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APPENDIX TO SUBCHAPTER D-TEMPORARY REGULATIONS (EDITORIAL NOTE: The following is a list of temporary regulations, except delegations of authority, which relate to Federal property

management and are in effect as of the revision date of this volume. The full text of these temporary regulations appears following this table.)

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Adquisition and Realty Services (PE), Washington, DC 20405.

4. Effect on other directives. This interim rule amends 41 CFR part 101-17 by deleting all subparts and sections in their entirety and by adding a new $ 101–17.205 entitled “LOcation of Space.”

Dated: April 21, 1992.
David J. Barram,
Acting Administrator of General Services

ATTACHMENT A

To: Heads of Federal Agencies
Subject: Assignment and utilization of space

1. Purpose. This interim rule, initially published in the FEDERAL REGISTER March 7, 1996, began the process of replacing part 101– 17 of the Federal Property Management Regulations (FPMR). The rule repealed the outdated and superseded permanent FPMR part 101-17 and provided new guidance concerning the location of Federal facilities in urban areas. The rule expired on March 7, 1997. This supplement extends the interim rule indefinitely.

2. Effective date. March 8, 1997. Comments should be submitted on or before 30 calendar days following publication in the FEDERAL REGISTER.

3. Comments. Comments should be submitted to the General Services Administration, Public Buildings Service, Office of Property

"Subchapter D-Public Buildings and Space

PART 101-17-ASSIGNMENT AND

UTILIZATION OF SPACE

8101-17.205 Location of space

(a) Each Federal agency is responsible for identifying its geographic service area and the delineated area within which it wishes to locate specific activities, consistent with its mission and program requirements, and in accordance with all applicable statutes, regulations and policies. Specifically, under the Rural Development Act of 1972, as amended, 42 U.S.C. $3122, agencies are required to give first priority to the location of new offices and other facilities in rural areas. When agency mission and program requirements call for location in an urban area, agencies must comply with Executive Order 12072, August 16, 1978, 3 CFR 213 (1979), which requires that first consideration be given to central business areas (CBAS) and other designated areas. The agency shall submit to GSA a written statement explaining the basis for the delineated area.

(b) GSA shall survey agencies' mission, housing, and location requirements in a community and include these considerations in community-based policies and plans. These plans shall provide for the location of federally-owned and leased facilities, and other interests in real property including purchases, at locations which represent the best overall value to the Government consistent with agency requirements.

(c) Whenever practicable and cost-effective, GSA will consolidate elements of the same agency or multiple agencies in order to achieve the economic and programmatic benefits of consolidation.

(d)(1) GSA will consult with local officials and other appropriate Government officials and consider their recommendations for, and review of, general areas of possible space or site acquisition. GSA will advise local officials of the availability of data on GSA plans and programs, and will agree upon the exchange of planning information with local officials. GSA will consult with local officials to identify CBAS.

(2) With respect to an agency's request for space in an urban area, GSA shall provide appropriate Federal, State, regional, and local officials such notice as will keep them reasonably informed about GSA's proposed space action. For all proposed space actions with delineated areas either partially or wholly outside the CBA, GSA shall consult with such officials by providing them with written notice, by affording them a proper opportunity to respond, and by considering all recommendations for and objections to the proposed space action. All contacts with such officials relating to proposed space actions must be appropriately documented in the official procurement file.

(e) GSA is responsible for reviewing an agency's delineated area to confirm that, where appropriate, there is maximum use of existing Government-controlled space and that established boundaries provide competition when acquiring leased space.

(f) In satisfying agency requirements in an urban area, GSA will review an agency requested delineated area to ensure that the area is within the CBA. If the delineated area requested is outside the CBA, in whole

or part, an agency must provide written justification to GSA setting forth facts and considerations sufficient to demonstrate that first consideration has been given to the CBA and to support the determination that the agency program function(s) involved cannot be efficiently performed within the CBA.

(8) Agency justifications for locating outside CBAs must address, at a minimum, the efficient performance of the missions and programs of the agencies, the nature and function of the facilities involved, the convenience of the public served, and the maintenance and improvement of safe and healthful working conditions for employees.

(h) GSA is responsible for approving the final delineated area. As the procuring agency, GSA must conduct all acquisitions in accordance with the requirements of all applicable laws, regulations, and Executive orders. GSA will review the identified delineated area to confirm its compliance with all applicable laws, regulations, and Executive orders, including the Rural Development Act of 1972, as amended, the Competition in Contracting Act, as amended, 41 U.S.C. $S252-266, and Executive Order 12072.

(1) Executive Order 12072 provides that "space assignments shall take into account the management needs for consolidation of agencies or activities in common or adjacent space in order to improve administration and management and effect economies." Justifications that rely on consolidation or adjacency requirements will be carefully reviewed for legitimacy.

(j) Executive Order 12072 directs the Administrator of General Services to “[e]nsure, in cooperation with the heads of Executive agencies, that their essential space requirements are met in a manner that is economically easible and prudent." Justifications that rely on budget or other fiscal restraints for locating outside the CBA will be carefully reviewed for legitimacy.

(k) Justifications based on executive or personnel preferences or other matters which do not have a material and significant adverse impact on the efficient performance of agency program functions are not acceptable.

(1) In accordance with the Competition in Contracting Act, GSA may consider whether restricting the delineated area to the CBA will provide for competition when acquiring leased space. Where it is determined that an acquisition should not be restricted to the CBA, GSA may expand the delineated area in consultation with the requesting agency and local officials. The CBA must continue to be included in such an expanded area.

(mn) If, based on its review of an agency's requested delineated area, GSA concludes that changes are appropriate, GSA will discuss its recommended changes with the requesting agency. If after discussions the requesting agency does not agree with GSA'S delineated area recommendation, the agency may take the steps described below. If an agency elects to request a review of the GSA's delineated area recommendation, GSA will continue to work on the requirements development and other activities related to the requesting agency's space request. GSA will not issue a solicitation to satisfy an agency's space request until all requested reviews have been resolved.

(1) For space actions of less than 25,000 square feet, an agency may request a review of GSA's delineated area recommendation by submitting a written request to the responsible Assistant Regional Administrator for the Public Buildings Service. The request for review must state all facts and other considerations and must justify the requesting agency's proposed delineated area in light of Executive Order 12072 and other applicable statutes, regulations, and policies. The Assistant Regional Administrator will issue a decision within fifteen (15) working days. The decision of the Assistant Regional Administrator will be final and conclusive.

(2) For space actions of 25,000 square feet or greater, a requesting agency may request a review of GSA'S delineated area recommendation by submitting a written request to the Commissioner of the Public Buildings Service that the matter be referred to an interagency council for decision. The interagency council will be established specifically to consider the appeal and will be comprised of the Administrator of General Services or his/her designee, the Secretary of Housing and Urban Development, or his/her designee, and such other Federal official(s) as the Administrator may appoint.

(n) The presence of the Federal Government in the National Capital Region (NCR) is such that the distribution of Federal installations will continue to be a major influence in the extent and character of development. These policies shall be applied in the GSA National Capital Region, in conjunction with regional policies established by the National Capital Planning Commission and consistent with the general purposes of the National Capital Planning Act of 1959 (66 Stat. 781), as amended. These policies shall

guide the development of strategic plans for the housing of Federal agencies within the National Capital Region.

(0) Consistent with the policies cited in paragraphs (a), (b), (c) and (e) above, the use of buildings of historic architectural, or cultural significance within the meaning of section 105 of the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) will be considered as alternative sources for meeting Federal space needs.

(p) As used in $101–17.205, the following terms have the following meanings:

(1) “CBA” means the centralized community business area and adjacent areas of similar character, including other specific areas which may be recommended by local officials in accordance with Executive order 12072.

(2) “Delineated area" means the specific boundaries within which space will be obtained to satisfy an agency space requirement.

(3) "Rural area" means any area that (i) is within a city or town if the city or town has a population of less than 10,000 or (ii) is not within the outer boundaries of a city or town if the city or town has a population of 50,000 or more and if the adjacent urbanized and urbanizing areas have a population density of more than 100 per square mile.

(4) "Urban area" means any Metropolitan Area (MA) as defined by the Office of Management and Budget (OMB) and any non-MA that meets one of the following criteria:

(1) A geographical area within the jurisdiction of any incorporated city, town, borough, village, or other unit of general local government, except county or parish, having a population of 10,000 or more inhabitants.

(ii) That portion of the geographical area within the jurisdiction of any county, town, township, or similar governmental entity which contains no incorporated unit of general local government, but has a population density equal to or exceeding 1,500 inhabitants per square mile; or

(iii) That portion of any geographical area having a population density equal to or exceeding 1,500 inhabitants per square mile and situated adjacent to the boundary of any incorporated unit of general local government which has a population of 10,000 or more inhabitants. (Reference: Intergovernmental Cooperation Act of 1968, 40 U.S.C. 535.)

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101–25.201 General. 101-25.202 Factors to be used to determine

assignment of purchase responsibility. 101-25.203 Centralized purchases by GSA. 101-25.204 Centralized purchases by des

ignated executive agencies under authority delegated by the Administrator o

General Services. 101-25.205 Arrangement for performance of

purchasing functions other than central

ized. 101-25.206 Independent purchases by execu

tive agencies.

Subpart 101-25.3-Use Standards

101-25.301 General. 101-25.302 Office furniture, furnishings, and

equipment. 101–25.302-1 [Reserved) 101-25.302–2 Filing cabinets. 101-25.302-3-101–25.302-4 (Reserved] 101-25.302–5 Carpeting. 101–25.302-6 (Reserved] 101-25.302-7 Draperies.

Subpart 101-25.4-Replacement Standards

101-25.100 Use of Government personal prop

erty and nonpersonal services. 101–25.101 Criteria for determining method

of supply. 101–25.101-1 General. 101–25.101-2 Supply through storage and

issue. 101–25.101-3 Supply through

through consolidated purchase for direct delivery to use

points. 101-25.101-4 Supply through indefinite quan

tity requirement contracts. 101-25.101–5 Supply through local purchase. 101-25.102 Exchange or sale of personal prop

erty for replacement purposes. 101-25.103 Promotional materials, trading

stamps, or bonus goods. 101-25.103-1 General. 101-25.103-2 Promotional material received

in conjunction with official travel from transportation companies, rental car companies, or other commercial activi

ties. 101-25.103-3 Trading stamps or bonus goods

received from contractors. 101-25.103-4 Disposition of promotional ma

terials, trading stamps, or bonus goods 101-25.104 Acquisition of office furniture and

office machines. 101–25.104–1 Redistribution, repair, or reha

bilitation. 101-25.105 [Reserved] 101–25.106 Servicing of office machines. 101-25.107 Guidelines for requisitioning and

proper use of consumable or low cost

items, 101–25.108 Multiyear subscriptions for publi

cations. 101-25.109 Laboratory and research equip

ment. 101-25.109_1 Identification of idle equip

ment. 101-25.109-2 Equipment pools. 101-25.110 Tire identification/registration

program. 101–25.110-1 [Reserved] 101-25.110-2 Tires obtained through Federal

Supply Schedules or regional term con

tracts. 101-25.110-3 Tires accompanying new motor

vehicles. 101-25.110-4 Recordkeeping responsibilities.

101-25.401 General. 101-25.402 Motor vehicles. 101-25.403 [Reserved] 101–25.404 Furniture. 101-25.404-1 Limitation. 101–25.405 Materials handling equipment.

Subpart 101-25.5-Guidelines for Making

Purchase or Lease Determinations

101-25.500 Scope of subpart. 101-25.501 General. 101-25.501-1 Acquisition considerations. 101-25.501–2 Cost comparison methods. 101-25.501-3 Reviewing application of guide

lines. 101–25.502 Methods of acquisition. 101-25.502-1 Purchase method. 101-25.502–2 Lease method. 101-25.503 [Reserved) 101–25.504 Office copying machines.

Subparts 101-25.6-101-25.49 [Reserved)

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

8 101–25.000 Scope of subchapter.

This subchapter provides policies and guidelines pertaining to the general area of supply management designed to support the logistical programs of the Federal Government. It consists of parts 101-25 through 101-34 and provides for applicability of coverage within each of these several parts.

ments of the Government. It is directly applicable to executive agencies, and other Federal agencies are requested to observe these criteria in conducting their supply operations.

(b) As used in this $101-25.101, the term use point means a storeroom or other redistribution point where supplies, materials, or equipment representing more than a 30-day supply are maintained primarily for issue directly to consumers within the local area, as distinguished from storage points where supplies and equipment are issued to redistribution points.

• [29 FR 13256, Sept. 24, 1964)

8 101–25.001 Scope of part.

This part provides policies and guidelines pertaining to subject matter in the general area of supply management which is not appropriate for coverage in other parts of this subchapter E.

8 101-25.101-2 Supply through storage

and issue.

[29 FR 13256, Sept. 24, 1964)

Subpart 101-25.1-General

Policies

SOURCE: 29 FR 13256, Sept. 24, 1964, unless otherwise noted.

8 101-25.100 Use of Government per

sonal property and nonpersonal

services. Except in emergencies, Government personal property and nonpersonal services shall be used only for those purposes for which they were obtained or contracted for or other officially designated purposes. Emergency conditions are those threatening loss of life and property. As used in this section nonpersonal services means those contractual services, other than personal and professional services (as defined in 40 U.S.C. 472). This includes property and services on interagency loan as well as property leased by agencies. Agency heads shall ensure that the provisions of this $101-25.100 are enforced to restrict the use of Government property/services to officially designated activities.

The following criteria shall govern in determining whether an item can be most advantageously supplied through storage and issue to use points:

(a) The item shall be physically adaptable to storage and issue and of such a character that it is feasible to forecast overall requirements of the use points served with reasonable accuracy;

(b) Rate of use and frequency of ordering at use points shall be sufficient to warrant storage and issue;

(c) The rate of deterioration or obsolescence shall be sufficiently low to avoid unnecessary loss; and

(d) Conditions exist where any of the following factors require supply through storage and issue (except that dangerous commodities of high weight and density, or commodities highly susceptible to damage normally should not be considered for supply through storage and issue unless one or more of such factors are determined to be of overriding importance)

(1) Where price advantage through bulk buying is sufficient to render storage and issue more economical, all costs, both direct and indirect, considered.

(2) Where close inspection or testing is necessary to secure quality, or where repetitive inspection and test of small lots are prohibitive from the standpoint of cost or potential urgency of need.

(3) Where advance purchase and storage are necessitated by long procurement leadtime.

[40 FR 29818, July 16, 1975)

§ 101-25.101 Criteria for determining

method of supply.

§ 101–25.101-1 General.

(a) This $ 101–25.101 prescribes general criteria governing selection of the appropriate methods of supply to be utilized in meeting the planned require

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