Governmentwide Real Property Policy

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-16

RIN 3090-AF95

Governmentwide Real Property Policy

AGENCY: Office of Governmentwide Policy, General Services

Administration.

ACTION: Proposed rule.

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SUMMARY: The proposed rule describes the current real property policies

applicable to GSA and Federal agencies to whom GSA real property

operations have been delegated. The policies contained in this proposed

rule have been separated from their procedural components and reflect

the way that real property operations are currently conducted. This

regulation, once finalized, will be located in the Federal Property

Management Regulations (FPMR), Part 101-16, entitled ``Governmentwide

Real Property Policy.''

DATES: Comments must be received on or before October 6, 1997.

ADDRESSES: Written comments should be sent to the General Services

Administration, Office of Governmentwide Policy, Office of Real

Property, Real Property Policy Division (MPR), Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real

Property Policy Division, at (202) 501-1737.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)

has determined that this rule is not a significant regulatory action

for the purposes of Executive Order 12866.

This rule is not required to be published in the Federal Register

for notice and comment. Therefore, the Regulatory Flexibility Act does

not apply.

The Paperwork Reduction Act does not apply to this action because

the proposed changes to the Federal Property Management Regulations do

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. Secs. 3501 et seq.

List of Subjects in 41 CFR Part 101-16

Federal buildings and facilities, Government real property

management.

Therefore, it is proposed that 41 CFR Part 101-16 be added to read

as follows:

PART 101-16--GOVERNMENTWIDE REAL PROPERTY POLICY

Sec.

Subpart 101-16.1--General

101-16.100 Philosophy and scope of part.

101-16.101 Definitions.

101-16.102 Applicability.

101-16.103 Basic authority.

101-16.104 Legislative and executive impacts.

101-16.105 Policy implementation.

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Subpart 101-16.2--Delegation of Authority

101-16.200 Basic policy.

101-16.201 Types of delegations.

Subpart 101-16.3--Real Estate

101-16.300 Basic policy.

101-16.301 Program-specific authority.

101-16.302 Real estate and related services.

Subpart 101-16.4--Facility Management

101-16.400 Basic policy.

101-16.401 Program-specific authority.

101-16.402 Occupancy services.

101-16.403 Asset services.

Subpart 101-16.5--Real Property Disposal

101-16.500 Basic policy.

101-16.501 Program-specific authority.

101-16.502 Real property disposal services.

Subpart 101-16.6--Design and Construction

101-16.600 Basic policy.

101-16.601 Program-specific authority.

101-16.602 Design and construction services.

Subpart 101-16.7--Art-in-Architecture

101-16.700 Basic policy.

101-16.701 Art-in-architecture services.

Subpart 101-16.8--Historic Preservation

101-16.800 Basic policy.

101-16.801 Program-specific authority.

101-16.802 Historic preservation services.

Subpart 101-16.9--Assignment and Utilization of Space

101-16.900 Basic policy.

101-16.901 Program-specific authority.

101-16.902 Assignment and utilization services.

101-16.903 Location of space.

Subpart 101-16.10--Safety and Environmental Management

101-16.1000 Basic policy.

101-16.1001 Program-specific authority.

101-16.1002 Occupancy services.

101-16.1003 Federal construction and lease construction projects.

Subpart 101-16.11--Security

101-16.1100 Basic policy.

101-16.1101 Program-specific authority.

101-16.1102 Law enforcement.

101-16.1103 Security services.

Subpart 101-16.12--Public Utilities

101-16.1200 Basic policy.

101-16.1201 Program-specific authority.

101-16.1202 Public utilities services.

Subpart 101-16.13--Reserved

Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C.Sec. 486(c)

Subpart 101-16.1 General

Sec. 101-16.100 Philosophy and scope of part.

(a) This part contains the applicable Governmentwide real property

policies for Federal agencies operating pursuant to the authority of

the Administrator of General Services, including the GSA/PBS business

lines.

[The deviation language in the following sentence is proposed, subject

to the revision of Sec. 101-1.110]

GSA and Federal agencies operating under the authority of the

Administrator of General Services must comply with the policy

statements in this part, unless it is determined to be in the

Government's best interest not to comply with them and there is no

conflict with applicable laws and Executive orders. These policies

cover the delivery, management, utilization and disposal of real

property by Federal agencies that initiate and have decision-making

authority over actions for real property services. These Governmentwide

policies reflect a restatement of existing policies without their

procedural, how-to components. They articulate the policy

considerations concerning the manner in which Federal agencies

currently conduct their real property business. In the future, GSA's

Office of Governmentwide Policy will review these policies and make

necessary adjustments to ensure that they optimize the performance of

the Federal Government's real property portfolio. The policies stated

in this part are derived from applicable laws and Executive orders.

However, in the event a specific policy is not stated for a given real

property function, or for any aspect of a function, all real property

functions must be conducted in accordance with the provisions of

applicable laws and Executive orders.

(b) The real property policies presented in this part are divided

into subparts covering the following functional areas: delegation of

authority, real estate, facility management, real property disposal,

design and construction, art-in-architecture, historic preservation,

assignment and utilization of space, safety and environmental

management, security, and public utilities.

(c) The policy statements contained in this part are intended to

apply to the FPMR Subchapters D, Public Buildings and Space, and H,

Utilization and Disposal. To the extent that any statements of policy

elsewhere in Subchapters D and H could be construed as inconsistent

with the policy prescribed by this part, the policy statements in this

part are controlling.

Sec. 101-16.101 Definitions.

(a) Business line. An organizational component of GSA/PBS charged

with the management, execution, and/or oversight of its assigned real

property-related duties and responsibilities. Within PBS the business

lines include the Offices of Property Acquisition and Realty Services,

Property Development, Federal Protective Service, Property Disposal,

Property Management, and Portfolio Management. These business lines are

also real property services providers.

(b) Federal Government real property services provider. A GSA/PBS

organizational component, or other Federal Government entity operating

pursuant to the authority of the Administrator of General Services,

which provides real property services to Federal agencies and/or

internal GSA customers. This definition also includes private sector

firms under contract with Federal agencies that are engaged in the

delivery of real property services to Federal agencies.

(c) Federal agency. 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 direction).

Sec. 101-16.102 Applicability.

Those Federal agencies that initiate and have decision-making

authority over actions for real property services from GSA under the

authority of the Administrator of General Services, are accountable for

compliance with the policies in this part.

Sec. 101-16.103 Basic authority.

The basic authorities underlying these Governmentwide real property

policies include, but are not limited to, the Federal Property and

Administrative Services Act of 1949, as amended, (40 U.S.C. 471 et

seq.); the Public Buildings Act of 1959, as amended, (40 U.S.C. 601-

619); Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note); and

other applicable provisions of law, Executive Orders, and policies of

the Office of Management and Budget.

Sec. 101-16.104 Legislative and executive impacts.

The following non-inclusive listing of legal provisions and

statutory authorities influence specific aspects of the Governmentwide

real property policies and programs:

(a) Federal Property Management Regulations (FPMR, 41 CFR Chapter

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101), specifically Subchapter D--Public Buildings and Space, Parts 101-

17--Assignment and Utilization of Space; 101-18--Acquisition of Real

Property; 101-19--Construction and Alteration of Public Buildings; 101-

20--Management of Buildings and Grounds, and Subchapter H--Utilization

and Disposal, Part 101-47--Utilization and Disposal of Real Property.

(b) Federal Property and Administrative Services Act of 1949, as

amended (40 U.S.C. 471 et seq.). Among other things, this Act

establishes the Federal Buildings Fund (FBF) and provides the

Administrator of General Services with an important source of real

property related authority, such as the authority to charge anyone

furnished space or services at rates which approximate commercial

charges for comparable space and services, authority for supervision

and direction over the disposition of surplus property, authority for

entering into leases not exceeding 20 years, and assigning and

reassigning space in Government-owned and leased buildings to executive

agencies.

(c) Public Buildings Act of 1959, as amended, (40 U.S.C. 601-619).

Provides the Administrator with, among other things, the exclusive

authority to construct public buildings; the authority to acquire any

building and its site by purchase, condemnation, donation, exchange, or

otherwise; the authority to alter any public building and to acquire

such lands as may be necessary to carry out such alteration; the

authority to acquire such lands or interests in lands for use as sites,

or additions to sites, for public buildings authorized to be

constructed or altered under this Act by purchase, condemnation,

donation, exchange, or otherwise. In addition, this Act establishes a

prospectus threshold, applicable to GSA and Federal agencies operating

under the authority 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. Such projects require an

approved resolution by the Senate and the House of Representatives if

the dollar value exceeds the prospectus threshold. In order to obtain

this approved resolution, 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.

(d) The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157).

Requires facilities be provided to ensure ready access for handicapped

persons to public buildings and certain interior spaces.

(e) The National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.). Requires consideration of environmental factors in the

decision-making process for major Federal actions.

(f) Executive Order 12072--Federal Space Management. Requires

Federal agencies to give first consideration to the Centralized

Community Business Area (CBA) when locating Federal facilities in urban

areas.

(g) The Randolph-Sheppard Act, as amended, (20 U.S.C. 107-107f).

Requires that blind persons licensed under the provisions of the Act be

authorized to operate vending facilities on any Federal property,

including leased buildings. Federal agencies are obligated to acquire

space in buildings with suitable areas for vending facilities.

(h) Occupational Safety and Health Act of 1970 (29 U.S.C. 653).

Requires Federal agencies to provide safe and healthful places and

conditions of employment.

(i) Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970 (42 U.S.C. 4651-4655). Requires Federal agencies

to treat all property owners and other affected persons in a fair and

equitable manner, and to provide relocation services and benefits to

persons displaced by Federal agencies' acquisition of their real

property.

(j) Executive Order 11738--Providing for Administration of the

Clean Air Act and the Federal Water Pollution Control Act with respect

to Federal Contracts, Grants, or Loans. Requires Federal agencies

having authority to enter into contracts to conduct its acquisitions in

a manner that will result in effective enforcement of the Clean Air Act

and the Federal Water Pollution Control Act.

(k) Small Business Act, as amended (15 U.S.C. 631 et seq.).

Requires a positive effort by Federal contractors to place subcontracts

with small and small disadvantaged business concerns.

(l) Executive Order 11988--Floodplain Management. Requires that

each agency shall provide leadership and shall take action to reduce

the risk of flood loss, to minimize the impact of floods on human

safety, health and welfare, and to restore and preserve the natural and

beneficial values served by floodplains in carrying out its

responsibilities for acquiring, managing, and disposing of Federal

lands and facilities; providing federally undertaken, financed, or

assisted construction and improvements; and conducting Federal

activities and programs affecting land use. Each agency has the

responsibility to evaluate the potential effects of any actions it may

take in a floodplain; to ensure that its planning programs and budget

requests reflect consideration of flood hazards and floodplain

management; and to prescribe procedures to implement the polices and

requirements of this Executive Order.

(m) Executive Order 11990--Protection of Wetlands. Requires that

each agency shall provide leadership and shall take action to minimize

the destruction, loss or degradation of wetlands, and to preserve and

enhance the natural and beneficial values of wetlands in carrying out

its responsibilities for acquiring, managing, and disposing of Federal

lands and facilities; providing federally undertaken, financed, or

assisted construction and improvements; and conducting Federal

activities and programs affecting land use. As implemented by GSA, the

construction, purchase or lease of space in buildings located within a

base floodplain or wetlands area is generally precluded.

(n) Executive Order 12003--Relating to Energy Policy and

Conservation. Requires buildings constructed for Government lease to

meet certain energy consumption design specifications.

(o) Executive Order 12512--Federal Real Property Management.

Authorizes the Administrator to provide Governmentwide policy oversight

and guidance for Federal real property management. This Executive Order

requires, among other things, all executive departments and agencies to

establish internal policies and systems of accountability that ensure

effective use of real property in support of mission-related

activities, consistent with Federal policies regarding the acquisition,

management, and disposal of such assets. All such agencies shall also

develop annual real property management improvement plans that include

clear and concise goals and objectives related to all aspects of real

property management, and identify sales, work space management,

productivity, and excess property targets.

(p) Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411-

11412). Requires Federal agencies to make available surplus real

property to homeless organizations.

(q) National Historic Preservation Act (16 U.S.C. 470 et seq.).

Requires Federal agencies to take into account the effect of any

Federal undertaking on any property in or eligible for listing in the

National Register of Historic Places; and

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to use historic properties under Federal control prior to acquiring

other real property for Federal use.

(r) Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (CERCLA), as amended (42 U.S.C. 9601 et seq.).

Provides for liability, compensation, cleanup and emergency response

for hazardous substances released into the environment, and the cleanup

of hazardous waste disposal sites.

(s) Superfund Amendments and Reauthorization Act of 1986, as

amended (42 U.S.C. 9601-9675). Extends and amends CERCLA, paragraph (r)

of this section.

(t) Protection of Public Property Act (40 U.S.C. 318-318d). Gives

the Administrator authority to make rules and regulations governing

property under control of GSA, and to appoint uniformed and non-

uniformed special police.

(u) Executive Order 12196--Occupational Safety and Health Programs

for Federal Employees. Requires Federal agencies to establish and

maintain occupational safety and health programs for Federal employees.

(v) Rehabilitation Act of 1973, as amended (Pub. L. 93-112, 387

Stat. 355). Requires Federal agencies to ensure compliance with

standards set by GSA, DOD and HUD pursuant to the Architectural

Barriers Act of 1968.

(w) Public Buildings Amendments of 1988 (Pub. L. 100-678, 102 Stat.

4049). Provides, among other things, the Administrator with authority

to determine the extent to which a building constructed by GSA complies

with one of the nationally recognized model building codes. 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 rental cost of leasing such space would exceed the prospectus

threshold. Federal agencies may lease such space only if the

Administrator first determines that leasing such space is necessary to

meet requirements which cannot be met in public buildings and submits

such reasons to the Committee on Environment and Public Works of the

Senate and the Committee on Public Works and Transportation of the

House of Representatives.

(x) Federal Power Act (16 U.S.C. 791a et seq.). Regulates power

industry and appoints the Federal Power Commission.

(y) Clean Air Act of 1963 (42 U.S.C. 7401 et seq.). Requires the

utilization in Federal air control programs of all available and

appropriate facilities and resources within the Federal Government for

the prevention and abatement of air pollution.

(1) Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.).

Regulates natural gas supplies, pricing and related issues.

(2) Public Utility Regulatory Policies Act of 1978, as amended

(Pub. L. 95-617, 92 Stat. 3117). Provides for the conservation,

distribution, and development of electric, hydro-electric, natural gas

and crude oil energy resources.

(3) Powerplant and Industrial Fuel Use Act of 1978, as amended

(Pub. L. 95-620, 92 Stat. 3289). To decrease petroleum importation and

increase capability to use indigenous energy resources, among other

things.

(4) Rural Development Act of 1972 (Pub. L. 92-419, 86 Stat. 657).

Provides for improving the economy and living conditions in rural

America.

(5) Energy Policy Act of 1992 (Pub. L. 102-486, 106 Stat. 2776).

Provides for increased energy efficiency.

(6) Executive Order 12902--Energy Efficiency and Water Conservation

at Federal Facilities. Requires, among other things, each executive

agency to develop energy consumption reduction goals.

(7) Executive Order 12873--Federal Acquisition, Recycling, and

Waste Prevention. Requires, among other things, each executive agency

to incorporate waste prevention and recycling in its daily operations.

(8) Executive Order 12411--Government Work Space Management

Reforms. Requires, among other things, the heads of all Federal

executive agencies to establish programs to reduce the amount of

workspace, used or held, to that amount which is essential for known

agency missions; to produce and maintain a total inventory of work

space and related furnishings and declare excess to the Administrator

of General Services all such holdings that are not necessary to satisfy

existing or known and verified planned programs; and ensure that the

amount of office space used by each employee of the agency, or others

using agency-controlled space, is held to the minimum necessary to

accomplish the task that must be performed.

(9) Americans with Disabilities Act of 1990 (Pub. L. 101-336, 104

Stat. 327). Provides, among other things, accessibility requirements on

employment, State and local government services, buildings and

facilities.

(10) Child care services for Federal employees in Federal buildings

(40 U.S.C. 490b). Provides Federal agencies with the authority to allot

space in Federal buildings to individuals or entities who will provide

child care services to Federal employees.

(11) Executive Order 13006--Locating Federal Facilities on Historic

Properties in our Nation's Central Cities. When operationally

appropriate and economically prudent, and subject to the requirements

of Section 601 of Title VI of the Rural Development Act of 1972, as

amended, (42 U.S.C. 3122), and Executive Order 12072, when locating

Federal facilities, Federal agencies shall give first consideration to

historic properties within historic districts. If no such property is

suitable, then Federal agencies shall consider other developed or

undeveloped sites within historic districts. Federal agencies shall

then consider historic properties outside of historic districts, if no

suitable site within a district exists.

(12) Act of December 10, 1941 (40 U.S.C. 291). Requires Federal

agencies to admit seeing-eye dogs or other guide dogs accompanied by

their blind masters to any building or other property owned or

controlled by the United States.

(13) Act of July 1, 1898 (40 U.S.C. 285). Places all courthouses,

customhouses, appraiser's stores, barge offices, and other public

buildings outside of the District of Columbia and outside of military

reservations under the exclusive jurisdiction and control and in the

custody of the Administrator of General Services.

(14) The Act of June 23, 1913 (40 U.S.C. 281). Makes available

appropriations for furniture and repairs of furniture whenever the

Administrator of General Services is authorized to secure temporary

quarters for the use of Government officials pending the repair and/or

alteration of any public building under the control of the

Administrator of General Services.

(15) Act of May 14, 1948 (40 U.S.C. 130). Places the operation,

maintenance, and repair of the completed building for the use of the

United States Court of Appeals for the District of Columbia and the

United States District Court for the District of Columbia under the

control of the Administrator of General Services. The allocation of

space therein shall be vested in the chief judge of the United States

Court of Appeals for the District of Columbia and the chief judge of

the United States District Court for the District of Columbia.

(16) Federal Urban Land-Use Act (40 U.S.C. 531-535). Promotes more

harmonious intergovernmental relations

[[Page 42448]]

and encourages sound planning, zoning, and land use practices by

prescribing uniform policies and procedures in order that urban land

transactions entered into for the General Services Administration or on

behalf of other Federal agencies be consistent with zoning and land-use

practices and be made in accordance with planning and development

objectives of the local governments and local planning agencies

concerned.

(17) Section 901(b) of the Agriculture Act of 1970, 84 Stat. 1383,

as amended by section 601 of Title VI the Rural Development Act of

1972, 86 Stat. 674 (42 U.S.C. 3122(b)). Section 601 of Title VI of the

Rural Development Act of 1972 amends Section 901(b) of the Agricultural

Act of 1970. Section 601 directs the heads of all executive departments

and agencies of the Government to establish and maintain departmental

policies and procedures giving first priority to the location of new

offices and other facilities in rural areas as defined in the private

business enterprise exception in Section 306(a)(7) of the Consolidated

Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1926).

(18) Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 601a,

612a). Requires the Administrator to acquire and utilize space in

suitable buildings of historic, architectural, or cultural

significance, if feasible; to encourage the location of commercial,

cultural, educational, and recreational facilities and activities

within public buildings; to encourage public access and pedestrian

traffic into and through public buildings; to encourage the public use

of public buildings for cultural, educational, and recreational

activities.

(19) Executive Order 11507--Prevention, Control, and Abatement of

Air and Water Pollution at Federal Facilities. Requires that the

Federal Government, in the design, operation, and maintenance of its

facilities, provide leadership in the nationwide effort to protect and

enhance the quality of our air and water resources.

(20) Executive Order 11508--Providing for the Identification of

Unneeded Federal Real Property. Establishes a uniform policy for

Executive branch concerning the identification of excess real property

holdings and establishes uniform procedures to insure the prompt

identification and release by executive agencies of real property

holdings that are no longer essential to their activities and

responsibilities.

(21) Fair Housing Act, as amended (42 U.S.C. 3601 et seq.).

Provides for fair housing practices and prohibits discrimination in the

sale or rental of housing.

(22) Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

Requires, among other things, that all agencies of the executive,

legislative, and judicial branches of the Federal Government having

jurisdiction over any property or facility, or engaged in any activity

resulting in the discharge or runoff of pollutants, must comply with

all Federal, State, interstate, and local requirements, administrative

authority, and process and sanctions respecting the control and

abatement of water pollution.

(23) Office of Management and Budget Circular A-95 Revised.

Furnishes guidance to Federal agencies for cooperation with state and

local governments in the evaluation, review, and coordination of

Federal and federally assisted programs and projects.

(24) Executive Order 11724--Federal Property Council. Directs the

Administrator of General Services to conduct surveys of real property

holdings of executive agencies on a continuing basis to identify

properties which are not utilized, are underutilized, or are not being

put to their optimum use. The Administrator of General Services shall

also make reports as to which of these properties (not utilized,

underutilized, not being put to optimum use) he recommends should be

reported as excess property.

(25) Executive Order 12088--Federal Compliance with Pollution

Control Standards. Requires the head of each Executive agency to ensure

that all necessary actions are taken for the prevention, control, and

abatement of environmental pollution with respect to Federal facilities

and activities. This will entail responsibility for compliance with

applicable pollution control standards, coordination with other

agencies, and the submission of an annual plan for the control of

environmental pollution.

(26) Executive Order 13005--Empowerment Contracting. Requires the

Secretary of Commerce to develop policies and procedures to ensure that

agencies grant qualified large businesses and qualified small

businesses appropriate incentives to encourage businesses in areas of

general economic distress, in order to strengthen the economy and to

improve the efficiency of the Federal procurement system by encouraging

business development that expands the industrial base and increases

competition.

(27) Act of April 28, 1902 (40 U.S.C. 19). Requires the

Administrator of General Services to have charge of the public

buildings and grounds in the District of Columbia, and to evict any

person that is in unlawful occupation of any portion of these lands.

(28) Executive Order 12699--Seismic Safety of Federal and Federally

Assisted or Regulated New Building Construction. Requires Federal

agencies responsible for the design and construction of each new

Federal building and/or for the construction and lease of a new

building for Federal use to ensure that the building is designed and

constructed in accord with appropriate seismic design and construction

standards.

(29) Executive Order 11593--Protection and Enhancement of the

Cultural Environment. Requires Federal Agencies to direct their

policies, plans and programs in such a way that federally owned sites,

structures, and objects of historical, archaeological or archaeological

significance are preserved, restored and maintained.

Sec. 101-16.105 Policy implementation.

Each Federal Government real property services provider shall

develop its operating procedures in conformance with the policies

presented in this part for each functional area of specialization

outlined in Sec. 101-16.100(b). Also, Federal agencies shall ensure

that the provisions of any contract with private sector real property

services providers conform to the real property policy requirements of

this part.

Subpart 101-16.2--Delegation of Authority

Sec. 101-16.200 Basic policy.

The Administrator of General Services is authorized to delegate and

to authorize successive redelegations of the real property functions

vested in the Administrator to any other Federal agency. The guiding

principle in the delegation decision is whether the delegation is in

the best interest of the Government, including but not limited to

whether a delegation would be cost effective for the Government in the

delivery of space. Federal agencies must conduct their real property

functions within the parameters described within each specific

delegation of authority document, and Federal agencies may only

exercise the authority of the Administrator that is specifically

provided within the written delegation of authority document. Specific

guidance on delegations of authority is found in Secs. 101-17.202-2,

101-18.104-1(a), 101-19.501, and 101-20.106-1 of this subchapter.

Note: The ``Can't Beat GSA Leasing Program'' provides Federal

agencies with the

[[Page 42449]]

option to either use GSA when a new lease is necessary or conduct

the lease procurement themselves. This delegation includes some

conditions which agencies must meet when the procurement is not

performed by GSA. These conditions include training in lease

contracting and reporting data to GSA.

Sec. 101-16.201 Types of delegations.

Delegations of authority cover the following areas of

responsibility:

(a) Real estate leasing. (1) Section 101-18.104 of this subchapter

describes the existing types of delegations for lease acquisitions.

(2) General purpose space. The Administrator of GSA has issued a

standing delegation of authority to the heads of all Federal agencies

to accomplish all functions relating to leasing of general purpose

space for terms of up to 20 years regardless of geographic location,

subject to the conditions in the written delegation of authority

instrument.

(3) Administrative contracting officer (ACO) delegations. An ACO,

in addition to lease management authority, has limited contracting

officer authority to perform such duties as paying and withholding

lessor rent and modifying lease provisions that do not change the lease

term length or the amount of square footage under lease.

When a Federal agency elects not to exercise the delegation of

authority for general purpose space mentioned in paragraph (a) of this

section, GSA may consider granting this ACO delegation when all of the

following conditions exist:

(i) The Federal agency occupies 90 percent of the leased space or

the Federal agency has the written concurrence of 100% of rent-paying

occupants covered under the lease; and

(ii) The Federal agency has the technical capability to perform the

leasing function.

(b) Facility management. Delegates authority to Federal agencies to

accomplish functions concerned with the day-to-day operation and

management of buildings, to accomplish individual repair and alteration

projects, and to accomplish functions associated with lease management.

The types of facility management delegations include the following:

(1) Delegation of real property management and operation. Delegates

authority to Federal agencies to accomplish functions concerned with

the day-to-day operation and management of buildings. These functions

include building operations, maintenance, recurring repairs,

alterations, historic preservation, concessions, and energy management

of specified buildings subject to the conditions stated in the

delegation instrument.

(i) Delegates real property management and operation authority when

all of the following conditions exist:

(A) The Federal agency occupies at least 90 percent of the space in

the Government controlled facility or the Federal agency has the

concurrence of 100 percent of rent paying occupants; and

(B) The Federal agency satisfactorily demonstrates the ability to

perform the delegated real property management and operation

responsibilities.

(2) Individual repair and alteration project delegation. Delegates

to Federal agencies the authority to perform individual repair and

alterations projects. Repair and alterations authority is delegated to

Federal agencies for reimbursable space alteration projects up to the

simplified acquisition threshold, in accordance with Sec. 101-20.106 of

this subchapter. Repair and alterations authority may be delegated to

Federal agencies for other individual alteration projects when the

Federal agency demonstrates the ability to perform the delegated repair

and alterations responsibility and when such a delegation will promote

efficiency and economy.

(3) Delegation of lease management authority (Contracting Officer

Representative Authority). When a Federal agency elects not to exercise

the delegation of authority for general purpose space mentioned in

paragraph (a) of this section, GSA may delegate authority to a Federal

agency upon request to manage the administration of one or more lease

contracts. A delegation of lease management authority is appropriate

when all of the following conditions exist:

(i) The Federal agency occupies at least 90 percent of the space in

the lease or the Federal agency has the written concurrence of 100% of

rent-paying occupants covered under the lease; and

(ii) The Federal agency personnel satisfactorily demonstrate the

ability to perform the delegated lease management responsibilities.

(c) Disposal of real property. Delegates authority to Federal

agencies to utilize and dispose of real and related personal property

and to grant approvals and make determinations as provided for in the

delegation instrument. Disposal delegations to Federal agencies are

infrequent. Delegation of disposal authority may be appropriate where

low-value properties are involved and where the Federal agency has the

technical expertise to perform the disposition functions. GSA may grant

special delegations of authority to other Federal agencies for the

utilization and disposal of certain real property through the

procedures set forth in subpart 101-47.6.

(d) Security. Delegates authority to Federal agencies relating to

the protection of persons and property at the locations identified in

the delegation instrument. Security delegations to Federal agencies are

based upon considerations such as whether a clear and unique security

requirement exists; whether there is a critical national security

issue; whether the agency has an intelligence or law enforcement

mission; and/or whether the agency can show that the current security

contractor is ineffective.

(e) Public utilities. Delegates authority to Federal agencies to

negotiate and execute utility services contracts for the use and

benefit of the delegated agency and to intervene in utility rate

proceedings to represent the consumer interests of the Federal

Government, subject to the conditions stated in the delegation

instrument. The criteria that GSA uses in determining whether a

delegation will be issued include whether the Federal agency has the

technical expertise and adequate staffing, and whether there is an

existing areawide contract.

Subpart 101-16.3--Real Estate

Sec. 101-16.300 Basic policy.

Federal agencies must provide real estate and related services for

their use in an efficient and cost effective manner, after a

determination that suitable Government-controlled real estate is not

available.

Sec. 101-16.301 Program-specific authority.

Including, but not limited to, the Federal Property and

Administrative Services Act of 1949, as amended; Public Buildings Act

of 1959, as amended; Public Buildings Cooperative Use Act of 1976;

Uniform Relocation Assistance and Real Property Acquisition Policies

Act of 1970, as amended; the Architectural Barriers Act of 1968; the

Randolph-Sheppard Act, as amended; the National Environmental Policy

Act of 1969; the National Historic Preservation Act; Executive Order

12072, entitled ``Federal Space Management''; Executive Order 11988,

entitled ``Floodplain Management''; Executive Order 11990, entitled

``Protection of Wetlands;'' Executive Order 13006, entitled ``Locating

Federal Facilities on Historic Properties in our Nation's Central

Cities.''

[[Page 42450]]

Sec. 101-16.302 Real estate and related services.

Federal agencies must provide real estate and related services,

including leases, purchase options, building purchase, purchase of

sites, condemnation, and relocation assistance. The real estate and

related services include the following:

(a) Leases. Federal agencies must adhere to the following policies

when acquiring space by lease:

(1) Federal agencies may consider leases of privately owned land

and buildings only when needs cannot be satisfactorily met in

Government-controlled space and:

(i) Leasing proves to be more advantageous than the construction of

a new or alteration of an existing Federal building.

(ii) New construction or alteration is not warranted because

requirements in the community are insufficient or indefinite in scope

or duration.

(iii) Completion of a new building within a reasonable time cannot

be ensured.

(2) Available space in buildings under the custody and control of

the United States Postal Service (USPS) will be given priority

consideration in fulfilling Federal agency space needs.

(3) Acquisition of space by lease will be on the basis most

favorable to the Government, with due consideration to maintenance and

operational efficiency, and only at charges consistent with prevailing

scales for comparable facilities in the community.

(4) Acquisition of space by lease will be by negotiation except

where the sealed bid procedure is required by 41 U.S.C. 253(a). Except

as otherwise provided in 41 U.S.C. 253, full and open competition will

be obtained among suitable locations meeting minimum Government

requirements.

(5) When acquiring space by lease, the provisions of (101-17.205 of

this subchapter regarding determination of the location of Federal

facilities must be strictly adhered to. This implements Executive Order

12072.

(6) When acquiring space by lease, the provisions of section 110(a)

of the National Historic Preservation Act of 1966 (16 U.S.C. 470), as

amended, regarding the use of historic properties must be strictly

adhered to.

(7) Federal agencies may enter into lease agreements with any

person, copartnership, corporation, or other public or private entity,

which do not bind the Government for periods in excess of twenty years

for each such lease agreement.

(8) 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 rental cost of leasing such space would

exceed the prospectus threshold. Federal agencies may lease such space

only if the Administrator first determines that leasing such space is

necessary to meet requirements which cannot be met in public buildings

and submits such reasons to the Committee on Environment and Public

Works of the Senate and the Committee on Public Works and

Transportation of the House of Representatives.

(b) Leases with purchase options. Give consideration to leasing

with a purchase option when one or more of the following conditions

exist:

(1) When the purchase option offers economic and other advantages

to the Government and is consistent with the Government's goals;

(2) When the Government is the sole or major tenant of the

building, and has a long-term need for the property;

(3) When otherwise in the best interest of the Government.

(c) Building purchase. Evaluate buildings considered for purchase

on a case-by-case basis when one or more of the following conditions

exist:

(1) When it is economically more beneficial to own and manage the

property;

(2) When there is a long-term need for the property;

(3) When the property is an existing building, or a building

nearing completion, that can be purchased and occupied within a

reasonable time.

(4) Or when otherwise in the best interests of the Government.

(d) Purchase of sites. Locate proposed Federal buildings on sites

that are most advantageous to the United States. Factors that may be

considered include, but are not limited to, 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. Site

selections must take into consideration Executive Orders 12072 and

13006 (see Sec. 101-19.002(a) of this subchapter). In addition,

consideration will also be given to:

(1) 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 Executive Order 11724 of June 25, 1973 and subpart 101-47.8 of this

chapter.

(2) 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.

(3) Determine the environmental condition of proposed sites prior

to purchase; such 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.

(4) Consider purchase options to secure the availability of a site.

(5) Suitable sites in established civic or redevelopment centers

which are well planned and properly financed with development initiated

and insured.

(6) Policies regarding the determination of the location of Federal

facilities shall be strictly adhered to in the process of developing

building projects.

(e) Condemnation. Obtain the use of real property through the

procedures set forth in subpart 101-18.2 of this subchapter.

(f) Relocation assistance. Eligible owners and tenants of property

purchased for use by Federal agencies must receive appropriate

relocation assistance under the Uniform Relocation Assistance and Real

Property Acquisition Policies Act, 42 U.S.C. 4651-4655. The

implementing regulations are found at Sec. 105-51.005 of this chapter.

Subpart 101-16.4--Facility Management

Sec. 101-16.400 Basic policy.

Federal agencies must manage, operate, and maintain Government-

owned and leased buildings in a manner that ensures quality space and

services consistent with operational needs and that accomplish overall

Government objectives. The management, operation, and maintenance of

buildings and building systems must be cost effective, must be adequate

to meet the agencies' missions, must meet nationally recognized

standards, and must be at an appropriate level to maintain and preserve

the physical plant assets, consistent with available funding.

Sec. 101-16.401 Program-specific authority.

Including, but not limited to, the Randolph-Sheppard Act, as

amended; the Small Business Act, as amended; Executive Order 12902,

entitled ``Energy Efficiency and Water Conservation at Federal

Facilities''; and Executive Order 12873, entitled ``Federal

Acquisition, Recycling, and Waste Prevention.''

[[Page 42451]]

Sec. 101-16.402 Occupancy services.

Federal agencies must provide occupancy services for real property

assets.

(a) Federal agencies must manage, administer, and enforce the

requirements of agreements (such as Memoranda of Understanding, etc.)

and contracts that provide for the delivery of occupancy services.

(b) Federal agencies must provide occupancy services which

substantially conform to nationally recognized standards. As needed,

Federal agencies may adopt other standards for buildings and services

in federally controlled facilities in order to conform to statutory

requirements and to implement cost-reduction efforts. The occupancy

services include the following:

(1) Building services. Federal agencies must provide 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.

(2) Concessions. Federal agencies must provide concessions services

where building population supports such services and when the

availability of existing commercial services is insufficient to meet

Federal agency needs. Concessions services consist of services such as

dry cleaners, gift shops, vending facilities (onsite preparation

facilities, prepackaged facilities, sundry facilities, and vending

machines), cafeterias, employee health units, and public pay

telephones. See Randolph-Sheppard Act, as amended, and subpart 101-20.2

of this subchapter.

(3) Conservation. Federal agencies must provide programs for the

improvement of energy and water efficiency. 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).

Sec. 101-16.403 Asset services.

Federal agencies must provide asset services such as repairs (in

addition to those minor repairs identified in Sec. 101-16.402(b)(1)

entitled ``Building services'') and alterations for real property

assets. GSA must provide asset services such as modernizations for real

property assets. Asset services must be accomplished to maintain

continuity of Government operations, to provide for continued efficient

building operations, to extend the useful life of buildings and related

building systems, and to provide a quality workplace environment that

enhances employee productivity.

Subpart 101-16.5--Real Property Disposal

Sec. 101-16.500 Basic policy.

GSA must provide, in a timely, efficient, and cost effective

manner, the full range of real estate services necessary to support the

real property utilization and disposal needs of Federal agencies. Each

executive landholding agency must make surveys of real property under

its jurisdiction to identify property that is unutilized,

underutilized, or not being put to optimum use and to ensure that

adequate systems are in place to promote the effective utilization and

disposal of such real property.

Sec. 101-16.501 Program-specific authority.

Including, but not limited to, the Federal Property and

Administrative Services Act of 1949, as amended; the Stewart B.

McKinney Homeless Assistance Act; Executive Order 12512, entitled

``Federal Real Property Management;'' National Environmental Policy Act

of 1969, as amended; National Historic Preservation Act of 1966, as

amended; Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, as amended; Superfund Amendments and

Reauthorization Act of 1986, as amended.

Sec. 101-16.502 Real property disposal services.

GSA must provide for real property disposal services for real

property assets under its custody and control and for Federal agencies.

These real property disposal services include the following:

(a) Utilization of excess property. GSA must:

(1) Stimulate the identification and reporting by executive

agencies of excess real property.

(2) Achieve the maximum utilization by executive agencies, in terms

of economy and efficiency, of excess real property in order to minimize

expenditures for the purchase of real property.

(3) Provide for the transfer of excess real property among Federal

agencies, to mixed-ownership Government corporations, and to the

municipal government of the District of Columbia.

(4) Resolve conflicting transfer requests that cannot be resolved

by the involved agencies.

(b) Surveys. Each executive agency must:

(1) Survey real property under its control (including property

assigned on a permit basis to other Federal agencies, or outleased to

States, local governments, other public bodies, or private interests)

at least annually to identify property which is not needed,

underutilized, or not being put to optimum use. When other needs for

the property are identified or recognized, the agency must determine

whether continuation of the current use or another Federal or other use

would better serve the public interest, considering both the Federal

agency's needs and the property's location. In conducting each review,

Federal agencies must be guided by Sec. 101-47.801(b) of this chapter,

and other applicable General Services Administration regulations.

(2) Maintain its inventory of real property at the absolute minimum

consistent with economical and efficient conduct of the affairs of the

agency.

(3) Promptly report to GSA real property which it has determined to

be excess.

(c) Disposal of surplus property. Excess real property not needed

for further Federal use must be determined by GSA as surplus to the

needs of the Federal government and must be expeditiously made

available for acquisition by State and local governmental units and

nonprofit institutions or for sale by public advertising, negotiation,

or other disposal action. Considerations regarding availability for

public purposes based on highest and best use and estimated fair market

value must be made by GSA on a case-by-case basis. See Sec. 101-47.202-

2(b) of this chapter for the requirements for reporting excess real

property containing hazardous substance activity and, where hazardous

substance activity has been identified, Sec. 101-47.304-14 for required

information to be incorporated into Invitation for Bids/Offers to

Purchase.

(1) GSA may dispose of surplus real property by exchange for

privately owned property only--

(i) For property management considerations such as boundary

realignment or provision of access or

(ii) Where authorized by law, when the requesting Federal agency

has received approval by the Office of Management and Budget and the

appropriate oversight committees, and where the transaction offers

substantial economic or unique program advantages

[[Page 42452]]

not otherwise obtainable by any other method of acquisition.

(2) GSA may outlease surplus real property for non-Federal interim

use, pending its disposition, when both of the following conditions

exist:

(i) The lease or permit is for a period not exceeding 1 year and is

revocable on not to exceed 30 days' notice by the disposal agency; and

(ii) The use and occupancy will not interfere with, delay, or

impede the disposal of the property.

(3) GSA, or landholding Federal agencies with the approval of GSA,

may grant rights for non-Federal interim use of excess property

reported to GSA, when it is determined that such interim use is not

required for the needs of any Federal agency.

(d) Public benefit conveyances. Based on a highest and best use

analysis, GSA may designate surplus real property as available to State

and local governmental bodies and certain nonprofit institutions at up

to 100 percent public benefit discount for public benefit purposes

including education, health, park and recreation, homeless, historic

monument, public airport, highway, correctional, ports, and wildlife

conservation.

(e) Negotiated sale. GSA must obtain such competition as is

feasible under the circumstances in all negotiations of disposals and

contracts for disposal of surplus property.

(1) Negotiated sales may be made only:

(i) When the estimated fair market value of the property involved

does not exceed $15,000;

(ii) When bid prices after advertising therefore are not reasonable

(either as to all or some part of the property) or have not been

independently arrived at in open competition;

(iii) When the character or conditions of the property or unusual

circumstances make it impractical to advertise publicly for competitive

bids and the fair market value of the property and other satisfactory

terms of disposal can be obtained by negotiation;

(iv) When the disposals will be to States, Commonwealth of Puerto

Rico, possessions, political subdivisions thereof, or tax-supported

agencies therein, and the estimated fair market value of the property

and other satisfactory terms of disposal are obtained by negotiations.

Such negotiated sales to public bodies must be limited to where a

public benefit will result from a negotiated sale which would not be

realized from a competitive sale disposal (Such public purposes include

administrative offices, police stations, fire houses, and economic

development); or

(v) When negotiation is otherwise authorized by the Federal

Property and Administrative Services Act of 1949 or other law, such as:

(A) Disposals of power transmission lines for public or cooperative

power projects.

(B) Disposals for public airport utilization.

(2) Negotiated sales to public agencies must include an excess

profits clause, which usually runs for a period of 3 years, in the

offer to purchase and the conveyance document to eliminate the

potential for windfall profits to the public agencies.

(3) A negotiated sale for economic development purposes means a

transferee will develop or make substantial improvements to the

property with the intention of re-selling or leasing the property in

parcels to users to advance the community's economic benefit. This type

of negotiated sale is acceptable where the expected public benefits to

the community will be greater than the anticipated proceeds derived

from a competitive public sale.

(f) Public sales. Surplus property that is not disposed of by

public benefit discount conveyance or by negotiated sale is made

available by competitive public sale. Awards must be made on the basis

of the Government's estimate of value, price and other factors that are

most advantageous to the Government.

(g) Economy Act sales. Under the Economy Act, GSA may provide sales

services to other Federal agencies on a reimbursable basis. Even though

these agencies have their own disposal authority, they are, in many

instances, unable to dispose of/sell large real property inventories

acquired through forfeiture, loan default, and drug seizures.

Reimbursable charges must be for actual expenses and are not formulated

to create a profit to GSA. Requests for sales services from other

agencies under the Economy Act must not be accepted by GSA if they

delay or otherwise impact the accomplishment of the mission objectives

of the Federal Property and Administrative Services Act of 1949, as

amended.

(h) Appraisals. For all real property transactions requiring

appraisals, GSA must in all cases obtain, as appropriate, an appraisal

of either the fair market value or the fair annual rental value of

property available for disposal.

(1) Appraisals are not required when either of the following

conditions exist:

(i) The property is to be disposed of without monetary

consideration, or at a fixed price. This exception shall not apply to

disposals that take any public benefit purpose into consideration in

fixing the sale value of the property.

(ii) The estimated fair market value of property to be offered on a

competitive sale basis does not exceed $50,000.

(2) GSA must have the property appraised by experienced and

qualified appraisers familiar with the types of property to be

appraised.

(3) Appraisal data required for the purposes of disposing of

surplus property by negotiation under Sec. 101-16.502(e)(1)(iii), (iv),

or (v)(A) must be obtained under contractual arrangements with

experienced and qualified real estate appraisers familiar with the

types of property to be appraised. However, GSA may authorize any other

method of obtaining an estimate of the fair market value or the fair

annual rental it deems proper when the cost of obtaining such data from

a contract appraiser would be out of proportion to the expected

recoverable value of the property, or if for any other reason employing

a contract appraiser would not be in the best interest of the

Government.

Subpart 101-16.6--Design and Construction

Sec. 101-16.600 Basic policy.

GSA must provide for the highest quality of design and construction

services for the construction of new Federal facilities and for the

repair and alteration of existing Federal facilities in a timely,

efficient, and cost effective manner to support the mission of Federal

agencies. GSA must provide for Federal facilities in an architectural

style and form which is distinguished and reflects the dignity,

enterprise, vigor and stability of the Federal Government. GSA must

follow national building codes that govern Federal construction to the

maximum extent feasible, and give consideration to the requirements of

local building codes. Federal buildings must be designed to have a long

life expectancy, and must be able to accommodate continual changes due

to renovations. GSA must ensure that buildings are cost effective,

accessible to and usable by the physically handicapped, and that

building service equipment must be designed to be accessible for

maintenance, repair or replacement without causing significant

disturbance in occupied space. GSA must consider ease of operation when

selecting mechanical and electrical equipment.

Sec. 101-16.601 Program-specific authority.

Including, but not limited to, the Public Buildings Act of 1959;

[[Page 42453]]

Architectural Barriers Act of 1968; National Environmental Policy Act

of 1969; National Historic Preservation Act of 1966, as amended;

Rehabilitation Act of 1973, as amended; Americans with Disabilities Act

of 1990.

Sec. 101-16.602 Design and construction services.

GSA must provide for design and construction services for real

property assets under its custody and control for Federal agencies. The

design and construction services include the following:

(a) Site planning and landscape design. The quality of GSA site

design must be a direct extension of the building design and must make

a positive contribution to the surrounding landscape.

(1) GSA must consider all non procedural requirements of local

zoning laws. GSA must consider non procedural requirements of laws

relating to setbacks, height, historic preservation and aesthetic

qualities of a building.

(2) GSA must identify areas for future building expansion in the

architectural and site design concept for all GSA buildings where an

expansion need is identified to exist.

(3) GSA must assure that the landscape design creates a pleasant,

dynamic experience for occupants and visitors to its facilities and

that it is closely coordinated with the architectural characteristics

of the building.

(4) GSA must comply with the requirements of the National

Environmental Policy Act of 1969 for each project.

(b) Architectural and interior design. GSA must design Federal

facilities that demonstrate distinction and quality.

(1) Buildings must reflect the local architecture through the use

of building form, materials, colors, or detail. Building interiors must

express a quality of permanence similar to that of the buildings'

exterior.

(2) For new construction and major renovations, GSA must ensure

that physically handicapped persons have full access to, and use of

federally-controlled facilities in accordance with the Architectural

Barriers Act of 1968 (Uniform Federal Accessibility Standards (UFAS))

or Americans with Disabilities Act of 1990 (ADA accessibility

guidelines), whichever is more stringent. For minor renovations in

existing buildings, GSA must meet minimum UFAS requirements. A more

detailed explanation of these standards can be found in subpart 101-

19.6 of this subchapter.

(3) GSA must utilize metric specifications in construction where

metrication is the accepted industry standard, and to the extent that

such usage is economically feasible and practical.

(4) GSA must provide for the design of security systems to protect

Federal workers and visitors and to safeguard facilities against

criminal activity and/or terrorist activity. Security design must

support the continuity of government operations during civil

disturbances, natural disasters and other emergency situations.

(c) Engineering systems design. GSA must provide for engineering

systems for real property assets under its custody and control for

Federal agencies. The engineering systems include the following:

(1) Structural engineering. GSA must have the capability to

accommodate changing Federal agencies' requirements in the life cycle

of Federal buildings.

(2) Mechanical engineering. GSA must encourage the use of building

automation systems that are cost effective and enable ease of operation

in Federal buildings.

(3) Electrical engineering and communications systems. GSA must

assure that electrical and communications systems support the many

types of equipment used in Federal buildings. These systems must

provide ample capacity for increased requirements in the future.

Subpart 101-16.7--Art-in-Architecture

Sec. 101-16.700 Basic policy.

The architectural character and design of Federal buildings

occupied by Federal agencies is enhanced through the commissioning of

works of art. GSA should incorporate fine arts as an integral part of

the total building concept in the design of new Federal buildings, and

in the substantial repair and alteration of existing Federal buildings,

as appropriate. The selected fine arts, including painting, sculpture,

and artistic work in other media, must reflect the national cultural

heritage and emphasize the work of living American artists.

Sec. 101-16.701 Art-in-architecture services.

GSA may provide Art-in-architecture services for real property

assets under its custody and control. The Art-in-architecture services

include the following:

(a) Types of art. GSA must commission artwork that is diverse in

style and media.

(b) Funding. GSA funds the Art-in-architecture efforts by

allocating to it a portion of the estimated cost of constructing or

purchasing new Federal buildings, or of completing major repair and

alteration of existing buildings. Funding for qualifying projects,

including new construction, building purchases, other building

acquisition, or prospectus-level repair and alteration projects must be

in a range determined by the Administrator of General Services.

(c) Community support. To the maximum extent practicable, GSA

should seek the support and involvement of local citizens in the

selection of appropriate artwork. GSA should collaborate with the

artist and community to produce works of art that reflect the cultural,

intellectual, and historic interests and values of a community.

(d) Commissioning of art. To the maximum extent practicable, the

commissioning and selection of art in Federal buildings should be a

collaborative effort among GSA, the architect of the building, art

professionals, and the local community.

(e) Public affairs. GSA must ensure that Art-in-architecture is

given national visibility to facilitate participation by a large and

diverse group of artists representing a wide variety of types of

artwork.

Subpart 101-16.8--Historic Preservation

Sec. 101-16.800 Basic policy.

In order to protect, enhance and preserve historic and cultural

property under its control, GSA must take into account the effects of

its undertakings on historic and cultural properties, and give the

Advisory Council on Historic Preservation (Advisory Council), the State

Historic Preservation Officer (SHPO), and other consulting parties a

reasonable opportunity to comment regarding the proposed undertakings.

Historic and cultural properties are those which are included in, or

eligible for inclusion in, the National Register of Historic Places

(National Register).

(a) GSA must solicit information from consulting parties to assist

it in carrying out its responsibilities under historic and cultural

preservation laws and regulations. GSA must invite the participation of

consulting parties through its normal public notification processes.

(b) Whenever a GSA undertaking adversely affects an historic or

cultural property, all adverse impacts must be minimized to the extent

that is feasible and prudent.

[[Page 42454]]

Sec. 101-16.801 Program-specific authority.

Including, but not limited to, the National Historic Preservation

Act of 1966, as amended; the Public Buildings Cooperative Use Act of

1976; and Executive Order 13006, entitled ``Locating Federal Facilities

on Historic Properties in our Nation's Central Cities.''

Sec. 101-16.802 Historic preservation services.

GSA must provide historic preservation services for real property

assets under its custody and control. The historic preservation

services include the following:

(a) Identification of historic properties. GSA must identify all

National Register or National Register-eligible historic and cultural

properties that are under its control. Properties that may be affected

by the policies, plans, or other undertakings of GSA sponsored

activities, must be examined for the presence of historic and cultural

significance. If unable to reach agreement on eligibility with the

State Historic Preservation Officer, GSA must request a determination

of eligibility from the Keeper of the National Register (Keeper) for

properties under its control that appear to meet the criteria of

eligibility for inclusion in the National Register.

(b) Nomination to the National Register. GSA must nominate to the

National Register all properties under its control determined eligible

for inclusion in the National Register by the Keeper.

(c) Property under GSA control. (1) Real property. GSA must prepare

a Historic Building Preservation Plan for each National Register or

National Register-eligible property under its control. All reports

must, when approved by the consulting parties, become a binding

management plan for the property.

(2) Direct and leased construction. GSA must investigate for the

presence of historic and cultural factors on all proposed sites for

direct and leased construction.

(3) Leased space. Federal agencies must give consideration to

historic properties which are suitable for office space or other

commercial usage. In leasing historic property, Federal agencies gives

a preference to such leasing actions.

(d) Disposition of real property. (1) Property under the control of

GSA. GSA must review all proposed excess actions for the inclusion of

National Register or National Register-eligible properties. GSA must

not perform an undertaking which could alter, destroy, or modify an

historic or cultural property until GSA has consulted with the SHPO and

the Advisory Council.

(2) Property under another agency's jurisdiction. GSA must not

accept property declared excess by another Federal agency nor act as an

agent for transfer or sale of such properties until the holding agency

has provided evidence that the Federal agency's National Historic

Preservation Act responsibilities have been met.

(e) Locating Federal Facilities on Historic Properties in Our

Nation's Central Cities. When operationally appropriate and

economically prudent, and subject to the requirements of Section 601 of

Title VI of the Rural Development Act of 1972, as amended, (42 U.S.C.

3122), and Executive Order 12072, when locating Federal facilities,

Federal agencies shall give first consideration to historic properties

within historic districts. If no such property is suitable, then

Federal agencies shall consider other developed or undeveloped sites

within historic districts. Federal agencies shall then consider

historic properties outside of historic districts, if no suitable site

within a district exists.

Subpart 101-16.9--Assignment and Utilization of Space

Sec. 101-16.900 Basic policy.

Federal agencies must provide a quality workplace environment that

supports program operations, preserves the value of real property

assets, ensures essential requirements for Federal workspace, and

ensures the provision of child care and physical fitness facilities in

the workplace when adequately justified. Federal agencies must promote

maximum utilization of Federal workspace in order to maximize its value

to the Government.

Sec. 101-16.901 Program-specific authority.

Including, but not limited to, the Rural Development Act of 1972,

as amended; Executive Order 12072, entitled ``Federal Space

Management''; Competition in Contracting Act of 1984 (CICA), as

amended; Executive Order 12411, entitled ``Government Work Space

Management Reforms''; Executive Order 12512, entitled ``Federal Real

Property Management;'' and Executive Order 13006, entitled ``Locating

Federal Facilities on Historic Properties in our Nation's Central

Cities.''

Sec. 101-16.902 Assignment and utilization services.

Federal agencies must provide assignment and utilization services

in a manner that will maximize the value of Federal real property

resources and improve the productivity of the workers that are housed.

The assignment and utilization services include the following:

(a) Assignment of space. Federal agencies must promote the optimum

use of space for each assignment at the minimum cost to the Government,

and must ensure that quality workspace is delivered and occupied in a

timely manner.

(1) Federal agencies must assign space based on space requirements.

(2) In accordance with 40 U.S.C. 490b and Sec. 101-17.214 of this

subchapter, Federal agencies are authorized to allot space in Federal

buildings to individuals or entities who will provide child care

services to Federal employees.

(3) In accordance with 5 U.S.C. 7901 and Sec. 101-17.213 of this

subchapter, Federal agencies are authorized to allot space in Federal

buildings for establishing fitness programs.

(b) Utilization of space. Federal agencies must promote efficient

utilization of space in accordance with GSA standards. In order to

maximize the use of vacant space, Federal agencies' space needs must be

satisfied in existing Government-controlled space to the maximum extent

practical. Available space in buildings under the custody and control

of the U.S. Postal Service must also be given priority consideration.

Where there is no space need, Federal agencies must make every effort

to maximize the productive use of vacant space through out-granting

(i.e., outlease, permit, license).

Sec. 101-16.903 Location of space.

Federal agencies must give first priority to the location of new

offices and other facilities in rural areas (42 U.S.C. 3122). When

Federal agency mission and program requirements call for location in an

urban area, Federal agencies must give first consideration to central

business areas (CBAs) and other designated areas (Executive Order

12072). In accordance with the Competition in Contracting Act (CICA),

Federal agencies must consider whether restricting the delineated area

to the central business area will provide for competition when

acquiring leased space. Where it is determined that an acquisition

should not be restricted to the CBA, Federal agencies may expand the

delineated area in consultation with local officials. The CBA must

continue to be included in such expanded areas. In accordance with

Executive Order 13006, and subject to the requirements of Section 601

of Title VI of the Rural Development Act of 1972, as amended, (42

U.S.C. 3122), Executive Order 12072, and CICA (41 U.S.C. 253 et seq.),

[[Page 42455]]

when locating Federal facilities, Federal agencies shall give first

consideration to historic properties within historic districts. If no

such property is suitable, then Federal agencies shall consider other

developed or undeveloped sites within historic districts. Federal

agencies shall then consider historic properties outside of historic

districts, if no suitable site within a district exists. Each Federal

agency is responsible for identifying the delineated area within which

it wishes to locate specific activities, consistent with its mission

and program requirements, and in accordance with all applicable laws,

regulations, and Executive orders. GSA is responsible for approving the

final delineated area and shall confirm that the final delineated area

is in compliance with the requirements of all applicable laws,

regulations, and Executive orders.

Subpart 101-16.10--Safety and Environmental Management

Sec. 101-16.1000 Basic policy.

Federal agencies must provide for a safe and healthful work

environment for Federal employees and the visiting public, protect

Federal real and personal property, promote mission continuity, and

provide reasonable safeguards for emergency forces if an incident

occurs. GSA must assess risk, ensure decisionmakers are aware of risks,

and act promptly and appropriately in response to risk.

Sec. 101-16.1001 Program-specific authority.

Including, but not limited to, the Occupational Safety and Health

Act of 1970; Executive Order 12196, entitled ``Occupational Safety and

Health Programs for Federal Employees''; Environmental Protection

Agency (EPA) approved State plans; the National Environmental Policy

Act; Executive Order 11988, entitled ``Floodplain Management'';

Executive Order 11990, entitled ``Protection of Wetlands'' as amended;

Clean Air Act, as amended; the Comprehensive Environmental Response,

Compensation, and Liability Act; Executive Order 12699, entitled

``Seismic Safety of Federal and Federally Assisted or Regulated New

Building Construction''; the Solid Waste Disposal Act, as amended; and

the Toxic Substances Control Act.

Sec. 101-16.1002 Occupancy services.

GSA must provide occupancy services for real property assets. The

occupancy services include the following:

(a) Asbestos. Federal agencies must inspect and assess GSA-owned

buildings for the presence and condition of asbestos-containing

materials. Federal agencies must ensure that leased space is free of

all asbestos containing materials, except undamaged asbestos flooring

in the space or undamaged boiler or pipe insulation outside the space,

in which case an asbestos management program conforming to

Environmental Protection Agency guidance must be implemented.

(1) Federal agencies must manage in-place asbestos that is in good

condition and not likely to be disturbed.

(2) Federal agencies must abate damaged asbestos, and asbestos

likely to be disturbed. Federal agencies must perform a pre-alteration

asbestos assessment for activities that may disturb asbestos.

(3) Federal agencies must not use asbestos in new construction,

renovation/modernization or repair of GSA-owned space. Unless approved

by GSA, Federal agencies must not obtain space with asbestos through

purchase, exchange, transfer, or lease, except as identified in

paragraph (a) of this section. In situations where space is obtained

which has asbestos, an asbestos abatement program must ensure that the

asbestos will not be damaged or subject to disturbance by routine

operations, and the Federal agency must implement an asbestos

management program conforming to EPA guidance and requirements.

(4) Federal agencies must communicate all written and oral asbestos

information about the leased space to tenants.

(b) Radon. Federal agencies must abate radon in their space and

ensure that lessors abate radon in space when radon levels exceed

current EPA standards.

(1) Federal agencies must retest abated areas and ensure that

lessors retest, as required, abated areas to ensure adherence to EPA

standards.

(2) Federal agencies must test non-public water sources (in remote

areas for projects such as border stations) for radon according to EPA

guidance. Radon levels must be mitigated that exceed current applicable

EPA standards. Federal agencies must retest, as required, to ensure

adherence to EPA standards.

(c) Indoor air quality. GSA must assess indoor air quality of all

GSA-controlled buildings during GSA safety and environmental facility

assessments. Problems identified must be corrected. Federal agencies

must respond to Federal agency complaints on air quality and take

appropriate corrective action.

(d) Lead. Federal agencies must test space for lead-based paint in

renovation projects that require sanding, welding or scraping painted

surfaces. Lead based paint must not be removed from surfaces in good

condition. Federal agencies must test all painted surfaces for lead in

proposed or existing child care centers. Lead-based paint found must be

abated in accordance with Department of Housing and Urban Development

(HUD) Lead-Based Paint Guidelines. Federal agencies must test potable

water for lead in all drinking water outlets in child care centers.

Federal agencies must take corrective action when lead levels exceed

the HUD Guidelines.

(e) Hazardous materials and wastes. Federal agencies must monitor

the transport, use, and disposition of hazardous materials and waste in

GSA-controlled buildings to ensure compliance with GSA, OSHA,

Department of Transportation, EPA, and EPA-approved State and local

requirements. In leased space, Federal agencies must ensure that all

agreements with the lessor require that the leased space be free of

hazardous materials according to applicable Federal, State, and local

environmental regulations.

(f) Underground storage tanks. GSA must manage and close

underground storage tanks, including heating oil and fuel oil tanks, in

accordance with GSA, EPA, and EPA-approved State and local

requirements. GSA must require the responsible party for tanks not

owned or operated by GSA, to follow these requirements and to be

responsible for the cost of compliance.

(g) Fire prevention and fire protection engineering. Federal

agencies must follow accepted fire prevention practices in operating

and managing buildings. Federally owned buildings are generally exempt

from State and local code requirements in fire protection. Leased

buildings are subject to local requirements and inspection.

(1) GSA must identify and estimate risks and appropriate reduction

strategies for each Federal agency's building.

(2) Federal agencies must use the National Fire Protection

Association (NFPA) codes and standards as a guide for its building

operations.

(h) Facility assessments. GSA must evaluate facilities to ensure

compliance with GSA's Safety and Environmental program. These

evaluations must be conducted in accordance with schedules that are

compatible with repair and alteration and leasing operations.

(i) Risk reduction. GSA must manage the execution of risk reduction

projects. GSA regions, or Central Office, if

[[Page 42456]]

requested, must determine appropriate action for identifying hazards,

initiating corrections, conducting follow-up, and documenting actions.

(j) Incident investigation. Federal agencies must investigate all

incidents regardless of severity, e.g., fires, accidents, injuries, and

environmental incidents. Boards of Investigation must be formed, with

GSA representation, for incidents resulting in serious injury, death,

or significant property losses.

(k) Communication. Federal agencies must inform occupant Federal

agencies of the condition and management of their facility safety and

environment.

(l) Prevention. Federal agencies must ensure that fire and accident

prevention, and environmental prevention promotes clean, safe, useful,

and properly maintained and preserved facilities. These activities will

promote accident and fire prevention, and environmental practices among

GSA staff, contractors, occupant agencies, and others, as appropriate.

Sec. 101-16.1003 Federal construction and lease construction projects.

GSA must ensure that required environmental issues are assessed

throughout planning and project development. This will ensure that the

environmental impacts of a project will be considered during the

decision-making process.

Subpart 101-16.11--Security

Sec. 101-16.1100 Basic policy.

Federal agencies must provide for the security and protection of

federally owned or controlled real estate, including the protection of

persons and property.

(a) Federal agencies must, where feasible, upgrade and maintain

security standards in each federally owned facility to the minimum

standards specified in the June 28, 1995, Presidential Policy

Memorandum for Executive Departments and Agencies, entitled,

``Upgrading Security at Federal Facilities.''

(b) GSA must establish Building Security Committees composed of

representatives from each Federal agency at GSA controlled facilities.

Sec. 101-16.1101 Program-specific authority.

Including, but not limited to, the Protection of Public Property

Act.

Sec. 101-16.1102 Law enforcement.

Federal agencies must manage, administer, and operate law

enforcement functions to support their mission to protect real property

assets, as well as occupants and visitors to federally owned or

controlled facilities.

Sec. 101-16.1103 Security services.

Federal agencies must provide security services, including physical

security, contract guard administration, training, and security

systems. The security services include the following:

(a) Physical security. GSA must determine the specific type of

security and physical protection for each building, facility, or space

under its custody and control, including standards for the location and

special security needs of day care centers.

(b) Contract guard administration. Federal agencies must allow

contract guards to work in federally owned or controlled facilities

only under direct supervision prior to obtaining the appropriate

background investigations. Federal agencies must administer guard

contracts and monitor and inspect contract guard personnel on a

recurring basis.

(c) Training. Federal agencies must ensure the management,

development, and implementation of mission related training for its

special police officers.

(1) Federal agencies must ensure that security training takes into

account the possibility of the threat of terrorism, terrorist attacks,

or other acts of violence at federally controlled facilities.

(2) Federal agencies must ensure that the level of training

received by contract guards meets or exceeds the Federal Protective

Service (FPS) contract guard standards. These standards include 80

hours of classroom training on security related topics, First-Aid/CPR

training/certification, and firearms training. Contract guard

responsibilities include controlling building access at fixed

positions, providing initial security screens, operating screening

equipment, providing a patrol presence, and reporting incidents. The

level of training required by FPS Police Officers include 8 weeks of

law enforcement and security training at the Federal Law Enforcement

Training Center (FLETC), chemical spray training, expandable baton

training, 40 hours of in-service training on law enforcement topics on

an annual basis, First-Aid/CPR training/certification, and 80 hours of

refresher training at FLETC every 3 years. FPS Police Officer

responsibilities include detaining suspects, arrest, investigating

incidents, providing a patrol presence, responding to calls, monitoring

guards, educating tenants, and performing safety and crime prevention

activities.

(d) Security systems. GSA must maintain communication control

centers to protect Federal workers and visitors and to safeguard

facilities against criminal activity. GSA must maintain a physical

security data base of all Federal office buildings.

Subpart 101-16.12--Public Utilities

Sec. 101-16.1200 Basic policy.

Federal agencies must provide services that ensure and promote

economy and efficiency in the procurement of public utility services.

Sec. 101-16.1201 Program-specific authority.

Including, but not limited to, the Federal Power Act of 1920, as

amended; Public Utility Holding Company Act of 1935, as amended; Clean

Air Act of 1963, as amended; National Environmental Policy Act of 1969;

Natural Gas Policy Act of 1978, as amended; Public Utility Regulatory

Policy Act of 1978, as amended; The Small Business Act (SBA), as

amended by Pub. L. 95-507; Powerplant and Industrial Fuel Use Act of

1978, as amended; Energy Policy Act of 1992, as amended; Executive

Order 12902, entitled ``Energy Efficiency and Water Conservation at

Federal Facilities''; and ``Federal Energy Regulatory Commission and

Environmental Protection Agency'' rulings.

Sec. 101-16.1202 Public utilities services.

Federal agencies must provide rate intervention and utility

contracting services for public utilities. GSA must provide technical

assistance services for public utilities. The public utility services

include the following:

(a) Rate intervention. Federal agencies must provide for

representation in proceedings involving public utilities before Federal

and state regulatory bodies.

(b) Utility contracts. Federal agencies must provide for the

procurement of utility services (such as commodities and utility rebate

programs), as required, and must procure from sources of supply that

are the most advantageous to the Federal Government in terms of

economy, efficiency, reliability, or quality of service.

(c) Technical assistance services. GSA must make available

technical assistance or acquisition information on public utilities to

other Federal agencies, mixed ownership Federal Government

corporations, and the District of Columbia.

Dated: July 31, 1997.

David L. Bibb,

Acting Associate Administrator for Governmentwide Policy.

[FR Doc. 97-20650 Filed 8-6-97; 8:45 am]

BILLING CODE 6820-23-P