[Federal Register: January 18, 2001 (Volume 66, Number 12)]
[Rules and Regulations]               
[Page 5357-5373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja01-27]                         


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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


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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

[[Page 5362]]

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