Washington, DC 20405

SUBJECT: Small Purchase Authority: CFR 101-20, [FPMR Amendment D-95]

ACTION: Final rule.

SUMMARY: This General Services Administration (GSA) final rule revises the regulations regarding the delegation of authority to occupant agencies to contract for reimbursable space alterations. The present FPMR provisions stated in 101-20.106-1 cite a project accomplishment threshold of $25,000. This threshold was established based on the small purchase authority in place at the time of the original publication of this provision.

Since the purpose of this FPMR provision is to provide occupant agencies choices in their use of a service provider, it is recommended that the Simplified Acquisition Procurement threshold be used. Rather than establish an authority at a selected value, the reference should be changed to link it to the Federal Acquisition Streamlining Act of 1994. Therefore, if the value of the statute changes, the FPMR would not require a change. The present Simplified Acquisition Threshold (SAT) authority is $100,000 for GSA procurement activities.

Modifying the FPMR provisions to tie to the SAT authority gives occupants increased flexibility in accomplishing alteration tasks and fully delegates the authority to do the work.

No other changes are required.

EFFECTIVE DATE: January 8, 1997.

FOR FURTHER INFORMATION CONTACT: Jeffrey Neely, Director, Portfolio Support Division, PMX, (202) 501-1464.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) has determined that this rule is not a significant regulatory action for the purposes of Executive Order 12866.

The Paperwork Reduction Act does not apply because the revisions do not impose recordkeeping or information collection requirements, or collections of information from offerors, contractors, or members of the public which require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

This rule is not required to be published in the Federal Register for notice and comment; therefore, the Regulatory Flexibility Act does not apply.

List of Subjects in 41 CFR Part 101-20

Concessions, Federal buildings and facilities, Government property management.

For the reasons set forth in the preamble, 41 CFR part 101-20 is amended as follows:


1. The authority citation for part 101-20 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

Subpart 101-20.1--Building Operations, Maintenance, Protection, and Alterations

2. Section 101-20.106-1 is amended by revising paragraphs (b), (c) and (e) to read as follows:

Sec. 101-20.106-1 Placing of orders for reimbursable alterations by occupant agencies.

* * * * *

(b) No individual order, or combinations of orders for a single alteration project, shall exceed the simplified acquisition threshold, as defined in 41 U.S.C. 252a, and agencies shall not split orders so as to circumvent this limitation.

(c) For all orders placed against GSA contracts or agreements, agency ordering officials shall obtain prior written project review by GSA and provide a copy of the ordering document and final payment document to the GSA buildings manager. Agencies are responsible for inspecting and certifying satisfactory completion of the work, and for ensuring contractor compliance with contract provisions. The final payment document shall be supported by GSA Form 1142, Release of Claims; GSA Form 2419, Certification of Payments to Subcontractors and Supplies; and certification that the work has been inspected and accepted.

* * * * *

(e) Where no GSA contracts or agreements are in effect, an agency may contract directly for services up to the simplified acquisition threshold per project after written review by GSA. Agencies contracting directly must provide GSA with complete documentation of the scope of work and contract specifications at the time of submission. Each project shall include appropriate reviews by the regional safety staff. If contracting for security systems, agencies must submit the design work for regional Federal Protective Service Division review. Agencies shall be responsible for inspecting and certifying satisfactory completion of the ordered work. All work must conform to GSA fire and safety standards. GSA at anytime has the authority to make inspections and require correction if the project is found not in compliance with GSA reviews or fire and safety standards. As-built drawings must be submitted to GSA's buildings manager within 30 days of completion of the work.

December 13, 1996.

David J. Barram,
Acting Administrator.

[Federal Register: January 8, 1997 (Vol. 62, No: 5, pages: 1057-1058)]