[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Proposed Rules]
[Pages 42444-42456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20650]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-16
RIN 3090-AF95
Governmentwide Real Property Policy
AGENCY: Office of Governmentwide Policy, General Services
Administration.
ACTION: Proposed rule.
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SUMMARY: The proposed rule describes the current real property policies
applicable to GSA and Federal agencies to whom GSA real property
operations have been delegated. The policies contained in this proposed
rule have been separated from their procedural components and reflect
the way that real property operations are currently conducted. This
regulation, once finalized, will be located in the Federal Property
Management Regulations (FPMR), Part 101-16, entitled ``Governmentwide
Real Property Policy.''
DATES: Comments must be received on or before October 6, 1997.
ADDRESSES: Written comments should be sent to the General Services
Administration, Office of Governmentwide Policy, Office of Real
Property, Real Property Policy Division (MPR), Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real
Property Policy Division, at (202) 501-1737.
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.
This rule is not required to be published in the Federal Register
for notice and comment. Therefore, the Regulatory Flexibility Act does
not apply.
The Paperwork Reduction Act does not apply to this action because
the proposed changes to the Federal Property Management Regulations do
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. Secs. 3501 et seq.
List of Subjects in 41 CFR Part 101-16
Federal buildings and facilities, Government real property
management.
Therefore, it is proposed that 41 CFR Part 101-16 be added to read
as follows:
PART 101-16--GOVERNMENTWIDE REAL PROPERTY POLICY
Sec.
Subpart 101-16.1--General
101-16.100 Philosophy and scope of part.
101-16.101 Definitions.
101-16.102 Applicability.
101-16.103 Basic authority.
101-16.104 Legislative and executive impacts.
101-16.105 Policy implementation.
[[Page 42445]]
Subpart 101-16.2--Delegation of Authority
101-16.200 Basic policy.
101-16.201 Types of delegations.
Subpart 101-16.3--Real Estate
101-16.300 Basic policy.
101-16.301 Program-specific authority.
101-16.302 Real estate and related services.
Subpart 101-16.4--Facility Management
101-16.400 Basic policy.
101-16.401 Program-specific authority.
101-16.402 Occupancy services.
101-16.403 Asset services.
Subpart 101-16.5--Real Property Disposal
101-16.500 Basic policy.
101-16.501 Program-specific authority.
101-16.502 Real property disposal services.
Subpart 101-16.6--Design and Construction
101-16.600 Basic policy.
101-16.601 Program-specific authority.
101-16.602 Design and construction services.
Subpart 101-16.7--Art-in-Architecture
101-16.700 Basic policy.
101-16.701 Art-in-architecture services.
Subpart 101-16.8--Historic Preservation
101-16.800 Basic policy.
101-16.801 Program-specific authority.
101-16.802 Historic preservation services.
Subpart 101-16.9--Assignment and Utilization of Space
101-16.900 Basic policy.
101-16.901 Program-specific authority.
101-16.902 Assignment and utilization services.
101-16.903 Location of space.
Subpart 101-16.10--Safety and Environmental Management
101-16.1000 Basic policy.
101-16.1001 Program-specific authority.
101-16.1002 Occupancy services.
101-16.1003 Federal construction and lease construction projects.
Subpart 101-16.11--Security
101-16.1100 Basic policy.
101-16.1101 Program-specific authority.
101-16.1102 Law enforcement.
101-16.1103 Security services.
Subpart 101-16.12--Public Utilities
101-16.1200 Basic policy.
101-16.1201 Program-specific authority.
101-16.1202 Public utilities services.
Subpart 101-16.13--Reserved
Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C.Sec. 486(c)
Subpart 101-16.1 General
Sec. 101-16.100 Philosophy and scope of part.
(a) This part contains the applicable Governmentwide real property
policies for Federal agencies operating pursuant to the authority of
the Administrator of General Services, including the GSA/PBS business
lines.
[The deviation language in the following sentence is proposed, subject
to the revision of Sec. 101-1.110]
GSA and Federal agencies operating under the authority of the
Administrator of General Services must comply with the policy
statements in this part, unless it is determined to be in the
Government's best interest not to comply with them and there is no
conflict with applicable laws and Executive orders. These policies
cover the delivery, management, utilization and disposal of real
property by Federal agencies that initiate and have decision-making
authority over actions for real property services. These Governmentwide
policies reflect a restatement of existing policies without their
procedural, how-to components. They articulate the policy
considerations concerning the manner in which Federal agencies
currently conduct their real property business. In the future, GSA's
Office of Governmentwide Policy will review these policies and make
necessary adjustments to ensure that they optimize the performance of
the Federal Government's real property portfolio. The policies stated
in this part are derived from applicable laws and Executive orders.
However, in the event a specific policy is not stated for a given real
property function, or for any aspect of a function, all real property
functions must be conducted in accordance with the provisions of
applicable laws and Executive orders.
(b) The real property policies presented in this part are divided
into subparts covering the following functional areas: delegation of
authority, real estate, facility management, real property disposal,
design and construction, art-in-architecture, historic preservation,
assignment and utilization of space, safety and environmental
management, security, and public utilities.
(c) The policy statements contained in this part are intended to
apply to the FPMR Subchapters D, Public Buildings and Space, and H,
Utilization and Disposal. To the extent that any statements of policy
elsewhere in Subchapters D and H could be construed as inconsistent
with the policy prescribed by this part, the policy statements in this
part are controlling.
Sec. 101-16.101 Definitions.
(a) Business line. An organizational component of GSA/PBS charged
with the management, execution, and/or oversight of its assigned real
property-related duties and responsibilities. Within PBS the business
lines include the Offices of Property Acquisition and Realty Services,
Property Development, Federal Protective Service, Property Disposal,
Property Management, and Portfolio Management. These business lines are
also real property services providers.
(b) Federal Government real property services provider. A GSA/PBS
organizational component, or other Federal Government entity operating
pursuant to the authority of the Administrator of General Services,
which provides real property services to Federal agencies and/or
internal GSA customers. This definition also includes private sector
firms under contract with Federal agencies that are engaged in the
delivery of real property services to Federal agencies.
(c) Federal agency. 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 direction).
Sec. 101-16.102 Applicability.
Those Federal agencies that initiate and have decision-making
authority over actions for real property services from GSA under the
authority of the Administrator of General Services, are accountable for
compliance with the policies in this part.
Sec. 101-16.103 Basic authority.
The basic authorities underlying these Governmentwide real property
policies include, but are not limited to, the Federal Property and
Administrative Services Act of 1949, as amended, (40 U.S.C. 471 et
seq.); the Public Buildings Act of 1959, as amended, (40 U.S.C. 601-
619); Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note); and
other applicable provisions of law, Executive Orders, and policies of
the Office of Management and Budget.
Sec. 101-16.104 Legislative and executive impacts.
The following non-inclusive listing of legal provisions and
statutory authorities influence specific aspects of the Governmentwide
real property policies and programs:
(a) Federal Property Management Regulations (FPMR, 41 CFR Chapter
[[Page 42446]]
101), specifically Subchapter D--Public Buildings and Space, Parts 101-
17--Assignment and Utilization of Space; 101-18--Acquisition of Real
Property; 101-19--Construction and Alteration of Public Buildings; 101-
20--Management of Buildings and Grounds, and Subchapter H--Utilization
and Disposal, Part 101-47--Utilization and Disposal of Real Property.
(b) Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471 et seq.). Among other things, this Act
establishes the Federal Buildings Fund (FBF) and provides the
Administrator of General Services with an important source of real
property related authority, such as the authority to charge anyone
furnished space or services at rates which approximate commercial
charges for comparable space and services, authority for supervision
and direction over the disposition of surplus property, authority for
entering into leases not exceeding 20 years, and assigning and
reassigning space in Government-owned and leased buildings to executive
agencies.
(c) Public Buildings Act of 1959, as amended, (40 U.S.C. 601-619).
Provides the Administrator with, among other things, the exclusive
authority to construct public buildings; the authority to acquire any
building and its site by purchase, condemnation, donation, exchange, or
otherwise; the authority to alter any public building and to acquire
such lands as may be necessary to carry out such alteration; the
authority to acquire such lands or interests in lands for use as sites,
or additions to sites, for public buildings authorized to be
constructed or altered under this Act by purchase, condemnation,
donation, exchange, or otherwise. In addition, this Act establishes a
prospectus threshold, applicable to GSA and Federal agencies operating
under the authority 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. Such projects require an
approved resolution by the Senate and the House of Representatives if
the dollar value exceeds the prospectus threshold. In order to obtain
this approved resolution, 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.
(d) The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157).
Requires facilities be provided to ensure ready access for handicapped
persons to public buildings and certain interior spaces.
(e) The National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.). Requires consideration of environmental factors in the
decision-making process for major Federal actions.
(f) Executive Order 12072--Federal Space Management. Requires
Federal agencies to give first consideration to the Centralized
Community Business Area (CBA) when locating Federal facilities in urban
areas.
(g) The Randolph-Sheppard Act, as amended, (20 U.S.C. 107-107f).
Requires that blind persons licensed under the provisions of the Act be
authorized to operate vending facilities on any Federal property,
including leased buildings. Federal agencies are obligated to acquire
space in buildings with suitable areas for vending facilities.
(h) Occupational Safety and Health Act of 1970 (29 U.S.C. 653).
Requires Federal agencies to provide safe and healthful places and
conditions of employment.
(i) Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4651-4655). Requires Federal agencies
to treat all property owners and other affected persons in a fair and
equitable manner, and to provide relocation services and benefits to
persons displaced by Federal agencies' acquisition of their real
property.
(j) Executive Order 11738--Providing for Administration of the
Clean Air Act and the Federal Water Pollution Control Act with respect
to Federal Contracts, Grants, or Loans. Requires Federal agencies
having authority to enter into contracts to conduct its acquisitions in
a manner that will result in effective enforcement of the Clean Air Act
and the Federal Water Pollution Control Act.
(k) Small Business Act, as amended (15 U.S.C. 631 et seq.).
Requires a positive effort by Federal contractors to place subcontracts
with small and small disadvantaged business concerns.
(l) Executive Order 11988--Floodplain Management. Requires that
each agency shall provide leadership and shall take action to reduce
the risk of flood loss, to minimize the impact of floods on human
safety, health and welfare, and to restore and preserve the natural and
beneficial values served by floodplains in carrying out its
responsibilities for acquiring, managing, and disposing of Federal
lands and facilities; providing federally undertaken, financed, or
assisted construction and improvements; and conducting Federal
activities and programs affecting land use. Each agency has the
responsibility to evaluate the potential effects of any actions it may
take in a floodplain; to ensure that its planning programs and budget
requests reflect consideration of flood hazards and floodplain
management; and to prescribe procedures to implement the polices and
requirements of this Executive Order.
(m) Executive Order 11990--Protection of Wetlands. Requires that
each agency shall provide leadership and shall take action to minimize
the destruction, loss or degradation of wetlands, and to preserve and
enhance the natural and beneficial values of wetlands in carrying out
its responsibilities for acquiring, managing, and disposing of Federal
lands and facilities; providing federally undertaken, financed, or
assisted construction and improvements; and conducting Federal
activities and programs affecting land use. As implemented by GSA, the
construction, purchase or lease of space in buildings located within a
base floodplain or wetlands area is generally precluded.
(n) Executive Order 12003--Relating to Energy Policy and
Conservation. Requires buildings constructed for Government lease to
meet certain energy consumption design specifications.
(o) Executive Order 12512--Federal Real Property Management.
Authorizes the Administrator to provide Governmentwide policy oversight
and guidance for Federal real property management. This Executive Order
requires, among other things, all executive departments and agencies to
establish internal policies and systems of accountability that ensure
effective use of real property in support of mission-related
activities, consistent with Federal policies regarding the acquisition,
management, and disposal of such assets. All such agencies shall also
develop annual real property management improvement plans that include
clear and concise goals and objectives related to all aspects of real
property management, and identify sales, work space management,
productivity, and excess property targets.
(p) Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411-
11412). Requires Federal agencies to make available surplus real
property to homeless organizations.
(q) National Historic Preservation Act (16 U.S.C. 470 et seq.).
Requires Federal agencies to take into account the effect of any
Federal undertaking on any property in or eligible for listing in the
National Register of Historic Places; and
[[Page 42447]]
to use historic properties under Federal control prior to acquiring
other real property for Federal use.
(r) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended (42 U.S.C. 9601 et seq.).
Provides for liability, compensation, cleanup and emergency response
for hazardous substances released into the environment, and the cleanup
of hazardous waste disposal sites.
(s) Superfund Amendments and Reauthorization Act of 1986, as
amended (42 U.S.C. 9601-9675). Extends and amends CERCLA, paragraph (r)
of this section.
(t) Protection of Public Property Act (40 U.S.C. 318-318d). Gives
the Administrator authority to make rules and regulations governing
property under control of GSA, and to appoint uniformed and non-
uniformed special police.
(u) Executive Order 12196--Occupational Safety and Health Programs
for Federal Employees. Requires Federal agencies to establish and
maintain occupational safety and health programs for Federal employees.
(v) Rehabilitation Act of 1973, as amended (Pub. L. 93-112, 387
Stat. 355). Requires Federal agencies to ensure compliance with
standards set by GSA, DOD and HUD pursuant to the Architectural
Barriers Act of 1968.
(w) Public Buildings Amendments of 1988 (Pub. L. 100-678, 102 Stat.
4049). Provides, among other things, the Administrator with authority
to determine the extent to which a building constructed by GSA complies
with one of the nationally recognized model building codes. 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 rental cost of leasing such space would exceed the prospectus
threshold. Federal agencies may lease such space only if the
Administrator first determines that leasing such space is necessary to
meet 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.
(x) Federal Power Act (16 U.S.C. 791a et seq.). Regulates power
industry and appoints the Federal Power Commission.
(y) Clean Air Act of 1963 (42 U.S.C. 7401 et seq.). Requires the
utilization in Federal air control programs of all available and
appropriate facilities and resources within the Federal Government for
the prevention and abatement of air pollution.
(1) Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.).
Regulates natural gas supplies, pricing and related issues.
(2) Public Utility Regulatory Policies Act of 1978, as amended
(Pub. L. 95-617, 92 Stat. 3117). Provides for the conservation,
distribution, and development of electric, hydro-electric, natural gas
and crude oil energy resources.
(3) Powerplant and Industrial Fuel Use Act of 1978, as amended
(Pub. L. 95-620, 92 Stat. 3289). To decrease petroleum importation and
increase capability to use indigenous energy resources, among other
things.
(4) Rural Development Act of 1972 (Pub. L. 92-419, 86 Stat. 657).
Provides for improving the economy and living conditions in rural
America.
(5) Energy Policy Act of 1992 (Pub. L. 102-486, 106 Stat. 2776).
Provides for increased energy efficiency.
(6) Executive Order 12902--Energy Efficiency and Water Conservation
at Federal Facilities. Requires, among other things, each executive
agency to develop energy consumption reduction goals.
(7) Executive Order 12873--Federal Acquisition, Recycling, and
Waste Prevention. Requires, among other things, each executive agency
to incorporate waste prevention and recycling in its daily operations.
(8) Executive Order 12411--Government Work Space Management
Reforms. Requires, among other things, the heads of all Federal
executive agencies to establish programs to reduce the amount of
workspace, used or held, to that amount which is essential for known
agency missions; to produce and maintain a total inventory of work
space and related furnishings and declare excess to the Administrator
of General Services all such holdings that are not necessary to satisfy
existing or known and verified planned programs; and ensure that the
amount of office space used by each employee of the agency, or others
using agency-controlled space, is held to the minimum necessary to
accomplish the task that must be performed.
(9) Americans with Disabilities Act of 1990 (Pub. L. 101-336, 104
Stat. 327). Provides, among other things, accessibility requirements on
employment, State and local government services, buildings and
facilities.
(10) Child care services for Federal employees in Federal buildings
(40 U.S.C. 490b). Provides Federal agencies with the authority to allot
space in Federal buildings to individuals or entities who will provide
child care services to Federal employees.
(11) Executive Order 13006--Locating Federal Facilities on Historic
Properties in our Nation's Central Cities. When operationally
appropriate and economically prudent, and subject to the requirements
of Section 601 of Title VI of the Rural Development Act of 1972, as
amended, (42 U.S.C. 3122), and Executive Order 12072, when locating
Federal facilities, Federal agencies shall give first consideration to
historic properties within historic districts. If no such property is
suitable, then Federal agencies shall consider other developed or
undeveloped sites within historic districts. Federal agencies shall
then consider historic properties outside of historic districts, if no
suitable site within a district exists.
(12) Act of December 10, 1941 (40 U.S.C. 291). Requires Federal
agencies to admit seeing-eye dogs or other guide dogs accompanied by
their blind masters to any building or other property owned or
controlled by the United States.
(13) Act of July 1, 1898 (40 U.S.C. 285). Places all courthouses,
customhouses, appraiser's stores, barge offices, and other public
buildings outside of the District of Columbia and outside of military
reservations under the exclusive jurisdiction and control and in the
custody of the Administrator of General Services.
(14) The Act of June 23, 1913 (40 U.S.C. 281). Makes available
appropriations for furniture and repairs of furniture whenever the
Administrator of General Services is authorized to secure temporary
quarters for the use of Government officials pending the repair and/or
alteration of any public building under the control of the
Administrator of General Services.
(15) Act of May 14, 1948 (40 U.S.C. 130). Places the operation,
maintenance, and repair of the completed building for the use of the
United States Court of Appeals for the District of Columbia and the
United States District Court for the District of Columbia under the
control of the Administrator of General Services. The allocation of
space therein shall be vested in the chief judge of the United States
Court of Appeals for the District of Columbia and the chief judge of
the United States District Court for the District of Columbia.
(16) Federal Urban Land-Use Act (40 U.S.C. 531-535). Promotes more
harmonious intergovernmental relations
[[Page 42448]]
and encourages sound planning, zoning, and land use practices by
prescribing uniform policies and procedures in order that urban land
transactions entered into for the General Services Administration or on
behalf of other Federal agencies be consistent with zoning and land-use
practices and be made in accordance with planning and development
objectives of the local governments and local planning agencies
concerned.
(17) Section 901(b) of the Agriculture Act of 1970, 84 Stat. 1383,
as amended by section 601 of Title VI the Rural Development Act of
1972, 86 Stat. 674 (42 U.S.C. 3122(b)). Section 601 of Title VI of the
Rural Development Act of 1972 amends Section 901(b) of the Agricultural
Act of 1970. Section 601 directs the heads of all executive departments
and agencies of the Government to establish and maintain departmental
policies and procedures giving first priority to the location of new
offices and other facilities in rural areas as defined in the private
business enterprise exception in Section 306(a)(7) of the Consolidated
Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1926).
(18) Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 601a,
612a). Requires the Administrator to acquire and utilize space in
suitable buildings of historic, architectural, or cultural
significance, if feasible; to encourage the location of commercial,
cultural, educational, and recreational facilities and activities
within public buildings; to encourage public access and pedestrian
traffic into and through public buildings; to encourage the public use
of public buildings for cultural, educational, and recreational
activities.
(19) Executive Order 11507--Prevention, Control, and Abatement of
Air and Water Pollution at Federal Facilities. Requires that the
Federal Government, in the design, operation, and maintenance of its
facilities, provide leadership in the nationwide effort to protect and
enhance the quality of our air and water resources.
(20) Executive Order 11508--Providing for the Identification of
Unneeded Federal Real Property. Establishes a uniform policy for
Executive branch concerning the identification of excess real property
holdings and establishes uniform procedures to insure the prompt
identification and release by executive agencies of real property
holdings that are no longer essential to their activities and
responsibilities.
(21) Fair Housing Act, as amended (42 U.S.C. 3601 et seq.).
Provides for fair housing practices and prohibits discrimination in the
sale or rental of housing.
(22) Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Requires, among other things, that all agencies of the executive,
legislative, and judicial branches of the Federal Government having
jurisdiction over any property or facility, or engaged in any activity
resulting in the discharge or runoff of pollutants, must comply with
all Federal, State, interstate, and local requirements, administrative
authority, and process and sanctions respecting the control and
abatement of water pollution.
(23) Office of Management and Budget Circular A-95 Revised.
Furnishes guidance to Federal agencies for cooperation with state and
local governments in the evaluation, review, and coordination of
Federal and federally assisted programs and projects.
(24) Executive Order 11724--Federal Property Council. Directs the
Administrator of General Services to conduct surveys of real property
holdings of executive agencies on a continuing basis to identify
properties which are not utilized, are underutilized, or are not being
put to their optimum use. The Administrator of General Services shall
also make reports as to which of these properties (not utilized,
underutilized, not being put to optimum use) he recommends should be
reported as excess property.
(25) Executive Order 12088--Federal Compliance with Pollution
Control Standards. Requires the head of each Executive agency to ensure
that all necessary actions are taken for the prevention, control, and
abatement of environmental pollution with respect to Federal facilities
and activities. This will entail responsibility for compliance with
applicable pollution control standards, coordination with other
agencies, and the submission of an annual plan for the control of
environmental pollution.
(26) Executive Order 13005--Empowerment Contracting. Requires the
Secretary of Commerce to develop policies and procedures to ensure that
agencies grant qualified large businesses and qualified small
businesses appropriate incentives to encourage businesses in areas of
general economic distress, in order to strengthen the economy and to
improve the efficiency of the Federal procurement system by encouraging
business development that expands the industrial base and increases
competition.
(27) Act of April 28, 1902 (40 U.S.C. 19). Requires the
Administrator of General Services to have charge of the public
buildings and grounds in the District of Columbia, and to evict any
person that is in unlawful occupation of any portion of these lands.
(28) Executive Order 12699--Seismic Safety of Federal and Federally
Assisted or Regulated New Building Construction. Requires Federal
agencies responsible for the design and construction of each new
Federal building and/or for the construction and lease of a new
building for Federal use to ensure that the building is designed and
constructed in accord with appropriate seismic design and construction
standards.
(29) Executive Order 11593--Protection and Enhancement of the
Cultural Environment. Requires Federal Agencies to direct their
policies, plans and programs in such a way that federally owned sites,
structures, and objects of historical, archaeological or archaeological
significance are preserved, restored and maintained.
Sec. 101-16.105 Policy implementation.
Each Federal Government real property services provider shall
develop its operating procedures in conformance with the policies
presented in this part for each functional area of specialization
outlined in Sec. 101-16.100(b). Also, Federal agencies shall ensure
that the provisions of any contract with private sector real property
services providers conform to the real property policy requirements of
this part.
Subpart 101-16.2--Delegation of Authority
Sec. 101-16.200 Basic policy.
The Administrator of General Services is authorized to delegate and
to authorize successive redelegations of the real property functions
vested in the Administrator to any other Federal agency. The guiding
principle in the delegation decision is whether the delegation is in
the best interest of the Government, including but not limited to
whether a delegation would be cost effective for the Government in the
delivery of space. Federal agencies must conduct their real property
functions within the parameters described within each specific
delegation of authority document, and Federal agencies may only
exercise the authority of the Administrator that is specifically
provided within the written delegation of authority document. Specific
guidance on delegations of authority is found in Secs. 101-17.202-2,
101-18.104-1(a), 101-19.501, and 101-20.106-1 of this subchapter.
Note: The ``Can't Beat GSA Leasing Program'' provides Federal
agencies with the
[[Page 42449]]
option to either use GSA when a new lease is necessary or conduct
the lease procurement themselves. This delegation includes some
conditions which agencies must meet when the procurement is not
performed by GSA. These conditions include training in lease
contracting and reporting data to GSA.
Sec. 101-16.201 Types of delegations.
Delegations of authority cover the following areas of
responsibility:
(a) Real estate leasing. (1) Section 101-18.104 of this subchapter
describes the existing types of delegations for lease acquisitions.
(2) General purpose space. The Administrator of GSA has issued a
standing delegation of authority 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,
subject to the conditions in the written delegation of authority
instrument.
(3) Administrative contracting officer (ACO) delegations. An ACO,
in addition to lease management authority, has limited contracting
officer authority to perform such duties as paying and withholding
lessor rent and modifying lease provisions that do not change the lease
term length or the amount of square footage under lease.
When a Federal agency elects not to exercise the delegation of
authority for general purpose space mentioned in paragraph (a) of this
section, GSA may consider granting this ACO delegation when all of the
following conditions exist:
(i) The Federal agency occupies 90 percent of the leased space or
the Federal agency has the written concurrence of 100% of rent-paying
occupants covered under the lease; and
(ii) The Federal agency has the technical capability to perform the
leasing function.
(b) Facility management. Delegates authority to Federal agencies to
accomplish functions concerned with the day-to-day operation and
management of buildings, to accomplish individual repair and alteration
projects, and to accomplish functions associated with lease management.
The types of facility management delegations include the following:
(1) Delegation of real property management and operation. Delegates
authority to Federal agencies to accomplish functions concerned with
the day-to-day operation and management of buildings. These functions
include building operations, maintenance, recurring repairs,
alterations, historic preservation, concessions, and energy management
of specified buildings subject to the conditions stated in the
delegation instrument.
(i) Delegates real property management and operation authority when
all of the following conditions exist:
(A) The Federal agency occupies at least 90 percent of the space in
the Government controlled facility or the Federal agency has the
concurrence of 100 percent of rent paying occupants; and
(B) The Federal agency satisfactorily demonstrates the ability to
perform the delegated real property management and operation
responsibilities.
(2) Individual repair and alteration project delegation. Delegates
to Federal agencies the authority to perform individual repair and
alterations projects. Repair and alterations authority is delegated to
Federal agencies for reimbursable space alteration projects up to the
simplified acquisition threshold, in accordance with Sec. 101-20.106 of
this subchapter. Repair and alterations authority may be delegated to
Federal agencies for other individual alteration projects when the
Federal agency demonstrates the ability to perform the delegated repair
and alterations responsibility and when such a delegation will promote
efficiency and economy.
(3) Delegation of lease management authority (Contracting Officer
Representative Authority). When a Federal agency elects not to exercise
the delegation of authority for general purpose space mentioned in
paragraph (a) of this section, GSA may delegate authority to a Federal
agency upon request to manage the administration of one or more lease
contracts. A delegation of lease management authority is appropriate
when all of the following conditions exist:
(i) The Federal agency occupies at least 90 percent of the space in
the lease or the Federal agency has the written concurrence of 100% of
rent-paying occupants covered under the lease; and
(ii) The Federal agency personnel satisfactorily demonstrate the
ability to perform the delegated lease management responsibilities.
(c) Disposal of real property. Delegates authority to Federal
agencies to utilize and dispose of real and related personal property
and to grant approvals and make determinations as provided for in the
delegation instrument. Disposal delegations to Federal agencies are
infrequent. Delegation of disposal authority may be appropriate where
low-value properties are involved and where the Federal agency has the
technical expertise to perform the disposition functions. GSA may grant
special delegations of authority to other Federal agencies for the
utilization and disposal of certain real property through the
procedures set forth in subpart 101-47.6.
(d) Security. Delegates authority to Federal agencies relating to
the protection of persons and property at the locations identified in
the delegation instrument. Security delegations to Federal agencies are
based upon considerations such as whether a clear and unique security
requirement exists; whether there is a critical national security
issue; whether the agency has an intelligence or law enforcement
mission; and/or whether the agency can show that the current security
contractor is ineffective.
(e) Public utilities. Delegates authority to Federal agencies to
negotiate and execute utility services contracts for the use and
benefit of the delegated agency and to intervene in utility rate
proceedings to represent the consumer interests of the Federal
Government, subject to the conditions stated in the delegation
instrument. The criteria that GSA uses in determining whether a
delegation will be issued include whether the Federal agency has the
technical expertise and adequate staffing, and whether there is an
existing areawide contract.
Subpart 101-16.3--Real Estate
Sec. 101-16.300 Basic policy.
Federal agencies must provide real estate and related services for
their use in an efficient and cost effective manner, after a
determination that suitable Government-controlled real estate is not
available.
Sec. 101-16.301 Program-specific authority.
Including, but not limited to, the Federal Property and
Administrative Services Act of 1949, as amended; Public Buildings Act
of 1959, as amended; Public Buildings Cooperative Use Act of 1976;
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended; the Architectural Barriers Act of 1968; the
Randolph-Sheppard Act, as amended; the National Environmental Policy
Act of 1969; the National Historic Preservation Act; Executive Order
12072, entitled ``Federal Space Management''; Executive Order 11988,
entitled ``Floodplain Management''; Executive Order 11990, entitled
``Protection of Wetlands;'' Executive Order 13006, entitled ``Locating
Federal Facilities on Historic Properties in our Nation's Central
Cities.''
[[Page 42450]]
Sec. 101-16.302 Real estate and related services.
Federal agencies must provide real estate and related services,
including leases, purchase options, building purchase, purchase of
sites, condemnation, and relocation assistance. The real estate and
related services include the following:
(a) Leases. Federal agencies must adhere to the following policies
when acquiring space by lease:
(1) Federal agencies may consider leases of privately owned land
and buildings only when needs cannot be satisfactorily met in
Government-controlled space and:
(i) Leasing proves to be more advantageous than the construction of
a new or alteration of an existing Federal building.
(ii) New construction or alteration is not warranted because
requirements in the community are insufficient or indefinite in scope
or duration.
(iii) Completion of a new building within a reasonable time cannot
be ensured.
(2) Available space in buildings under the custody and control of
the United States Postal Service (USPS) will be given priority
consideration in fulfilling Federal agency space needs.
(3) Acquisition of space by lease will be on the basis most
favorable to the Government, with due consideration to maintenance and
operational efficiency, and only at charges consistent with prevailing
scales for comparable facilities in the community.
(4) Acquisition of space by lease will be by negotiation except
where the sealed bid procedure is required by 41 U.S.C. 253(a). Except
as otherwise provided in 41 U.S.C. 253, full and open competition will
be obtained among suitable locations meeting minimum Government
requirements.
(5) When acquiring space by lease, the provisions of (101-17.205 of
this subchapter regarding determination of the location of Federal
facilities must be strictly adhered to. This implements Executive Order
12072.
(6) When acquiring space by lease, the provisions of section 110(a)
of the National Historic Preservation Act of 1966 (16 U.S.C. 470), as
amended, regarding the use of historic properties must be strictly
adhered to.
(7) Federal agencies 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
for each such lease agreement.
(8) 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 rental cost of leasing such space would
exceed the prospectus threshold. Federal agencies may lease such space
only if the Administrator first determines that leasing such space is
necessary to meet 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.
(b) Leases with purchase options. Give consideration to leasing
with a purchase option when one or more of the following conditions
exist:
(1) When the purchase option offers economic and other advantages
to the Government and is consistent with the Government's goals;
(2) When the Government is the sole or major tenant of the
building, and has a long-term need for the property;
(3) When otherwise in the best interest of the Government.
(c) Building purchase. Evaluate buildings considered for purchase
on a case-by-case basis when one or more of the following conditions
exist:
(1) When it is economically more beneficial to own and manage the
property;
(2) When there is a long-term need for the property;
(3) When the property is an existing building, or a building
nearing completion, that can be purchased and occupied within a
reasonable time.
(4) Or when otherwise in the best interests of the Government.
(d) Purchase of sites. Locate proposed Federal buildings on sites
that are most advantageous to the United States. Factors that may be
considered include, but are not limited to, 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. Site
selections must take into consideration Executive Orders 12072 and
13006 (see Sec. 101-19.002(a) of this subchapter). In addition,
consideration will also be given to:
(1) 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 Executive Order 11724 of June 25, 1973 and subpart 101-47.8 of this
chapter.
(2) 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.
(3) Determine the environmental condition of proposed sites prior
to purchase; such 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.
(4) Consider purchase options to secure the availability of a site.
(5) Suitable sites in established civic or redevelopment centers
which are well planned and properly financed with development initiated
and insured.
(6) Policies regarding the determination of the location of Federal
facilities shall be strictly adhered to in the process of developing
building projects.
(e) Condemnation. Obtain the use of real property through the
procedures set forth in subpart 101-18.2 of this subchapter.
(f) Relocation assistance. Eligible owners and tenants of property
purchased for use by Federal agencies must receive appropriate
relocation assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act, 42 U.S.C. 4651-4655. The
implementing regulations are found at Sec. 105-51.005 of this chapter.
Subpart 101-16.4--Facility Management
Sec. 101-16.400 Basic policy.
Federal agencies must manage, operate, and maintain Government-
owned and leased buildings in a manner that ensures quality space and
services consistent with operational needs and that accomplish overall
Government objectives. The management, operation, and maintenance of
buildings and building systems must be cost effective, must be adequate
to meet the agencies' missions, must meet nationally recognized
standards, and must be at an appropriate level to maintain and preserve
the physical plant assets, consistent with available funding.
Sec. 101-16.401 Program-specific authority.
Including, but not limited to, the Randolph-Sheppard Act, as
amended; the Small Business Act, as amended; Executive Order 12902,
entitled ``Energy Efficiency and Water Conservation at Federal
Facilities''; and Executive Order 12873, entitled ``Federal
Acquisition, Recycling, and Waste Prevention.''
[[Page 42451]]
Sec. 101-16.402 Occupancy services.
Federal agencies must provide occupancy services for real property
assets.
(a) Federal agencies 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.
(b) Federal agencies must provide occupancy services which
substantially conform to nationally recognized standards. As needed,
Federal 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. The occupancy
services include the following:
(1) Building services. Federal agencies must provide 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.
(2) Concessions. Federal agencies 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. Concessions services consist of 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. See Randolph-Sheppard Act, as amended, and subpart 101-20.2
of this subchapter.
(3) Conservation. Federal agencies must provide programs for the
improvement of energy and water efficiency. 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. 101-16.403 Asset services.
Federal agencies must provide asset services such as repairs (in
addition to those minor repairs identified in Sec. 101-16.402(b)(1)
entitled ``Building services'') and alterations for real property
assets. GSA must provide asset services such as modernizations for real
property assets. Asset services must be accomplished to maintain
continuity of Government operations, to provide for continued efficient
building operations, to extend the useful life of buildings and related
building systems, and to provide a quality workplace environment that
enhances employee productivity.
Subpart 101-16.5--Real Property Disposal
Sec. 101-16.500 Basic policy.
GSA must provide, in a timely, efficient, and cost effective
manner, the full range of real estate services necessary to support the
real property utilization and disposal needs of Federal agencies. Each
executive landholding agency must make surveys of real property under
its jurisdiction to identify property that is unutilized,
underutilized, or not being put to optimum use and to ensure that
adequate systems are in place to promote the effective utilization and
disposal of such real property.
Sec. 101-16.501 Program-specific authority.
Including, but not limited to, the Federal Property and
Administrative Services Act of 1949, as amended; the Stewart B.
McKinney Homeless Assistance Act; Executive Order 12512, entitled
``Federal Real Property Management;'' National Environmental Policy Act
of 1969, as amended; National Historic Preservation Act of 1966, as
amended; Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; Superfund Amendments and
Reauthorization Act of 1986, as amended.
Sec. 101-16.502 Real property disposal services.
GSA must provide for real property disposal services for real
property assets under its custody and control and for Federal agencies.
These real property disposal services include the following:
(a) Utilization of excess property. GSA must:
(1) Stimulate the identification and reporting by executive
agencies of excess real property.
(2) Achieve the maximum utilization by executive agencies, in terms
of economy and efficiency, of excess real property in order to minimize
expenditures for the purchase of real property.
(3) 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.
(4) Resolve conflicting transfer requests that cannot be resolved
by the involved agencies.
(b) Surveys. Each executive agency must:
(1) Survey real property under its control (including property
assigned on a permit basis to other Federal agencies, or outleased to
States, local governments, other public bodies, or private interests)
at least annually to identify property which 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 Federal or other use
would better serve the public interest, considering both the Federal
agency's needs and the property's location. In conducting each review,
Federal agencies must be guided by Sec. 101-47.801(b) of this chapter,
and other applicable General Services Administration regulations.
(2) Maintain its inventory of real property at the absolute minimum
consistent with economical and efficient conduct of the affairs of the
agency.
(3) Promptly report to GSA real property which it has determined to
be excess.
(c) Disposal of surplus property. Excess real property not needed
for further Federal use must be determined by GSA as surplus to the
needs of the Federal government and must be expeditiously made
available for acquisition by State and local governmental units and
nonprofit institutions or for sale by public advertising, negotiation,
or other disposal action. Considerations regarding availability for
public purposes based on highest and best use and estimated fair market
value must be made by GSA on a case-by-case basis. See Sec. 101-47.202-
2(b) of this chapter for the requirements for reporting excess real
property containing hazardous substance activity and, where hazardous
substance activity has been identified, Sec. 101-47.304-14 for required
information to be incorporated into Invitation for Bids/Offers to
Purchase.
(1) GSA may dispose of surplus real property by exchange for
privately owned property only--
(i) For property management considerations such as boundary
realignment or provision of access or
(ii) Where authorized by law, when the requesting Federal agency
has received approval by the Office of Management and Budget and the
appropriate oversight committees, and where the transaction offers
substantial economic or unique program advantages
[[Page 42452]]
not otherwise obtainable by any other method of acquisition.
(2) GSA may outlease surplus real property for non-Federal interim
use, pending its disposition, when both of the following conditions
exist:
(i) The lease or permit is for a period not exceeding 1 year and is
revocable on not to exceed 30 days' notice by the disposal agency; and
(ii) The use and occupancy will not interfere with, delay, or
impede the disposal of the property.
(3) GSA, or landholding Federal agencies with the approval of GSA,
may grant rights for non-Federal interim use of excess property
reported to GSA, when it is determined that such interim use is not
required for the needs of any Federal agency.
(d) Public benefit conveyances. Based on a highest and best use
analysis, GSA may designate surplus real property as available to State
and local governmental bodies and certain nonprofit institutions at up
to 100 percent public benefit discount for public benefit purposes
including education, health, park and recreation, homeless, historic
monument, public airport, highway, correctional, ports, and wildlife
conservation.
(e) Negotiated sale. GSA must obtain such competition as is
feasible under the circumstances in all negotiations of disposals and
contracts for disposal of surplus property.
(1) Negotiated sales may be made only:
(i) When the estimated fair market value of the property involved
does not exceed $15,000;
(ii) When bid prices after advertising therefore are not reasonable
(either as to all or some part of the property) or have not been
independently arrived at in open competition;
(iii) When the character or conditions of the property or unusual
circumstances make it impractical to advertise publicly for competitive
bids and the fair market value of the property and other satisfactory
terms of disposal can be obtained by negotiation;
(iv) When 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 obtained 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 (Such public purposes include
administrative offices, police stations, fire houses, and economic
development); or
(v) When negotiation is otherwise authorized by the Federal
Property and Administrative Services Act of 1949 or other law, such as:
(A) Disposals of power transmission lines for public or cooperative
power projects.
(B) Disposals for public airport utilization.
(2) Negotiated sales to public agencies must include an excess
profits clause, which usually runs for a period of 3 years, in the
offer to purchase and the conveyance document to eliminate the
potential for windfall profits to the public agencies.
(3) A negotiated sale for economic development purposes means a
transferee will develop or make substantial improvements to the
property with the intention of re-selling 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 will be greater than the anticipated proceeds derived
from a competitive public sale.
(f) Public sales. Surplus property that is not disposed of by
public benefit discount conveyance or by negotiated sale is made
available by competitive public sale. Awards must be made on the basis
of the Government's estimate of value, price and other factors that are
most advantageous to the Government.
(g) Economy Act sales. Under the Economy Act, GSA may provide sales
services to other Federal agencies on a reimbursable basis. Even though
these agencies have their own disposal authority, they are, in many
instances, unable to dispose of/sell large real property inventories
acquired through forfeiture, loan default, and drug seizures.
Reimbursable charges must be for actual expenses and are not formulated
to create a profit to GSA. Requests for sales services from other
agencies under the Economy Act must not be accepted by GSA if they
delay or otherwise impact the accomplishment of the mission objectives
of the Federal Property and Administrative Services Act of 1949, as
amended.
(h) Appraisals. For all real property transactions requiring
appraisals, GSA 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.
(1) Appraisals are not required when either of the following
conditions exist:
(i) The property is to be disposed of without monetary
consideration, or at a fixed price. This exception shall not apply to
disposals that take any public benefit purpose into consideration in
fixing the sale value of the property.
(ii) The estimated fair market value of property to be offered on a
competitive sale basis does not exceed $50,000.
(2) GSA must have the property appraised by experienced and
qualified appraisers familiar with the types of property to be
appraised.
(3) Appraisal data required for the purposes of disposing of
surplus property by negotiation under Sec. 101-16.502(e)(1)(iii), (iv),
or (v)(A) must be obtained under contractual arrangements with
experienced and qualified real estate appraisers familiar with the
types of property to be appraised. However, GSA may authorize any other
method of obtaining an estimate of the fair market value or the fair
annual rental it deems proper when the cost of obtaining such data from
a contract appraiser would be out of proportion to the expected
recoverable value of the property, or if for any other reason employing
a contract appraiser would not be in the best interest of the
Government.
Subpart 101-16.6--Design and Construction
Sec. 101-16.600 Basic policy.
GSA must provide for the highest quality of design and construction
services for the construction of new Federal facilities and for the
repair and alteration of existing Federal facilities in a timely,
efficient, and cost effective manner to support the mission of Federal
agencies. GSA must provide for Federal facilities in an architectural
style and form which is distinguished and reflects the dignity,
enterprise, vigor and stability of the Federal Government. GSA must
follow national building codes that govern Federal construction to the
maximum extent feasible, and give consideration to the requirements of
local building codes. Federal buildings must be designed to have a long
life expectancy, and must be able to accommodate continual changes due
to renovations. GSA must ensure that buildings are cost effective,
accessible to and usable by the physically handicapped, and that
building service equipment must be designed to be accessible for
maintenance, repair or replacement without causing significant
disturbance in occupied space. GSA must consider ease of operation when
selecting mechanical and electrical equipment.
Sec. 101-16.601 Program-specific authority.
Including, but not limited to, the Public Buildings Act of 1959;
[[Page 42453]]
Architectural Barriers Act of 1968; National Environmental Policy Act
of 1969; National Historic Preservation Act of 1966, as amended;
Rehabilitation Act of 1973, as amended; Americans with Disabilities Act
of 1990.
Sec. 101-16.602 Design and construction services.
GSA must provide for design and construction services for real
property assets under its custody and control for Federal agencies. The
design and construction services include the following:
(a) Site planning and landscape design. The quality of GSA site
design must be a direct extension of the building design and must make
a positive contribution to the surrounding landscape.
(1) GSA must consider all non procedural requirements of local
zoning laws. GSA must consider non procedural requirements of laws
relating to setbacks, height, historic preservation and aesthetic
qualities of a building.
(2) GSA must identify areas for future building expansion in the
architectural and site design concept for all GSA buildings where an
expansion need is identified to exist.
(3) GSA must assure that the landscape design creates a pleasant,
dynamic experience for occupants and visitors to its facilities and
that it is closely coordinated with the architectural characteristics
of the building.
(4) GSA must comply with the requirements of the National
Environmental Policy Act of 1969 for each project.
(b) Architectural and interior design. GSA must design Federal
facilities that demonstrate distinction and quality.
(1) Buildings must reflect the local architecture through the use
of building form, materials, colors, or detail. Building interiors must
express a quality of permanence similar to that of the buildings'
exterior.
(2) For new construction and major renovations, GSA must ensure
that physically handicapped persons have full access to, and use of
federally-controlled facilities in accordance with the Architectural
Barriers Act of 1968 (Uniform Federal Accessibility Standards (UFAS))
or Americans with Disabilities Act of 1990 (ADA accessibility
guidelines), whichever is more stringent. For minor renovations in
existing buildings, GSA must meet minimum UFAS requirements. A more
detailed explanation of these standards can be found in subpart 101-
19.6 of this subchapter.
(3) GSA must utilize metric specifications in construction where
metrication is the accepted industry standard, and to the extent that
such usage is economically feasible and practical.
(4) GSA must 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.
(c) Engineering systems design. GSA must provide for engineering
systems for real property assets under its custody and control for
Federal agencies. The engineering systems include the following:
(1) Structural engineering. GSA must have the capability to
accommodate changing Federal agencies' requirements in the life cycle
of Federal buildings.
(2) Mechanical engineering. GSA must encourage the use of building
automation systems that are cost effective and enable ease of operation
in Federal buildings.
(3) Electrical engineering and communications systems. GSA must
assure that electrical and communications systems support the many
types of equipment used in Federal buildings. These systems must
provide ample capacity for increased requirements in the future.
Subpart 101-16.7--Art-in-Architecture
Sec. 101-16.700 Basic policy.
The architectural character and design of Federal buildings
occupied by Federal agencies is enhanced through the commissioning of
works of art. GSA should incorporate fine arts as an integral part of
the total building concept in the design of new Federal buildings, and
in the substantial repair and alteration of 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. 101-16.701 Art-in-architecture services.
GSA may provide Art-in-architecture services for real property
assets under its custody and control. The Art-in-architecture services
include the following:
(a) Types of art. GSA must commission artwork that is diverse in
style and media.
(b) Funding. GSA funds the Art-in-architecture efforts by
allocating to it a portion of the estimated cost of constructing or
purchasing new Federal buildings, or of completing major repair and
alteration 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.
(c) Community support. To the maximum extent practicable, GSA
should seek the support and involvement of local citizens in the
selection of appropriate artwork. GSA 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.
(d) Commissioning of art. To the maximum extent practicable, the
commissioning and selection of art in Federal buildings should be a
collaborative effort among GSA, the architect of the building, art
professionals, and the local community.
(e) Public affairs. GSA must ensure that Art-in-architecture is
given national visibility to facilitate participation by a large and
diverse group of artists representing a wide variety of types of
artwork.
Subpart 101-16.8--Historic Preservation
Sec. 101-16.800 Basic policy.
In order to protect, enhance and preserve historic and cultural
property under its control, GSA must take into account the effects of
its 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.
Historic and cultural properties are those which are included in, or
eligible for inclusion in, the National Register of Historic Places
(National Register).
(a) GSA must solicit information from consulting parties to assist
it in carrying out its responsibilities under historic and cultural
preservation laws and regulations. GSA must invite the participation of
consulting parties through its normal public notification processes.
(b) Whenever a GSA undertaking adversely affects an historic or
cultural property, all adverse impacts must be minimized to the extent
that is feasible and prudent.
[[Page 42454]]
Sec. 101-16.801 Program-specific authority.
Including, but not limited to, the National Historic Preservation
Act of 1966, as amended; the Public Buildings Cooperative Use Act of
1976; and Executive Order 13006, entitled ``Locating Federal Facilities
on Historic Properties in our Nation's Central Cities.''
Sec. 101-16.802 Historic preservation services.
GSA must provide historic preservation services for real property
assets under its custody and control. The historic preservation
services include the following:
(a) Identification of historic properties. GSA must identify all
National Register or National Register-eligible historic and cultural
properties that are under its control. Properties that may be affected
by the policies, plans, or other undertakings of GSA sponsored
activities, must be examined for the presence of historic and cultural
significance. If unable to reach agreement on eligibility with the
State Historic Preservation Officer, GSA must request a determination
of eligibility from the Keeper of the National Register (Keeper) for
properties under its control that appear to meet the criteria of
eligibility for inclusion in the National Register.
(b) Nomination to the National Register. GSA must nominate to the
National Register all properties under its control determined eligible
for inclusion in the National Register by the Keeper.
(c) Property under GSA control. (1) Real property. GSA must prepare
a Historic Building Preservation Plan for each National Register or
National Register-eligible property under its control. All reports
must, when approved by the consulting parties, become a binding
management plan for the property.
(2) Direct and leased construction. GSA must investigate for the
presence of historic and cultural factors on all proposed sites for
direct and leased construction.
(3) Leased space. Federal agencies must give consideration to
historic properties which are suitable for office space or other
commercial usage. In leasing historic property, Federal agencies gives
a preference to such leasing actions.
(d) Disposition of real property. (1) Property under the control of
GSA. GSA must review all proposed excess actions for the inclusion of
National Register or National Register-eligible properties. GSA must
not perform an undertaking which could alter, destroy, or modify an
historic or cultural property until GSA has consulted with the SHPO and
the Advisory Council.
(2) Property under another agency's jurisdiction. GSA 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
has provided evidence that the Federal agency's National Historic
Preservation Act responsibilities have been met.
(e) Locating Federal Facilities on Historic Properties in Our
Nation's Central Cities. When operationally appropriate and
economically prudent, and subject to the requirements of Section 601 of
Title VI of the Rural Development Act of 1972, as amended, (42 U.S.C.
3122), and Executive Order 12072, when locating Federal facilities,
Federal agencies shall give first consideration to historic properties
within historic districts. If no such property is suitable, then
Federal agencies shall consider other developed or undeveloped sites
within historic districts. Federal agencies shall then consider
historic properties outside of historic districts, if no suitable site
within a district exists.
Subpart 101-16.9--Assignment and Utilization of Space
Sec. 101-16.900 Basic policy.
Federal agencies must provide a quality workplace environment that
supports program operations, preserves the value of real property
assets, ensures essential requirements for Federal workspace, and
ensures the provision of child care and physical fitness facilities in
the workplace when adequately justified. Federal agencies must promote
maximum utilization of Federal workspace in order to maximize its value
to the Government.
Sec. 101-16.901 Program-specific authority.
Including, but not limited to, the Rural Development Act of 1972,
as amended; Executive Order 12072, entitled ``Federal Space
Management''; Competition in Contracting Act of 1984 (CICA), as
amended; Executive Order 12411, entitled ``Government Work Space
Management Reforms''; Executive Order 12512, entitled ``Federal Real
Property Management;'' and Executive Order 13006, entitled ``Locating
Federal Facilities on Historic Properties in our Nation's Central
Cities.''
Sec. 101-16.902 Assignment and utilization services.
Federal agencies must provide assignment and utilization services
in a manner that will maximize the value of Federal real property
resources and improve the productivity of the workers that are housed.
The assignment and utilization services include the following:
(a) Assignment of space. Federal agencies must promote the optimum
use of space for each assignment at the minimum cost to the Government,
and must ensure that quality workspace is delivered and occupied in a
timely manner.
(1) Federal agencies must assign space based on space requirements.
(2) In accordance with 40 U.S.C. 490b and Sec. 101-17.214 of this
subchapter, Federal agencies are authorized to allot space in Federal
buildings to individuals or entities who will provide child care
services to Federal employees.
(3) In accordance with 5 U.S.C. 7901 and Sec. 101-17.213 of this
subchapter, Federal agencies are authorized to allot space in Federal
buildings for establishing fitness programs.
(b) Utilization of space. Federal agencies must promote efficient
utilization of space in accordance with GSA standards. In order to
maximize the use of vacant space, Federal agencies' space needs must be
satisfied in existing Government-controlled space to the maximum extent
practical. Available space in buildings under the custody and control
of the U.S. Postal Service must also be given priority consideration.
Where there is no space need, Federal agencies must make every effort
to maximize the productive use of vacant space through out-granting
(i.e., outlease, permit, license).
Sec. 101-16.903 Location of space.
Federal agencies must give first priority to the location of new
offices and other facilities in rural areas (42 U.S.C. 3122). When
Federal agency mission and program requirements call for location in an
urban area, Federal agencies must give first consideration to central
business areas (CBAs) and other designated areas (Executive Order
12072). In accordance with the Competition in Contracting Act (CICA),
Federal agencies must consider whether restricting the delineated area
to the central business area will provide for competition when
acquiring leased space. Where it is determined that an acquisition
should not be restricted to the CBA, Federal agencies may expand the
delineated area in consultation with local officials. The CBA must
continue to be included in such expanded areas. In accordance with
Executive Order 13006, and subject to the requirements of Section 601
of Title VI of the Rural Development Act of 1972, as amended, (42
U.S.C. 3122), Executive Order 12072, and CICA (41 U.S.C. 253 et seq.),
[[Page 42455]]
when locating Federal facilities, Federal agencies shall give first
consideration to historic properties within historic districts. If no
such property is suitable, then Federal agencies shall consider other
developed or undeveloped sites within historic districts. Federal
agencies shall then consider historic properties outside of historic
districts, if no suitable site within a district exists. 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. GSA is responsible for approving the
final delineated area and shall confirm that the final delineated area
is in compliance with the requirements of all applicable laws,
regulations, and Executive orders.
Subpart 101-16.10--Safety and Environmental Management
Sec. 101-16.1000 Basic policy.
Federal agencies must provide for a safe and healthful work
environment for Federal employees and the visiting public, protect
Federal real and personal property, promote mission continuity, and
provide reasonable safeguards for emergency forces if an incident
occurs. GSA must assess risk, ensure decisionmakers are aware of risks,
and act promptly and appropriately in response to risk.
Sec. 101-16.1001 Program-specific authority.
Including, but not limited to, the Occupational Safety and Health
Act of 1970; Executive Order 12196, entitled ``Occupational Safety and
Health Programs for Federal Employees''; Environmental Protection
Agency (EPA) approved State plans; the National Environmental Policy
Act; Executive Order 11988, entitled ``Floodplain Management'';
Executive Order 11990, entitled ``Protection of Wetlands'' as amended;
Clean Air Act, as amended; the Comprehensive Environmental Response,
Compensation, and Liability Act; Executive Order 12699, entitled
``Seismic Safety of Federal and Federally Assisted or Regulated New
Building Construction''; the Solid Waste Disposal Act, as amended; and
the Toxic Substances Control Act.
Sec. 101-16.1002 Occupancy services.
GSA must provide occupancy services for real property assets. The
occupancy services include the following:
(a) Asbestos. Federal agencies must inspect and assess GSA-owned
buildings for the presence and condition of asbestos-containing
materials. Federal agencies must ensure that leased space is 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 management program conforming to
Environmental Protection Agency guidance must be implemented.
(1) Federal agencies must manage in-place asbestos that is in good
condition and not likely to be disturbed.
(2) Federal agencies must abate damaged asbestos, and asbestos
likely to be disturbed. Federal agencies must perform a pre-alteration
asbestos assessment for activities that may disturb asbestos.
(3) Federal agencies must not use asbestos in new construction,
renovation/modernization or repair of GSA-owned 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. In situations where space is obtained
which has asbestos, an asbestos abatement program must ensure that the
asbestos will not be damaged or subject to disturbance by routine
operations, and the Federal agency must implement an asbestos
management program conforming to EPA guidance and requirements.
(4) Federal agencies must communicate all written and oral asbestos
information about the leased space to tenants.
(b) Radon. Federal agencies must abate radon in their space and
ensure that lessors abate radon in space when radon levels exceed
current EPA standards.
(1) Federal agencies must retest abated areas and ensure that
lessors retest, as required, abated areas to ensure adherence to EPA
standards.
(2) Federal agencies must test non-public water sources (in remote
areas for projects such as border stations) for radon according to EPA
guidance. Radon levels must be mitigated that exceed current applicable
EPA standards. Federal agencies must retest, as required, to ensure
adherence to EPA standards.
(c) Indoor air quality. GSA must assess indoor air quality of all
GSA-controlled buildings during GSA safety and environmental facility
assessments. Problems identified must be corrected. Federal agencies
must respond to Federal agency complaints on air quality and take
appropriate corrective action.
(d) Lead. Federal agencies must test space for lead-based paint in
renovation projects that require sanding, welding or scraping painted
surfaces. Lead based paint must not be removed from surfaces in good
condition. Federal agencies must test all painted surfaces for lead in
proposed or existing child care centers. Lead-based paint found must be
abated in accordance with Department of Housing and Urban Development
(HUD) Lead-Based Paint Guidelines. Federal agencies must test potable
water for lead in all drinking water outlets in child care centers.
Federal agencies must take corrective action when lead levels exceed
the HUD Guidelines.
(e) Hazardous materials and wastes. Federal agencies must monitor
the transport, use, and disposition of hazardous materials and waste in
GSA-controlled buildings to ensure compliance with GSA, OSHA,
Department of Transportation, EPA, and EPA-approved State and local
requirements. In leased space, Federal agencies must ensure that all
agreements with the lessor require that the leased space be free of
hazardous materials according to applicable Federal, State, and local
environmental regulations.
(f) Underground storage tanks. GSA must manage and close
underground storage tanks, including heating oil and fuel oil tanks, in
accordance with GSA, EPA, and EPA-approved State and local
requirements. GSA must require the responsible party for tanks not
owned or operated by GSA, to follow these requirements and to be
responsible for the cost of compliance.
(g) 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. Leased
buildings are subject to local requirements and inspection.
(1) GSA must identify and estimate risks and appropriate reduction
strategies for each Federal agency's building.
(2) Federal agencies must use the National Fire Protection
Association (NFPA) codes and standards as a guide for its building
operations.
(h) Facility assessments. GSA must evaluate facilities to ensure
compliance with GSA's Safety and Environmental program. These
evaluations must be conducted in accordance with schedules that are
compatible with repair and alteration and leasing operations.
(i) Risk reduction. GSA must manage the execution of risk reduction
projects. GSA regions, or Central Office, if
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requested, must determine appropriate action for identifying hazards,
initiating corrections, conducting follow-up, and documenting actions.
(j) Incident investigation. Federal agencies must investigate all
incidents regardless of severity, e.g., fires, accidents, injuries, and
environmental incidents. Boards of Investigation must be formed, with
GSA representation, for incidents resulting in serious injury, death,
or significant property losses.
(k) Communication. Federal agencies must inform occupant Federal
agencies of the condition and management of their facility safety and
environment.
(l) Prevention. Federal agencies must ensure that fire and accident
prevention, and environmental prevention promotes clean, safe, useful,
and properly maintained and preserved facilities. These activities will
promote accident and fire prevention, and environmental practices among
GSA staff, contractors, occupant agencies, and others, as appropriate.
Sec. 101-16.1003 Federal construction and lease construction projects.
GSA must ensure that required environmental issues are assessed
throughout planning and project development. This will ensure that the
environmental impacts of a project will be considered during the
decision-making process.
Subpart 101-16.11--Security
Sec. 101-16.1100 Basic policy.
Federal agencies must provide for the security and protection of
federally owned or controlled real estate, including the protection of
persons and property.
(a) Federal agencies must, where feasible, upgrade and maintain
security standards in each federally owned facility to the minimum
standards specified in the June 28, 1995, Presidential Policy
Memorandum for Executive Departments and Agencies, entitled,
``Upgrading Security at Federal Facilities.''
(b) GSA must establish Building Security Committees composed of
representatives from each Federal agency at GSA controlled facilities.
Sec. 101-16.1101 Program-specific authority.
Including, but not limited to, the Protection of Public Property
Act.
Sec. 101-16.1102 Law enforcement.
Federal agencies must manage, administer, and operate law
enforcement functions to support their mission to protect real property
assets, as well as occupants and visitors to federally owned or
controlled facilities.
Sec. 101-16.1103 Security services.
Federal agencies must provide security services, including physical
security, contract guard administration, training, and security
systems. The security services include the following:
(a) Physical security. GSA must determine the specific type of
security and physical protection for each building, facility, or space
under its custody and control, including standards for the location and
special security needs of day care centers.
(b) Contract guard administration. Federal agencies must allow
contract guards to work in federally owned or controlled facilities
only under direct supervision prior to obtaining the appropriate
background investigations. Federal agencies must administer guard
contracts and monitor and inspect contract guard personnel on a
recurring basis.
(c) Training. Federal agencies must ensure the management,
development, and implementation of mission related training for its
special police officers.
(1) Federal agencies must ensure that security training takes into
account the possibility of the threat of terrorism, terrorist attacks,
or other acts of violence at federally controlled facilities.
(2) Federal agencies must ensure that the level of training
received by contract guards meets or exceeds the Federal Protective
Service (FPS) contract guard standards. These standards include 80
hours of classroom training on security related topics, First-Aid/CPR
training/certification, and firearms training. Contract guard
responsibilities include controlling building access at fixed
positions, providing initial security screens, operating screening
equipment, providing a patrol presence, and reporting incidents. The
level of training required by FPS Police Officers include 8 weeks of
law enforcement and security training at the Federal Law Enforcement
Training Center (FLETC), chemical spray training, expandable baton
training, 40 hours of in-service training on law enforcement topics on
an annual basis, First-Aid/CPR training/certification, and 80 hours of
refresher training at FLETC every 3 years. FPS Police Officer
responsibilities include detaining suspects, arrest, investigating
incidents, providing a patrol presence, responding to calls, monitoring
guards, educating tenants, and performing safety and crime prevention
activities.
(d) Security systems. GSA must maintain communication control
centers to protect Federal workers and visitors and to safeguard
facilities against criminal activity. GSA must maintain a physical
security data base of all Federal office buildings.
Subpart 101-16.12--Public Utilities
Sec. 101-16.1200 Basic policy.
Federal agencies must provide services that ensure and promote
economy and efficiency in the procurement of public utility services.
Sec. 101-16.1201 Program-specific authority.
Including, but not limited to, the Federal Power Act of 1920, as
amended; Public Utility Holding Company Act of 1935, as amended; Clean
Air Act of 1963, as amended; National Environmental Policy Act of 1969;
Natural Gas Policy Act of 1978, as amended; Public Utility Regulatory
Policy Act of 1978, as amended; The Small Business Act (SBA), as
amended by Pub. L. 95-507; Powerplant and Industrial Fuel Use Act of
1978, as amended; Energy Policy Act of 1992, as amended; Executive
Order 12902, entitled ``Energy Efficiency and Water Conservation at
Federal Facilities''; and ``Federal Energy Regulatory Commission and
Environmental Protection Agency'' rulings.
Sec. 101-16.1202 Public utilities services.
Federal agencies must provide rate intervention and utility
contracting services for public utilities. GSA must provide technical
assistance services for public utilities. The public utility services
include the following:
(a) Rate intervention. Federal agencies must provide for
representation in proceedings involving public utilities before Federal
and state regulatory bodies.
(b) Utility contracts. Federal agencies 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.
(c) Technical assistance services. GSA must make available
technical assistance or acquisition information on public utilities to
other Federal agencies, mixed ownership Federal Government
corporations, and the District of Columbia.
Dated: July 31, 1997.
David L. Bibb,
Acting Associate Administrator for Governmentwide Policy.
[FR Doc. 97-20650 Filed 8-6-97; 8:45 am]
BILLING CODE 6820-23-P