[Federal Register Volume 79, Number 73 (Wednesday, April 16, 2014)]
[Notices]
[Pages 21464-21469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08645]


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

GENERAL SERVICES ADMINISTRATION

[Notice-PBS-2013-02; Docket No: 2013-0002; Sequence 12]


Federal Management Regulation; Delegations of Lease Acquisition 
Authority--Notification, Usage, and Reporting Requirements for General 
Purpose, Categorical, and Special Purpose Space Delegations

AGENCY: Public Buildings Service (PBS), General Services Administration 
(GSA).

ACTION: Notice of FMR Bulletin C-2 Delegations of Lease Acquisition 
Authority.

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

SUMMARY: The U.S. General Services Administration (GSA) recently 
completed a review of agencies' lease files for space acquired using a 
delegation of leasing authority from GSA in accordance with Federal 
Management Regulation (FMR) Bulletin 2008-B1 (Bulletin 2008-B1). FMR 
Bulletin C-2 clarifies the conditions, restrictions and reporting 
requirements specified in the delegation of authority and updates 
weblinks, the Simplified Lease Threshold and regulation references 
specified in FMR Bulletin 2008-B1. This bulletin is in keeping with the 
spirit of Executive Order 13327, ``Federal Real Property Asset 
Management,'' to maximize the increased governmentwide emphasis on real 
property inventory management.
    A notice announcing FMR Bulletin C-2 appeared in the Federal 
Register on March 13, 2014 (79 FR 144251) which stated the bulletin 
would be posted only on the FMR Web site. However, that decision was 
reconsidered and for the convenience of the reader, FMR Bulletin C-2 
appears in full in today's Federal Register following this notice. FMR 
Bulletin C-2 and all FMR bulletins may be accessed at http://www.gsa.gov/fmrbulletins.

DATES: Effective: April 16, 2014.

FOR FURTHER INFORMATION CONTACT: Contact Ms. Mary Pesina, Director, 
Center for Lease Delegations, Office of Leasing, Public Buildings 
Service, at 202-236-1686, or [email protected].

SUPPLEMENTARY INFORMATION: Federal Property Management Regulation 
(FPMR) Bulletin D-239, published in the Federal Register on October 16, 
1996 (61 FR 53924), announced a new GSA leasing program called ``Can't 
Beat GSA Leasing'' and the delegation of lease acquisition authority 
issued by the Administrator of General Services to the heads of all 
Federal agencies in his letter of September 25, 1996. GSA Bulletin FPMR 
D-239, Supplement 1, published in the Federal Register on December 18, 
1996 (61 FR 66668), issued supporting information for the delegation. 
GSA Bulletin FMR 2005-B1, published in the Federal Register on May 25, 
2005 (70 FR 30115), revised and re-emphasized certain procedures 
associated with the delegation of General Purpose leasing authority.
    On August 24, 2007, the Government Accountability Office and the 
GSA Office of Inspector General issued a report recommending that GSA 
provide centralized management and oversight of all lease delegation 
activities to ensure that all federal agencies procuring leased space 
under delegated authority follow the conditions, restrictions and 
reporting requirements specified in the delegation of authority. In 
response to the audit recommendations, GSA centralized its management 
and oversight of all GSA-authorized lease delegations and, on November 
19, 2007, published FMR Bulletin 2008-B1 in the Federal Register (72 FR 
65026), which limited General Purpose delegations of lease authority to 
no more than 19,999 rentable square feet of space and implemented 
management controls commensurate with the risks at that threshold. In 
addition, FMR Bulletin 2008-B1 established new requirements for 
agencies requesting authorization to use the General Purpose and 
Special Purpose delegation authority and established revised reporting

[[Page 21465]]

requirements, including the submission of documents to GSA at various 
points in the lease acquisition process, and required agencies to have 
in place an organizational structure to support the delegation, ensure 
compliance with all applicable laws, regulations and GSA directives 
governing the lease acquisition and administer the lease. FMR Bulletin 
2008-B1 also addressed requirements for another longstanding delegation 
for Categorical space, as provided in 41 CFR part 102-73.
    FMR Bulletin C-2 re-emphasizes and updates the conditions, 
restrictions and reporting requirements applicable to GSA leasing 
delegations.

Anne E. Rung,
Associate Administrator.

General Services Administration
Washington, DC 20417
Add date signed

GSA Bulletin FMR C-2

Delegations of Lease Acquisition Authority

TO: Heads of Federal Agencies
SUBJECT: Revised Implementation Requirements for Delegations of Lease 
Acquisition Authority.

1. Purpose

    This bulletin re-emphasizes and modifies certain procedures 
associated with the use of the delegation of General Purpose leasing 
authority provided by GSA in 1996 as part of the leasing program called 
``Can't Beat GSA Leasing,'' and two other longstanding delegations for 
Categorical and agency-specific Special Purpose space as currently 
provided in 41 CFR part 102-73.

2. Expiration

    This bulletin cancels and replaces Federal Management Regulation 
(FMR) Bulletin 2008-B1, Delegations of Lease Acquisition Authority--
Notification, Usage, and Reporting Requirements for General Purpose, 
Categorical, and Special Purpose Space Delegations, which was published 
in the Federal Register on November 19, 2007. It contains information 
of a continuing nature and will remain in effect until canceled.

3. Background

    (a) By letter of September 25, 1996, the GSA Administrator 
delegated authority to the heads of all Federal agencies to perform all 
functions related to the leasing of General Purpose space for a term of 
up to 20 years regardless of geographic location. Lease procurements 
using this delegation must be compatible with the GSA community housing 
plans for new Federal construction or any suitable space that will 
become available in GSA-controlled federally owned or leased space. GSA 
will advise the agency about any limiting factors (e.g., length of 
term), so that the lease will be consistent with any community housing 
plans. The 1996 delegation of authority does not alter the space 
delegation authorities in part 102-73 of the FMR, which pertain to 
``Categorical Space Delegations'' and ``Special Purpose Space 
Delegations.'' None of the GSA delegations provide authorization for 
agencies to conduct procurements on behalf of or to collect rent from 
other agencies or private entities.
    (b) GSA Bulletin FPMR D-239, published in the Federal Register on 
October 16, 1996, announced a new GSA leasing program called ``Can't 
Beat GSA Leasing'' and the delegation of lease acquisition authority 
issued by the Administrator of General Services to the heads of all 
Federal agencies in his letter of September 25, 1996. GSA Bulletin FPMR 
D-239, Supplement 1, published in the Federal Register on December 18, 
1996, issued supporting information for the delegation. GSA Bulletin 
FMR 2005-B1, published in the Federal Register on May 25, 2005, revised 
and re-emphasized certain procedures associated with the delegation of 
General Purpose and Special Purpose leasing authority.
    (c) On August 24, 2007, the Government Accountability Office and 
the GSA Office of Inspector General issued a report recommending that 
GSA provide centralized management and oversight of all lease 
delegation activities to ensure that all federal agencies procuring 
leased space under delegated authority follow the conditions, 
restrictions and reporting requirements specified in the delegation of 
authority. In response to the audit recommendations, GSA centralized 
its management and oversight of all GSA-authorized lease delegations 
and, on November 19, 2007, issued FMR Bulletin 2008-B1, which limited 
General Purpose delegations of lease authority to no more than 19,999 
rentable square feet of space and implemented management controls 
commensurate with the risks at that threshold. In addition, FMR 
Bulletin 2008-B1 established new requirements for agencies requesting 
authorization to use the General Purpose and Special Purpose delegation 
authority and established revised reporting requirements, including the 
submission of documents to GSA at various points in the lease 
acquisition process, and required agencies to have in place an 
organizational structure to support the delegation, ensure compliance 
with all applicable laws, regulations and GSA directives governing the 
lease acquisition and to administer the lease. FMR Bulletin 2008-B1 
also addressed requirements for another longstanding delegation for 
Categorical space, as provided in 41 CFR part 102-73.
    (d) Executive Order No. 13327, ``Federal Real Property Asset 
Management'' (69 FR 5897), dated February 4, 2004, promotes the 
efficient and economical use of Federal real property resources. Among 
other things, the Executive Order requires Federal agencies to 
establish performance measures addressing the cost, value, and 
efficiency of all acquisitions, within the scope of an overall agency 
asset management plan. Agencies using any of the three GSA lease 
delegations ((1) General Purpose, (2) Categorical [41 CFR 102-73.145] 
and
    (3) Special Purpose [41 CFR 102-73.160]) are expected to apply 
these measures to their acquisitions.
    (e) Executive Order No. 13576, ``Delivering Efficient, Effective, 
and Accountable Government,'' dated June 13, 2011, directs agencies to 
identify areas of program overlap and duplication within and across 
agencies, and propose consolidations and reductions to address those 
inefficiencies. All agencies performing lease acquisition tasks within 
a data system under a delegated lease must use the GSA lease 
procurement data system if it is made available to the delegated 
agencies.

4. General Conditions for the Use of All Leasing Delegations

    (a) Relocation of Government employees from GSA-controlled 
federally owned or leased space may not take place unless prior written 
confirmation has been received from the GSA Assistant Commissioner for 
the Office of Leasing, Public Buildings Service, or his or her 
successor or designee, that suitable Government-controlled owned or 
vacant leased space cannot be provided for them. See 41 CFR 102-73.10. 
Federal agencies will not be granted a delegation of leasing authority 
if suitable Government-controlled owned or vacant leased space is 
available.
    (b) The average net annual rent (gross annual rent excluding 
services and utilities) of any lease action executed under a delegation 
must be below the threshold applicable to GSA's submission of a lease 
prospectus to its Congressional oversight committees under 40 U.S.C. 
3307. The prospectus

[[Page 21466]]

threshold may be adjusted annually in accordance with 40 U.S.C. 
3307(h). The current threshold for each fiscal year can be accessed by 
entering GSA's Web site at http://gsa.gov/portal/content/101522.
    (c) The authority to lease granted by a delegation may only be 
exercised by a warranted realty contracting officer fully meeting the 
experience and training requirements of the Contracting Officer Warrant 
Program, as specified in section 501.603 of the General Services 
Administration Acquisition Manual (GSAM) and further revised by GSA 
Acquisition Letter V-06-06, Supplement Number 1, dated September 3, 
2008, and Supplement Number 3, dated May 30, 2013, as these 
requirements may be revised from time to time.
    (d) Agencies using the GSA leasing delegations are responsible for 
compliance with all laws, executive orders, regulations, and Office of 
Management and Budget (OMB) Circulars governing warranted GSA realty 
contracting officers. GSA retains the right to assess, at any time, 
both the integrity of each individual lease action as well as the 
capability of an agency to perform all aspects of the delegated leasing 
activities, and, if necessary, to revoke an agency's delegation in 
whole or in part. Improper use of any delegation may result in 
revocation of the delegation and denial of future delegation requests.
    (e) Federal agencies must acquire and use the space in accordance 
with all applicable laws, executive orders, regulations, and OMB 
Circulars that apply to Federal space acquisition activities. 
Attachment 1 is a non-exhaustive list of laws, regulations, executive 
orders, and OMB Circulars governing the space acquisition process. This 
list may be revised from time to time. As discussed in greater detail 
in OMB Circular A-11, all leases must be scored prior to execution and 
must be budgeted in accordance with OMB's scorekeeping rules.
    (f) Agencies are responsible for maintaining the capacity to 
support all delegated leasing activities, including a warranted realty 
contracting officer, legal review and oversight, construction and 
inspection management, cost estimation, lease management and 
administration, and program oversight. All supporting positions must 
possess the education and experience required for their respective 
fields of expertise as described on the U.S. Office of Personnel 
Management Web site for Professional and Scientific Positions at http://www.opm.gov/qualifications/standards/group-stds/GS-PROF.asp. GSA may 
request copies of professional licenses, certifications and 
designations at any time to verify the organizational structure is 
staffed with qualified personnel to support all leasing functions.
    (g) Prior to submitting a lease delegation application to GSA, the 
requesting agency must conduct an assessment of its needs to establish 
technical requirements and the amount of space necessary to meet 
mission requirements. Additionally, agencies must conduct an analysis 
of current market trends and acquire space at charges consistent with 
prevailing market rates for comparable facilities in the community. 
Accountability for all leasing activities must be coordinated through 
the requesting agency's Senior Real Property Officer and Chief 
Financial Officer.
    (h) As a condition for the use of GSA leasing delegations, agencies 
must make their pre-award and post-award lease files available for 
audit by GSA Office of Inspector General personnel or other GSA 
personnel or authorized agents as determined by the GSA Assistant 
Commissioner, Office of Leasing, or his or her successor or designee. 
An agency's delegation of leasing authority may be suspended until the 
agency has either made its lease files available for inspection or 
responded, to GSA's satisfaction, to all audit report recommendations 
and suggested corrective actions, or both.
    (i) Agencies using the General Purpose delegation must submit a 
lease delegation request through the GSA Delegation Data System no less 
than 18 months in advance of lease expiration if there is a continuing 
need for the space and the agency wishes to obtain a new delegation to 
satisfy its space requirement. GSA will evaluate available vacant space 
and long-term housing plans and notify the agency, in writing, if 
compatible vacant space is available, and, if so, the delegation 
request will be denied.
    (j) Agencies must manage their delegated lease inventory to avoid 
occupancy beyond the approved delegated lease term. A lease in holdover 
is in violation of the lease delegation authority and improper use of 
any delegation may result in revocation of the delegation and denial of 
future delegation requests.
    (k) The GSA Pricing Desk Guide, Backfill Occupancies, section 
2.2.3, applies to an agency moving from a delegated lease to GSA vacant 
space. An agency is responsible for funding its own physical move and 
telecommunication costs at the beginning and end of its occupancy term.
    (l) An agency that does not wish to obtain a new delegation of 
leasing authority must give GSA at least 18 months notice in advance of 
the lease expiration date. The agency notice must include a complete 
Agency Space Requirements package to enable GSA to develop a 
procurement schedule and, if necessary, recommend a lease extension 
term, if an extension of the delegated lease will be necessary to 
afford GSA adequate time to procure a long-term replacement lease. The 
agency with delegated authority will be responsible for extending the 
lease after receiving a new delegation of leasing authority from GSA. 
The delegation of leasing authority for the lease extension must be 
approved by the GSA Assistant Commissioner for the Office of Leasing, 
Public Buildings Service, or his or her successor or designee, prior to 
the execution of any such extension.
    (m) Agencies are not authorized to use the General Purpose 
delegation to enter into leases in excess of 19,999 usable square feet 
of space. In addition, agencies are prohibited from using the General 
Purpose leasing delegation to enter into a Supplemental Lease Agreement 
to expand the amount of space currently under lease, if such an 
expansion will cause the agency to lease a total of more than 19,999 
usable square feet of General Purpose space at the leased premises.

5. Additional Delegation Requirements

    (a) Pre-authorization submittal requirements from requesting agency 
for all General Purpose lease delegations and for Special Purpose lease 
delegation involving 2,500 or more square feet of such special purpose 
space. Prior to instituting any new, succeeding, superseding, 
replacement, extension, or expansion lease action under the General 
Purpose delegation or the Special Purpose delegation involving 2,500 or 
more square feet of such space, the head of the Federal agency, or his 
or her designee, must electronically submit a request to the GSA 
Delegation Data System for authorization to use the General Purpose or 
Special Purpose lease delegation authority. To obtain access to the GSA 
Delegation Data System, the Federal agency must electronically transmit 
a completed GSA Delegation Data System access approval form (available 
from the ``Lease Delegations'' Web page at www.gsa.gov) to 
[email protected]. After obtaining system access, the requesting agency 
must electronically submit the following information to the GSA 
Delegation Data System:

[[Page 21467]]

    1. A detailed narrative, including cost estimates, explaining why 
the granting of the request is in the best interests of the Government 
and how the agency's use of the delegated authority is cost-effective 
for the Government;
    2. The name of the warranted realty contracting officer who will be 
conducting the procurement, along with a copy of the Lease Contracting 
Warrant, a certification of experience and copies of the lease training 
certificates of completion. The Contracting Officer must fully meet the 
experience and training requirements of the Contracting Officer Warrant 
Program, as specified in GSAM section 501.603 and further revised by 
GSA Acquisition Letter V-06-06, Supplement Number 1, dated September 3, 
2008, and Supplement Number 5, dated May 30, 2013 as these requirements 
may be revised from time to time;
    3. An acquisition plan for the procurement in accordance with the 
requirements specified in GSAM subpart 507.1--Acquisition Plans;
    4. Justification for the delineated area in accordance with 
applicable laws and executive orders, including the Rural Development 
Act of 1972, as amended (7 U.S.C. 2204b-1), Executive Order 12072, 
Executive Order 13006, and Executive Order 13514;
    5. A floodplain check in accordance with Executive Order 11988, 
``Floodplain Management;''
    6. An organizational structure and staffing plan to support the 
delegation that identifies trained and experienced warranted 
contracting staff, post-occupancy lease administration staff, real 
estate legal support, and technical staff to ensure compliance with all 
applicable laws, regulations and GSA directives governing lease 
acquisitions and administration of lease contracts;
    7. A plan for meeting or exceeding GSA's performance measure for 
the cost of leased space relative to industry market rates. GSA's 
performance measures can be found on OMB's Web site at http://www.whitehouse.gov/omb/expectmore/detail/10001157.2005.html;
    8. The total amount of required space, any special requirements and 
any associated parking requirements; and
    9. A certification that the proposed space action is consistent 
with the OMB ``Freeze the Footprint'' policy.
    GSA will decide whether the requesting agency's exercise of the 
delegation is in the Government's best interest. Prior to granting the 
agency's request for a leasing delegation, GSA will consider the 
following factors: Compatibility with the GSA community housing plan 
and GSA activities in the specific market, adequacy of the 
organizational structure and staffing proposed for the delegation, 
demonstrated ability of the requesting agency to meet or exceed GSA's 
Public Buildings Service published performance measures for cost of 
leased space, whether the requesting agency has complied with all 
applicable laws, executive orders, regulations, OMB Circulars, and 
reporting requirements under previously authorized delegations, and 
whether the granting of the requested delegation of leasing authority 
is cost-effective for the Government. Failure to demonstrate compliance 
with any of the enumerated factors will be a basis for denying the 
agency's request. No delegation will be granted solely for the purpose 
of accelerated delivery, and no delegation will be granted for space 
acquisitions totaling more than 19,999 usable square feet of General 
Purpose space.
    The requesting agency may exercise the authority for a General 
Purpose or Special Purpose space lease delegation only after the GSA 
Assistant Commissioner for the Office of Leasing, Public Buildings 
Service, or his or her successor, notifies the requesting agency, in 
writing, that suitable GSA-controlled Federally owned or leased space 
is not available to meet the requesting agency's space need and it is 
in the best interest of the Government to authorize the agency to 
conduct the lease procurement. If the agency subsequently decides not 
to exercise the requested authority or its requirements change, the 
agency must promptly notify, in writing, the GSA Assistant Commissioner 
for the Office of Leasing, Public Buildings Service, or his or her 
successor.
    (b) Agencies using the longstanding delegation for Categorical 
Space [41 CFR 102-73.145] and Special Purpose Space [41 CFR 102-73.160] 
must create a record for the delegation in the GSA Delegation Data 
System. The data entered in the GSA Delegation Data System must 
include:
    1. Name and address of the requesting agency;
    2. Lease location physical address, city and state;
    3. The delegated authority applicable to the procurement;
    4. A detailed narrative of the procurement action, including type 
of space and intended use, size of space in usable square feet or 
acreage, lease term, including renewal options, and estimated rental 
rate;
    5. The name of the warranted realty contracting officer conducting 
the procurement; and
    6. The rental rate negotiated in the lease. GSA will perform an 
annual review of Categorical and Special Purpose Space delegations 
reported in the GSA Delegation Data System. GSA will consider the 
following factors in the annual review:
    i. The agency and whether the type of space qualifies as 
Categorical or Special Purpose in accordance with 41 CFR 102-73.145 and 
102-73.160, respectively;
    ii. Whether suitable Government-controlled owned or vacant leased 
space cannot be provided;
    iii. Whether the average net annual rent for the lease action 
executed under the delegation is below the threshold applicable to 
GSA's submission of a lease prospectus to its Congressional oversight 
committees under 40 U.S.C. 3307; and
    iv. Whether, the organizational structure and warranted contracting 
staff are in place to support the procurement.
    (c) Additional post-award submittal requirements from the 
requesting agency for all General Purpose delegations or the Special 
Purpose delegations involving 2500 or more square feet of such special 
purpose space.
    For all such leases, the agency must submit electronically to the 
GSA Delegation Data System, within 30 days after lease award, the 
following documents or evidence of compliance:
    1. The fully executed lease document and all attachments;
    2. The Request for Lease Proposal (RLP) and any modifications 
issued during the procurement;
    3. The RLP ad posted on FEDBIZOPPS or in a local publication;
    4. If a sole source contract over the simplified lease acquisition 
threshold of $150,000 average annual rent, a Justification for Other 
Than Full and Open Competition in accordance with section 6.303 of the 
Federal Acquisition Regulation (FAR);
    5. If a sole source contract under the simplified lease acquisition 
threshold of $150,000 average annual rent, lease file documentation 
explaining the lack of competition may be submitted in lieu of a 
Justification for Other Than Full and Open Competition in accordance 
with GSAM section 570.203-2;
    6. The market survey data identifying properties considered in 
connection with the space need, including historic buildings considered 
in accordance with Executive Order 13006;
    7. Documentation of compliance with the National Environmental 
Policy Act of 1969, as amended (NEPA), in accordance with 40 CFR 1508.9 
and the GSA Public Buildings Service's NEPA Desk Guide, which can be 
found at

[[Page 21468]]

http://www.gsa.gov/portal/content/101194;
    8. Documentation that vending facilities will be provided in 
accordance with the Randolph-Sheppard Act;
    9. The final scoring evaluation in accordance with OMB Circular A-
11 (2012), Criteria and Scoring Ramifications for Operating and Capital 
Leases, as the Circular may be revised from time to time;
    10. The Price Negotiation Memorandum, prepared in accordance with 
GSAM section 570.307 and section 15.406-3 of the FAR;
    11. Documentation that the building is in compliance with all 
applicable fire and life safety requirements (GSA Form 12000 or a 
Certificate of Occupancy);
    12. Documentation that the building is in compliance with the 
seismic requirements of the RLP (seismic certification and 
representation or exemptions);
    13. Documentation of compliance with the floodplain management 
requirements of Executive Order 11988;
    14. Copy of the Post-Award Synopsis posted in FEDBIZOPPS;
    15. The small business subcontracting plan, if required, in 
accordance with section 19.702 of the FAR;
    16. Documentation that the Excluded Parties List (also known as the 
Debarred Bidders List) was checked;
    17. The pre-occupancy final inspection report verifying measurement 
of the demised space as shown on a computer-aided design floorplan, 
correction of deficiencies and punch-list items;
    18. A Funds Availability Statement signed prior to lease award by a 
budget official with the requesting agency; and
    19. Documentation that the negotiated rental rate is within the 
prevailing market rental rate for the class of building leased in the 
delegated action. The documentation may include information from 
organizations such as SIOR, Black's Guide, Torto-Wheaton, or Co-Star. 
If the negotiated rental rate exceeds the market range, provide 
information as to why the market rate was exceeded.
    After review of the post-award documents, GSA may request 
additional information to determine whether the procurement was 
performed in accordance with all applicable laws, executive orders, 
regulations, and OMB Circulars that apply to Federal space acquisition 
activities. To determine whether the delegation was in the Government's 
best interest, GSA will evaluate whether the delegation was cost-
effective for the Government in the acquisition and delivery of the 
space. In evaluating cost-effectiveness, GSA will consider the 
negotiated rental rate in comparison to the prevailing market rental 
rate for a similar class of building and other factors as GSA deems 
appropriate, including overhead costs, personnel costs, support 
contract costs, travel costs, accounting costs, and reporting costs. 
The agency must provide, upon request by GSA, detailed acquisition 
costs.

6. Federal Real Property Profile Reporting Requirements for General 
Purpose, Categorical and Special Purpose Leasing Delegations

    (a) In accordance with Executive Order 13327, Federal agencies are 
required to submit data for assets in their real property inventory to 
the Federal Real Property Profile (FRPP). Agencies are required to 
report data on all leased assets acquired under a delegation from GSA.
    The FRPP data elements that must be submitted for each leased asset 
include, but not limited to:
    1. Agency/Bureau Name;
    2. Size;
    3. Location; and
    4. Type of Space.
    Agencies also will have to indicate whether the leased asset was 
acquired through a General Purpose (Provider of Choice), Categorical or 
Special Purpose space delegation. A complete list of the FRPP data 
elements and definitions can be found in the Federal Real Property 
Council's Guidance for Real Property Inventory Reporting, a copy of 
which can be obtained at http://www.gsa.gov/datadictionary. FRPP data 
concerning GSA lease delegation actions may be provided to the GSA 
Public Buildings Service upon prior approval of the Federal Real 
Property Council.
    (b) GSA also reserves the right to request additional information 
on agencies' delegated lease activities based on the data submitted to 
the FRPP. For each location reported in the FRPP data system as General 
Purpose (Provider of Choice), Special Purpose and Categorical 
delegation, the agency is required to create a record in the GSA 
Delegation Data System. GSA will perform an annual reconciliation of 
data between the FRPP data system and the GSA Delegation Data System. 
Failure of an agency to timely or fully provide this additional 
information may result in GSA's revocation of the delegation to that 
agency.

Attachment 1

    The listing below of laws, regulations, executive orders, and OMB 
Circulars affecting leasing may have applicability thresholds or other 
factors that impact applicability, and agency Contracting Officers must 
determine the individual applicability of each. These laws, executive 
orders, regulations, and OMB Circulars, each as may be amended from 
time to time, include the following:
    1. Anti-Kickback Act of 1986 (41 U.S.C. 8701-8704);
    2. Assignment of Claims Act of 1940 (31 U.S.C. 3727);
    3. Balanced Budget Act of 1997 (2 U.S.C. 900 et seq.);
    4. Competition in Contracting Act of 1984 (41 U.S.C. 3101 et seq.);
    5. Contract Disputes Act of 1978 (41 U.S.C. 7101-7108);
    6. Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. 
3701-3708);
    7. Copeland Act of 1934 (18 U.S.C. 874; 40 U.S.C. 3145(a));
    8. Covenant Against Contingent Fees (41 U.S.C. 3901(a));
    9. Davis-Bacon Act of 1931 (40 U.S.C. 3141-3148);
    10. Drug-Free Workplace Act of 1988 (41 U.S.C. 8101-8106);
    11. Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701-7706);
    12. Energy Independence and Security Act of 2007, Public Law 110-
140, Dec. 19, 2007, 435, 121 Stat. 1615 (42 U.S.C. 17091);
    13. Energy Policy Act of 1992 (42 U.S.C. 8253);
    14. Examination of Records (41 U.S.C. 4706);
    15. Leasing Authority (40 U.S.C. 585(a));
    16. Fire Administration Authorization Act of 1992 (15 U.S.C. 2227);
    17. Intergovernmental Cooperation Act of 1968 (40 U.S.C. 901-905);
    18. National Historic Preservation Act of 1966 (16 U.S.C. 470-470w-
6);
    19. Occupational Safety and Health Act of 1970 (29 U.S.C. 651-678);
    20. Officials Not to Benefit (41 U.S.C. 6306);
    21. Prohibitions on Use of Appropriated Funds to Influence Federal 
Contracting (31 U.S.C. 1352);
    22. Prompt Payment Act (31 U.S.C. 3901-3907);
    23. Prospectus Authority (40 U.S.C. 3307);
    24. Randolph-Sheppard Act (20 U.S.C. 107 et seq.);
    25. Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157);
    26. National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.);
    27. Small Business Act (15 U.S.C. 631 et seq.);
    28. Rural Development Act of 1972, as amended (7 U.S.C. 2204b-1);
    29. Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4651-4655);
    30. Resource Conservation and Recovery Act of 1976 (42 U.S.C. 690);

[[Page 21469]]

    31. Executive Order No. 11375, ``Equal Employment Opportunity'' 
(Oct. 13, 1967, 32 FR 14303);
    32. Executive Order No. 11988, ``Floodplain Management'' (May 24, 
1977, 42 FR 26951);
    33. Executive Order No. 11990, ``Protection of Wetlands'' (May 24, 
1977, 42 FR 26961);
    34. Executive Order No. 12072, ``Federal Space Management'' (Aug. 
16, 1978, 43 FR 36869);
    35. Executive Order No. 12699, ``Seismic Safety of Federal and 
Federally Assisted or Regulated New Building Construction'' (Jan. 5, 
1990, 55 FR 835);
    36. Executive Order No. 13006, ``Locating Federal Facilities on 
Historic Properties in Our Nation's Central Cities'' (May 1, 1996, 61 
FR 26071);
    37. Executive Order No. 13423, ``Strengthening Federal 
Environmental, Energy and Transportation Management'' (January 26, 
2007, 72 FR 3919);
    38. Executive Order No. 13327, ``Federal Real Property Asset 
Management'' (Feb. 4, 2004, 69 FR 5897);
    39. Executive Order No. 13514, ``Federal Leadership in 
Environmental, Energy, and Economic Performance'' (Oct. 5, 2009, 74 FR 
52117);
    40. Executive Order No. 13576, ``Delivering Efficient, Effective, 
and Accountable Government'' (Jun. 13, 2011, 76 FR 35297);
    41. Executive Order No. 12941, ``Seismic Safety of Existing 
Federally Owned or Leased Buildings'' (Dec. 5, 1994, 59 FR 62545);
    42. Comprehensive Procurement Guideline For Products Containing 
Recovered Materials (40 CFR chapter I, part 247);
    43. OMB Circular A-11 (Capital Lease Scoring);
    44. OMB Memorandum M-12-12, ``Promoting Efficient Spending to 
Support Agency Operations'' (May 11, 2012), and OMB Management 
Procedures Memorandum No. 2013-02, ``Implementation of OMB Memorandum 
M-12-12 Section 3: Freeze the Footprint'' (March 14, 2013);
    45. Federal Management Regulation (41 CFR chapter 102);
    46. General Services Administration Acquisition Manual, including 
the General Services Administration Acquisition Regulation (48 CFR 
chapter 5); and
    47. The General Services Administration, Public Buildings Service, 
Leasing Desk Guide.

    By delegation of the Administrator of General Services.

Anne E. Rung,
Associate Administrator.

[FR Doc. 2014-08645 Filed 4-15-14; 8:45 am]
BILLING CODE 6820-23-P