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CHAPTER 105—GENERAL SERVICES

ADMINISTRATION

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Part
105–1 Introduction .....
1058 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

General Services Administration .................. 105-50 Provision of special or technical services to State

and local units of government ......... 105–51 Uniform relocation assistance and real property

acquisition for Federal and federally assisted

programs .......................................... 105–53 Statement of organization and functions ..... 105–54 Advisory committee management 105-55 Collection of claims owed the United States .......... 105-56 Salary offset for indebtedness of General Services

Adminstration employees to the United States ... 105-57 Collection of debts by tax refund offset ........ 105-60 Public availability of agency records and informational materials .......

.... 105-62 Document security and declassification 105-64 Regulations implementing the Privacy Act of 1974 105-67 Sale of personal property .............

.... 105 68 Governmentwide debarment and suspension (non

procurement) and governmentwide requirements

for drug-free workplace (grants) ............. 105-69 New restrictions on lobbying ........... 105–70 Implementation of the Program Fraud Civil Rem

edies Act of 1986 .......... 105–71 Uniform administrative requirements for grants

and cooperative agreements with State and local

governments ............
105–72 Uniform administrative requirements for grants

and agreements with institutions of higher edu-
cation, hospitals, and other non-profit organiza-

tions
105–735 Standards of conduct

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PART 105-1—INTRODUCTION

procedures of interest to other agencies

and the general public and are preSec.

scribed by the Administrator of Gen105–1.000-50 Scope of part.

eral Services in this chapter 105. Subpart 105-1.1-Regulations System 8106–1.101-50 Exclusions. 105–1.100 Scope of subpart.

(a) Certain GSA property manage105–1.101 General Services Administration ment and related policies and proce

Property Management Regulations. dures which come within the scope of 105–1.101-50 Exclusions.

this chapter 105 nevertheless may be 105–1.102 Relationship of GSPMR to FPMR.

excluded therefrom when there is jus105–1.104 Publication of GSPMR.

tification. These exclusions may in105–1.106 Applicability. 105–1.109 Numbering.

clude the following categories: 105–1.109-50 General plan.

(1) Subject matter that bears a secu105–1.10951 Arrangement.

rity classification; 105–1.109-52 Cross-references.

(2) Policies and procedures that are 105–1.110 Deviation.

expected to be effective for a period of 105–1.150 Citation.

less than 6 months; AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 (3) Policies and procedures that are U.S.C. 486(c).

effective on an experimental basis for a SOURCE: 39 FR 25231, July 9, 1974, unless reasonable period; otherwise noted.

(4) Policies and procedures pertaining

to other functions of GSA as well as $ 105–1.000-50 Scope of part.

property management functions and This part describes the method by there is need to make the issuance which the General Services Adminis available simultaneously to all GSA tration (GSA) implements and supple- employees involved; and ments the Federal Property Manage- (5) Where speed of issuance is essenment Regulations (FPMR) and imple- tial, numerous changes are required in ments certain regulations prescribed chapter 105, and all necessary changes by other agencies. It contains proce cannot be made promptly. dures that implement and supplement (b) Property management policies part 101-1 of the FPMR.

and procedures issued in other than the

FPMR system format under paragraphs Subpart 105-1.1-Regulations (a)(4) and (5) of this section, shall be System

codified into chapter 105 at the earliest

practicable date, but in any event not $ 105–1.100 Scope of subpart.

later than 6 months from date of This subpart establishes the General

issuance. Services Administration Property

8 105–1.102 Relationship of GSPMR to Management Regulations (GSPMR)

FPMR. and provides certain introductory material.

(a) GSPMR implement and supple

ment the FPMR and implement certain $ 105–1.101 General Services Adminis other regulations. They are part of the

tration Property Management Reg General Services Administration Reguulations.

lations System. Material published in The General Services Administration the FPMR (which has Governmentwide Property Management Regulations applicability) becomes effective (GSPMR) include the GSA property throughout GSA upon the effective management policies and procedures date of the particular FPMR material. which, together with the Federal Prop- In general, the FPMR that are impleerty Management Regulations, certain mented and supplemented shall not be regulations prescribed by other agen- repeated, paraphrased, or otherwise recies, and various GSA orders govern stated in chapter 105. the management of property and (b) Implementing is the process of exrecords and certain related activities panding upon the FPMR or other Govof GSA. They may contain policies and ernment-wide

regulations.

ment are recodified as part 105–54 to place them in the appropriate subject area category. Regulations on standards of conduct remain in part 105–735 because the number 735 identifies regulations of the U.S. Civil Service Commission and various civil agencies on this subject.

$105–1.109_52 Cross-references.

(a) Within chapter 105, cross-references to the FPMR shall be made in the same manner as used within the FPMR. Illustrations of cross-references to the FPMR are:

(1) Part 101–3;
(2) Subpart 101-3.1;
(3) $101–3.413–5.

(b) Within chapter 105, cross-references to parts, subparts, sections, and subsections of chapter 105 shall be made in a manner generally similar to that used in making cross-references to the FPMR. For example, this paragraph would be referenced as $105– 1.109-52(b).

Supplementing is the process of prescribing material for which there is no counterpart in the Government-wide regulations.

(c) GSPMR may deviate from the regulations that are implemented when a deviation (see $105–1.110) is authorized in and explicitly referenced to such regulations. Where chapter 105 contains no material implementing the FPMR, the FPMR shall govern. § 105–1.104 Publication of GSPMR.

(a) Most GSPMR are published in the FEDERAL REGISTER. This practice helps to ensure that interested business concerns, other agencies, and the public are apprised of GSA policies and procedures pertaining to property and records management and certain related activities.

(b) Most GSPMR are published in cumulative form in chapter 105 of title 41 of the Code of Federal Regulations. The FEDERAL REGISTER and title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. $ 105–1.106 Applicability.

Chapter 105 applies to the management of property and records and to certain other programs and activities of GSA. Unless otherwise specified, chapter 105 applies to activities outside as well as within the United States. $ 105–1.109 Numbering. $ 105–1.109 50 General plan.

Chapter 105 is divided into parts, subparts, and further subdivisions as necessary. 8 105–1.109-51 Arrangement.

(a) Parts 105–2 through 105-49 are used for GSPMR that implement regulations in the corresponding parts of chapter 101. This practice results in comparable grouping by subject area without establishment of subchapters.

(b) Parts 105-50 and above are used for GSPMR that supplement regulations in the FPMR and implement regulations of other agencies. Part numbers are assigned so as to accomplish a similar subject area grouping. Regulations on advisory committee manage

8 105–1.110 Deviation.

(a) In the interest of establishing and maintaining uniformity to the greatest extent feasible, deviations; i.e., the use of any policy or procedure in any manner that is inconsistent with a policy or procedure prescribed in the Federal Property Management Regulations, are prohibited unless such deviations have been requested from and approved by the Administrator of General Services or his authorized designee. Deviations may be authorized by the Administrator of General Services or his authorized designee when so doing will be in the best interest of the Government. Request for deviations shall clearly state the nature of the deviation and the reasons for such special action.

(b) Requests for deviations from the FPMR shall be sent to the General Services Administration for consideration in accordance with the following:

(1) For onetime (individual) deviations, requests shall be sent to the address provided in the applicable regulation. Lacking such direction, requests shall be sent to the Administrator of General Services, Washington, DC 20405.

(2) For class deviations, requests shall be sent to only the Administrator of General Services. (55 FR 1673, Jan. 18, 1990) $ 105–1.150 Citation.

(a) In formal documents, such as legal briefs, citations of chapter 105 material shall include a citation to title 41 of the Code of Federal Regulations or other titles as appropriate; e.g., 41 CFR 105–1.150.

(b) Any section of chapter 105, for purpose of brevity, may be informally identified as “GSPMR” followed by the section number. For example, this paragraph would be identified as “GSPMR 105–1.150(b).”

105-8.161—105–8.169 [Reserved] 105-8.170 Compliance procedures. 105–8.170–1 Applicability. 105-8.170–2 Employment complaints. 105–8.170–3 Responsible Official. 105-8.1704 Filing a complaint. 105-8.170–5 Notification to the Architectural

and Transportation Barriers Compliance

Board. 105-8.170-6 Acceptance of complaint. 105-8.170–7 Investigation/conciliation. 105-8.170–8 Letter of findings. 105-8.170-9 Filing an appeal. 105-8.170-10 Acceptance of appeals. 105-8.170-11 Hearing. 105–8.170-12 Decision. 105–8.170–13 Delegation. 105-8.171 Complaints against an occupant

agency. AUTHORITY: 29 U.S.C. 794.

SOURCE: 56 FR 9871, Mar. 8, 1991, unless otherwise noted.

PART 105-8-ENFORCEMENT OF

NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY GENERAL SERVICES ADMINISTRATION

$ 105–8.101 Purpose.

The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service.

$ 105–8.102 Application.

This part applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States.

Sec. 105-8.101 Purpose. 105-8.102 Application. 105 8.103 Definitions. 105-8.104105-8.109 (Reserved] 105-8.110 Self-evaluation. 105 8.111 Notice. 105 8.112-105-8.129 (Reserved] 105-8.130 General prohibitions against dis

crimination. 105-8.131—105-8.139 (Reserved] 105–8.140 Employment. 105 8.141—105-8.147 (Reserved] 105-8.148 Consultation with the Architec

tural and Transportation Barriers Com

pliance Board. 105-8.149 Program accessibility: Discrimina

tion prohibited. 105-8.150 Program accessibility: Existing fa

cilities. 105-8.150-1 General. 105 8.150-2 Methods. 105-8.150-3 Time period for compliance. 105-8.150-4 Transition plan. 105 8.151 rogram accessibility: New con

struction and alterations. 105–8.152 Program accessibility: Assignment

of space. 105-8.153 Program accessibility: Interagency

cooperation. 105 8.153-1 General. 105-8.153–2 Requests from occupant agen

cies. 105-8.154 Program accessibility: Exceptions. 105–8.155—105-8.159 (Reserved] 105-8.160 Communications.

$ 105–8.103 Definitions. For purposes of this part, the term

Agency means the General Services Administration (GSA), except when the context indicates otherwise.

Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice.

Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in and enjoy the benefits of programs or activities conducted by GSA. For example, auxiliary aids useful for persons with impaired vision include readers, Brailed materials, audio

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