[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Rules and Regulations]
[Pages 34733-34734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16197]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION 6820-34

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

[FPMR Amendment E-278]
RIN 3090-AG84


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

AGENCY: Office of Governmentwide Policy.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The General Services Administration is removing Federal 
Property Management Regulations (FPMR) Guidelines for Making Purchase 
or Lease Determinations, and Use of Private Inspection, Testing, and 
Grading Services, from the FPMR. Adequate coverage on these issues is 
contained in the Federal Acquisition Regulation (FAR). A cross-
reference is added to the FPMR to direct readers to the appropriate FAR 
coverage.

EFFECTIVE DATE: This final rule is effective June 29, 1999.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington DC 20405, (202) 208-7312.

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:
    1. Removing FPMR 101-25.5 regarding Guidelines for Making Purchase 
or Lease Determinations and adding a cross-reference to the FAR in its 
place. The decision to lease or purchase equipment is an acquisition 
matter and coverage on this subject is contained in FAR Subpart 7.4.
    2. Removing FPMR 101-31.2 regarding the use of private inspection, 
testing, and grading services and adding 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.
    A proposed rule was published in the Federal Register on February 
10, 1999 (64 FR 6589). No comments were received.

[[Page 34734]]

B. Executive Order 12866

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

C. Regulatory Flexibility Act

    This final rule is not 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 the rule 
removes from the FPMR coverage at 101-25.5, Guidelines for Making 
Purchase or Lease Determinations, and 101-31.2, Use of Private 
Inspection, Testing, and Grading Services.

D. Paperwork Reduction Act

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

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is not a major rule under 5 U.S.C. 804.

List of Subjects in 41 CFR Parts 101-25 and 101-31

    For the reasons set forth in the preamble, 41 CFR parts 101-25, 
101-31, and 101-38 are 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. 101-25.500  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--Private Inspection, Testing, and Grading Services


Sec. 101-31.200  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: May 19, 1999.
David J. Barram,
Administrator of General Services.
[FR Doc. 99-16197 Filed 6-28-99; 8:45 am]
BILLING CODE 6820-34-P