[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25093]


[[Page Unknown]]

[Federal Register: October 17, 1994]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 552 and 570

[APD 2800.12A CHGE 56]
RIN 3090-AF58

 

General Services Administration Acquisition Regulation; Local 
Measurement

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Final rule.

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SUMMARY: The General Services Administration Acquisition Regulation 
(GSAR) is amended to revise sections 552.270-4, 552.270-21, 552.270-25, 
and 552.270-28 to provide for the use of the term ``occupiable'' space 
in lieu of ``net usable'' space; section 552.270-31 is revised to 
reflect how the amount of occupiable space is determined; section 
552.270-41 is added to provide for the acceptance of space; section 
570.702-22 is revised to change the section title; and section 570.702-
32 is added to prescribe a new clause on the acceptance of space.

EFFECTIVE DATE: October 17, 1994.

FOR FURTHER INFORMATION CONTACT:
John Joyner, Office of GSA Acquisition Policy (202) 501-1224.

SUPPLEMENTARY INFORMATION:

A. Public Comments

    This rule was not published in the Federal Register for public 
comment because it is not a significant revision as defined in FAR 
1.501-1.

B. Executive Order 12866

    This rule was reviewed by the Office of Management and Budget (OMB) 
in accordance with Executive Order 12866, Regulatory Planning and 
Review.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply because this rule is 
not a significant revision as defined in FAR 1.501-1.

D. Paperwork Reduction Act

    This rule does not impose any information collection or 
recordkeeping requirements that require the approval of OMB under 44 
U.S.C. 3501, et. seq. Therefore, the requirements of the Paperwork 
Reduction Act do not apply.

List of Subjects in 48 CFR Parts 552 and 570

    Government procurement.

    Accordingly, 48 CFR Parts 552 and 570 are amended as follows:
    1. The authority citation for 48 CFR Parts 552 and 570 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c).

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    2. Section 552.270-4 is amended by revising the date of the clause 
and paragraph (a)(2) to read as follows:


552.270-4  Historic preference.

* * * * *

Historic Preference (Aug 1994)

* * * * *
    (a) * * *
    (2) The rental is no more than 10 percent higher on a total 
annual square foot (occupiable) cost to the Government than the 
lowest otherwise acceptable offer.
* * * * *
    3. Section 552.270-21 is amended by revising the clause date and 
paragraph (b)(4) to read as follows:


552.270-21  Changes.

* * * * *

Changes (Aug 1994)

* * * * *
    (b) * * *
    (4) An equitable adjustment of the annual operating costs per 
occupiable square foot specified in this lease.
* * * * *
    4. Section 552.270-25 is amended by revising the clause date and 
paragraph (b) to read as follows:


552.270-25  Adjustment for vacant premises.

* * * * *

Adjustment for Vacant Premises (Aug 1994)

* * * * *
    (b) The rate will be reduced by that portion of the costs per 
occupiable square foot of operating expenses not required to 
maintain the space. Said reduction must occur after the Government 
gives 30 calendar days prior notice to the Lessor, and must continue 
in effect until the Government occupies the premises or the lease 
expires or is terminated.

    5. Section 552.270-28 is amended by revising the clause date and 
paragraph (b) to read as follows:


552.270-28  Default in delivery--Time Extensions.

* * * * *

Default in Delivery--Time Extensions (Aug 1994)

* * * * *
    (b) Delivery by Lessor of less than the minimum occupiable 
square footage required by this lease shall in no event be construed 
as substantial completion, except as permitted by the Contracting 
Officer.
* * * * *
    6. Section 552.270-31 is revised to read as follows:


552.270-31  Payment.

    As prescribed in 570.702-22, insert the following clause:

Payment (Aug 1994)

    (a) When space is offered and accepted, the occupiable square 
footage delivered will be confirmed by:
    (1) the Government's measurement of plans submitted by the 
successful offeror as approved by the Government, and an inspection 
of the space to verify that the delivered space is in conformance 
with such plans; or
    (2) a mutual on-site measurement of the space if the Contracting 
Officer determines that it is necessary.
    (b) Payment will not be made for space which is in excess of the 
amount of occupiable square footage stated in the lease.
    (c) If it is determined that the amount of occupiable square 
footage actually delivered is less than the amount agreed to in the 
lease, the lease will be modified to reflect the amount of 
occupiable space delivered and the annual rental will be adjusted as 
follows:
    (1) Occupiable square feet not delivered multiplied by one plus 
the common area factor (CAF), multiplied by the rate per rentable 
square foot (RSF).
    (2) OSF x (1+CAF) x Rate per RSF=Reduction in Annual Rent.

    7. Section 552.270-41 is added to read as follows:


552.270-41  Acceptance of space.

    As prescribed in 570.702-32, insert the following clause:

Acceptance of Space (Aug 1994)

    (a) When the lessor has completed all alterations, improvements, 
and repairs necessary to meet the requirements of the lease, the 
lessor shall notify the Contracting Officer. The Contracting Officer 
or designated representative shall promptly inspect the space.
    (b) The Government will accept the space and the lease term will 
begin after determining that the space is substantially complete and 
contains the required occupiable square footage as indicated in 
Paragraph 1.1, Amount and Type of Space, of this solicitation.

PART 570--ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY

    8. Section 570.702-22 is revised to read as follows:


570.702-22  Payment.

    The contracting officer shall insert a clause substantially the 
same as the clause at 552.270-31, Payment, in solicitations and 
contracts for leasehold interests in real property which involve both 
more than 10,000 square feet of space and terms which exceed 6 months. 
Use of the clause is optional for 10,000 square feet or less of space 
or for terms of 6 months or less regardless of the square footage.
    9. Section 570.702-32 is added to read as follows:


570.702-32  Acceptance of space.

    The contracting officer shall insert a clause substantially the 
same as the clause at 552.270-41, Acceptance of space, in solicitations 
and contracts for leasehold interests in real property which involve 
both more than 10,000 square feet of space and terms which exceed 6 
months. Use of the clause is optional for 10,000 square feet or less of 
space or for terms of 6 months or less regardless of the square 
footage.

    Dated: September 2, 1994.
Arthur E. Ronkovich,
Acting Associate Administrator for Acquisition Policy.
[FR Doc. 94-25093 Filed 10-14-94; 8:45 am]
BILLING CODE 6820-61-M