[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Rules and Regulations]
[Pages 55938-55939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20847]



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Part VI





General Services Administration





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48 CFR Part 552



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

  Federal Register / Vol. 69, No. 179 / Thursday, September 16, 2004 / 
Rules and Regulations  

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GENERAL SERVICES ADMINISTRATION

48 CFR Part 552

[Amendment 2004-03; GSAR Case 2002-G504; Change 11]
RIN 3090-AH01


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

AGENCIES:  General Services Administration (GSA), Office of the Chief 
Acquisition Officer.

ACTION:  Final rule.

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

DATES: Effective Date: September 16, 2004.

FOR FURTHER INFORMATION CONTACT:  Ms. Laurie Duarte, Regulatory 
Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501-
4225, for information pertaining to status or publication schedules. 
For clarification of content, contact Ms. Julia Wise, Procurement 
Analyst, at (202) 208-1168. Please cite Amendment 2004-03; GSAR case 
2002-G504.

SUPPLEMENTARY INFORMATION:

A. Background

    GSA is amending the GSAR by revising the provision on Historic 
Preference. Executive Order (E.O.) 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 E.O. requires that, subject to the requirements of the Rural 
Development Act and E.O. 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 E.O. 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 at 64 FR 35122, June 30, 1999. GSA received 
comments, and the proposed rule was revised. 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 an 
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. Because 
numerous changes were made to the proposed historic preference 
provision, GSA published a second proposed rule in the Federal Register 
at 66 FR 53193, October 19, 2001. No further comments were received.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration certifies that this final rule 
will not 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 this rule implements an existing Executive 
order 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 and 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.

    Dated: September 8, 2004.
David A. Drabkin,
Senior Procurement Executive,Office of the Chief Acquisition Officer.

0
Therefore, GSA amends 48 CFR part 552 as set forth below:

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 552 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c).

0
2. Revise section 552.270-2 to read as follows:


552.270-2  Historic Preference.

    As prescribed in 570.602, insert the following provision:
Historic Preference (SEPT. 2004)
    (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

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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 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)
[FR Doc. 04-20847 Filed 9-15-04; 8:45 am]
BILLING CODE 6820-BR-S