(e) Fencing, or other physical barrier, should be kept in repair sufficiently to afford protection against unauthorized entry.

5. Utilities.

(a) At inactive properties, water systems, sewage disposal systems, electrical distribution systems, etc., should be maintained only to the extent necessary to provide the minimum services required. Buildings or areas not requiring electrical service or water should be deenergized electrically and the water valved off. Utilities not in use, or which are serving dismantled or abandoned structures, should not be maintained.

(b) At active properties, water supply, electrical power, and sewage disposal facilities frequently must be operated at rates much below designed capacities. Engineering studies should determine the structural and operating changes necessary for maximum economy. Where leakage is found in water distribution lines, such lines may be valved off rather than repaired, unless necessary for fire protection or other purposes.

(c) Where utilities are purchased by contract, such contracts should be reviewed to determine if costs can be reduced by revision of the contracts.

6. Properties to be Disposed of as Salvage. No funds should be expended for mainte

nance on properties where the highest and best use has been determined to be salvage.

D. Repairs. Repairs should be limited to those additions or changes that are necessary for the preservation and maintenance of the property to deter or prevent excessive, rapid, or dangerous deterioration or obsolescence and to restore property damaged by storm, flood, fire, accident, or earthquake only where it has been determined that resoration is required.

E. Improvements. No costs should be incurred to increase the sales value of a property, and no costs should be incurred to make a property disposable without the prior approval of GSA. (See § 101-47.401-5.) [29 F.R. 16126, Dec. 3, 1964, as amended at 30 F.R. 11281, Aug. 2, 1965] § 101-47.4914

Executive Order 11508.

NOTE: A copy of Executive Order 11508 was filed with the Office of the Federal Register as part of the Original Document. Executive Order 11508 appears in full text at 35 F.R. 2855.

[35 F.R. 5262, Mar. 28, 1970]

PART 101-48-PART 101-49 [RESERVED]

103-1.5008

103-1.9901

management officers. Responsibilities of individuals for public property.

Subpart 103-1.99-Illustrations

Supplementary part number assignments.

AUTHORITY: The provisions of this Part 103-1 issued under 5 U.S.C. 301; 40 U.S.C. 486 (c).

SOURCE: The provisions of this Part 103-1 appear at 35 F.R. 13645, Aug. 27, 1970, unless otherwise noted.

Subpart 103-1.1-Regulation System § 103-1.100 Scope of subpart.

This subpart sets forth introductory material concerning the Department of Health, Education, and Welfare Property Management Regulations (referred to herein as HEWPMR) in terms of the establishment, authority, publication, applicability, implementation, and sup

plementation of the Federal Property Management Regulations (referred to herein as FPMR). It establishes the method of numbering, and provides the procedure for obtaining authority to deviate from regulations prescribed herein. § 103-1.101 HEW Property Management Regulations System.

(a) This subpart establishes the Department of Health, Education, and Welfare Property Management Regulations System, Chapter 103 of the Federal Property Management Regulations System. It states its relationship to the Federal Property Management Regulations (41 CFR Ch. 101), and provides instructions governing the property management operations of the Department of Health, Education, and Welfare (referred to herein as HEW). To effectively provide selective material to specialized groups from the wide range of subject matter covered by the FPMR, the HEWPMR System is divided into segments and published as HEW Manuals, e.g., Materiel Management, Telecommunications, Real Property Management, Facilities Planning and Construction.

(b) The effective date of FPMR throughout HEW will be the date indicated in the respective FPMR unless otherwise provided in the HEWPMR. HEWPMR will be effective on the date of the transmittal notice by which distributed unless otherwise indicated in the respective transmittal notice.

(c) The HEW Property Management Regulations shall include regulations deemed necessary for business concerns, and others, to be informed of basic and significant HEW property management policies and procedures which implement, supplement, or deviate from the FPMR.

§ 103-1.103 Temporary-type HEWPMR.

HEWPMR include a temporary-type, issued as Circulars, for use under circumstances similar to those specified in FPMR 101-1.103 (a) and (b). Conversion to permanent type HEWPMR shall be made as soon as possible, in most instances within 180 days.

§ 103-1.104 Publication of HEWPMR.

(a) The HEWPMR appear in the Code of Federal Regulations as Chapter 103 of Title 41, Public Contracts and Property Management, and are published in cumulative form.

(b) Policies and procedures which directly affect the public will be published in the FEDERAL REGISTER. However, related material, not affecting the public, may also be published in the FEDERAL REGISTER, When its inclusion will provide a logical comprehensive statement of HEW property management policies and procedures.

(c) HEWPMR will be issued in looseleaf form for use by employees of HEW. The material published in the FEDERAL REGISTER Will be identified by a solid vertical line to the left of the text. The length of the line will coincide with the length of the text.

(d) All material for issuance at the Department level is published by the Office of General Services, OS-OASA. Original approved and signed manuscripts are filed with that Office.

§ 103-1.105 Authority for HEWPMR.

HEWPMR are to establish uniform policies and procedures in the Department within the area of property management. They are prescribed by the Assistant Secretary for Administration, under authority of 5 U.S.C. 301 and section 205(c), Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(c)), delegated by the Secretary.

§ 103-1.106 Applicability of HEWPMR. FPMR and HEWPMR apply to all HEW activities unless otherwise specified, or unless a deviation is approved as provided in § 103-1.110.

§ 103-1.109 Numbering of HEWPMR.

(a) HEW has been assigned Chapter 103 for use in publishing its implementing and supplementing regulations. These regulations shall be numbered as provided in FPMR 101-1.109(t). Implementary material is that which expands upon related Federal Property Management Regulation material. Supplementary material is that for which there is no counterpart in the FPMR. Illustration § 103-1.9901 identifies the numbering of supplementing parts assigned to each subchapter. Where material in the FPMR requires no implementation, there is no corresponding number in the HEWPMR. Thus, there are gaps in the HEWPMR sequence of numbers where the FPMR, as written, are applicable to HEW property management functions.

(b) Material issued by operating agencies and staff offices of HEW to comple

The organizations listed above shall, under the prefixes assigned, publish detailed operating instructions as deemed necessary. However, under no circumstances shall any organization's implementation or supplementation of the FPMR or HEWPMR conflict, supersede, or duplicate policies or procedures prescribed by these regulatory issuances. Material so issued shall follow the numbering system, format, and arrangement of the FPMR and HEWPMR, and will be applicable only within the organization issuing the publication. Such material shall not be published routinely in the FEDERAL REGISTER. Requests for approval to publish material in the FEDERAL REGISTER shall be submitted to the Office of General Services, OS-OASA, when publication is deemed appropriate.

[35 F.R. 13645, Aug. 27, 1970, as amended at 35 F.R. 19250, Dec. 19, 1970] § 103-1.110 Deviation.

(a) FPMR. Requests for deviations from the provisions of FPMR shall be forwarded, through administrative channels, to the Office of General Services, OS-OASA, for consideration. Approved requests shall be forwarded to the General Services Administration for appropriate action. Requests for deviations shall set forth clearly the nature of the required deviations and the circumstances warranting them.

(a) Certain HEW property management policies and procedures which come within the scope of this Chapter 103 nevertheless may be excluded therefrom when justified. These exclusions may include the following categories:

(1) Policies or procedures which are instituted on an experimental basis, or which are expected to be effective for a period of less than 6 months.

(2) Policies and procedures pertaining to other functions of HEW as well as to property management functions, where there is need to make the issuance available simultaneously to all HEW employees concerned.

(3) Speed of issuance is essential, numerous changes are required in Chapter 103, and all necessary changes cannot be made promptly.

(4) Issuance having extensive and deinformation such as manual

tailed guides.

(b) Property management procedures and instructions issued under paragraph (a) (2) and (3) of this section will be published in Chapter 103 at the earliest practicable date.

§ 103-1.152 Citation.

The HEWPMR will be cited in the same manner as the FPMR are cited. Thus this section, in referring to divisions of the FPMR system should be cited as "Section 103-1.152 of Chapter 103." When the official Code of Federal Regulations citation is used, this section should be cited as "41 CFR 103-1.152." Any citation of the FPMR and the HEWPMR may be identified informally, for purpose of brevity, as "FPMR" or "HEWPMR" respectively, followed by the section number, such as "FPMR 101-1.101" or "HEWPMR 103-1.152." Subpart 103-1.50-Authorities and Responsibilities

§ 103-1.5001 Applicability.

Whenever the provisions of this subpart are directed to the day-by-day re

sponsibilities and operation of the operating agencies, and/or the Regional Offices, they shall also apply to similar operations of the Office of the Secretary, unless specifically exempted.

§ 103-1.5002 Definitions.

As used in this subpart and elsewhere in the HEWPMR, the following terms shall have the meaning as set forth in this § 103-1.5002.

§ 103-1.5002-1 Acquire (acquisition),

"Acquire (acquisition)" means to obtain ownership of property in any manner, including purchase, transfer, donation, manufacture, construction, condemnation, or production at Government-owned or operated plants or facilities. Property will be considered to be acquired at the time title to the property passes to the Department irrespective of point of origin. Usually title will pass upon delivery or acceptance of the property.

"Board of survey" means a committee usually consisting of three to five officers and/or employees of the Department or the Government appointed to make inquiry into the circumstances of a shortage, loss, damage, destruction or condition of property, and to report their findings.

§ 103-1.5002-3 Capitalization (capitalize, to).

"Capitalization (capitalize, to)" means the assignment of dollar values to property for the purpose of reflecting such values on property accountability records and general ledger asset, accounts. § 103-1.5002-4 Capitalized property.

"Capitalized property" means property which has been entered on the records of the Department as an investment or asset.

self, is of durable nature with an expected service life of 1 year or more, and does not ordinarily lose its identity or become a component part of another article when put into use. The term when used unqualifiedly includes furniture, machines, furnishings, etc., or any durable item required to equip an individual or activity to do a job.

§ 103-1.5002-7 Head of the agency.

"Head of the agency" shall mean the Secretary of Health, Education, and Welfare. Heads of the operating agencies shall not place themselves in the head of the agency context and interpretation. § 103-1.5002-8 Maintenance.

"Maintenance" refers to the routine recurring work required to keep property in substantially original condition. It may include replacement of minor constituent parts, materials or equipment.

§ 103-1.5002-9 Materials.

"Materials" refers to all items necessary for the equipping, maintenance, operation, and support of governmental activities, without distinction as to use for administrative or operational purpose. § 103-1.5002-10 Operating agency.

"Operating agency" shall mean the Environmental Health Service, Food and Drug Administration, Office of Education, Health Services and Mental Health Administration, National Institutes of Health, Social and Rehabilitation Service, and Social Security Administration. § 103-1.5002-11 Property.

"Property" means any interest in property except the public domain; lands reserved or dedicated for national forest or national park purposes; minerals in lands or portions of lands withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and lands withdrawn or reserved from the public domain except lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator of General Services, determines are not suitable for return to the public domain for disposition under the general public land laws because such