living American artists.
Sec. 102-77.15 Who funds the Art-in-architecture efforts?
To the extent not prohibited by law, Federal agencies must fund the
Art-in-architecture efforts by allocating a portion of the estimated
cost of constructing or purchasing new Federal buildings, or of
completing major repairs and alterations of existing buildings. Funding
for qualifying projects, including new construction, building
purchases, other building acquisition, or prospectus-level repair and
alteration projects, must be in a range determined by the Administrator
of General Services.
Sec. 102-77.20 Who should Federal agencies collaborate with when
commissioning and selecting art for Federal buildings?
To the maximum extent practicable, Federal agencies should seek the
support and involvement of local citizens in selecting appropriate
artwork. Federal agencies should collaborate with the artist and
community to produce works of art that reflect the cultural,
intellectual, and historic interests and values of a community. In
addition, Federal agencies should work collaboratively with the
architect of the building, art professionals, when commissioning and
selecting art for Federal buildings. Federal agencies should commission
artwork that is diverse in style and media.
Sec. 102-77.25 Do Federal agencies have responsibilities to provide
national visibility for Art-in-architecture?
Yes, Federal agencies should provide Art-in-architecture that
receives appropriate national and local visibility to facilitate
participation by a large and diverse group of artists representing a
wide variety of types of artwork.
PART 102-78--HISTORIC PRESERVATION
Sec.
102-78.5 What is the scope of this part?
102-78.10 What basic historic preservation policy governs Federal
agencies?
102-78.15 What are historic properties?
102-78.20 Are Federal agencies required to identify historic
properties?
102-78.25 What is an undertaking?
102-78.30 What are consulting parties?
102-78.35 Are Federal agencies required to involve consulting
parties in their historic preservation activities?
102-78.40 What responsibilities do Federal agencies have when an
undertaking adversely affects a historic or cultural property?
102-78.45 What are Federal agencies' responsibilities concerning
nomination of properties to the National Register?
102-78.50 What historic preservation services must Federal
agencies provide?
102-78.55 For which properties must Federal agencies provide
historic preservation services?
102-78.60 What are Federal agencies' historic preservation
responsibilities when acquiring leased space?
102-78.65 What are Federal agencies' historic preservation
responsibilities when disposing of real property under their
control?
102-78.70 What are an agency's historic preservation
responsibilities when disposing of another Federal agency's real
property?
Authority: 16 U.S.C. 470 h-2; 40 U.S.C. 486(c) and 490(a).
Sec. 102-78.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services. The policies in this part are in furtherance of GSA's
preservation program under section 110 of the National Historic
Preservation Act (16 U.S.C. 470) and apply to properties under the
jurisdiction or control of the Administrator and to any Federal
agencies operating, maintaining or protecting such properties under a
delegation of authority from the Administrator.
Sec. 102-78.10 What basic historic preservation policy governs Federal
agencies?
To protect, enhance and preserve historic and cultural property
under their control, Federal agencies must consider the effects of
their undertakings on historic and cultural properties and give the
Advisory Council on Historic Preservation (Advisory Council), the State
Historic Preservation Officer (SHPO), and other consulting parties a
reasonable opportunity to comment regarding the proposed undertakings.
Sec. 102-78.15 What are historic properties?
Historic properties are those that are included in, or eligible for
inclusion in, the National Register of Historic Places (National
Register) as more specifically defined at 36 CFR 800.16.
Sec. 102-78.20 Are Federal agencies required to identify historic
properties?
Yes, Federal agencies must identify all National Register or
National
[[Page 5369]]
Register-eligible historic properties under their control. In addition,
Federal agencies must apply National Register Criteria (36 CFR part 63)
to properties that have not been previously evaluated for National
Register eligibility and that may be affected by the undertakings of
Federally sponsored activities.
Sec. 102-78.25 What is an undertaking?
The term undertaking means a project, activity, or program under
the direct or indirect jurisdiction of a Federal agency, including
those:
(a) Carried out by or on behalf of the agency;
(b) Carried out with Federal financial assistance;
(c) Requiring a Federal permit, license, or approval; and
(d) Subject to State or local regulation administered pursuant to a
delegation or approval by a Federal agency.
Sec. 102-78.30 What are consulting parties?
As more particularly described in 36 CFR 800.2(c), consulting
parties are those parties having consultative roles in the Section 106
process (i.e., Section 106 of the National Historic Preservation Act)
that requires Federal agencies to take into account the effects of
their undertakings on historic properties and afford the Council a
reasonable opportunity to comment on such undertakings. Specifically,
consulting parties include the State Historic Preservation Officer;
Tribal Historic Preservation Officer; Indian tribes and Native Hawaiian
organizations; Representatives of local governments; Applicants for
Federal assistance, permits, licenses and other approvals; and other
individuals and organizations with a demonstrated interest in the
undertaking.
Sec. 102-78.35 Are Federal agencies required to involve consulting
parties in their historic preservation activities?
Yes, Federal agencies must solicit information from consulting
parties to carry out their responsibilities under historic and cultural
preservation laws and regulations. Federal agencies must invite the
participation of consulting parties through their normal public
notification processes.
Sec. 102-78.40 What responsibilities do Federal agencies have when an
undertaking adversely affects a historic or cultural property?
Federal agencies must not perform an undertaking that could alter,
destroy, or modify an historic or cultural property until they have
consulted with the SHPO and the Advisory Council. Federal agencies must
minimize all adverse impacts of their undertakings on historic or
cultural properties to the extent that is feasible and prudent. Federal
agencies must follow the specific guidance on the protection of
historic and cultural properties in 36 CFR part 800.
Sec. 102-78.45 What are Federal agencies' responsibilities concerning
nomination of properties to the National Register?
Federal agencies must nominate to the National Register all
properties under their control determined eligible for inclusion in the
National Register.
Sec. 102-78.50 What historic preservation services must Federal
agencies provide?
Federal agencies must provide the following historic preservation
services:
(a) Prepare a Historic Building Preservation Plan for each National
Register or National Register-eligible property under their control.
When approved by consulting parties, such plans become a binding
management plan for the property; and
(b) Investigate for historic and cultural factors all proposed
sites for direct and leased construction.
Sec. 102-78.55 For which properties must Federal agencies assume
historic preservation responsibilities?
Federal agencies must assume historic preservation responsibilities
for real property assets under their custody and control. Federal
agencies occupying space in buildings under the custody and control of
other Federal agencies must obtain approval from the agency having
custody and control of the building.
Sec. 102-78.60 What are Federal agencies historic preservation
responsibilities when acquiring leased space?
In leasing historic property, Federal agencies must give a
preference to such leasing actions in accordance with hierarchy of
consideration identified in Sec. 102-79.90 of this chapter.
Sec. 102-78.65 What are Federal agencies' historic preservation
responsibilities when disposing of real property under their control?
Federal agencies must:
(a) To the extent practicable, establish and implement alternatives
for historic properties, including adaptive reuse, that are not needed
for current or projected agency purposes. Agencies are required to get
the Secretary of Interior's approval of the plans of transferees of
surplus Federally-owned historic properties.
(b) Review all proposed excess actions to identify any properties
listed on or eligible for listing on the National Register. Federal
agencies must not perform disposal actions that could result in the
alteration, destruction, or modification of an historic or cultural
property until Federal agencies have consulted with the SHPO and the
Advisory Council.
Sec. 102-78.70 What are an agency's historic preservation
responsibilities when disposing of another Federal agency's real
property?
Federal agencies must not accept property declared excess by
another Federal agency nor act as an agent for transfer or sale of such
properties until the holding agency provides evidence that the Federal
agency has met its National Historic Preservation Act responsibilities.
PART 102-79--ASSIGNMENT AND UTILIZATION OF SPACE
Sec.
102-79.5 What is the scope of this part?
102-79.10 What basic assignment and utilization of space policy
governs an Executive agency?
102-79.15 What objectives must an Executive agency strive to meet
in providing assignment and utilization of space services?
102-79.20 What standard must Executive agencies promote when
assigning space?
102-79.25 Can Federal agencies allot space in Federal buildings for
the provision of child care services?
102-79.30 Can Federal agencies allot space in Federal buildings for
establishing fitness centers?
102-79.35 What elements must Federal agencies address in their
planning effort for establishing fitness programs?
102-79.40 Can Federal agencies allot space in Federal buildings to
Federal credit unions?
102-79.45 What type of services may Federal agencies provide
without charge to Federal credit unions?
102-79.50 What standard must Executive agencies promote in their
utilization of space?
102-79.55 Are agencies required to use historic properties
available to the agency?
102-79.60 Are Executive agencies required to give first priority to
the location of new offices and other facilities in rural areas?
102-79.65 When an agency's mission and program requirements call
for the location in an urban area, are Executive agencies required
to give first consideration to central business areas?
102-79.70 What is a central business area?
102-79.75 Who is responsible for identifying the delineated area
within which a Federal agency wishes to locate specific activities?
102-79.80 Who must approve the final delineated area?
102-79.85 Are Executive agencies required to consider whether the
central business area will provide for adequate competition when
acquiring leased space?
[[Page 5370]]
102-79.90 Are Executive agencies required to give preference to
historic properties when acquiring leased space?
102-79.95 Automated external defibrillators. [Reserved]
Authority: 40 U.S.C. 486(c); E.O. 12411, 48 FR 13391, 3 CFR,
1983 Comp., p. 155; and E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp.,
p. 340.
Sec. 102-79.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-79.10 What basic assignment and utilization of space policy
governs an Executive agency?
Executive agencies must provide a quality workplace environment
that supports program operations, preserves the value of real property
assets, meets the needs of the occupant agencies, and provides child
care and physical fitness facilities in the workplace when adequately
justified. An Executive agency must promote maximum utilization of
Federal workspace, consistent with mission requirements, to maximize
its value to the Government.
Sec. 102-79.15 What objectives must an Executive agency strive to meet
in providing assignment and utilization of space services?
Executive agencies must provide assignment and utilization services
that will maximize the value of Federal real property resources and
improve the productivity of the workers housed therein.
Sec. 102-79.20 What standard must Executive agencies promote when
assigning space?
Executive agencies must promote the optimum use of space for each
assignment at the minimum cost to the Government, provide quality
workspace that is delivered and occupied in a timely manner, and assign
space based on mission requirements.
Sec. 102-79.25 Can Federal agencies allot space in Federal buildings
for the provision of child care services?
Yes, in accordance with 40 U.S.C. 490b, Federal agencies can allot
space in Federal buildings to individuals or entities who will provide
child care services to Federal employees if:
(a) Such space is available;
(b) Such agency determines that such space will be used to provide
child care services to children of whom at least 50 percent have one
parent or guardian who is a Federal Government employee; and
(c) Such agency determines that such individual or entity will give
priority for available child care services in such space to Federal
employees.
Sec. 102-79.30 Can Federal agencies allot space in Federal buildings
for establishing fitness centers?
Yes, in accordance with 5 U.S.C. 7901, Federal agencies can allot
space in Federal buildings for establishing fitness programs.
Sec. 102-79.35 What elements must Federal agencies address in their
planning effort for establishing fitness programs?
Federal agencies must address the following elements in their
planning effort for establishing fitness programs:
(a) A survey indicating employee interest in the program;
(b) A three to five year implementation plan demonstrating long-
term commitment to physical fitness/health for employees;
(c) A health related orientation, including screening procedures,
individualized exercise programs, identification of high-risk
individuals, and appropriate follow-up activities;
(d) Identification of a person skilled in prescribing exercise to
direct the fitness program;
(e) An approach which will consider key health behavior related to
degenerative disease, including smoking and nutrition;
(f) A modest facility that includes only the essentials necessary
to conduct a program involving cardiovascular and muscular endurance,
strength activities, and flexibility;
(g) Provision for equal opportunities for men and women, and all
employees, regardless of grade level.
Sec. 102-79.40 Can Federal agencies allot space in Federal buildings
to Federal credit unions?
Yes, in accordance with 12 U.S.C. 1770, Federal agencies may allot
space in Federal buildings to Federal credit unions without charge for
rent or services if:
(a) At least 95 percent of the membership of the credit union to be
served by the allotment of space is composed of persons who either are
presently Federal employees or were Federal employees at the time of
admission into the credit union, and members of their families; and
(b) If space is available.
Sec. 102-79.45 What type of services may Federal agencies provide
without charge to Federal credit unions?
Federal agencies may provide without charge to Federal credit union
services such as:
(a) Lighting;
(b) Heating and cooling;
(c) Electricity;
(d) Office furniture;
(e) Office machines and equipment;
(f) Telephone service (including installation of lines and
equipment and other expenses associated with telephone service); and
(g) Security systems (including installation and other expenses
associated with security systems).
Sec. 102-79.50 What standard must Executive agencies promote in their
utilization of space?
Executive agencies, acquiring or utilizing Federally owned and
leased space under the Federal Property and Administrative Services Act
of 1949, as amended, must promote efficient utilization of space
according to GSA standards. In order to maximize the use of vacant
space, use existing GSA-controlled space to the maximum extent
practical. After considering the availability of GSA-controlled space,
extend priority consideration to available space in buildings under the
custody and control of the U.S. Postal Service before acquiring
additional space. Where there is no Federal agency space need,
Executive agencies must make every effort to maximize the productive
use of vacant space through out-granting (for example, outlease,
permit, license) to non-Federal entities to the extent authorized by
law.
Sec. 102-79.55 Are agencies required to use historic properties
available to the agency?
Yes, Federal agencies must assume responsibility for the
preservation of the historic properties they own or control. Prior to
acquiring, constructing or leasing buildings, agencies must use, to the
maximum extent feasible, historic properties already owned or leased by
the agency (16 U.S.C. 470h-2).
Sec. 102-79.60 Are Executive agencies required to give first priority
to the location of new offices and other facilities in rural areas?
Yes, Executive agencies must give first priority to the location of
new offices and other facilities in rural areas (7 U.S.C. 2204b-1),
unless their mission or program requirements call for locations in an
urban area.
Sec. 102-79.65 When an agency's mission and program requirements call
for the location in an urban area, are Executive agencies required to
give first consideration to central business areas?
Yes, when agency mission and program requirements call for location
in an urban area and new space must be acquired, constructed or leased,
[[Page 5371]]
Executive agencies must give first consideration to central business
areas (CBAs) and other areas designated by local officials (Executive
Order 12072 (43 FR 36869, 3 CFR, 1978 Comp., p. 213.) and Executive
Order 13006 (61 FR 26071, 3 CFR, 1996 Comp., p. 195)).
Sec. 102-79.70 What is a central business area?
Central business area means the centralized community business area
and adjacent areas of similar character, including other specific areas
which may be recommended by local officials in accordance with
Executive Order 12072.
Sec. 102-79.75 Who is responsible for identifying the delineated area
within which a Federal agency wishes to locate specific activities?
Each Federal agency is responsible for identifying the delineated
area within which it wishes to locate specific activities, consistent
with its mission and program requirements, and in accordance with all
applicable laws, regulations, and Executive orders.
Sec. 102-79.80 Who must approve the final delineated area?
Federal agencies conducting the procurement must approve the final
delineated area for site acquisitions and lease actions and must
confirm that the final delineated area complies with the requirements
of all applicable laws, regulations, and Executive orders.
Sec. 102-79.85 Are Executive agencies required to consider whether the
central business area will provide for adequate competition when
acquiring leased space?
In accordance with the Competition in Contracting Act of 1984
(CICA), as amended, (41 U.S.C. 253(a)) Executive agencies must consider
whether restricting the delineated area for obtaining leased space to
the central business area will provide for adequate competition when
acquiring leased space. Where an Executive agency determines that the
delineated area must be expanded beyond the CBA in order to provide
adequate competition, the agency may expand the delineated area in
consultation with local officials. Executive agencies must continue to
include the CBA in such expanded areas.
Sec. 102-79.90 Are Executive agencies required to give preference to
historic properties when acquiring leased space?
Yes, section 110 of the National Historic Preservation Act of 1966,
as amended (16 U.S.C. 470h-2), requires that agencies first consider
historic properties already under agency control. However, the Act also
provides that prior to acquiring, constructing or leasing new space,
and subject to the requirements of Section 601 of Title VI of the Rural
Development Act of 1972, as amended (7 U.S.C. 2204b-1), Executive Order
13006 and Executive Order 12072, Executive agencies must first consider
historic properties within historic districts when locating Federal
facilities. If no such suitable historic property is available,
Executive agencies must then consider other developed or undeveloped
sites within historic districts. Finally, Executive agencies must
consider suitable historic properties outside of historic districts, if
no suitable site exists within a historic district.
Sec. 102-79.95 Automated external defibrillators. [Reserved]
PART 102-80--SAFETY AND ENVIRONMENTAL MANAGEMENT
Sec.
102-80.5 What is the scope of this part?
102-80.10 What are the basic safety and environmental management
policies for real property?
102-80.15 What are Federal agencies' responsibilities concerning
the assessment and management of asbestos?
102-80.20 What are Federal agencies' responsibilities concerning
the abatement of radon?
102-80.25 What are Federal agencies' responsibilities concerning
the management of indoor air quality?
102-80.30 What are Federal agencies' responsibilities concerning
lead?
102-80.35 What are Federal agencies' responsibilities concerning
the monitoring of hazardous materials and wastes?
102-80.40 What are Federal agencies' responsibilities concerning
the management of underground storage tanks?
102-80.45 What are Federal agencies' responsibilities concerning
fire prevention and fire protection engineering?
102-80.50 Are Federal agencies responsible for identifying/
estimating risks and for appropriate reduction strategies?
102-80.55 Are Federal agencies responsible for performing facility
assessments?
102-80.60 Are Federal agencies responsible for managing the
execution of risk reduction projects?
102-80.65 What are Federal agencies' responsibilities concerning
the investigation of incidents, such as fires, accidents, injuries,
and environmental incidents?
102-80.70 Are Federal agencies responsible for informing their
tenants of the condition and management of their facility safety and
environment?
102-80.75 Who assesses environmental issues in Federal construction
and lease construction projects?
Authority: 40 U.S.C. 486(c) and 490.
Sec. 102-80.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services. The responsibilities for safety and environmental management
under this part are intended to apply to GSA or those Federal agencies
operating in GSA space pursuant to a GSA delegation of authority.
Sec. 102-80.10 What are the basic safety and environmental management
policies for real property?
The basic safety and environmental management policies for real
property are that Federal agencies must:
(a) Provide for a safe and healthful work environment for Federal
employees and the visiting public;
(b) Protect Federal real and personal property;
(c) Promote mission continuity;
(d) Provide reasonable safeguards for emergency forces if an
incident occurs;
(e) Assess risk;
(f) Make decisionmakers aware of risks; and
(g) Act promptly and appropriately in response to risk.
Sec. 102-80.15 What are Federal agencies' responsibilities concerning
the assessment and management of asbestos?
Federal agencies have the following responsibilities concerning the
assessment and management of asbestos:
(a) Inspect and assess buildings for the presence and condition of
asbestos-containing materials. Space to be leased must be free of all
asbestos containing materials, except undamaged asbestos flooring in
the space or undamaged boiler or pipe insulation outside the space, in
which case an asbestos
[[Page 5372]]
management program conforming to Environmental Protection Agency (EPA)
guidance must be implemented;
(b) Manage in-place asbestos that is in good condition and not
likely to be disturbed;
(c) Abate damaged asbestos, and asbestos likely to be disturbed.
Federal agencies must perform a pre-alteration asbestos assessment for
activities that may disturb asbestos;
(d) Not use asbestos in new construction, renovation/modernization
or repair of their owned or leased space. Unless approved by GSA,
Federal agencies must not obtain space with asbestos through purchase,
exchange, transfer, or lease, except as identified in paragraph (a) of
this section; and
(e) Communicate all written and oral asbestos information about the
leased space to tenants.
Sec. 102-80.20 What are Federal agencies' responsibilities concerning
the abatement of radon?
Federal agencies have the following responsibilities concerning the
abatement of radon in space when radon levels exceed current EPA
standards:
(a) Retest abated areas and make lessors retest, as required,
abated areas to adhere to EPA standards; and
(b) Test non-public water sources (in remote areas for projects
such as border stations) for radon according to EPA guidance. Radon
levels that exceed current applicable EPA standards must be mitigated.
Federal agencies must retest, as required, to adhere to EPA standards.
Sec. 102-80.25 What are Federal agencies' responsibilities concerning
the management of indoor air quality?
Federal agencies must assess indoor air quality of buildings as
part of their safety and environmental facility assessments. Federal
agencies must respond to tenant complaints on air quality and take
appropriate corrective action where air quality does not meet
applicable standards.
Sec. 102-80.30 What are Federal agencies' responsibilities concerning
lead?
Federal agencies have the following responsibilities concerning
lead in buildings:
(a) Test space for lead-based paint in renovation projects that
require sanding, welding or scraping painted surfaces.
(b) Not remove lead based paint from surfaces in good condition.
(c) Test all painted surfaces for lead in proposed or existing
child care centers.
(d) Abate lead-based paint found in accordance with Department of
Housing and Urban Development (HUD) Lead-Based Paint Guidelines,
available by writing to HUD USER, P.O. Box 6091, Rockville, MD, 20850.
(e) Test potable water for lead in all drinking water outlets in
child care centers.
(f) Take corrective action when lead levels exceed the HUD
Guidelines.
Sec. 102-80.35 What are Federal agencies' responsibilities concerning
the monitoring of hazardous materials and wastes?
Federal agencies' responsibilities concerning the monitoring of
hazardous materials and wastes are to:
(a) Monitor the transport, use, and disposition of hazardous
materials and waste in buildings to provide for compliance with GSA,
Occupational Safety and Health Administration (OSHA), Department of
Transportation, EPA, and applicable State and local requirements. In
addition to those operating in GSA space pursuant to a delegation of
authority, tenants in GSA space must comply with these requirements.
(b) In leased space, include in all agreements with the lessor
requirements that hazardous materials kept in leased space are kept and
maintained according to applicable Federal, State, and local
environmental regulations.
Sec. 102-80.40 What are Federal agencies' responsibilities concerning
the management of underground storage tanks?
Federal agencies have the following responsibilities concerning the
management of underground storage tanks in real property:
(a) Register, manage and close underground storage tanks, including
heating oil and fuel oil tanks, in accordance with GSA, EPA, and
applicable State and local requirements.
(b) Require the party responsible for tanks they use but don't own
to follow these requirements and to be responsible for the cost of
compliance.
Sec. 102-80.45 What are Federal agencies' responsibilities concerning
fire prevention and fire protection engineering?
Federal agencies must follow accepted fire prevention practices in
operating and managing buildings. Federally-owned buildings are
generally exempt from State and local code requirements in fire
protection; however, in accordance with 40 U.S.C. 619, each building
constructed or altered by a Federal agency must be constructed or
altered, to the maximum extent feasible, in compliance with one of the
nationally recognized model building codes and with other nationally
recognized codes. Leased buildings are subject to local requirements
and inspection. Federal agencies must use the National Fire Protection
Association (NFPA) codes and standards (obtained by writing to NFPA, 11
Tracy Drive, Avon, MA 02322.) as a guide for their building operations.
Sec. 102-80.50 Are Federal agencies responsible for identifying/
estimating risks and for appropriate reduction strategies?
Yes, Federal agencies must identify and estimate safety and
environmental management risks and appropriate reduction strategies for
buildings. Federal agencies occupying as well as operating buildings
must identify any safety and environmental management risks and report
or correct the situation, as appropriate.
Sec. 102-80.55 Are Federal agencies responsible for performing
facility assessments?
Yes, Federal agencies must evaluate facilities to comply with GSA's
safety and environmental program and applicable Federal, State and
local environmental laws and regulations. Federal agencies should
conduct these evaluations in accordance with schedules that are
compatible with repair and alteration and leasing operations.
Sec. 102-80.60 Are Federal agencies responsible for managing the
execution of risk reduction projects?
Yes, Federal agencies must manage the execution of risk reduction
projects in buildings they operate. Federal agencies must identify and
take appropriate action to eliminate hazards and regulatory
noncompliance.
Sec. 102-80.65 What are Federal agencies' responsibilities concerning
the investigation of incidents, such as fires, accidents, injuries, and
environmental incidents?
Federal agencies have the following responsibilities concerning the
investigation of incidents, such as fires, accidents, injuries, and
environmental incidents in buildings they operate:
(a) Investigate all incidents regardless of severity.
(b) Form Boards of Investigation for incidents resulting in serious
injury, death, or significant property losses.
Sec. 102-80.70 Are Federal agencies responsible for informing their
tenants of the condition and management of their facility safety and
environment?
Yes, Federal agencies must inform their tenants of the condition
and management of their facility safety and environment. Agencies
operating GSA buildings must report any significant
[[Page 5373]]
facility safety or environmental concerns to GSA.
Sec. 102-80.75 Who assesses environmental issues in Federal
construction and lease construction projects?
Federal agencies must assess required environmental issues
throughout planning and project development, so that the environmental
impacts of a project are considered during the decisionmaking process.
PART 102-81--SECURITY
Sec.
102-81.5 What is the scope of this part?
102-81.10 What basic security policy governs Federal agencies?
102-81.15 Who is responsible for upgrading and maintaining
security standards in each Federally-owned facility?
Authority: 40 U.S.C. 318a, 486(c) and 490.
Sec. 102-81.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-81.10 What basic security policy governs Federal agencies?
Federal agencies on Federal property under the charge and control
of the Administrator and having a security delegation of authority from
the Administrator must provide for the security and protection of the
real estate they occupy, including the protection of persons within the
property.
Sec. 102-81.15 Who is responsible for upgrading and maintaining
security standards in each Federally-owned facility?
In a June 28, 1995, Presidential Policy Memorandum for Executive
Departments and Agencies, entitled, ``Upgrading Security at Federal
Facilities'' (see the Weekly Compilation of Presidential Documents,
vol. 31, p. 1148), the President directed that Executive agencies must,
where feasible, upgrade and maintain security in facilities they own or
lease under their own authority to the minimum standards specified in
the Department of Justice's June 28, 1995 study entitled
``Vulnerability Assessment of Federal Facilities.'' The study may be
obtained by writing to the Superintendent of Documents, P. O. Box
371954, Pittsburgh, PA, 15250-7954.
PART 102-82--UTILITY SERVICES
Sec.
102-82.5 What is the scope of this part?
102-82.10 What basic utility services policy govern Executive
agencies?
102-82.15 What utility services must Executive agencies provide?
102-82.20 What are Executive agencies' rate intervention
responsibilities?
102-82.25 What are Executive agencies' responsibilities concerning
the procurement of utility services?
Authority: 40 U.S.C. 481(a) and 486(c).
Sec. 102-82.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-82.10 What basic utility services policy govern Executive
agencies?
Executive agencies procuring, managing or supplying utility
services under the Federal Property and Administrative Services Act of
1949 must provide or procure services that promote economy and
efficiency with due regard to the mission responsibilities of the
agencies concerned.
Sec. 102-82.15 What utility services must Executive agencies provide?
Executive agencies must negotiate with public utilities to procure
utility services and, where appropriate, provide rate intervention
services in proceedings (see Sec. Sec. 102-72.100 and 102-72.105 of
this chapter) before Federal and State utility regulatory bodies.
Sec. 102-82.20 What are Executive agencies' rate intervention
responsibilities?
Where the consumer interests of the Federal Government will be
significantly affected and upon receiving a delegation of authority
from GSA, Executive agencies must provide representation in proceedings
involving utility services before Federal and State regulatory bodies.
Specifically, these responsibilities include instituting formal or
informal action before Federal and State regulatory bodies to contest
the level, structure, or applicability of rates or service terms of
utility suppliers. The Secretary of Defense is independently authorized
to take such actions without a delegation from GSA when the Secretary
determines such actions to be in the best interests of national
security.
Sec. 102-82.25 What are Executive agencies' responsibilities
concerning the procurement of utility services?
Executive agencies, operating under a utility services delegation
from GSA, or the Secretary of Defense when the Secretary determines it
to be in the best interests of national security, must provide for the
procurement of utility services (such as commodities and utility rebate
programs), as required, and must procure from sources of supply that
are the most advantageous to the Federal Government in terms of
economy, efficiency, reliability, or quality of service. Executive
agencies, upon receiving a delegation of authority from GSA, may enter
into contracts for utility services for periods not exceeding ten years
(40 U.S.C. 481).
Dated: December 21, 2000.
Thurman M. Davis, Sr.,
Acting Administrator of General Services.
[FR Doc. 01-180 Filed 1-17-01; 8:45 am]
BILLING CODE 6820-23-P