[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Proposed Rules]
[Page 6589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3259]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 101-25, 101-31, and 101-38

RIN 3090-AG84


Guidelines for Making Purchase or Lease Determinations and Use of 
Private Inspection, Testing, and Grading Services

AGENCY: Office of Governmentwide Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration is proposing to remove 
Federal Property Management Regulations (FPMR) 101-25.5, Guidelines for 
Making Purchase or Lease Determinations, and 101-31.2, Use of Private 
Inspection, Testing, and Grading Services, from the FPMR. Adequate 
coverage on these issues is contained in the Federal Acquisition 
Regulation (FAR). As a result, no replacement coverage will be included 
in the forthcoming Federal Property and Administrative Services 
Regulation (FPASR). A cross-reference will be added to the FPMR to 
direct readers to the appropriate FAR coverage.

DATES: Comments must be received on or before April 12, 1999 to be 
considered in the formulation of the final rule.

ADDRESSES: Written comments should be sent to the Regulatory 
Secretariat (MVRS), General Services Administration, Room 4035, 1800 F 
Street, NW., Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington DC 20405, (202) 208-7312, for information 
pertaining to status or publication schedules. For clarification of 
content contact: FPMR Part 101-25, Jack O'Neill, at 501-3856, or FPMR 
Part 101-31, Ms. Linda Klein, at (202) 501-3775.

SUPPLEMENTARY INFORMATION:

A. Background

    In an effort to improve GSA's external directives system, GSA has 
undertaken a review of the Federal Property Management Regulations 
(FPMR). The FPMR prescribes Governmentwide regulations for real 
property, personal property, and other programs and activities within 
GSA's regulatory authority. GSA will update, streamline, and clarify 
the content of the FPMR over the next year. As part of this review, GSA 
is proposing to:
    1. Remove FPMR 101-25.5 regarding Guidelines for Making Purchase or 
Lease Determinations and add a cross-reference to the FAR in its place. 
The decision to lease or purchase is an acquisition matter and coverage 
on this subject is contained in FAR Subpart 7.4.
    2. Remove FPMR 101-31.2 regarding the use of private inspection, 
testing, and grading services and add a cross-reference to the FAR in 
its place. Coverage on this subject is provided in the Federal 
Acquisition Regulation (FAR). FAR Part 46, Quality Assurance, 
prescribes policies and procedures to ensure that supplies and services 
acquired under Government contract conform to the contract's quality 
and quantity requirements. Included in Part 46 are inspection and other 
measures associated with quality requirements. FAR Part 37 covers 
service contracting. FAR Subpart 7.5, Inherently Governmental 
Functions, addresses what is and is not an inherently Governmental 
function.

B. Executive Order 12866

    The General Services Administration has determined that this 
proposed rule is not a significant regulatory action for the purposes 
of Executive Order 12866.

C. Regulatory Flexibility Act

    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because similar 
coverage continues to be provided in the Federal Acquisition 
Regulation.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
rule does not impose reporting, recordkeeping or information collection 
requirements which require the approval of the Office of Management and 
Budget pursuant to 44 U.S.C. 3501 et seq.

E. Small Business Regulatory Enforcement Act

    This proposed rule is not a major rule under 5 U.S.C. 804. List of 
Subjects in 41 CFR Parts 101-25, 101-31 and 101-38 Government property 
management.
    For the reasons set forth in the preamble, it is proposed that 41 
CFR parts 101-25, 101-31, and 101-38 be amended as follows:
    1. The authority citation for parts 101-25, 101-31, and 101-38 
continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

PART 101-25--GENERAL

    2. Subpart 101-25.5 is revised to read as follows:

Subpart 101-25.5--Purchase or Lease Determinations


Sec. 101-25.2-1  Cross-reference to the Federal Acquisition Regulation 
(FAR) (48 CFR Chapter 1, Parts 1-99).

    For guidance see Federal Acquisition Regulation Subpart 7.4 (48 CFR 
Subpart 7.4).

PART 101-31--INSPECTION AND QUALITY CONTROL

    3. Subpart 101-31.2 is revised to read as follows:

Subpart 101-31.2--Inspection, Testing, and Grading


Sec. 101-31.2-1  Cross-reference to the Federal Acquisition Regulation 
(FAR) (48 CFR Chapter 1, Parts 1-99).

    For guidance see Federal Acquisition Regulation (e.g., Subpart 7.5, 
and Parts 37 and 46) (48 CFR Subpart 7.5, and Parts 37 and 46).

PART 101-38--MOTOR VEHICLE MANAGEMENT

    4. Section 101-38.105 is amended by removing paragraph (g) and 
redesignating paragraphs (h) and (i) as paragraphs (g) and (h) 
respectively.

    Dated: February 4, 1999.

G. Martin Wagner,

Associate Administrator for Governmentwide Policy.
[FR Doc. 99-3259 Filed 2-9-99; 8:45 am]
BILLING CODE 6820-34-P