[Federal Register: December 13, 2002 (Volume 67, Number 240)]
[Rules and Regulations]
[Page 76819-76882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de02-12]
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Part III
General Services Administration
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41 CFR Parts 102-71, et al.
Real Property Policies Update; Final Rules
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 102-71, 102-72, 102-73, 102-74, 102-75, 102-76, 102-
78, 102-79, 102-80, 102-81 and 102-83
[FMR Amendment C-1]
RIN 3090-AH45
Real Property Policies Update
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is revising the
Federal Management Regulation (FMR) to complete the transfer of
coverage on real property policies from the Federal Property Management
Regulations (FPMR) to the FMR. In addition to this regulatory action
that amends the FMR, another final rule is being published today in the
Federal Register that amends the FPMR by removing regulatory text and
providing cross-references to the FMR. The FMR coverage is written in
plain language to provide agencies with updated regulatory material
that is easy to read and understand.
DATES: Effective December 13, 2002.
FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real
Property Policy Division, Office of Governmentwide Policy, General
Services Administration, by phone at (202) 501-1737 or by e-mail at
stanley.langfeld@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
As part of GSA's regulatory improvement initiative, GSA published a
final rule that created FMR parts 102-71 through 102-82 (41 CFR parts
102-71 through 102-82), entitled ``Real Property Policies,'' in the
Federal Register on January 18, 2001 (66 FR 5358). FMR parts 102-71
through 102-82 describe the current real property policies applicable
to GSA and Federal agencies to whom GSA real property authority has
been delegated. By amending this regulation, GSA will update the
policies in the FMR and complete the transfer of policy from the FPMR
to the FMR. In addition, this amendment creates a separate part, FMR
part 102-83, to deal specifically with the updated location of space
policy.
Public Law 107-217 was enacted on August 21, 2002, to revise and
codify without substantive change certain laws related to public
buildings, property, and works in Title 40 of the United States Code.
GSA will update the legal citations in FMR parts 102-71 through 102-83
to reflect this new law in a separate regulatory action.
B. Executive Order 12866
The General Services Administration (GSA) has determined that this
final rule is not a significant regulatory action for the purposes of
Executive Order 12866.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act does
not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose reporting, recordkeeping or information collection
requirements which require the approval of the Office of Management and
Budget pursuant to 44 U.S.C. 3501 et seq.
E. Small Business Regulatory Enforcement Fairness Act
This final 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 Parts 102-71, 102-72, 102-73, 102-74,
102-75, 102-76, 102-78, 102-79, 102-80 and 102-83
Administrative practice and procedure, Blind, Concessions, Federal
buildings and facilities, Fire prevention, Government property
management, Homeless, Individuals with disabilities, Location of space,
Occupational safety and health, Parking, Real property acquisition,
Security measures, Surplus Government property, Utilities.
For the reasons set forth in the preamble, GSA amends 41 CFR
chapter 102 as follows:
PART 102-71--GENERAL
1. The authority citation for part 102-71 continues to read as
follows:
Authority: 40 U.S.C. 486(c).
Sec. 102-71.15 [Removed and reserved]
2. Section 102-71.15 is removed and reserved.
3. Section 102-71.20 is revised to read as follows:
Sec. 102-71.20 What definitions apply to GSA's real property
policies?
The following definitions apply to GSA's real property policies:
Act means the Federal Property and Administrative Services Act of
1949, 63 Stat. 377, as amended.
Airport means any area of land or water that is used, or intended
for use, for the landing and takeoff of aircraft, and any appurtenant
areas that are used, or intended for use, for airport buildings or
other airport facilities or rights-of-way, together with all airport
buildings and facilities located thereon.
Alteration means remodeling, improving, extending, or making other
changes to a facility, exclusive of maintenance repairs which are
preventive in nature. The term includes planning, engineering,
architectural work, and other similar actions.
Blanket work authorization means an open-end agreement with an
agency with an agreed upon maximum dollar ceiling where there is an on-
going account for processing small requests for reimbursable services.
The need for the service is clearly recognized, but exactly when the
service must be rendered during the fiscal year is unclear.
Carpool means a group of two or more people regularly using a motor
vehicle for transportation to and from work on a continuing basis.
Commercial activities, within the meaning of subpart D, part 102-74
of this chapter, are activities undertaken for the primary purpose of
producing a profit for the benefit of an individual or organization
organized for profit. (Activities where commercial aspects are
incidental to the primary purpose of expression of ideas or advocacy of
causes are not commercial activities for purposes of this part.)
Crime prevention assessment is a formal, on-site review which
consists of a detailed survey, review, and analysis of an occupant
agency's vulnerability to criminal activity. In addition to the normal
process of a physical security survey, it involves an intensive review
of an occupant's and/or building's operation and administrative
procedures. It is designed to identify specific weaknesses and to
recommend cost-effective, positive steps to Federal managers in dealing
with criminal threats and occurrences.
Cultural activities include, but are not limited to, films,
dramatics dances, and musical presentations, and fine art exhibits,
whether or not these activities are intended to make a profit.
Decontamination means the complete removal or destruction by
flashing of explosive powders; the neutralizing and cleaning-out of
acid and corrosive materials; the removal, destruction, or neutralizing
of toxic, hazardous or infectious substances; and the complete removal
and destruction by burning or detonation of live ammunition from
contaminated areas and buildings.
Designated Official is the highest ranking official of the primary
occupant
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agency of a Federal facility, or, alternatively, a designee selected by
mutual agreement of occupant agency officials.
Disposal agency means the executive agency designated by the
Administrator of General Services to dispose of surplus real or
personal property.
Educational activities mean activities such as (but not limited to)
the operation of schools, libraries, day care centers, laboratories,
and lecture or demonstration facilities.
Emergency includes bombings and bomb threats, civil disturbances,
fires, explosions, electrical failures, loss of water pressure,
chemical and gas leaks, medical emergencies, hurricanes, tornadoes,
floods, and earthquakes. The term does not apply to civil defense
matters such as potential or actual enemy attacks, which are addressed
by the Federal Emergency Management Agency.
Executive means a Government employee with management
responsibilities who, in the judgment of the employing agency head or
his/her designee, requires preferential assignment of parking
privileges.
Executive agency means an executive department specified in section
101 of title 5; a military department specified in section 102 of such
title; an independent establishment as defined in section 104(1) of
such title; and a wholly owned Government corporation fully subject to
the provisions of chapter 91 of title 31.
Federal agency means any executive agency or any establishment in
the legislative or judicial branch of the Government (except the
Senate, the House of Representatives, and the Architect of the Capitol
and any activities under his or her direction).
Federal agency buildings manager means the buildings manager
employed by GSA or a Federal agency that has been delegated real
property management and operation authority from GSA.
Federal Government real property services provider means any
Federal Government entity operating under, or subject to, the
authorities of the Administrator of General Services, that provides
real property services to Federal agencies. This definition also
includes private sector firms under contract with Federal agencies that
deliver real property services to Federal agencies. This definition
excludes any entity operating under, or subject to, authorities other
than those of the Administrator of General Services.
Flame-resistant means meeting performance standards as described by
the National Fire Protection Association (NFPA Standard No. 701).
Fabrics labeled with the Underwriters Laboratories Inc., classification
marking for flammability are deemed to be flame resistant for purposes
of this part.
Foot-candle is the illumination on a surface one square foot in
area on which there is a uniformly distributed flux of one lumen, or
the illuminance produced on a surface all points of which are at a
distance of one foot from a directionally uniform point source of one
candela.
GSA means the General Services Administration, acting by or through
the Administrator of General Services, or a designated official to whom
functions under this part have been delegated by the Administrator of
General Services.
Handicapped employee means an employee who has a severe, permanent
impairment which for all practical purposes precludes the use of public
transportation, or an employee who is unable to operate a car as a
result of permanent impairment who is driven to work by another.
Priority may require certification by an agency medical unit, including
the Department of Veterans Affairs or the Public Health Service.
Highest and best use means the most likely use to which a property
can be put, which will produce the highest monetary return from the
property, promote its maximum value, or serve a public or institutional
purpose. The highest and best use determination must be based on the
property's economic potential, qualitative values (social and
environmental) inherent in the property itself, and other utilization
factors controlling or directly affecting land use (e.g. zoning,
physical characteristics, private and public uses in the vicinity,
neighboring improvements, utility services, access, roads, location,
and environmental and historical considerations). Projected highest and
best use should not be remote, speculative, or conjectural.
Landholding agency means the Federal agency that has accountability
for the property involved. For the purposes of this definition,
accountability means that the Federal agency reports the real property
on its financial statements and inventory records.
Indefinite quantity contract (commonly referred to as term
contract) provides for the furnishing of an indefinite quantity, within
stated limits, of specific property or services during a specified
contract period, with deliveries to be scheduled by the timely
placement of orders with the contractor by activities designated either
specifically or by class.
Industrial property means any real property and related personal
property that has been used or which is suitable to be used for
manufacturing, fabricating, or processing of products; mining
operations; construction or repair of ships and other waterborne
carriers; power transmission facilities; railroad facilities; and
pipeline facilities for transporting petroleum or gas.
Landing area means any land or combination of water and land,
together with improvements thereon and necessary operational equipment
used in connection therewith, which is used for landing, takeoff, and
parking of aircraft. The term includes, but is not limited to, runways,
strips, taxiways, and parking aprons.
Life cycle cost is the total cost of owning, operating, and
maintaining a building over its useful life, including its fuel and
energy costs, determined on the basis of a systematic evaluation and
comparison of alternative building systems; except that in the case of
leased buildings, the life cycle cost shall be calculated over the
effective remaining term of the lease.
Limited combustible means rigid materials or assemblies which have
fire hazard ratings not exceeding 25 for flame spread and 150 for smoke
development when tested in accordance with the American Society for
Testing and Materials, Test E 84, Surface Burning Characteristics of
Building Materials.
Maintenance, for the purposes of part 102-75, entitled ``Real
Property Disposal,'' of this chapter, means the upkeep of property only
to the extent necessary to offset serious deterioration; also such
operation of utilities, including water supply and sewerage systems,
heating, plumbing, and air-conditioning equipment, as may be necessary
for fire protection, the needs of interim tenants, and personnel
employed at the site, and the requirements for preserving certain types
of equipment. For the purposes of part 102-74, entitled ``Facility
Management,'' of this chapter, maintenance means preservation by
inspection, adjustment, lubrication, cleaning, and the making of minor
repairs. Ordinary maintenance means routine recurring work which is
incidental to everyday operations; preventive maintenance means work
programmed at scheduled intervals.
Management means the safeguarding of the Government's interest in
property, in an efficient and economical manner consistent with the
best business practices.
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Nationally recognized standards encompasses any standard or
modification thereof which:
(1) Has been adopted and promulgated by a nationally recognized
standards-producing organization under procedures whereby those
interested and affected by it have reached substantial agreement on its
adoption, or
(2) Was formulated through consultation by appropriate Federal
agencies in a manner which afforded an opportunity for diverse views to
be considered.
No commercial value means real property, including related personal
property, which has no reasonable prospect of producing any disposal
revenues.
Nonprofit organization means an organization identified in 26
U.S.C. 501(c).
Normally furnished commercially means consistent with the level of
services provided by a commercial building operator for space of
comparable quality and housing tenants with comparable requirements.
Service levels are based on the effort required to service space for a
five-day week, one eight-hour shift schedule.
Occupant agency means an organization that is assigned space in a
facility under GSA's custody and control through the formal procedures
outlined in part 101-17 of the Federal Property Management Regulations.
Occupancy Emergency Organization means the emergency response
organization comprised of employees of Federal agencies designated to
perform the requirements established by the Occupant Emergency Plan.
Occupant Emergency Plan means procedures developed to protect life
and property in a specific federally-occupied space under stipulated
emergency conditions.
Occupant Emergency Program means a short-term emergency response
program. It establishes procedures for safeguarding lives and property
during emergencies in particular facilities.
Postal vehicle means a Government-owned vehicle used for the
transportation of mail, or a privately owned vehicle used under
contract with the U.S. Postal Service for the transportation of mail.
Protection means the provisions of adequate measures for prevention
and extinguishment of fires, special inspections to determine and
eliminate fire and other hazards, and necessary guards to protect
property against thievery, vandalism, and unauthorized entry.
Public area means any area of a building under the control and
custody of GSA which is ordinarily open to members of the public,
including lobbies, courtyards, auditoriums, meeting rooms, and other
such areas not assigned to a lessee or occupant agency.
Public body means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any
political subdivision, agency, or instrumentality of the foregoing.
Public building means:
(1) Any building which is suitable for office and/or storage space
for the use of one or more Federal agencies or mixed ownership
corporations, such as Federal office buildings, post offices,
customhouses, courthouses, border inspection facilities, warehouses,
and any such building designated by the President. It also includes
buildings of this sort that are acquired by the Federal Government
under the Administrator's installment-purchase, lease-purchase, and
purchase-contract authorities.
(2) Public building does not include buildings:
(i) On the public domain.
(ii) In foreign countries.
(iii) On Indian and native Eskimo properties held in trust by the
United States.
(iv) On lands used in connection with Federal programs for
agricultural, recreational, and conservation purposes.
(v) On or used in connection with river, harbor, flood control,
reclamation or power projects, or for chemical manufacturing or
development projects, or for nuclear production, research, or
development projects.
(vi) On or used in connection with housing and residential
projects.
(vii) On military installations.
(viii) On Department of Veterans Affairs installations used for
hospital or domiciliary purposes.
(ix) Excluded by the President.
Real property means:
(1) Any interest in land, together with the improvements,
structures, and fixtures located thereon (including prefabricated
movable structures, such as Butler-type storage warehouses and quonset
huts, and housetrailers with or without undercarriages), and
appurtenances thereto, under the control of any Federal agency, except:
(i) The public domain;
(ii) Lands reserved or dedicated for national forest or national
park purposes;
(iii) Minerals in lands or portions of lands withdrawn or reserved
from the public domain which the Secretary of the Interior determines
are suitable for disposition under the public land mining and mineral
leasing laws;
(iv) Lands withdrawn or reserved from the public domain but not
including lands or portions of lands so withdrawn or reserved which the
Secretary of the Interior, with the concurrence of the Administrator of
General Services, determines are not suitable for return to the public
domain for disposition under the general public land laws because such
lands are substantially changed in character by improvements or
otherwise; and
(v) Crops when designated by such agency for disposition by
severance and removal from the land.
(2) Improvements of any kind, structures, and fixtures under the
control of any Federal agency when designated by such agency for
disposition without the underlying land (including such as may be
located on the public domain, on lands withdrawn or reserved from the
public domain, on lands reserved or dedicated for national forest or
national park purposes, or on lands that are not owned by the United
States) excluding, however, prefabricated movable structures, such as
Butler-type storage warehouses and quonset huts, and housetrailers
(with or without undercarriages).
(3) Standing timber and embedded gravel, sand, or stone under the
control of any Federal agency whether designated by such agency for
disposition with the land or by severance and removal from the land,
excluding timber felled, and gravel, sand, or stone excavated by or for
the Government prior to disposition.
Recognized labor organization means a labor organization recognized
under title VII of the Civil Service Reform Act of 1978 (Pub. L. 95-
454) governing labor-management relations.
Recreational activities include, but are not limited to, the
operations of gymnasiums and related facilities.
Regional Officer, within the meaning of part 102-74, subpart D of
this chapter, means the Federal official designated to supervise the
implementation of the Public Buildings Cooperative Use Act's occasional
use provisions. The Federal official may be an employee of GSA or a
Federal agency that has delegated authority from GSA to supervise the
implementation of the Public Buildings Cooperative Use Act's occasional
use provisions.
Related personal property means any personal property:
(1) Which is an integral part of real property or is related to,
designed for, or specially adapted to the functional or productive
capacity of the real property and the removal of which would
significantly diminish the economic value of the real property.
Normally,
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common use items, including but not limited to general-purpose
furniture, utensils, office machines, office supplies, or general-
purpose vehicles, are not considered to be related personal property;
or
(2) Which is determined by the Administrator of General Services to
be related to the real property.
Repairs means those additions or changes that are necessary for the
protection and maintenance of property to deter or prevent excessive or
rapid deterioration or obsolescence, and to restore property damaged by
storm, flood, fire, accident, or earthquake.
Ridesharing means the sharing of the commute to and from work by
two or more people, on a continuing basis, in any mode of
transportation.
Special space alterations are those alterations required by
occupant agencies that are beyond those standard alterations provided
by GSA under the RENT system and are reimbursable from the requesting
agency.
State means the fifty States, political subdivisions thereof, the
District of Columbia, the Commonwealths of Puerto Rico and Guam, and
the territories and possessions of the United States.
Unit price agreement provides for the furnishing of an indefinite
quantity, within stated limits, of specific property or services at a
specified price, during a specified contract period, with deliveries to
be scheduled by the timely placement of orders upon the lessor by
activities designated either specifically or by class.
Unusual hours means work hours that are frequently required to be
varied and do not coincide with any regular work schedule. This
category includes time worked by individuals who regularly or
frequently work significantly more than 8 hours per day. Unusual hours
does not include time worked by shift workers, by those on alternate
work schedules, and by those granted exceptions to the normal work
schedule (e.g., flex-time).
Upon approval from GSA means when an agency either has a delegation
of authority document from the Administrator of General Services or
written approval from the Administrator or his/her designee before
proceeding with a specified action.
Vanpool means a group of at least 8 persons using a passenger van
or a commuter bus designed to carry 10 or more passengers. Such a
vehicle must be used for transportation to and from work in a single
daily round trip.
Zonal allocations means the allocation of parking spaces on the
basis of zones established by GSA in conjunction with occupant
agencies. In metropolitan areas where this method is used, all agencies
located in a designated zone will compete for available parking in
accordance with instructions issued by GSA. In establishing this
procedure, GSA will consult with all affected agencies.
PART 102-72--DELEGATION OF AUTHORITY
4. The authority citation for part 102-72 continues to read as
follows:
Authority: 40 U.S.C. 486(c), (d) and (e).
Sec. 102-72.30 [Amended]
5. In Sec. 102-72.30(a), remove ``Sec. 101-18.104'' and add
``Sec. 102-73.135'' in its place.
Sec. 102-72.60 [Amended]
6. In Sec. 102-72.60, remove ``under Sec. 101-20.106 of this
title'' and add ``as specified in the GSA Customer Guide to Real
Property'' in its place.
Sec. 102-72.85 [Amended]
7. In Sec. 102-72.85, remove the ``part 101-47, subpart 101-47.6,
of this title'' and add ``part 102-75, subpart F of this chapter'' in
its place.
8. Part 102-73 is revised to read as follows:
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
SUBCHAPTER C--REAL PROPERTY
PART 102-73--REAL ESTATE ACQUISITION
Subpart A--General Provisions
Sec.
102-73.5 What is the scope of this part?
102-73.10 What is the basic real estate acquisition policy?
102-73.15 What real estate acquisition and related services must
Federal agencies provide?
United States Postal Service-Controlled Space
102-73.20 Are Federal agencies required to give priority
consideration to space in buildings under the custody and control of
the United States Postal Service in fulfilling Federal agency space
needs?
Locating Federal Facilities
102-73.25 What policies must executive agencies comply with in
locating Federal facilities?
Historic Preservation
102-73.30 What historic preservation provisions must Federal
agencies comply with prior to acquiring, constructing, or leasing
space?
Prospectus Requirements
102-73.35 Is a prospectus required for all acquisition,
construction, or alteration projects?
102-73.40 What happens if the project exceeds the prospectus
threshold?
Subpart B--Acquisition by Lease
102-73.45 When may Federal agencies consider leases of privately
owned land and buildings to satisfy their space needs?
102-73.50 Are Federal agencies that possess independent statutory
authority to acquire leased space subject to requirements of this
part?
102-73.55 On what basis must Federal agencies acquire leases?
102-73.60 With whom may Federal agencies enter into lease
agreements?
102-73.65 Are there any limitations on leasing certain types of
space?
102-73.70 Are executive agencies required to acquire leased space by
negotiation?
102-73.75 What functions must Federal agencies perform with regard
to leasing building space?
102-73.80 Who is authorized to contact lessors, offerors, or
potential offerors concerning space leased or to be leased?
102-73.85 Can agencies with independent statutory authority to lease
space have GSA perform the leasing functions?
102-73.90 What contingent fee policy must Federal agencies apply to
the acquisition of real property by lease?
102-73.95 How are Federal agencies required to assist GSA?
Competition in Contracting Act of 1984
102-73.100 Is the Competition in Contracting Act of 1984 (CICA)
applicable to lease acquisition?
Lease Construction
102-73.105 What rules must executive agencies follow when acquiring
leasehold interests in buildings constructed for Federal Government
use?
Price Preference for Historic Properties
102-73.110 Must Federal agencies offer a price preference to space
in historic properties when acquiring leased space?
102-73.115 How much of a price preference must Federal agencies give
when acquiring leased space using the lowest price technically
acceptable source selection process?
102-73.120 How much of a price preference must Federal agencies give
when acquiring leased space using the best value tradeoff source
selection process?
Leases With Purchase Options
102-73.125 When may Federal agencies consider acquiring leases with
purchase options?
Scoring Rules
102-73.130 What scoring rules must Federal agencies follow when
considering leases and leases with purchase options?
Delegations of Leasing Authority
102-73.135 When may agencies that do not possess independent leasing
authority lease space?
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Categorical Space Delegations
102-73.140 What is a categorical space delegation?
102-73.145 What is the policy for categorical space delegations?
102-73.150 What types of space can Federal agencies acquire with a
categorical space delegation?
Special Purpose Space Delegations
102-73.155 What is an agency special purpose space delegation?
102-73.160 What is the policy for agency special purpose space
delegations?
102-73.165 What types of special purpose space may the Department of
Agriculture lease?
102-73.170 What types of special purpose space may the Department of
Commerce lease?
102-73.175 What types of special purpose space may the Department of
Defense lease?
102-73.180 What types of special purpose space may the Department of
Energy lease?
102-73.185 What types of special purpose space may the Federal
Communications Commission lease?
102-73.190 What types of special purpose space may the Department of
Health and Human Services lease?
102-73.195 What types of special purpose space may the Department of
the Interior lease?
102-73.200 What types of special purpose space may the Department of
Justice lease?
102-73.205 What types of special purpose space may the Office of
Thrift Supervision lease?
102-73.210 What types of special purpose space may the Department of
Transportation lease?
102-73.215 What types of special purpose space may the Department of
Treasury lease?
102-73.220 What types of special purpose space may the Department of
Veterans Affairs lease?
Limitations on the Use of Delegated Authority
102-73.225 When must Federal agencies submit a prospectus to lease
real property?
102-73.230 What is the maximum lease term that a Federal agency may
agree to when it has been delegated lease acquisition authority from
GSA?
102-73.235 What policy must Federal agencies follow to acquire
official parking spaces?
Subpart C--Acquisition by Purchase or Condemnation
Buildings
102-73.240 When may Federal agencies consider purchase of buildings?
102-73.245 Are agencies required to adhere to the policies for
locating Federal facilities when purchasing buildings?
102-73.250 What factors must executive agencies consider when
purchasing sites?
Land
102-73.255 What land acquisition policy must Federal agencies
follow?
102-73.260 What actions must Federal agencies take to facilitate
land acquisition?
Just Compensation
102-73.265 Are Federal agencies required to provide the owner with a
written statement of the amount established as just compensation?
102-73.270 What specific information must be included in the summary
statement for the owner that explains the basis for just
compensation?
102-73.275 Are Federal agencies required to compensate a property
owner for the owner's buildings, structures, or other improvements
that must be removed from the property being acquired?
102-73.280 What are Federal agencies' responsibilities to compensate
a tenant for tenant-owned property when the tenant has the right or
obligation to remove buildings, structures, or other improvements at
the end of the term?
102-73.285 Are there any prohibitions when a Federal agency pays
``just compensation'' to a tenant?
Expenses Incidental to Property Transfer
102-73.290 What property transfer expenses must Federal agencies
cover when acquiring real property?
Litigation Expenses
102-73.295 Are Federal agencies required to pay for litigation
expenses incurred by a property owner because of a condemnation
proceeding?
Relocation Assistance Policy
102-73.300 What relocation assistance policy must Federal agencies
follow?
Authority: 40 U.S.C. 486(c); Sec. 3(c), Reorganization Plan No.
18 of 1950 (40 U.S.C. 490 note); Sec. 1'201(b), E.O. 12072, 43 FR
36869, 3 CFR, 1978 Comp., p. 213.
Subpart A--General Provisions
Sec. 102-73.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the General Services Administration (GSA)/Public
Buildings Service (PBS), operating under, or subject to, the
authorities of the Administrator of General Services.
Sec. 102-73.10 What is the basic real estate acquisition policy?
When seeking to acquire space, Federal agencies should first seek
space in Government-owned and Government-leased buildings. If suitable
Government-controlled space is unavailable, Federal agencies must
acquire real estate and related services in an efficient and cost
effective manner.
Sec. 102-73.15 What real estate acquisition and related services must
Federal agencies provide?
Federal agencies, upon approval from GSA, may provide real estate
acquisition and related services, including leasing (with or without
purchase options), building and/or site purchase, condemnation, and
relocation assistance. For information on the design and construction
of Federal facilities, see part 102-76 of this chapter.
United States Postal Service-Controlled Space
Sec. 102-73.20 Are Federal agencies required to give priority
consideration to space in buildings under the custody and control of
the United States Postal Service in fulfilling Federal agency space
needs?
Yes, after considering the availability of GSA-controlled space and
determining that no such space is available to meet its needs, Federal
agencies must extend priority consideration to available space in
buildings under the custody and control of the United States Postal
Service (USPS) in fulfilling Federal agency space needs, as specified
in the ``Agreement Between General Services Administration and the
United States Postal Service Covering Real and Personal Property
Relationships and Associated Services,'' dated July 1985.
Locating Federal Facilities
Sec. 102-73.25 What policies must executive agencies comply with in
locating Federal facilities?
Executive agencies must comply with the location policies in this
part and part 102-83 of this chapter.
Historic Preservation
Sec. 102-73.30 What historic preservation provisions must Federal
agencies comply with prior to acquiring, constructing, or leasing
space?
Prior to acquiring, constructing, or leasing space, Federal
agencies must comply with the provisions of section 110(a) of the
National Historic Preservation Act of 1966, as amended, (16 U.S.C.
470h-2(a)), regarding the use of historic properties. Federal agencies
can find guidance on protecting, enhancing and preserving historic and
cultural property in part 102-78 of this chapter.
Prospectus Requirements
Sec. 102-73.35 Is a prospectus required for all acquisition,
construction, or alteration projects?
No, a prospectus is not required if the dollar value of a project
does not exceed the prospectus threshold. The Public
[[Page 76825]]
Buildings Act of 1959, as amended, 40 U.S.C. 601-619, establishes a
prospectus threshold, applicable to Federal agencies operating under,
or subject to, the authorities of the Administrator of General
Services, for the construction, alteration, purchase, and acquisition
of any building to be used as a public building, and establishes a
prospectus threshold to lease any space for use for public purposes.
The current prospectus threshold value for each fiscal year can be
found at http://www.gsa.gov.
Sec. 102-73.40 What happens if the project exceeds the prospectus
threshold?
Such projects require approval by the Senate and the House of
Representatives if the dollar value exceeds the prospectus threshold.
In order to obtain this approval, prospectuses for such projects must
be submitted to GSA and the Administrator of General Services will
transmit the proposed prospectuses to Congress for consideration by the
Senate and the House of Representatives.
Subpart B--Acquisition by Lease
Sec. 102-73.45 When may Federal agencies consider leases of privately
owned land and buildings to satisfy their space needs?
Federal agencies may consider leases of privately owned land and
buildings only when needs cannot be met satisfactorily in Government-
controlled space and one or more of the following conditions exist:
(a) Leasing is more advantageous to the Government than
constructing a new building, or more advantageous than altering an
existing Federal building;
(b) New construction or alteration is unwarranted because demand
for space in the community is insufficient, or is indefinite in scope
or duration; or
(c) Federal agencies cannot provide for the completion of a new
building within a reasonable time.
Sec. 102-73.50 Are Federal agencies that possess independent
statutory authority to acquire leased space subject to requirements of
this part?
No, Federal agencies possessing independent statutory authority to
acquire leased space are not subject to GSA authority and, therefore,
are not subject to the requirements of this part.
Sec. 102-73.55 On what basis must Federal agencies acquire leases?
Federal agencies must acquire leases on the most favorable basis to
the Federal Government, with due consideration to maintenance and
operational efficiency, and at charges consistent with prevailing
market rates for comparable facilities in the community.
Sec. 102-73.60 With whom may Federal agencies enter into lease
agreements?
Federal agencies, upon approval from GSA, may enter into lease
agreements with any person, partnership, corporation, or other public
or private entity, provided that such lease agreements do not bind the
Government for periods in excess of twenty years (40 U.S.C. 490(h)(1)).
Federal agencies may not enter into lease agreements with persons who
are barred from contracting with the Federal Government (e.g., Members
of Congress or debarred or suspended contractors).
Sec. 102-73.65 Are there any limitations on leasing certain types of
space?
Yes, the limitations on leasing certain types of space are as
follows:
(a) In general, Federal agencies may not lease any space to
accommodate computer and telecommunications operations; secure or
sensitive activities related to the national defense or security; or a
permanent courtroom, judicial chamber, or administrative office for any
United States court, if the average annual net rental cost of leasing
such space would exceed the prospectus threshold (40 U.S.C. 606(e)).
(b) However, Federal agencies may lease such space if the
Administrator of General Services first determines that leasing such
space is necessary to meet requirements which cannot be met in public
buildings and then submits such determination to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives in
accordance with 40 U.S.C. 606(e).
Sec. 102-73.70 Are executive agencies required to acquire leased
space by negotiation?
Yes, executive agencies must acquire leased space by negotiation,
except where the sealed bid procedure is required by the Competition in
Contracting Act of 1984 (CICA), as amended (41 U.S.C. 253(a)).
Sec. 102-73.75 What functions must Federal agencies perform with
regard to leasing building space?
Federal agencies, upon approval from GSA, must perform all
functions of leasing building space, and land incidental thereto, for
their use except as provided in this subpart.
Sec. 102-73.80 Who is authorized to contact lessors, offerors, or
potential offerors concerning space leased or to be leased?
No one, except the Contracting Officer or his or her designee, may
contact lessors, offerors, or potential offerors concerning space
leased or to be leased for the purpose of making oral or written
representation or commitments or agreements with respect to the terms
of occupancy of particular space, tenant improvements, alterations and
repairs, or payment for overtime services.
Sec. 102-73.85 Can agencies with independent statutory authority to
lease space have GSA perform the leasing functions?
Yes, upon request, GSA may perform, on a reimbursable basis, all
functions of leasing building space, and land incidental thereto, for
Federal agencies possessing independent statutory authority to lease
space. However, GSA reserves the right to accept or reject reimbursable
leasing service requests on a case-by-case basis.
Sec. 102-73.90 What contingent fee policy must Federal agencies apply
to the acquisition of real property by lease?
Federal agencies must apply the contingent fee policies in 48 CFR
3.4 to all negotiated and sealed bid contracts for the acquisition of
real property by lease. Federal agencies must appropriately adapt the
representations and covenants required by that subpart for use in
leases of real property for Government use.
Sec. 102-73.95 How are Federal agencies required to assist GSA?
The heads of Federal agencies must:
(a) Cooperate with and assist the Administrator of General Services
in carrying out his responsibilities respecting office buildings and
space;
(b) Take measures to give GSA early notice of new or changing space
requirements;
(c) Seek to economize their requirements for space; and
(d) Continuously review their needs for space in and near the
District of Columbia, taking into account the feasibility of
decentralizing services or activities which can be carried on elsewhere
without excessive costs or significant loss of efficiency.
Competition in Contracting Act of 1984
Sec. 102-73.100 Is the Competition in Contracting Act of 1984 (CICA)
applicable to lease acquisition?
Yes, executive agencies must obtain full and open competition among
suitable locations meeting minimum Government requirements, except as
otherwise provided by CICA (41 U.S.C. 253).
[[Page 76826]]
Lease Construction
Sec. 102-73.105 What rules must executive agencies follow when
acquiring leasehold interests in buildings constructed for Federal
Government use?
When acquiring leasehold interests in buildings to be constructed
for Federal Government use, executive agencies must:
(a) Establish detailed building specifications before agreeing to a
contract that will result in the construction of a building;
(b) Use competitive procedures;
(c) Inspect every building during construction to ensure that the
building complies with the Government's specifications;
(d) Evaluate every building after completion of construction to
determine that the building complies with the Government's
specifications; and
(e) Ensure that any contract that will result in the construction
of a building contains provisions permitting the Government to reduce
the rent during any period when the building does not comply with the
Government's specifications.
Price Preference for Historic Properties
Sec. 102-73.110 Must Federal agencies offer a price preference to
space in historic properties when acquiring leased space?
Yes, Federal agencies must give a price preference to space in
historic properties when acquiring leased space using either the lowest
price technically acceptable or the best value tradeoff source
selection processes.
Sec. 102-73.115 How much of a price preference must Federal agencies
give when acquiring leased space using the lowest price technically
acceptable source selection process?
Federal agencies must give a price evaluation preference to space
in historic properties as follows:
(a) First to suitable historic properties within historic
districts, a 10 percent price preference.
(b) 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.
(c) 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.
(d) Finally, if no suitable historic property outside of historic
districts is offered, no historic price preference will be given to any
property offered.
Sec. 102-73.120 How much of a price preference must Federal agencies
give when acquiring leased space using the best value tradeoff source
selection process?
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 to
historic properties as follows:
(a) First to suitable historic properties within historic
districts, a 10 percent price preference.
(b) If no suitable historic property within an 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.
(c) 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.
(d) Finally, if no suitable historic property outside of historic
districts is offered, no historic price preference will be given to any
property offered.
Leases With Purchase Options
Sec. 102-73.125 When may Federal agencies consider acquiring leases
with purchase options?
Agencies may consider leasing with a purchase option at or below
fair market value, consistent with the lease-purchase scoring rules,
when one or more of the following conditions exist:
(a) The purchase option offers economic and other advantages to the
Government and is consistent with the Government's goals;
(b) The Government is the sole or major tenant of the building, and
has a long-term need for the property; or
(c) Leasing with a purchase option is otherwise in the best
interest of the Government.
Scoring Rules
Sec. 102-73.130 What scoring rules must Federal agencies follow when
considering leases and leases with purchase options?
All Federal agencies must follow the budget scorekeeping rules for
leases, capital leases, and lease-purchases identified in appendices A
and B of OMB Circular A-11. (For availability, see 5 CFR 1310.3.)
Delegations of Leasing Authority
Sec. 102-73.135 When may agencies that do not possess independent
leasing authority lease space?
Federal agencies may perform for themselves all functions necessary
to acquire leased space in buildings and land incidental thereto when:
(a) The authority may be delegated (see Sec. 102-72.30(b) on the
different types of delegations related to real estate leasing);
(b) The space may be leased for no rental, or for a nominal
consideration of $1 per annum, and is limited to terms not to exceed 1
year;
(c) Authority has been requested by an executive agency and a
specific delegation has been granted by the Administrator of General
Services;
(d) A categorical delegation has been granted by the Administrator
of General Services for space to accommodate particular types of agency
activities, such as military recruiting offices or space for certain
county level agricultural activities. A listing of categorical
delegations is found at Sec. 102-73.150; or
(e) The required space is found by the Administrator of General
Services to be wholly or predominantly utilized for the special
purposes of the agency to occupy such space and is not generally
suitable for use by other agencies. Federal agencies must obtain prior
approval from the GSA regional office having jurisdiction for the
proposed leasing action, before initiating a leasing action involving
2,500 or more square feet of such special purpose space. GSA's approval
must be based upon a finding that there is no vacant Government-owned
or leased space available that will meet the agency's requirements.
Agency special purpose space delegations can be found in Sec. Sec.
102-73.165 through 102-73.220.
Categorical Space Delegations
Sec. 102-73.140 What is a categorical space delegation?
A categorical space delegation is a standing delegation of
authority from the Administrator of General Services to a Federal
agency to acquire a type of space identified in Sec. 102-73.150
subject to limitations in this part.
Sec. 102-73.145 What is the policy for categorical space delegations?
Subject to the limitations cited in Sec. Sec. 102-73.225 through
102-73.235, all Federal agencies are authorized to acquire the types of
space listed in Sec. 102-73.150 and, except where otherwise noted, may
lease space for
[[Page 76827]]
terms, including all options, of up to 20 years.
Sec. 102-73.150 What types of space can Federal agencies acquire with
a categorical space delegation?
Federal agencies can use categorical space delegations to acquire:
(a) Space to house antennas, repeaters, or transmission equipment;
(b) Depots, including, but not limited to, stockpiling depots and
torpedo net depots;
(c) Docks, piers, and mooring facilities (including closed storage
space required in combination with such facilities);
(d) Fumigation areas;
(e) Garage space (may be leased only on a fiscal year basis);
(f) Greenhouses;
(g) Hangars and other airport operating facilities including, but
not limited to, flight preparation space, aircraft storage areas, and
repair shops;
(h) Hospitals, including medical clinics;
(i) Housing (temporary), including hotels (does not include
quarters obtained pursuant to temporary duty travel or employee
relocation);
(j) Laundries;
(k) Quarantine facilities for plants, birds, and other animals;
(l) Ranger stations; i.e., facilities which typically include small
offices staffed by one or more uniformed employees, and may include
sleeping/family quarters, parking areas, garages, and storage space.
Office space within ranger stations is minimal and does not comprise a
majority of the space. (May also be referred to as guard stations,
information centers, or kiosks);
(m) Recruiting space for the armed forces (lease terms, including
all options, limited to 5 years);
(n) Schools directly related to the special purpose function(s) of
an agency;
(o) Specialized storage/depot facilities, such as cold storage;
self-storage units; and lumber, oil, gasoline, shipbuilding materials,
and pesticide materials/equipment storage (general purpose warehouse
type storage facilities not included); and
(p) Space for short-term use (such as conferences and meetings,
judicial proceedings, and emergency situations).
Special Purpose Space Delegations
Sec. 102-73.155 What is an agency special purpose space delegation?
An agency special purpose space delegation is a standing delegation
of authority from the Administrator of General Services to specific
Federal agencies to lease their own special purpose space (identified
in Sec. Sec. 102-73.165 through 102-73.220), subject to limitations in
this part.
Sec. 102-73.160 What is the policy for agency special purpose space
delegations?
Subject to the limitations on annual rental amounts, lease terms,
and leases on parking spaces cited in Sec. Sec. 102-73.225 through
102-73.235, the agencies listed below are authorized to acquire special
purpose space associated with that agency and, except where otherwise
noted, may lease such space for terms, including all options, of up to
20 years. The agencies and types of space subject to special purpose
space delegations are specified in Sec. Sec. 102-73.165 through 102-
73.220.
Sec. 102-73.165 What types of special purpose space may the
Department of Agriculture lease?
The Department of Agriculture is delegated the authority to lease
the following types of space:
(a) Cotton classing laboratories (lease terms, including all
options, limited to 5 years);
(b) Land (if unimproved, may be leased only on a fiscal year
basis);
(c) Miscellaneous storage by cubic foot or weight basis;
(d) Office space when required to be located in or adjacent to
stockyards, produce markets, produce terminals, airports, and other
ports (lease terms, including all options, limited to 5 years);
(e) Space for agricultural commodities stored in licensed
warehouses and utilized under warehouse contracts; and
(f) Space utilized in cooperation with State and local governments
or their instrumentalities (extension services) where the cooperating
State or local government occupies a portion of the space and pays a
portion of the rent.
Sec. 102-73.170 What types of special purpose space may the
Department of Commerce lease?
The Department of Commerce is delegated authority to lease the
following types of space:
(a) Space required by the Census Bureau in connection with
conducting the decennial census (lease terms, including all options,
limited to 5 years);
(b) Laboratories for testing materials, classified or ordnance
devices, calibration of instruments, and atmospheric and oceanic
research (lease terms, including all options, limited to 5 years);
(c) Maritime training stations;
(d) Radio stations;
(e) Land (if unimproved, may be leased only on a fiscal year
basis); and
(f) National Weather Service meteorological facilities.
Sec. 102-73.175 What types of special purpose space may the
Department of Defense lease?
The Department of Defense is delegated authority to lease the
following types of space:
(a) Air Force--Civil Air Patrol Liaison Offices and land incidental
thereto when required for use incidental to, in conjunction with, and
in close proximity to airports, including aircraft and warning stations
(if unimproved, land may be leased only on a fiscal year basis; for
space, lease terms, including all options, limited to 5 years);
(b) Armories;
(c) Film library in the vicinity of Washington, DC;
(d) Mess halls;
(e) Ports of embarkation and debarkation;
(f) Post exchanges;
(g) Postal Concentration Center, Long Island City, NY;
(h) Recreation centers;
(i) Reserve training space;
(j) Service clubs; and
(k) Testing laboratories (lease terms, including all options,
limited to 5 years).
Sec. 102-73.180 What types of special purpose space may the
Department of Energy lease?
The Department of Energy is delegated authority to lease facilities
housing the special purpose or special location activities of the old
Atomic Energy Commission.
Sec. 102-73.185 What types of special purpose space may the Federal
Communications Commission lease?
The Federal Communications Commission is delegated authority to
lease monitoring station sites.
Sec. 102-73.190 What types of special purpose space may the
Department of Health and Human Services lease?
The Department of Health and Human Services is delegated authority
to lease laboratories (lease terms, including all options, limited to 5
years).
Sec. 102-73.195 What types of special purpose space may the
Department of the Interior lease?
The Department of the Interior is delegated authority to lease the
following types of space:
(a) Space in buildings and land incidental thereto used by field
crews of the Bureau of Reclamation, Bureau of Land Management, and the
Geological Survey in areas where no other Government agencies are
quartered (unimproved land may be leased only on a fiscal year basis);
and
(b) National Parks/Monuments Visitors Centers consisting primarily
of
[[Page 76828]]
special purpose space (e.g., visitor reception, information, and rest
room facilities) and not general office or administrative space.
Sec. 102-73.200 What types of special purpose space may the
Department of Justice lease?
The Department of the Justice is delegated authority to lease the
following types of space:
(a) U.S. marshals office in any Alaska location (lease terms,
including all options, limited to 5 years);
(b) Border Patrol Offices similar in character and utilization to
police stations, involving the handling of prisoners, firearms, and
motor vehicles, regardless of location (lease terms, including all
options limited to 5 years);
(c) Space used for storage and maintenance of surveillance vehicles
and seized property (lease terms, including all options, limited to 5
years);
(d) Space used for review and custody of records and other
evidentiary materials (lease terms, including all options, limited to 5
years); and
(e) Space used for trial preparation where space is not available
in Federal buildings, Federal courthouses, USPS facilities, or GSA-
leased buildings (lease terms limited to not more than 1 year.)
Sec. 102-73.205 What types of special purpose space may the Office of
Thrift Supervision lease?
The Office of Thrift Supervision is delegated authority to lease
space for field offices of Examining Divisions required to be located
within Office of Thrift Supervision buildings or immediately adjoining
or adjacent to such buildings (lease terms, including all options,
limited to 5 years).
Sec. 102-73.210 What types of special purpose space may the
Department of Transportation lease?
The Department of Transportation is delegated authority to lease
the following types of space (or real property):
(a) Land for the Federal Aviation Administration (FAA) at airports
(unimproved land may be leased only on a fiscal year basis);
(b) General purpose office space not exceeding 10,000 square feet
for the FAA at airports in buildings under the jurisdiction of public
or private airport authorities (lease terms, including all options,
limited to 5 years);
(c) Space for the U.S. Coast Guard oceanic unit, Woods Hole, MA;
and
(d) Space for the U.S. Coast Guard port security activities.
Sec. 102-73.215 What types of special purpose space may the
Department of Treasury lease?
The Department of Treasury is delegated authority to lease the
following types of space:
(a) Space and land incidental thereto for the use of the
Comptroller of the Currency, as well as the operation, maintenance and
custody thereof (if unimproved, land may be leased only on a fiscal
year basis; lease term for space, including all options, limited to 5
years); and
(b) Aerostat radar facilities necessary for U.S. Custom Service
mission activities.
Sec. 102-73.220 What types of special purpose space may the
Department of Veterans Affairs lease?
The Department of Veterans Affairs is delegated authority to lease
the following types of space:
(a) Guidance and training centers located at schools and colleges;
and
(b) Space used for veterans hospitals, including outpatient and
medical-related clinics, such as drug, mental health, and alcohol.
Limitations on the Use of Delegated Authority
Sec. 102-73.225 When must Federal agencies submit a prospectus to
lease real property?
In accordance with section 7(a) of the Public Buildings Act of
1959, as amended (40 U.S.C. 606), Federal agencies must submit a
prospectus to the Administrator of General Services for leases
involving a net annual rental, excluding services and utilities, in
excess of the prospectus threshold provided in 40 U.S.C. 606. Agencies
must be aware that prospectus thresholds are indexed and change each
year.
Sec. 102-73.230 What is the maximum lease term that a Federal agency
may agree to when it has been delegated lease acquisition authority
from GSA?
Pursuant to GSA's long-term authority contained in section
210(h)(1) of the Federal Property and Administrative Services Act of
1949, as amended, (40 U.S.C. 490(h)(1)), agencies delegated the
authorities outlined herein may enter into leases for the term
specified in the delegation. In those cases where agency special
purposes space delegations include the authority to acquire unimproved
land, the land may be leased only on a fiscal year basis.
Sec. 102-73.235 What policy must Federal agencies follow to acquire
official parking spaces?
Federal agencies that need parking must utilize available
Government-owned or leased facilities. Federal agencies must make
inquiries regarding availability of such Government-controlled space to
GSA regional offices and document such inquiries. If no suitable
Government-controlled facilities are available, an agency may use its
own procurement authority to acquire parking by service contract.
Subpart C--Acquisition by Purchase or Condemnation
Buildings
Sec. 102-73.240 When may Federal agencies consider purchase of
buildings?
Agencies may consider purchase of buildings on a case-by-case basis
when one or more of the following conditions exist:
(a) It is economically more beneficial to own and manage the
property;
(b) There is a long-term need for the property;
(c) The property is an existing building, or a building nearing
completion, that can be purchased and occupied within a reasonable
time; or
(d) When otherwise in the best interests of the Government.
Sec. 102-73.245 Are agencies required to adhere to the policies for
locating Federal facilities when purchasing buildings?
Yes, when purchasing buildings, agencies must comply with the
location policies in this part and part 102-83 of this chapter.
Sec. 102-73.250 What factors must executive agencies consider when
purchasing sites?
Agencies must locate proposed Federal buildings on sites that are
most advantageous to the United States. Executive agencies must
consider factors such as whether the site will contribute to economy
and efficiency in the construction, maintenance, and operation of the
individual building, and how the proposed site relates to the
Government's total space needs in the community. Prior to acquiring,
constructing, or leasing buildings (or sites for such buildings),
Federal agencies must use, to the maximum extent feasible, historic
properties available to the agency. In site selections, executive
agencies must consider Executive Orders 12072 (3 CFR, 1978 Comp., p.
213) and 13006 (40 U.S.C. 601a note). In addition, executive agencies
must consider all of the following:
(a) Maximum utilization of Government-owned land (including excess
land) whenever it is adequate, economically adaptable to requirements
and properly located, where such use is consistent with the provisions
of part 102-75, subpart B, of this chapter.
[[Page 76829]]
(b) A site adjacent to or in the proximity of an existing Federal
building which is well located and is to be retained for long-term
occupancy.
(c) The environmental condition of proposed sites prior to
purchase. The sites must be free from contamination, unless it is
otherwise determined to be in the best interests of the Government to
purchase a contaminated site (e.g., reuse of a site under an
established ``Brownfields'' program).
(d) Purchase options to secure the future availability of a site.
(e) All applicable location policies in this part and part 102-83
of this chapter.
Land
Sec. 102-73.255 What land acquisition policy must Federal agencies
follow?
Federal agencies must follow the land acquisition policy in the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act, 42 U.S.C. 4651-4655, that:
(a) Encourages and expedites the acquisition of real property by
agreements with owners;
(b) Avoids litigation, including condemnation actions, where
possible and relieves congestion in the courts;
(c) Provides for consistent treatment of owners; and
(d) Promotes public confidence in Federal land acquisition
practices.
Sec. 102-73.260 What actions must Federal agencies take to facilitate
land acquisition?
To facilitate land acquisition, Federal agencies must:
(a) Obtain one appraisal on each parcel, tract, or other real
property;
(b) Pay a property owner (or occupant) or deposit payment in the
registry of the court before requiring the owner to surrender the
property;
(c) Provide property owners (and occupants) at least 90-days notice
of displacement before requiring anyone to move. If a Federal agency
permits the owner to keep possession for a short time after acquiring
the owner's property, Federal agencies must not charge rent in excess
of the property's fair rental value to a short-term occupier;
(d) Try to negotiate with owners on the price;
(e) Appraise the real property before starting negotiations and
give the owner (or the owner's representative) the opportunity to
accompany the appraiser during the inspection; and
(f) Establish an amount estimated to be the just compensation
before starting negotiations and promptly offer to acquire the property
for this full amount.
Just Compensation
Sec. 102-73.265 Are Federal agencies required to provide the owner
with a written statement of the amount established as just
compensation?
Yes, Federal agencies must provide the owner with a written
statement of this amount and summarize the basis for it. When it's
appropriate, Federal agencies must separately state the just
compensation for the property to be acquired and damages to the
remaining real property.
Sec. 102-73.270 What specific information must be included in the
summary statement for the owner that explains the basis for just
compensation?
The summary statement must:
(a) Identify the real property and the estate or interest the
Federal agency is acquiring;
(b) Identify the buildings, structures, and other improvements the
Federal agency considers part of the real property for which just
compensation is being offered;
(c) State that the Federal agency based the estimate of just
compensation on the Government's estimate of the property's fair market
value. If only part of a property or less than a full interest is being
acquired, Federal agencies must explain how they determined the just
compensation for it; and
(d) State that the Government's estimate of just compensation is at
least as much as the property's approved appraisal value.
Sec. 102-73.275 Are Federal agencies required to compensate a
property owner for the owner's buildings, structures, or other
improvements that must be removed from the property being acquired?
Yes, Federal agencies must acquire at least an equal interest in
all buildings, structures, or other improvements on the real property
they are acquiring, including those that the Government require to be
removed or those that will interfere with the proposed use of the
property.
Sec. 102-73.280 What are Federal agencies' responsibilities to
compensate a tenant for tenant-owned property when the tenant has the
right or obligation to remove buildings, structures, or other
improvements at the end of the term?
If a tenant has the right or obligation to remove these buildings,
structures, or other improvements at the end of his term, Federal
agencies must determine the total just compensation for the property
and pay the tenant the greater of two values:
(a) The fair market value of buildings, structures, or other
improvements the tenant must remove.
(b) The contributive fair market value of the tenant's improvements
to the entire property's fair market value. This value will be at least
as much as the value of items the tenant must remove.
Sec. 102-73.285 Are there any prohibitions when a Federal agency pays
``just compensation'' to a tenant?
Yes, Federal agencies must not:
(a) Duplicate any payment to the tenant otherwise authorized by
law; and
(b) Pay a tenant unless the landowner disclaims all interests in
the tenant's improvements. In consideration for any such payment, the
tenant must assign, transfer, and release to the Federal agency all of
its right, title, and interest in the improvements. The tenant may
reject such payment under this subpart and obtain payment for its
property interests according to other sections of applicable law.
Expenses Incidental to Property Transfer
Sec. 102-73.290 What property transfer expenses must Federal agencies
cover when acquiring real property?
Federal agencies must:
(a) Reimburse property owners for all reasonable expenses actually
incurred for recording fees, transfer taxes, documentary stamps,
evidence of title, boundary surveys, legal descriptions of the real
property, and similar expenses needed to convey the property to the
Federal Government;
(b) Reimburse property owners for all reasonable expenses actually
incurred for penalty costs and other charges to prepay any existing,
recorded mortgage that a property owner entered into in good faith and
that encumbers the real property;
(c) Reimburse property owners for all reasonable expenses actually
incurred for the prorated part of any prepaid real property taxes that
cover the period after the Federal Government gets title to the
property or effective possession of it, whichever is earlier; and
(d) Whenever possible, directly pay the costs identified in this
section, so property owners will not have to pay them and then seek
reimbursement from the Government.
Litigation Expenses
Sec. 102-73.295 Are Federal agencies required to pay for litigation
expenses incurred by a property owner because of a condemnation
proceeding?
Federal agencies must pay reasonable expenses for attorneys,
appraisals, and engineering fees that a property owner incurs because
of a condemnation proceeding, if any of the following are true:
[[Page 76830]]
(a) The court's final judgment is that the Federal agency cannot
acquire the real property by condemnation.
(b) The Federal agency abandons the condemnation proceeding other
than under an agreed-on settlement.
(c) The court renders a judgment in the property owner's favor in
an inverse condemnation proceeding or the Federal agency agrees to
settle such proceeding.
Relocation Assistance Policy
Sec. 102-73.300 What relocation assistance policy must Federal
agencies follow?
Federal agencies, upon approval from GSA, must provide appropriate
relocation assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act (42 U.S.C. 4651-4655) to eligible
owners and tenants of property purchased for use by Federal agencies in
accordance with the implementing regulations found in 49 CFR part 24 .
Appropriate relocation assistance means that the Federal agency must
pay the displaced person for actual:
(a) Reasonable moving expenses (in moving himself, his family, and
business);
(b) Direct losses of tangible personal property as a result of
moving or discontinuing a business;
(c) Reasonable expenses in searching for a replacement business or
farm; and
(d) Reasonable expenses necessary to reestablish a displaced farm,
nonprofit organization, or small business at its new site, but not to
exceed $10,000.
9. Part 102-74 is revised to read as follows:
PART 102-74--FACILITY MANAGEMENT
Subpart A--General Provisions
Sec.
102-74.5 What is the scope of this part?
102-74.10 What is the basic facility management policy?
Subpart B--Facility Management
102-74.15 What are the facility management responsibilities of
occupant agencies?
Occupancy Services
102-74.20 What are occupancy services?
102-74.25 What responsibilities do executive agencies have regarding
occupancy services?
102-74.30 What standard in providing occupancy services must
executive agencies follow?
102-74.35 What building services must executive agencies provide?
Concession Services
102-74.40 What are concession services?
102-74.45 When must Federal agencies provide concession services?
102-74.50 May Federal agencies sell tobacco products in vending
machines in Government-owned and leased space?
102-74.55 Are commercial vendors and nonprofit organizations
required to operate vending facilities by permit or contractual
arrangement?
102-74.60 Are Federal agencies required to give blind vendors
priority in operating vending facilities?
102-74.65 Are Randolph-Sheppard Act vendors required to operate
vending facilities by permit or contractual agreement?
102-74.70 What information must be in a permit for a vending
facility?
102-74.75 What responsibilities do State licensing agencies have in
implementing the vending facility program for blind persons?
102-74.80 Who has the initial responsibility for resolving vendor
performance issues?
102-74.85 What action must Federal agencies take if the State
licensing agency is unable to informally resolve vendor performance
issues?
102-74.90 What information must Federal agencies report to the
Secretary of Education concerning the vending facility program for
blind persons?
102-74.95 Are Randolph-Sheppard Act vendors operating cafeterias
required to meet the same contract performance requirements as
commercial or nonprofit cafeteria operators?
Conservation Programs
102-74.100 What are conservation programs?
Asset Services
102-74.105 What are asset services?
102-74.110 What asset services must executive agencies provide?
102-74.115 What standard in providing asset services must executive
agencies follow?
102-74.120 Is a prospectus required to be submitted before emergency
alterations can be performed?
102-74.125 Are prospectuses required for reimbursable alteration
projects?
102-74.130 When a prospectus is required, can GSA prepare a
prospectus for a reimbursable alteration project?
102-74.135 Who selects construction and alteration projects that are
to be performed?
102-74.140 On what basis does the Administrator select construction
and alteration projects?
102-74.145 What information must a Federal agency submit to GSA
after the agency has identified a need for construction or
alteration of a public building?
102-74.150 Who submits prospectuses for the construction or
alteration of public buildings to the congressional committees?
Energy Conservation
102-74.155 What energy conservation policy must Federal agencies
follow in the management of facilities?
102-74.160 What actions must Federal agencies take to promote energy
conservation?
102-74.165 What energy standards must Federal agencies follow for
existing facilities?
102-74.170 May exceptions to the energy conservation policies in
this subpart be granted?
102-74.175 Are Government-leased buildings required to conform with
the policies in this subpart?
102-74.180 What illumination levels must Federal agencies maintain
on Federal facilities?
102-74.185 What heating and cooling policy must Federal agencies
follow in Federal facilities?
102-74.190 Are portable heaters, fans, and other such devices
allowed in Government-controlled facilities?
102-74.195 What ventilation policy must Federal agencies follow?
102-74.200 What information are Federal agencies required to report
to the Department of Energy (DOE)?
Ridesharing
102-74.205 What Federal facility ridesharing policy must executive
agencies follow?
102-74.210 What steps must executive agencies take to promote
ridesharing at Federal facilities?
102-74.215 What specific ridesharing information must executive
agencies report to the Administrator of General Services?
102-74.220 Where should executive agencies send their Federal
Facility Ridesharing Reports?
102-74.225 Are there any exceptions to these ridesharing reporting
requirements?
Occupant Emergency Program
102-74.230 Who is responsible for establishing an occupant emergency
program?
102-74.235 Are occupant agencies required to cooperate with the
Designated Official in the implementation of the emergency plans and
the staffing of the emergency organization?
102-74.240 What are Federal agencies' occupant emergency
responsibilities?
102-74.245 Who makes the decision to activate the Occupant Emergency
Organization?
102-74.250 What information must the Designated Official use to make
a decision to activate the Occupant Emergency Organization?
102-74.255 How must occupant evacuation or relocation be
accomplished when there is immediate danger to persons or property,
such as fire, explosion, or the discovery of an explosive device
(not including a bomb threat)?
102-74.260 What action must the Designated Official initiate when
there is advance notice of an emergency?
Parking Facilities
102-74.265 Who must provide for the regulation and policing of
parking facilities?
[[Page 76831]]
102-74.270 Are vehicles required to display parking permits in
parking facilities?
102-74.275 May Federal agencies authorize lessors or parking
management contractors to manage, regulate, and police parking
facilities?
102-74.280 Are privately owned vehicles converted for propane
carburetion permitted in underground parking facilities?
102-74.285 How must Federal agencies assign priority to parking
spaces in controlled areas?
102-74.290 May Federal agencies allow employees to use parking
spaces not required for official needs?
102-74.295 Who determines the number of employee parking spaces for
each facility?
102-74.300 How must space available for employee parking be
allocated among occupant agencies?
102-74.305 How must Federal agencies assign available parking spaces
to their employees?
102-74.310 What measures must Federal agencies take to improve the
utilization of parking facilities?
Smoking
102-74.315 What is the smoking policy for Federal facilities?
102-74.320 Are there any exceptions to this smoking policy for
Federal facilities?
102-74.325 Who has the responsibility to determine which areas are
to be smoking and which areas are to be nonsmoking areas?
102-74.330 Who must evaluate the need to restrict smoking at
doorways and in courtyards?
102-74.335 Who is responsible for monitoring and controlling areas
designated for smoking and for ensuring that these areas are
identified by proper signs?
102-74.340 Who is responsible for signs on or near building entrance
doors?
102-74.345 Does the smoking policy in this part apply to the
judicial branch?
102-74.350 Are agencies required to meet their obligations under the
Federal Service Labor-Management Relations Act where there is an
exclusive representative for the employees prior to implementing
this smoking policy?
Accident and Fire Prevention
102-74.355 With what accident and fire prevention standards must
Federal facilities comply?
102-74.360 What are the specific accident and fire prevention
responsibilities of occupant agencies?
Subpart C--Conduct on Federal Property
Applicability
102-74.365 To whom does this subpart apply?
Inspection
102-74.370 What items are subject to inspection by Federal agencies?
Admission to Property
102-74.375 What is the policy on admitting persons to Government
property?
Preservation of Property
102-74.380 What is the policy concerning the preservation of
property?
Conformity With Signs and Directions
102-74.385 What is the policy concerning conformity with official
signs and directions?
Disturbances
102-74.390 What is the policy concerning disturbances?
Gambling
102-74.395 What is the policy concerning gambling?
Narcotics and Other Drugs
102-74.400 What is the policy concerning the possession and use of
narcotics and other drugs?
Alcoholic Beverages
102-74.405 What is the policy concerning the use of alcoholic
beverages?
Soliciting, Vending and Debt Collection
102-74.410 What is the policy concerning soliciting, vending and
debt collection?
Posting and Distributing Materials
102-74.415 What is the policy for posting and distributing
materials?
Photographs for News, Advertising or Commercial Purposes
102-74.420 What is the policy concerning photographs for news,
advertising or commercial purposes?
Dogs and Other Animals
102-74.425 What is the policy concerning dogs and other animals on
Federal property?
Vehicular and Pedestrian Traffic
102-74.430 What is the policy concerning vehicular and pedestrian
traffic on Federal property?
Explosives
102-74.435 What is the policy concerning explosives on Federal
property?
Weapons
102-74.440 What is the policy concerning weapons on Federal
property?
Nondiscrimination
102-74.445 What is the policy concerning discrimination on Federal
property?
Penalties
102-74.450 What are the penalties for violating any rule or
regulation in this subpart?
Impact on Other Laws or Regulations
102-74.455 What impact do the rules and regulations in this subpart
have on other laws or regulations?
Subpart D--Occasional Use of Public Buildings
102-74.460 What is the scope of this subpart?
Application for Permit
102-74.465 Is a person or organization that wishes to use a public
area required to apply for a permit from a Federal agency?
102-74.470 What information must persons or organizations submit so
that Federal agencies may consider their application for a permit?
102-74.475 If an applicant proposes to use a public area to solicit
funds, is the applicant required to make a certification?
Permits
102-74.480 How many days does a Federal agency have to issue a
permit following receipt of a completed application?
102-74.485 Is there any limitation on the length of time of a
permit?
102-74.490 What if more than one permit is requested for the same
area and time?
102-74.495 If a permit involves demonstrations or activities that
may lead to civil disturbances, what action must a Federal agency
take before approving such a permit application?
Disapproval of Applications or Cancellation of Permits
102-74.500 Can Federal agencies disapprove permit applications or
cancel issued permits?
102-74.505 What action must Federal agencies take after disapproving
an application or canceling an issued permit?
Appeals
102-74.510 How may the disapproval of a permit application or
cancellation of an issued permit be appealed?
102-74.515 Will the affected person or organization and the Federal
agency buildings manager have an opportunity to state their
positions on the issues?
102-74.520 How much time does the regional officer have to affirm or
reverse the Federal agency building manager's decision after
receiving the notification of appeal from the affected person or
organization?
Schedule of Use
102-74.525 May Federal agencies reserve time periods for the use of
public areas for official Government business or for maintenance,
repair, and construction?
Hours of Use
102-74.530 When may public areas be used?
Services and Costs
102-74.535 What items may Federal agencies provide to permittees
free of charge?
102-74.540 What are the items for which permittees must reimburse
Federal agencies?
102-74.545 May permittees make alterations to the public areas?
102-74.550 What items are permittees responsible for furnishing?
[[Page 76832]]
Conduct
102-74.555 What rules of conduct must all permittees observe while
on Federal property?
Non-affiliation With the Government
102-74.560 May Federal agencies advise the public of the presence of
any permittees and their non-affiliation with the Federal
Government?
Subpart E--Installing, Repairing, and Replacing Sidewalks
Sec. 102-74.565 What is the scope of this subpart?
102-74.570 Are State and local governments required to fund the cost
of installing, repairing, and replacing sidewalks?
102-74.575 How do Federal agencies arrange for work on sidewalks?
102-74.580 Who decides when to replace a sidewalk?
Appendix to Part 102-74--Rules and Regulations Governing Conduct on
Federal Property
Authority: 40 U.S.C. 486(c); E.O. 12191, 45 FR 7997, 3 CFR, 1980
Comp., p 138.
Subpart A--General Provisions
Sec. 102-74.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA/Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-74.10 What is the basic facility management policy?
Executive agencies must manage, operate and maintain Government-
owned and leased buildings in a manner that provides for quality space
and services consistent with their operational needs and accomplishes
overall Government objectives. The management, operation and
maintenance of buildings and building systems must:
(a) Be cost effective and energy efficient;
(b) Be adequate to meet the agencies' missions;
(c) Meet nationally recognized standards; and
(d) Be at an appropriate level to maintain and preserve the
physical plant assets, consistent with available funding.
Subpart B--Facility Management
Sec. 102-74.15 What are the facility management responsibilities of
occupant agencies?
Occupants of facilities under the custody and control of Federal
agencies must:
(a) Cooperate to the fullest extent with all pertinent facility
procedures and regulations;
(b) Promptly report all crimes and suspicious circumstances
occurring on federally controlled property first to the regional law
enforcement organization and other designated law enforcement agencies,
and then through internal agency channels;
(c) Provide training to employees regarding protection and
responses to emergency situations; and
(d) Make recommendations for improving the effectiveness of
protection in Federal facilities.
Occupancy Services
Sec. 102-74.20 What are occupancy services?
Occupancy services are:
(a) Building services (see Sec. 102-74.35);
(b) Concession services; and
(c) Conservation programs.
Sec. 102-74.25 What responsibilities do executive agencies have
regarding occupancy services?
Executive agencies, upon approval from GSA, must manage, administer
and enforce the requirements of agreements (such as Memoranda of
Understanding) and contracts that provide for the delivery of occupancy
services.
Sec. 102-74.30 What standard in providing occupancy services must
executive agencies follow?
Executive agencies must provide occupancy services that
substantially conform to nationally recognized standards. As needed,
executive agencies may adopt other standards for buildings and services
in federally-controlled facilities to conform to statutory requirements
and to implement cost-reduction efforts.
Sec. 102-74.35 What building services must executive agencies
provide?
Executive agencies, upon approval from GSA, must provide:
(a) Building services such as custodial, solid waste management
(including recycling), heating and cooling, landscaping and grounds
maintenance, tenant alterations, minor repairs, building maintenance,
integrated pest management, signage, parking, and snow removal, at
appropriate levels to support Federal agency missions; and
(b) Arrangements for raising and lowering the United States flags
at appropriate times. In addition, agencies must display P.O.W. and
M.I.A. flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A.
flag display days.
Concession Services
Sec. 102-74.40 What are concession services?
Concession services are any food or snack services provided by a
Randolph-Sheppard Act vendor, commercial contractor or nonprofit
organization (see definition in Sec. 102-71.20 of this chapter), in
vending facilities such as:
(a) Vending machines;
(b) Sundry facilities;
(c) Prepackaged facilities;
(d) Snack bars; and
(e) Cafeterias.
Sec. 102-74.45 When must Federal agencies provide concession
services?
Federal agencies, upon approval from GSA, must provide concession
services where building population supports such services and when the
availability of existing commercial services is insufficient to meet
Federal agency needs. Prior to establishing concessions, Federal
agencies must ensure that:
(a) The proposed concession will be established and operated in
conformance with applicable policies, safety, health and sanitation
codes, laws, regulations, etc., and will not contravene the terms of
any lease or other contractual arrangement;
(b) Sufficient funds are legally available to cover all costs for
which the Government may be responsible; and
(c) All contracts will be financially self-supporting and not
compete with nearby commercial enterprise.
Sec. 102-74.50 May Federal agencies sell tobacco products in vending
machines in Government-owned and leased space?
No, Public Law 104-52, Section 636, prohibits the sale of tobacco
products in vending machines in Government-owned and leased space. The
Administrator of GSA or the head of an Agency may designate areas not
subject to the prohibition, if minors are prohibited and reports are
made to the appropriate committees of Congress.
Sec. 102-74.55 Are commercial vendors and nonprofit organizations
required to operate vending facilities by permit or contractual
arrangement?
Commercial vendors and nonprofit organizations must operate vending
facilities, including cafeterias, under a contractual arrangement with
Federal agencies.
Sec. 102-74.60 Are Federal agencies required to give blind vendors
priority in operating vending facilities?
With certain exceptions, the Randolph-Sheppard Act (20 U.S.C. 107
et seq.) requires that blind persons licensed by a State licensing
agency under the provisions of the Randolph-
[[Page 76833]]
Sheppard Act be authorized to operate vending facilities on any Federal
property, including leased buildings. The Randolph-Sheppard Act imposes
an obligation on Federal agencies to give priority to Randolph-Sheppard
Act vendors for vending facilities in buildings that they operate.
Sec. 102-74.65 Are Randolph-Sheppard Act vendors required to operate
vending facilities by permit or contractual agreement?
Except for cafeterias, Randolph-Sheppard Act vendors must obtain a
permit from a Federal agency prior to operating vending facilities.
Randolph-Sheppard Act vendors operating a cafeteria must have a
contractual agreement with a Federal agency.
Sec. 102-74.70 What information must be in a permit for a vending
facility?
In every permit for a vending facility, Federal agencies must
describe the vending facility location and indicate:
(a) The name of the applicant State licensing agency;
(b) That the permit is issued for an indefinite period of time
subject to suspension or termination on the basis of non-compliance
with agreed upon terms;
(c) That the Government will not charge the State licensing agency
for normal cleaning, maintenance and repair of the building structure
in and immediately adjacent to the vending facility areas;
(d) That the State licensing agency is responsible for the costs
associated with properly installing, cleaning, replacing, repairing,
maintaining, and removing vending facilities and vending facility
equipment;
(e) That blind licensees may sell newspapers, periodicals,
publications, confections, tobacco products, foods, beverages, chances
for any lottery authorized by State law and conducted by an agency of a
State within such State, and other articles or services that the State
licensing agency and the Government determine to be suitable for a
particular location;
(f) That the blind licensee's articles and services may be
dispensed automatically or manually and may be prepared on or off the
premises;
(g) That the blind licensee is prohibited from selling tobacco
products in vending machines in Government-owned and leased space,
unless the Administer of General Services designates areas not subject
to the prohibition;
(h) That vending facilities must be operated in compliance with
applicable health, sanitation and building codes or ordinances;
(i) That the vendor must not install, modify, relocate, remove, or
renovate vending facilities without the prior written approval and
supervision of the Federal agency buildings manager and the State
licensing agency;
(j) That the State licensing agency must pay for relocations that
it initiates;
(k) That the Federal agency must pay for relocations that it
initiates; and
(l) That the Federal agency must pay for all plumbing, electrical
and mechanical costs related to the renovation of existing facilities.
Sec. 102-74.75 What responsibilities do State licensing agencies have
in implementing the vending facility program for blind persons?
State licensing agencies must:
(a) Prescribe necessary procedures so that when they select vendors
and employees for vending facilities no discrimination occurs because
of sex, race, age, creed, color, national origin, physical or mental
disability, or political affiliation;
(b) Take the necessary action to assure that vendors do not
discriminate against any persons in furnishing, or refusing to furnish,
to such person or persons the use of any vending facility, including
any and all services, privileges, accommodations, and activities
provided thereby; and
(c) Take the necessary action to assure that vendors comply with
Title VI of the Civil Rights Act of 1964 and the GSA regulations issued
pursuant thereto.
Sec. 102-74.80 Who has the initial responsibility for resolving
vendor performance issues?
The State licensing agency must attempt to resolve day-to-day
problems pertaining to the operation of the vending facility in an
informal manner with the participation of the blind vendor and the
Federal agency building's manager.
Sec. 102-74.85 What action must Federal agencies take if the State
licensing agency is unable to informally resolve vendor performance
issues?
Federal agencies must report in writing any unresolved vendor
issues concerning the terms of the permit, the Randolph-Sheppard Act,
or the regulations in this part to the State licensing agency
supervisory personnel, so that the issues may be formally addressed and
resolved.
Sec. 102-74.90 What information must Federal agencies report to the
Secretary of Education concerning the vending facility program for
blind persons?
Federal agencies, upon approval from GSA, must report to the
Secretary of Education at the end of each fiscal year:
(a) The total number of applications for vending facility locations
received from State licensing agencies;
(b) The number of applications approved;
(c) The number of applications denied;
(d) The number of applications still pending;
(e) The total amount of vending machine income collected; and
(f) The amount of such vending machine income disbursed to the
State licensing agency in each State.
Sec. 102-74.95 Are Randolph-Sheppard Act vendors operating cafeterias
required to meet the same contract performance requirements as
commercial or nonprofit cafeteria operators?
Yes, Randolph-Sheppard Act vendors must meet the same contract
performance requirements as commercial or nonprofit cafeteria
operators.
Conservation Programs
Sec. 102-74.100 What are conservation programs?
Conservation programs are programs that improve energy and water
efficiency and promote the use of solar and other renewable energy.
These programs must promote and maintain an effective source reduction
activity (reducing consumption of resources such as energy, water, and
paper), resource recovery activity (obtaining materials from the waste
stream that can be recycled into new products), and reuse activity
(reusing same product before disposition, such as reusing unneeded
memos for scratch paper).
Asset Services
Sec. 102-74.105 What are asset services?
Asset services include repairs (other than those minor repairs
identified in Sec. 102-74.35(a)), alterations and modernizations for
real property assets. Typically, these are the type of repairs and
alterations necessary to preserve or enhance the value of the real
property asset.
Sec. 102-74.110 What asset services must executive agencies provide?
Executive agencies, upon approval from GSA, must provide asset
services such as repairs (in addition to those minor repairs identified
in Sec. 102-74.35(a)), alterations, and modernizations for real
property assets. For repairs and alterations projects for which the
estimated cost exceeds the prospectus threshold, Federal agencies must
follow the prospectus submission and approval policy identified in this
part and part 102-73 of this chapter.
[[Page 76834]]
Sec. 102-74.115 What standard in providing asset services must
executive agencies follow?
Executive agencies must provide asset services that maintain
continuity of Government operations, continue efficient building
operations, extend the useful life of buildings and related building
systems, and provide a quality workplace environment that enhances
employee productivity.
Sec. 102-74.120 Is a prospectus required to be submitted before
emergency alterations can be performed?
No, a prospectus is not required to be submitted before emergency
alterations can be performed. Federal agencies must immediately alter a
building if the alteration protects people, buildings, or equipment;
saves lives; and/or avoids further property damage. Federal agencies
can take these actions in an emergency before GSA submits a prospectus
on the alterations to the Committees for Public Works. GSA must submit
a prospectus as soon as possible after the emergency.
Sec. 102-74.125 Are prospectuses required for reimbursable alteration
projects?
A project which is to be financed in whole or in part from funds
appropriated to the requesting agency may be performed without a
prospectus if:
(a) Payment is made from agency appropriations that are not subject
to Section 7 of the Public Buildings Act of 1959 (40 U.S.C. 606); and
(b) GSA's portion of the cost, if any, does not exceed the
prospectus threshold.
Sec. 102-74.130 When a prospectus is required, can GSA prepare a
prospectus for a reimbursable alteration project?
Yes, if requested by a Federal agency, GSA will prepare a
prospectus for a reimbursable alteration project.
Sec. 102-74.135 Who selects construction and alteration projects that
are to be performed?
The Administrator of General Services selects construction and
alteration projects to be performed.
Sec. 102-74.140 On what basis does the Administrator select
construction and alteration projects?
The Administrator selects projects based on a continuing
investigation and survey of the public building needs of the Federal
Government. These projects must be equitably distributed throughout the
United States, with due consideration given to each project's
comparative urgency.
Sec. 102-74.145 What information must a Federal agency submit to GSA
after the agency has identified a need for construction or alteration
of a public building?
Federal agencies identifying a need for construction or alteration
of a public building must provide information, such as a description of
the work, location, estimated maximum cost, and justification to the
Administrator of General Services.
Sec. 102-74.150 Who submits prospectuses for the construction or
alteration of public buildings to the congressional committees?
The Administrator of General Services must submit prospectuses for
public building construction or alteration projects to the
congressional committees for public buildings oversight for approval.
Energy Conservation
Sec. 102-74.155 What energy conservation policy must Federal agencies
follow in the management of facilities?
Federal agencies must:
(a) Comply with the energy conservation guidelines in 10 CFR part
436 (Federal Energy Management and Planning Programs); and
(b) Observe the energy conservation policies cited in this part.
Sec. 102-74.160 What actions must Federal agencies take to promote
energy conservation?
Federal agencies must ensure that:
(a) Lights and equipment are turned off when not needed;
(b) Ventilation is not blocked or impeded; and
(c) Windows and other building accesses are closed during the
heating and cooling seasons.
Sec. 102-74.165 What energy standards must Federal agencies follow
for existing facilities?
Federal agencies must ensure that existing Federal facilities meet
the energy standards prescribed by the American Society of Heating,
Refrigerating, and Air Conditioning Engineers and the Illuminating
Engineering Society of North American in ASHRAE/IES Standard 90A-1980,
as amended by the Department of Energy. Federal agencies must apply
these energy standards where they can be achieved through life cycle,
cost effective actions.
Sec. 102-74.170 May exceptions to the energy conservation policies in
this subpart be granted?
Yes, the Federal agency buildings manager may grant exceptions to
the foregoing policies in this subpart to enable agencies to accomplish
their missions more effectively and efficiently.
Sec. 102-74.175 Are Government-leased buildings required to conform
with the policies in this subpart?
Yes, Federal agencies must ensure that all new lease contracts are
in conformance with the policies prescribed in this subpart. Federal
agencies must administer existing lease contracts in accordance with
these policies to the maximum extent feasible.
Sec. 102-74.180 What illumination levels must Federal agencies
maintain on Federal facilities?
Except where special circumstances exist, Federal agencies must
maintain illumination levels at:
(a) 50 foot-candles at work station surfaces, measured at a height
of 30 inches above floor level, during working hours (for visually
difficult or critical tasks, additional lighting may be authorized by
the Federal agency buildings manager);
(b) 30 foot-candles in work areas during working hours, measured at
30 inches above floor level;
(c) 10 foot-candles, but not less than 1 foot-candle, in non-work
areas, to ensure safety during working hours (normally this will
require levels of 5 foot-candles at elevator boarding areas, minimum of
1 foot-candle at the middle of corridors and stairwells as measured at
the walking surface, 1 foot-candle at the middle of corridors and
stairwells as measured at the walking surface, and 10 foot-candles in
storage areas); and
(d) Levels essential for safety and security purposes, including
exit signs and exterior lights.
Sec. 102-74.185 What heating and cooling policy must Federal agencies
follow in Federal facilities?
Within the limitations of the building systems, Federal agencies
must:
(a) Operate heating and cooling systems in the most overall energy
efficient and economical manner;
(b) Maintain temperatures to maximize customer satisfaction by
conforming to local commercial equivalent temperature levels and
operating practices;
(c) Set heating temperatures no higher than 55 degrees Fahrenheit
during non-working hours;
(d) Not provide air-conditioning during non-working hours, except
as necessary to return space temperatures to a suitable level for the
beginning of working hours;
(e) Not permit reheating, humidification and simultaneous heating
and cooling; and
[[Page 76835]]
(f) Operate building systems as necessary during extreme weather
conditions to protect the physical condition of the building.
Sec. 102-74.190 Are portable heaters, fans and other such devices
allowed in Government-controlled facilities?
Federal agencies are prohibited from operating portable heaters,
fans, and other such devices in Government-controlled facilities unless
authorized by the Federal agency building's manager.
Sec. 102-74.195 What ventilation policy must Federal agencies follow?
During working hours in periods of heating and cooling, Federal
agencies must provide ventilation in accordance with ASHRAE Standard
62, Ventilation for Acceptable Indoor Air Quality where physically
practical. Where not physically practical, Federal agencies must
provide the maximum allowable amount of ventilation during periods of
heating and cooling and pursue opportunities to increase ventilation up
to current standards. ASHRAE Standard 62 is available from ASHRAE
Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329-2305.
Sec. 102-74.200 What information are Federal agencies required to
report to the Department of Energy (DOE)?
Federal agencies, upon approval of GSA, must report to the DOE the
energy consumption in buildings, facilities, vehicles, and equipment
within 45 calendar days after the end of each quarter as specified in
the DOE Federal Energy Usage Report DOE F 6200.2 Instructions.
Ridesharing
Sec. 102-74.205 What Federal facility ridesharing policy must
executive agencies follow?
In accordance with Executive Order 12191, ``Federal Facility
Ridesharing Program'' (3 CFR, 1980 Comp., p. 138), executive agencies
must actively promote the use of ridesharing (carpools, vanpools,
privately-leased buses, public transportation, and other multi-
occupancy modes of travel) by personnel working at Federal facilities
to conserve energy, reduce congestion, improve air quality, and provide
an economical way for Federal employees to commute to work.
Sec. 102-74.210 What steps must executive agencies take to promote
ridesharing at Federal facilities?
To promote ridesharing at Federal facilities, agencies must:
(a) Establish an annual ridesharing goal for each facility;
(b) Report to the Administrator of General Services by June 1 of
each year the goals established, the means developed to achieve those
goals and the progress achieved; and
(c) Cooperate with State and local ridesharing agencies where such
agencies exist.
Sec. 102-74.215 What specific ridesharing information must executive
agencies report to the Administrator of General Services?
The head of each agency must submit to GSA by June 1 of each year a
report that includes:
(a) The name, address, title, and telephone number of the
agencywide Employee Transportation Coordinator (ETC);
(b) A narrative on actions taken and barriers encountered in
promoting ridesharing within the agency;
(c) Information on any noticeable facility achievements; and
(d) A copy of instructions issued to the agency's facility ETC's
for implementing the Federal Facility Ridesharing Program.
Sec. 102-74.220 Where should executive agencies send their Federal
Facility Ridesharing Reports?
Agencies must send their Federal Facility Ridesharing Reports to
the Office of Real Property (MP), General Services Administration, 1800
F Street, NW., Washington, DC 20405.
Sec. 102-74.225 Are there any exceptions to these ridesharing
reporting requirements?
Yes, facilities with less than 100 full-time employees or less than
100 full-time employees on the largest shift are not required to submit
an annual report. Agencies must not subdivide buildings, groups of
buildings or worksites for the purpose of meeting the exception
standards.
Occupant Emergency Program
Sec. 102-74.230 Who is responsible for establishing an occupant
emergency program?
The Designated Official (as defined in Sec. 102-71.20 of this
chapter) is responsible for developing, implementing and maintaining an
Occupant Emergency Plan (as defined in Sec. 102-71.20 of this
chapter). The Designated Official's responsibilities include
establishing, staffing and training an Occupant Emergency Organization
with agency employees. Federal agencies, upon approval from GSA, must
assist in the establishment and maintenance of such plans and
organizations.
Sec. 102-74.235 Are occupant agencies required to cooperate with the
Designated Official in the implementation of the emergency plans and
the staffing of the emergency organization?
Yes, all occupant agencies of a facility must fully cooperate with
the Designated Official in the implementation of the emergency plans
and the staffing of the emergency organization.
Sec. 102-74.240 What are Federal agencies' occupant emergency
responsibilities?
Federal agencies, upon approval from GSA, must:
(a) Provide emergency program policy guidance;
(b) Review plans and organizations annually;
(c) Assist in training of personnel;
(d) Otherwise ensure proper administration of Occupant Emergency
Programs (as defined in Sec. 102-71.20 of this chapter);
(e) Solicit the assistance of the lessor in the establishment and
implementation of plans in leased space; and
(f) Assist the Occupant Emergency Organization (as defined in Sec.
102-71.20 of this chapter) by providing technical personnel qualified
in the operation of utility systems and protective equipment.
Sec. 102-74.245 Who makes the decision to activate the Occupant
Emergency Organization?
The decision to activate the Occupant Emergency Organization must
be made by the Designated Official, or by the designated alternate
official. After normal duty hours, the senior Federal official present
must represent the Designated Official or his/her alternates and must
initiate action to cope with emergencies in accordance with the plans.
Sec. 102-74.250 What information must the Designated Official use to
make a decision to activate the Occupant Emergency Organization?
The Designated Official must make a decision to activate the
Occupant Emergency Organization based upon the best available
information, including:
(a) An understanding of local tensions;
(b) The sensitivity of target agency(ies);
(c) Previous experience with similar situations;
(d) Advice from the Federal agency building's manager;
(e) Advice from the appropriate Federal law enforcement official;
and
(f) Advice from Federal, State, and local law enforcement agencies.
[[Page 76836]]
Sec. 102-74.255 How must occupant evacuation or relocation be
accomplished when there is immediate danger to persons or property,
such as fire, explosion or the discovery of an explosive device (not
including a bomb threat)?
The Designated Official must initiate action to evacuate or
relocate occupants in accordance with the plan by sounding the fire
alarm system or by other appropriate means when there is immediate
danger to persons or property, such as fire, explosion or the discovery
of an explosive device (not including a bomb threat).
Sec. 102-74.260 What action must the Designated Official initiate
when there is advance notice of an emergency?
The Designated Official must initiate appropriate action according
to the plan when there is advance notice of an emergency.
Parking Facilities
Sec. 102-74.265 Who must provide for the regulation and policing of
parking facilities?
Federal agencies, upon approval from GSA, must provide for any
necessary regulation and policing of parking facilities, which may
include:
(a) The issuance of traffic rules and regulations;
(b) The installation of signs and markings for traffic control.
(Signs and markings must conform with the Manual on Uniform Traffic
Control Devices published by the Department of Transportation);
(c) The issuance of citations for parking violations; and
(d) The immobilization or removal of illegally parked vehicles.
Sec. 102-74.270 Are vehicles required to display parking permits in
parking facilities?
When the use of parking space is controlled as in Sec. 102-74.265,
all privately-owned vehicles other than those authorized to use
designated visitor or service areas must display a parking permit. This
requirement may be waived in parking facilities where the number of
available spaces regularly exceeds the demand for such spaces.
Sec. 102-74.275 May Federal agencies authorize lessors or parking
management contractors to manage, regulate and police parking
facilities?
Yes, Federal agencies, upon approval from GSA, may authorize
lessors or parking management contractors to manage, regulate and
police parking facilities.
Sec. 102-74.280 Are privately-owned vehicles converted for propane
carburetion permitted in underground parking facilities?
Federal agencies must not permit privately-owned vehicles converted
for propane carburetion to enter underground parking facilities unless
the owner provides to the occupant agency and the Federal agency
building's manager the installer's certification that the installation
methods and equipment comply with National Fire Protection Association
(NFPA) Standard No. 58.
Sec. 102-74.285 How must Federal agencies assign priority to parking
spaces in controlled areas?
Federal agencies must reserve official parking spaces, in the
following order of priority, for:
(a) Official postal vehicles at buildings containing the U.S.
Postal Service's mailing operations.
(b) Federally-owned vehicles used to apprehend criminals, fight
fires and handle other emergencies.
(c) Private vehicles owned by Members of Congress (but not their
staffs).
(d) Private vehicles owned by Federal judges (appointed under
Article III of the Constitution), which may be parked in those spaces
assigned for the use of the Court, with priority for them set by the
Administrative Office of the U.S. Courts.
(e) Other federally-owned and leased vehicles, including those in
motor pools or assigned for general use.
(f) Service vehicles, vehicles used in child care center operations
and vehicles of patrons and visitors. (Federal agencies must allocate
parking for handicapped visitors whenever an agency's mission requires
visitor parking.)
(g) Private vehicles owned by employees, using spaces not needed
for official business.
Sec. 102-74.290 May Federal agencies allow employees to use parking
spaces not required for official needs?
Yes, Federal agencies may allow employees to use parking spaces not
required for official needs.
Sec. 102-74.295 Who determines the number of employee parking spaces
for each facility?
The Federal agency buildings manager must determine the total
number of spaces available for employee parking. Typically, Federal
agencies must make a separate determination for each parking facility.
However, in major metropolitan areas, Federal agencies may determine
that allocations by zone would make parking more efficient or more
equitably available.
Sec. 102-74.300 How must space available for employee parking be
allocated among occupant agencies?
The Federal agency buildings manager must allocate space available
for employee parking among occupant agencies on an equitable basis,
such as by allocating such parking in proportion to each agency's share
of building space, office space or total employee population, as
appropriate. In certain cases, Federal agencies may allow a third
party, such as a board composed of representatives of agencies sharing
space, to determine proper parking allocations among the occupant
agencies.
Sec. 102-74.305 How must Federal agencies assign available parking
spaces to their employees?
Federal agencies must assign available parking spaces to their
employees using the following order of priority:
(a) Severely handicapped employees (see definition in Sec. 102-
71.20 of this chapter).
(b) Executive personnel and persons who work unusual hours.
(c) Vanpool/carpool vehicles.
(d) Privately-owned vehicles of occupant agency employees that are
regularly used for Government business at least 12 days per month and
that qualify for reimbursement of mileage and travel expenses under
Government travel regulations.
(e) Other privately-owned vehicles of employees, on a space-
available basis. (In locations where parking allocations are made on a
zonal basis, GSA and affected agencies may cooperate to issue
additional rules, as appropriate.)
Sec. 102-74.310 What measures must Federal agencies take to improve
the utilization of parking facilities?
Federal agencies must take all feasible measures to improve the
utilization of parking facilities, including:
(a) The conducting of surveys and studies;
(b) The periodic review of parking space allocations;
(c) The dissemination of parking information to occupant agencies;
(d) The implementation of parking incentives that promote
ridesharing;
(e) The use of stack parking practices, where appropriate; and
(f) The employment of parking management contractors and
concessionaires, where appropriate.
[[Page 76837]]
Smoking
Sec. 102-74.315 What is the smoking policy for Federal facilities?
Pursuant to Executive Order 13058, ``Protecting Federal Employees
and the Public From Exposure to Tobacco Smoke in the Federal
Workplace'' (3 CFR, 1997 Comp., p. 216), it is the policy of the
executive branch to establish a smoke-free environment for Federal
employees and members of the public visiting or using Federal
facilities. The smoking of tobacco products is prohibited in all
interior space owned, rented or leased by the executive branch of the
Federal Government, and in any outdoor areas under executive branch
control in front of air intake ducts.
Sec. 102-74.320 Are there any exceptions to this smoking policy for
Federal facilities?
Yes, this smoking policy does not apply in:
(a) Designated smoking areas that are enclosed and exhausted
directly to the outside and away from air intake ducts, and are
maintained under negative pressure (with respect to surrounding spaces)
sufficient to contain tobacco smoke within the designated area. Agency
officials must not require workers to enter such areas during business
hours while smoking is ongoing;
(b) Any residential accommodation for persons voluntarily or
involuntarily residing, on a temporary or long-term basis, in a
building owned, leased or rented by the Federal Government;
(c) Portions of federally-owned buildings leased, rented or
otherwise provided in their entirety to nonfederal parties;
(d) Places of employment in the private sector or in other non-
Federal governmental units that serve as the permanent or intermittent
duty station of one or more Federal employees; and
(e) Instances where an agency head establishes limited and narrow
exceptions that are necessary to accomplish agency missions. Such
exceptions must be in writing, approved by the agency head, and to the
fullest extent possible provide protection of nonsmokers from exposure
to environmental tobacco smoke. Authority to establish such exceptions
may not be delegated.
Sec. 102-74.325 Who has the responsibility to determine which areas
are to be smoking and which areas are to be nonsmoking areas?
Agency heads have the responsibility to determine which areas are
to be smoking and which areas are to be nonsmoking areas. In exercising
this responsibility, agency heads will give appropriate consideration
to the views of the employees affected and/or their representatives and
are to take into consideration the health issues involved. Nothing in
this section precludes an agency from establishing more stringent
guidelines. Agencies in multi-tenant buildings are encouraged to work
together to identify designated smoking areas.
Sec. 102-74.330 Who must evaluate the need to restrict smoking at
doorways and in courtyards?
Agency heads must evaluate the need to restrict smoking at doorways
and in courtyards under executive branch control to protect workers and
visitors from environmental tobacco smoke, and may restrict smoking in
these areas in light of this evaluation.
Sec. 102-74.335 Who is responsible for monitoring and controlling
areas designated for smoking and for ensuring that these areas are
identified by proper signs?
Agency heads are responsible for monitoring and controlling areas
designated for smoking and for ensuring that these areas are identified
by proper signs. Suitable uniform signs reading ``Designated Smoking
Area'' must be furnished and installed by the occupant agency.
Sec. 102-74.340 Who is responsible for signs on or near building
entrance doors?
Federal agency building's managers must furnish and install
suitable, uniform signs reading ``No Smoking Except in Designated
Areas'' on or near entrance doors of buildings subject to this section.
It is not necessary to display a sign in every room of each building.
Sec. 102-74.345 Does the smoking policy in this part apply to the
judicial branch?
This smoking policy applies to the judicial branch when it occupies
space in buildings controlled by the executive branch. Furthermore, the
Federal Chief Judge in a local jurisdiction may be deemed to be
comparable to an agency head and may establish exceptions for Federal
jurors and others as indicated in Sec. 102-74.320(e).
Sec. 102-74.350 Are agencies required to meet their obligations under
the Federal Service Labor-Management Relations Act where there is an
exclusive representative for the employees prior to implementing this
smoking policy?
Yes, where there is an exclusive representative for the employees,
Federal agencies must meet their obligations under the Federal Service
Labor-Management Relations Act (5 U.S.C. 7101 et seq.) prior to
implementing this section. In all other cases, agencies may consult
directly with employees.
Accident and Fire Prevention
Sec. 102-74.355 With what accident and fire prevention standards must
Federal facilities comply?
To the maximum extent feasible, Federal agencies must manage
facilities in accordance with the accident and fire prevention
requirements identified in Sec. 102-80.80 of this chapter.
Sec. 102-74.360 What are the specific accident and fire prevention
responsibilities of occupant agencies?
Each occupant agency must:
(a) Participate in at least one fire drill per year;
(b) Maintain a neat and orderly facility to minimize the risk of
accidental injuries and fires;
(c) Keep all exits, accesses to exits and accesses to emergency
equipment clear at all times;
(d) Not bring hazardous, explosive or combustible materials into
buildings unless authorized by appropriate agency officials and by GSA
and unless protective arrangements determined necessary by GSA have
been provided;
(e) Ensure that all draperies, curtains or other hanging materials
are of non-combustible or flame-resistant fabric;
(f) Ensure that freestanding partitions and space dividers are
limited combustible, and their fabric coverings are flame resistant;
(g) Cooperate with GSA to develop and maintain fire prevention
programs that ensure the maximum safety of the occupants;
(h) Train employees to use protective equipment and educate
employees to take appropriate fire safety precautions in their work;
(i) Ensure that facilities are kept in the safest condition
practicable, and conduct periodic inspections in accordance with
Executive Order 12196 and 29 CFR part 1960;
(j) Immediately report accidents involving personal injury or
property damage, which result from building system or maintenance
deficiencies, to the Federal agency building's manager; and
(k) Appoint a safety, health and fire protection liaison to
represent the occupant agency with GSA.
[[Page 76838]]
Subpart C--Conduct on Federal Property
Applicability
Sec. 102-74.365 To whom does this subpart apply?
The rules in this subpart apply to all property under the authority
of the General Services Administration and to all persons entering in
or on such property. Each occupant agency shall be responsible for the
observance of these rules and regulations. Federal agencies must post
the notice in the Appendix to this part at each public entrance to each
Federal facility.
Inspection
Sec. 102-74.370 What items are subject to inspection by Federal
agencies?
Federal agencies may, at their discretion, inspect packages,
briefcases and other containers in the immediate possession of
visitors, employees or other persons arriving on, working at, visiting,
or departing from Federal property. Federal agencies may conduct a full
search of a person and the vehicle the person is driving or occupying
upon his or her arrest.
Admission to Property
Sec. 102-74.375 What is the policy on admittin