[Federal Register: September 16, 2004 (Volume 69, Number 179)]
[Rules and Regulations]
[Page 55937-55939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se04-20]
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Part VI
General Services Administration
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48 CFR Part 552
General Services Administration Acquisition Regulation; Acquisition of
Leasehold Interests in Real Property; Historic Preference; Final Rule
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 552
[Amendment 2004-03; GSAR Case 2002-G504; Change 11]
RIN 3090-AH01
General Services Administration Acquisition Regulation;
Acquisition of Leasehold Interests in Real Property; Historic
Preference
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) by
revising the provision on Historic Preference.
DATES: Effective Date: September 16, 2004.
FOR FURTHER INFORMATION CONTACT: Ms. Laurie Duarte, Regulatory
Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501-
4225, for information pertaining to status or publication schedules.
For clarification of content, contact Ms. Julia Wise, Procurement
Analyst, at (202) 208-1168. Please cite Amendment 2004-03; GSAR case
2002-G504.
SUPPLEMENTARY INFORMATION:
A. Background
GSA is amending the GSAR by revising the provision on Historic
Preference. Executive Order (E.O.) 13006, dated May 21, 1996, requires
that the Federal Government utilize and maintain, wherever
operationally appropriate and economically prudent, historic properties
and districts in order to help revitalize the nation's central cities.
The E.O. requires that, subject to the requirements of the Rural
Development Act and E.O. 12072, when locating Federal facilities,
Federal agencies give first consideration to historic properties within
historic districts. If no such property is suitable, then Federal
agencies must consider other developed or undeveloped sites within
historic districts. Federal agencies must then consider historic
properties outside historic districts, if no suitable site within a
district exists. Based on the requirements of E.O. 13006, the GSAR
provision has been revised to establish a hierarchy of consideration
that is facilitated by giving a price evaluation preference to offers
of space falling within the hierarchy.
A proposed rule implementing a historic preference provision for
leasehold interests in real property was published in the Federal
Register for comments at 64 FR 35122, June 30, 1999. GSA received
comments, and the proposed rule was revised. The comments received by
GSA and the changes made to the historic preference provision are
summarized as follows: The Advisory Council on Historic Preservation
recommended that the definitions of historic property and historic
district be made consistent with other existing regulations and
statutory definitions and that the hierarchical preferences be stated
more clearly. The proposed historic preference provision has been
revised to incorporate appropriate definitions from the National
Historic Preservation Act and implementing regulations in Title 36 of
the Code of Federal Regulations, and to clarify how the historic
preference will be applied. GSA also considered whether the price
preference for non-historic developed and undeveloped sites within
historic districts should be less than the price preference for
historic properties within and outside of historic districts. GSA
believed that this would more appropriately reflect the relatively
higher cost of rehabilitating, altering, and maintaining existing
historic buildings as opposed to constructing and maintaining new
buildings or altering existing non-historic buildings within an
historic district. Accordingly, the historic preference provision has
been revised to provide that historic properties within and outside of
historic districts may be eligible for a 10 percent price preference;
non-historic developed and undeveloped sites within historic districts
may be eligible for a 2.5 percent price preference. Finally, the
provision has been revised to state that the Government will compute
the price evaluation preferences by reducing the price(s) of the
offerors qualifying for a price evaluation preference by the applicable
percentage provided in the historic preference provision. Because
numerous changes were made to the proposed historic preference
provision, GSA published a second proposed rule in the Federal Register
at 66 FR 53193, October 19, 2001. No further comments were received.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The General Services Administration certifies that this final rule
will not have a significant economic impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., because this rule implements an existing Executive
order and does not impose any new requirements. This rule requires the
Federal Government to utilize and maintain historic properties and
districts, wherever possible, to aid in the revitalization of the
nation's central cities and establishes a price evaluation preference
and order preference for properties in these specific areas.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors, or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C.3501, et seq.
List of Subjects in 48 CFR Part 552
Government procurement.
Dated: September 8, 2004.
David A. Drabkin,
Senior Procurement Executive,Office of the Chief Acquisition Officer.
0
Therefore, GSA amends 48 CFR part 552 as set forth below:
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
0
2. Revise section 552.270-2 to read as follows:
552.270-2 Historic Preference.
As prescribed in 570.602, insert the following provision:
Historic Preference (SEPT. 2004)
(a) The Government will give preference to offers of space in
historic properties following this hierarchy of consideration:
(1) Historic properties within historic districts.
(2) Non-historic developed and non-historic undeveloped sites
within historic districts.
(3) Historic properties outside of historic districts.
(b) Definitions. (1) Determination of eligibility means a
decision by the Department of the Interior that a district, site,
building, structure or object meets the National Register criteria
for evaluation
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although the property is not formally listed in the National
Register (36 CFR 60.3(c)).
(2) Historic district means a geographically definable area,
urban or rural, possessing a significant concentration, linkage, or
continuity of sites, buildings, structures, or objects united by
past events or aesthetically by plan or physical development. A
district may also comprise individual elements separated
geographically but linked by association or history (36 CFR
60.3(d)). The historic district must be included in or be determined
eligible for inclusion in the National Register of Historic Places.
(3) Historic property means any pre-historic or historic
district, site, building, structure, or object included in or been
determined eligible for inclusion in the National Register of
Historic Places maintained by the Secretary of the Interior (36 CFR
800.16(l)).
(4) National Register of Historic Places means the National
Register of districts, sites, buildings, structures and objects
significant in American history, architecture, archeology,
engineering and culture that the Secretary of the Interior is
authorized to expand and maintain under the National Historic
Preservation Act (36 CFR 60.1).
(c) The offer of space must meet the terms and conditions of
this solicitation. The Contracting Officer has discretion to accept
alternatives to certain architectural characteristics and safety
features defined elsewhere in this solicitation to maintain the
historical integrity of an historic building, such as high ceilings
and wooden floors, or to maintain the integrity of an historic
district, such as setbacks, floor-to-ceiling heights, and location
and appearance of parking.
(d) When award will be based on the lowest price technically
acceptable source selection process, the Government will give a
price evaluation preference, based on the total annual square foot
(ANSI/BOMA Office Area) cost to the Government, to historic
properties as follows:
(1) First to suitable historic properties within historic
districts, a 10 percent price preference.
(2) If no suitable historic property within an historic district
is offered, or the 10 percent preference does not result in such
property being the lowest price technically acceptable offer, the
Government will give a 2.5 percent price preference to suitable non-
historic developed or undeveloped sites within historic districts.
(3) If no suitable non-historic developed or undeveloped site
within an historic district is offered, or the 2.5 percent
preference does not result in such property being the lowest price
technically acceptable offer, the Government will give a 10 percent
price preference to suitable historic properties outside of historic
districts.
(4) Finally, if no suitable historic property outside of
historic districts is offered, no historic price preference will be
given to any property offered.
(e) When award will be based on the best value tradeoff source
selection process, which permits tradeoffs among price and non-price
factors, the Government will give a price evaluation preference,
based on the total annual square foot (ANSI/BOMA Office Area) cost
to the Government, to historic properties as follows:
(1) First to suitable historic properties within historic
districts, a 10 percent price preference.
(2) If no suitable historic property within a historic district
is offered or remains in the competition, the Government will give a
2.5 percent price preference to suitable non-historic developed or
undeveloped sites within historic districts.
(3) If no suitable non-historic developed or undeveloped site
within an historic district is offered or remains in the
competition, the Government will give a 10 percent price preference
to suitable historic properties outside of historic districts.
(4) Finally, if no suitable historic property outside of
historic districts is offered, no historic price preference will be
given to any property offered.
(f) The Government will compute price evaluation preferences by
reducing the price(s) of the offerors qualifying for a price
evaluation preference by the applicable percentage provided in this
provision. The price evaluation preference will be used for price
evaluation purposes only. The Government will award a contract in
the amount of the actual price(s) proposed by the successful offeror
and accepted by the Government.
(g) To qualify for a price evaluation preference, offerors must
provide satisfactory documentation in their offer that their
property qualifies as one of the following:
(1) An historic property within an historic district.
(2) A non-historic developed or undeveloped site within an
historic district.
(3) An historic property outside of an historic district.
(End of provision)
[FR Doc. 04-20847 Filed 9-15-04; 8:45 am]