[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Proposed Rules]
[Pages 39994-39996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17210]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-82
[FMR Case 2016-102-3; Docket 2016-0019; Sequence No. 1]
RIN 3090-AJ76
Federal Management Regulation (FMR); Utility Services
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: GSA is proposing to amend the Federal Management Regulation
part regarding utility services. The rule clarifies the authority an
agency must have in order to procure utility services and describes in
detail agencies' responsibilities concerning the procurement of such
services. To better direct agencies that operate under a utility
service delegation from GSA, the rule adds a reference to the section
of the Federal Acquisition Regulation that addresses the acquisition of
utility services and other procurement guidance. Additionally, the rule
clarifies responsibilities for the Department of Defense and the
Department of Energy for compliance.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at one of the addresses shown below on
or before October 15, 2019 to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in response to FMR Case 2016-102-3 by any of
the following methods:
[[Page 39995]]
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal Rulemaking Portal by entering ``FMR Case 2016-
102-3.'' under the heading ``Enter Keyword or ID'' and select
``Search''. Select the link ``Submit a Comment'' that corresponds with
``FMR Case 2016-102-3'' and follow the instructions provided at the
``Comment Now'' screen. Please include your name, company name (if
any), and ``FMR Case 2016-102-3'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Ms. Lois Mandell, 1800 F Street NW,
Washington, DC 20405.
Instructions: Please submit comments only and cite FMR Case 2016-
102-3, in all correspondence related to this case. All comments
received will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Chris Coneeney, Director, Real Property, Office of Government-wide
Policy, at 202-208-2956, or email at [email protected]. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington,
DC 20405, 202-501-4755. Please cite FMR Case 2016-102-3.
SUPPLEMENTARY INFORMATION:
A. Background
This part was last revised and published in the Federal Register on
November 8, 2005 (70 FR 67785). The currently proposed rule includes
the following changes:
Updating the regulation to both clarify the authority an
agency must have and point the reader to the appropriate parts of the
Federal Acquisition Regulation that relate to the acquisition of
utility services;
Clarifying agency, the Department of Defense, and the
Department of Energy responsibilities regarding utility services.
B. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule is a significant regulatory action and was subject to review
under Section 6(b) of E.O. 12866. GSA has determined that this proposed
rule is not a major rule under 5 U.S.C. 804.
C. Executive Order 13771
This proposed rule is not expected to be subject to the
requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because this
proposed rule is expected to be related to agency organization,
management, or personnel.
D. Regulatory Flexibility Act
This proposed 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. This proposed rule is
also exempt from the Regulatory Flexibility Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose any information collection requirements that
require the approval of the Office of Management and Budget under 44
U.S.C. 3501, et seq.
F. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review under 5
U.S.C. 801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-82-Utilities
Federal buildings and facilities, Government property management,
Rates and fares, Utilities.
Jessica Salmoiraghi,
Associate Administrator, Office of Government-wide Policy.
0
For the reasons set forth in the preamble, GSA is proposing to revise
41 CFR part 102-82 to read as follows:
PART 102-82--UTILITY SERVICES
Subpart A--General Provisions
Sec.
102-82.5 What does this part cover?
102-82.10 What are the governing authorities for this part?
102-82.15 Who must comply with these provisions?
102-82.20 To whom do ``we,'' ``you,'' and their variants refer?
102-82.25 How do we request a deviation from the provisions of this
part?
Subpart B--Utility Services
102-82.30 What authority must my agency have in order to procure
utility service(s)?
102-82.35 Can Executive agencies enter into contracts for utility
services?
102-82.40 What are Executive agencies' rate intervention
responsibilities?
Authority: 40 U.S.C. 121(c) and 40 U.S.C. 501.
Subpart A--General Provisions
Sec. 102-82.5 What does this part cover?
This part covers the procurement and management of public utility
services. It does not cover utilities that are provided as part of a
lease. For more information on the procurement of utility services,
refer to Federal Acquisition Regulation (FAR) Part 41, Acquisition of
Utility Services. For more information on the management of Utility
Services, refer to 40 U.S.C. 501.
Sec. 102-82.10 What are the governing authorities for this part?
The authorities for this regulation are:
(a) 40 U.S.C. 121(c);
(b) 40 U.S.C. 501.
Sec. 102-82.15 Who must comply with these provisions?
All Executive agencies procuring, managing or supplying utility
services under Title 40 of the United States Code, including GSA's
Public Buildings Service (PBS), Department of Defense, Department of
Energy, and those agencies operating under, or subject to, the
authorities of the Administrator of General Services must comply with
these provisions. For information on a utility services delegation of
authority, refer to part 102-72.100 of this chapter.
Sec. 102-82.20 To whom do ``we,'' ``you,'' and their variants refer?
Unless otherwise indicated, use of pronouns ``we,'' ``you,'' and
their variants throughout this part refer to an Executive agency. Refer
to part 102-71, General, of this chapter, for the definition of
Executive agency.
Sec. 102-82.25 How do we request a deviation from the provisions of
this part?
Refer to sections 102-2.60 through 102-2.110 of this chapter for
information on how to obtain a deviation from this part.
[[Page 39996]]
Subpart B--Utility Services
Sec. 102-82.30 What authority must my agency have in order to procure
utility service(s)?
If you do not have a delegation of authority issued by GSA to
procure utility services, or independent authority for such
procurements, you cannot procure utility services. The Secretary of
Defense is independently authorized to take such actions without a
delegation from GSA, when the Secretary determines such actions to be
in the best interests of national security. For more information on a
utility services delegation of authority refer to parts 102-72.100 and
102-72.105 of this chapter.
Sec. 102-82.35 Can Executive agencies enter into contracts for
utility services?
Executive agencies, operating under a utility services delegation
from GSA, or the Secretary of Defense, when the Secretary determines it
to be in the best interests of national security, may enter into
contracts for utility services (such as commodities and utility rebate
programs), pursuant to the terms and conditions contained in the
delegation and in accordance with FAR Part 41, Acquisition of Utility
Services. FAR Part 41 requires that agencies provide or procure from
sources of supply that are the most advantageous to the Federal
Government in terms of economy, efficiency, reliability, or quality of
service; while 40 U.S.C. 501(c) requires that agencies provide or
procure such services with due regard to the mission responsibilities
of the agencies concerned. For information on utility services
delegation of authority refer to part 102-72 of this chapter,
Delegation of Authority. For additional information on contracts for
utility services search on the topics Utility or Energy on the
Acquisition Gateway, http://www.gsa.gov.
Sec. 102-82.40 What are Executive agencies' rate intervention
responsibilities?
Unless otherwise authorized by law, absent a delegation from GSA,
Executive agencies must not engage in the types of representation
referenced at 40 U.S.C. 501(c), Services for Executive agencies. The
Secretary of Defense is independently authorized to take such actions
without a delegation from GSA, when the Secretary determines such
actions to be in the best interests of national security. Refer to part
102-71, General, for definitions of Executive agencies and state. For
information on delegation of authority refer to part 102-72, Delegation
of Authority.
[FR Doc. 2019-17210 Filed 8-12-19; 8:45 am]
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