[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Proposed Rules]
[Pages 53193-53194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26446]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 552

RIN 3090-AH01


General Services Administration Acquisition Regulation; 
Acquisition of Leasehold Interests in Real Property; Historic 
Preference

AGENCY: General Services Administration (GSA), Office of Acquisition 
Policy.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration amends the GSA Acquisition 
Regulation (GSAR) by revising the provision on Historic Preference.

DATES: Interested parties should submit comments in writing on or 
before December 18, 2001 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to: General Services Administration, 
Office of Acquisition Policy, 1800 F Street, NW., Room 4035, ATTN: 
Michael Hopkins, Washington, DC 20405. Please submit comments only.

FOR FURTHER INFORMATION CONTACT: For information pertaining to status 
or publication schedules contact Mr. Hopkins at (202) 501-1448. For 
clarification of content, contact Ms. Julia Wise, Procurement Analyst, 
at (202) 208-1168.

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, in order to help revitalize the nation's central cities. The 
EO requires that, subject to the requirements of the Rural Development 
Act and EO 12072, when locating Federal facilities, Federal agencies 
give first consideration to historic properties within historic 
districts. If no such property is suitable, then Federal agencies must 
consider other developed or undeveloped sites within historic 
districts. Federal agencies must then consider historic properties 
outside historic districts, if no suitable site within a district 
exists. Based on the requirements of EO 13006, the GSAR provision has 
been revised to establish a hierarchy of consideration that is 
facilitated by giving a price evaluation preference to offers of space 
falling within the hierarchy.
    A proposed rule implementing a historic preference provision for 
leasehold interests in real property was published in the Federal 
Register for comments on June 30, 1999. GSA received comments and the 
proposed rule has been revised. Because numerous changes have been made 
to the proposed historic preference provision, GSA is publishing it 
again as a proposed rule.
    The comments received by GSA and the changes made to the historic 
preference provision are summarized as follows. The Advisory Council on 
Historic Preservation recommended that the definitions of historic 
property and historic district be made consistent with other existing 
regulations and statutory definitions and that the hierarchical 
preferences be stated more clearly. The proposed historic preference 
provision has been revised to incorporate appropriate definitions from 
the National Historic Preservation Act and implementing regulations in 
Title 36 of the Code of Federal Regulations, and to clarify how the 
historic preference will be applied.
    GSA also considered whether the price preference for non-historic 
developed and undeveloped sites within historic districts should be 
less than the price preference for historic properties within and 
outside of historic districts. GSA believed that this would more 
appropriately reflect the relatively higher cost of rehabilitating, 
altering, and maintaining existing historic buildings as opposed to 
constructing and maintaining new buildings or altering existing non-
historic buildings within a historic district. Accordingly, the 
historic preference provision has been revised to provide that historic 
properties within and outside of historic districts may be eligible for 
a 10 percent price preference; non-historic developed and undeveloped 
sites within historic districts may be eligible for a 2.5 percent price 
preference.
    Finally, the provision has been revised to state that the 
Government will compute the price evaluation preferences by reducing 
the price(s) of the offerors qualifying for a price evaluation 
preference by the applicable percentage provided in the historic 
preference provision.
    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.

B. Regulatory Flexibility Act

    This 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 
implements an existing Executive Order (EO) and does not impose any new 
requirements. This rule requires the Federal Government to utilize and 
maintain historic properties and districts, wherever possible, to aid 
in the revitalization of the nation's central cities. This rule 
establishes a price evaluation preference and order preference for 
properties in these specific areas.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or otherwise collect 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. The authority citation for part 552 continues to read as 
follows:

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

[[Page 53194]]

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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


552.270-2  Historic Preference.

    As prescribed in 570.602, insert the following provision:

Historic Preference October 2001

    (a) The Government will give preference to offers of space in 
historic properties following this hierarchy of consideration:
    (1) Historic properties within historic districts.
    (2) Non-historic developed and non-historic undeveloped sites 
within historic districts.
    (3) Historic properties outside of historic districts.
    (b) Definitions. (1) Determination of eligibility means a decision 
by the Department of the Interior that a district, site, building, 
structure or object meets the National Register criteria for evaluation 
although the property is not formally listed in the National Register. 
(36 CFR 60.3(c))
    (2) Historic district means a geographically definable area, urban 
or rural, possessing a significant concentration, linkage, or 
continuity of sites, buildings, structures, or objects united by past 
events or aesthetically by plan or physical development. A district may 
also comprise individual elements separated geographically but linked 
by association or history. (36 CFR 60.3(d)) The historic district must 
be included in or be determined eligible for inclusion in the National 
Register of Historic Places.
    (3) Historic property means any pre-historic or historic district, 
site, building, structure, or object included in or been determined 
eligible for inclusion in the National Register of Historic Places 
maintained by the Secretary of the Interior. (36 CFR 800.16(l))
    (4) National Register of Historic Places means the National 
Register of districts, sites, buildings, structures and objects 
significant in American history, architecture, archeology, engineering 
and culture that the Secretary of the Interior is authorized to expand 
and maintain under the National Historic Preservation Act. (36 CFR 
60.1)
    (c) The offer of space must meet the terms and conditions of this 
solicitation. The Contracting Officer has discretion to accept 
alternatives to certain architectural characteristics and safety 
features defined elsewhere in this solicitation to maintain the 
historical integrity of an historic building, such as high ceilings and 
wooden floors, or to maintain the integrity of an historic district, 
such as setbacks, floor-to-ceiling heights, and location and appearance 
of parking.
    (d) When award will be based on the lowest price technically 
acceptable source selection process, the Government will give a price 
evaluation preference, based on the total annual square foot (ANSI/BOMA 
Office Area) cost to the Government, to historic properties as follows:
    (1) First to suitable historic properties within historic 
districts, a 10 percent price preference.
    (2) If no suitable historic property within an historic district is 
offered, or the 10 percent preference does not result in such property 
being the lowest price technically acceptable offer, the Government 
will give a 2.5 percent price preference to suitable non-historic 
developed or undeveloped sites within historic districts.
    (3) If no suitable non-historic developed or undeveloped site 
within an historic district is offered, or the 2.5 percent preference 
does not result in such property being the lowest price technically 
acceptable offer, the Government will give a 10 percent price 
preference to suitable historic properties outside of historic 
districts.
    (4) Finally, if no suitable historic property outside of historic 
districts is offered, no historic price preference will be given to any 
property offered.
    (e) When award will be based on the best value tradeoff source 
selection process, which permits tradeoffs among price and non-price 
factors, the Government will give a price evaluation preference, based 
on the total annual square foot (ANSI/BOMA Office Area) cost to the 
Government, to historic properties as follows:
    (1) First to suitable historic properties within historic 
districts, a 10 percent price preference.
    (2) If no suitable historic property within a historic district is 
offered or remains in the competition, the Government will give a 2.5 
percent price preference to suitable non-historic developed or 
undeveloped sites within historic districts.
    (3) If no suitable non-historic developed or undeveloped site 
within an historic district is offered or remains in the competition, 
the Government will give a 10 percent price preference to suitable 
historic properties outside of historic districts.
    (4) Finally, if no suitable historic property outside of historic 
districts is offered, no historic price preference will be given to any 
property offered.
    (f) The Government will compute price evaluation preferences by 
reducing the price(s) of the offerors qualifying for a price evaluation 
preference by the applicable percentage provided in this provision. The 
price evaluation preference will be used for price evaluation purposes 
only. The Government will award a contract in the amount of the actual 
price(s) proposed by the successful offeror and accepted by the 
Government.
    (g) To qualify for a price evaluation preference, offerors must 
provide satisfactory documentation in their offer that their property 
is qualifies as one of the following:
    (1) An historic property within an historic district.
    (2) A non-historic developed or undeveloped site within an historic 
district.
    (3) An historic property outside of an historic district. (End of 
provision)

    Dated: May 30, 2001.
David A. Drabkin,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 01-26446 Filed 10-18-01; 8:45 am]
BILLING CODE 6820-61-P