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CHAPTER 105–GENERAL SERVICES

ADMINISTRATION

Part 105-1 105-8

Page 151

153

105-50

164

105-51

105-53 105-54 105-55 105-56

169 169 176 187

191 196

105-57 105 60

Introduction
Enforcement of nondiscrimination on the basis of
handicap in programs or activities conducted by

General Services Administration
Provision of special or technical services to State

and local units of government
Uniform relocation assistance and real property

acquisition for Federal and federally assisted
programs
Statement of organization and functions
Advisory committee management
Collection of claims owed the United States
Salary offset for indebtedness of General Services

Adminstration employees to the United States ...
Collection of debts by tax refund offset .......
Public availability of agency records and informa-

tional materials
Document security and declassification
Regulations implementing the Privacy Act of 1974
Sale of personal property
Governmentwide debarment and suspension (non-

procurement) and governmentwide requirements

for drug-free workplace (grants)
New restrictions on lobbying
Implementation of the Program Fraud Civil Rem-

edies Act of 1986 ...
Uniform administrative requirements for grants

and cooperative agreements with State and local

governments
Uniform administrative requirements for grants

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

tions
Standards of conduct

105-62 105 64 10567 105-68

197 214 219 228

229 248

105 69 105–70

259

105–71

274

105–72

301 328

105-735

PART 105-1-INTRODUCTION

procedures of interest to other agencies and the general public and are prescribed by the Administrator of General Services in this chapter 105.

Sec. 105–1.000–50 Scope of part.

Subpart 105-1.1-Regulations System

105–1.100 Scope of subpart. 105–1.101 General Services Administration

Property Management Regulations. 105-1.101-50 Exclusions. 105–1.102 Relationship of GSPMR to FPMR. 105–1.104 Publication of GSPMR. 105–1.106 Applicability. 105–1.109 Numbering. 105–1.109–50 General plan. 105-1.109-51 Arrangement. 105-1.109–52 Cross-references. 105–1.110 Deviation. 105–1.150' Citation.

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

SOURCE: 39 FR 25231, July 9, 1974, unless otherwise noted.

$ 105–1.101-50 Exclusions.

(a) Certain GSA property management and related policies and procedures which come within the scope of this chapter 105 nevertheless may be excluded therefrom when there is justification. These exclusions may include the following categories:

(1) Subject matter that bears a security classification;

(2) Policies and procedures that are expected to be effective for a period of less than 6 months;

(3) Policies and procedures that are effective on an experimental basis for a reasonable period;

(4) Policies and procedures pertaining to other functions of GSA as well as property management functions and there is need to make the issuance available simultaneously to all GSA employees involved; and

(5) Where speed of issuance is essential, numerous changes are required in chapter 105, and all necessary changes cannot be made promptly.

(b) Property management policies and procedures issued in other than the FPMR system format under paragraphs (a)(4) and (5) of this section, shall be codified into chapter 105 at the earliest practicable date, but in any event not later than 6 months from date of issuance.

$ 105–1.000–50 Scope of part.

This part describes the method by which the General Services Administration (GSA) implements and supplements the Federal Property Management Regulations (FPMR) and implements certain regulations prescribed by other agencies. It contains procedures that implement and supplement part 101-1 of the FPMR.

Subpart 105-1.1-Regulations

System

$ 105–1.100 Scope of subpart.

This subpart establishes the General Şervices Administration Property Management Regulations (GSPMR) and provides certain introductory material.

$ 105–1.101 General Services Adminis

tration Property Management Reg

ulations. The General Services Administration Property Management Regulations (GSPMR) include the GSA property management policies and procedures which, together with the Federal Property Management Regulations, certain regulations prescribed by other agencies, and various GSA orders govern the management of property and records and certain related activities of GSA. They may contain policies and

$ 105–1.102 Relationship of GSPMR to

FPMR. (a) GSPMR implement and supplement the FPMR and implement certain other regulations. They are part of the General Services Administration Regulations System. Material published in the FPMR (which has Governmentwide applicability) becomes effective throughout GSA upon the effective date of the particular FPMR material. In general, the FPMR that are implemented and supplemented shall not be repeated, paraphrased, or otherwise restated in chapter 105.

(b) Implementing is the process of expanding upon the FPMR or other Government-wide

regulations.

194-167

D-01--6

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 devi on (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.

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.

$105–1.104 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.

$ 105–1.109-52 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).

$ 105–1.109 Numbering.

$ 105–1.109–50 General plan.

Chapter 105 is divided into parts, subparts, and further subdivisions as necessary.

$ 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.

§ 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

(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. 105-8.170_4 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. 105–8.104–105-8.109 [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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