[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Proposed Rules]
[Pages 35122-35123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16503]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 552

[GSAR Notice 5-420]
RIN 3090-AH01


Acquisition of Leasehold Interests in Real Property; Historic 
Preference

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration proposes to amend the 
General Services Administration Acquisition Regulations (GSAR) by 
revising the provision at 552.270-4, Historic Preference.

DATES: Comments should be submitted on or before August 30, 1999 to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, Office of Acquisition Policy, GSA 
Acquisition Policy Division (MVP), 1800 F Street, NW, Room 4027, 
Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Nydia M. Coleman, GSA Acquisition 
Policy Division, (202) 208-0759.

SUPPLEMENTARY INFORMATION:

A. Background

    Executive Order (EO) 13006, dated May 21, 1996, requires that the 
Federal Government utilize and maintain, wherever operationally 
appropriate and economically prudent, historic properties and 
districts. Towards that end, the EO establishes that Federal agencies 
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. Based on the requirements of the EO, the GSAR provision has 
been revised to establish a hierarchy of consideration and to give a 
price evaluation preference for those considerations.

B. Executive Order 12866

    This regulatory action was not subject to Office of Management and 
Budget review under Executive Order 12866, dated September 30, 1993, 
and is not a major rule under 5 U.S.C. 804.

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 the rule 
merely implements an existing EO and imposes no new requirements.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the GSAR do not impose recordkeeping or information 
collection requirements, or collections of

[[Page 35123]]

information from offerors, contractors, or members of the public that 
require approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Part 552

    Government procurement.

    Accordingly, it is proposed that 48 CFR Part 552 be amended as 
follows:
    1. Authority 40 U.S.C. 486(c).

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 552.2 Text of Provisions and Clauses

    2. Section 552.270-4 is revised to read as follows:


552.270-4   Historic Preference.

    As prescribed in section 570.702(b), insert the following 
provision:

HISTORIC PREFERENCE (--1999)

    (a) Preference will be given to offers of space in historic 
properties following this hierarchy of consideration:
    (1) Historic properties within historic districts
    (2) Developed and undeveloped sites within historic districts,
    (3) Historic properties outside of historic districts.
    (b) Historic property means any district, site, building, 
structure, or object that is included in or eligible for the 
National Register. Historic District means any business area, 
industrial area, neighborhood, rural area, or other complex of 
buildings, structures, sites, objects, and/or landscape features 
that is included in or eligible for inclusion in the National 
Register of Historic Places. Historic properties and districts 
include those determined eligible by GSA or a State Historic 
Preservation Officer, or designated by any State, local or Indian 
tribal government under pertinent State, local or tribal law.
    (c) The offer for space must meet the terms and conditions of 
this solicitation. (It is within the discretion of the Contracting 
Officer to accept alternatives to certain architectural 
characteristics and safety features defined elsewhere in this 
solicition to maintain the historical integrity of the building such 
as high ceilings, wooden floors, etc.)
    (d) Where award will be based on the lowest price technically 
acceptable source selection process, a 10 percent price evaluation 
preference, based on the total annual square foot (ANSI/BOMA usable) 
cost to the Government, will be given to historic properties as 
follows:
    (1) First to suitable historic properties within historic 
districts,
    (2) If no suitable historic property within an historic district 
is offered, or the 10 percent preference does not result in the 
lowest acceptable offer, the preference will then be given to 
suitable developed or undeveloped sites within historic districts.
    (3) Finally, if no suitable developed or undeveloped site within 
an historic district is offered, or the 10 percent preference does 
not result in the low offer, the preference will then be given to 
historic properties outside of historic districts.
    (e) Where award will be made based on a tradeoff process of 
source selection which permits tradeoffs among cost or price and 
non-cost factors, a 10 percent price evaluation preference, based on 
the total annual square foot (ANSI/BOMA usable) cost to the 
government, will be given to historic properties as follows:
    (1) First to suitable historic properties within historic 
districts.
    (2) If no suitable historic property within an historic district 
is offered, or is eliminated from the competition, the preference 
will then be given to suitable developed or undeveloped sites within 
historic districts.
    (3) Finally, if no suitable developed or undeveloped site within 
an historic district is offered, or is eliminated from the 
competition, the preference will then be given to historic 
properties outside of historic districts.
(End of Provision)

    Dated: June 23, 1999.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 99-16503 Filed 6-29-99; 8:45 am]
BILLING CODE 6820-61-M