[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2001 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    41


          Chapter 101

                         Revised as of July 1, 2001

Public Contracts and Property Management





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2001
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2001



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
 Internet: bookstore.gpo.gov    Phone: (202) 512-1800    Fax: (202) 512-
                                   2250
                Mail: Stop SSOP, Washington, DC 20402-0001



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 41:
    Subtitle C--Federal Property Management Regulations 
      System:
          Chapter 101--Federal Property Management Regulations       5
  Finding Aids:
      Table of CFR Titles and Chapters........................     579
      Alphabetical List of Agencies Appearing in the CFR......     597
      Redesignation Table.....................................     607
      List of CFR Sections Affected...........................     609



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 41 CFR 101-1.100 
                       refers to title 41, part 
                       101-1, section 100.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2001, consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
format at www.access.gpo.gov/nara (``GPO Access''). For more 
information, contact Electronic Information Dissemination Services, U.S. 
Government Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-
free). E-mail, gpoaccess@gpo.gov.

[[Page vii]]

    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2001.



[[Page ix]]



                               THIS TITLE

    Title 41--Public Contracts and Property Management consists of 
Subtitle A--Federal Procurement Regulations System [Note]; Subtitle B--
Other Provisions Relating to Public Contracts; Subtitle C--Federal 
Property Management Regulations System; Subtitle D is reserved for other 
provisions relating to property management, Subtitle E--Federal 
Information Resources Management Regulations System and Subtitle F--
Federal Travel Regulation System.

    As of July 1, 1985, the text of subtitle A is no longer published in 
the Code of Federal Regulations. For an explanation of the status of 
subtitle A, see 41 CFR chapters 1--100 (page 3).

    Other government-wide procurement regulations relating to public 
contracts appear in chapters 50 through 100, subtitle B.

    The Federal property management regulations in chapter 101 of 
subtitle C are government-wide property management regulations issued by 
the General Services Administration. In the remaining chapters of 
subtitle C are the implementing and supplementing property management 
regulations issued by individual Government agencies. Those regulations 
which implement chapter 101 are numerically keyed to it.

    The Federal Travel Regulation System in chapters 300-304 of subtitle 
F is issued by the General Services Administration.

    Title 41 is composed of four volumes. The chapters in these volumes 
are arranged as follows: Chapters 1--100, chapter 101, chapters 102--
200, and chapter 201 to End. These volumes represent all current 
regulations codified under this title of the CFR as of July 1, 2001.

    Redesignation tables appear in the finding aids section of the 
volumes containing chapter 101 and chapters 102 to 200.

[[Page x]]




[[Page 1]]



           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT




                    (This book contains chapter 101)

  --------------------------------------------------------------------
                                                                    Part

       SUBTITLE C--Federal Property Management Regulations System:

chapter 101--Federal Property Management Regulations........       101-1

[[Page 3]]

       Subtitle C--Federal Property Management Regulations System

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          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS




  --------------------------------------------------------------------

                          SUBCHAPTER A--GENERAL

Part                                                                Page
101-1           Introduction................................           7
101-3           Annual real property inventories............           9
101-4           Nondiscrimination on the basis of sex in 
                    education programs or activities 
                    receiving Federal financial assistance..          13
101-5           Centralized services in Federal buildings 
                    and complexes...........................          30
101-6           Miscellaneous regulations...................          39
101-8           Nondiscrimination in Federal financial 
                    assistance programs.....................          73
101-9           Federal mail management.....................          89
                         SUBCHAPTER B [RESERVED]
                     SUBCHAPTER C--DEFENSE MATERIALS
101-14--101-15  [Reserved]

  

                SUBCHAPTER D--PUBLIC BUILDINGS AND SPACE
101-16          [Reserved]
101-17          Assignment and utilization of space.........          96
101-18          Acquisition of real property................          96
101-19          Construction and alteration of public 
                    buildings...............................         109
101-20          Management of buildings and grounds.........         212
101-21          Federal Buildings Fund......................         233
Appendix to Subchapter D--Temporary Regulations.............         234
                  SUBCHAPTER E--SUPPLY AND101-22--101-24  [Reserved]
101-25          General.....................................         237
101-26          Procurement sources and program.............         251
101-27          Inventory management........................         283
101-28          Storage and distribution....................         293
101-29          Federal product descriptions................         298
101-30          Federal catalog system......................         304

[[Page 6]]

101-31          Inspection and quality control..............         319
101-32          [Reserved]

101-33          Public utilities............................         319
101-34          [Reserved]

Appendix to Subchapter E--Temporary Regulations [Reserved]
    SUBCHAPTER F--MANAGEMENT AND USE OF TELECOMMUNICATIONS RESOURCES
101-35          Telecommunications management policy........         323
       SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES
101-37          Government aviation administration and 
                    coordination............................         330
101-38          Motor vehicle management....................         352
101-39          Interagency fleet management systems........         352
101-40          Transportation and traffic management.......         366
101-41          Transportation documentation and audit......         366
Appendix to Subchapter G--Temporary Regulations [Reserved]
                 SUBCHAPTER H--UTILIZATION AND DISPOSAL
101-42          Utilization and disposal of hazardous 
                    materials and certain categories of 
                    property................................         367
101-43          Utilization of personal property............         391
101-44          Donation of personal property...............         391
101-45          Sale, abandonment, or destruction of 
                    personal property.......................         437
101-46          Replacement of personal property pursuant to 
                    the exchange/sale authority.............         478
101-47          Utilization and disposal of real property...         482
101-48          Utilization, donation, or disposal of 
                    abandoned and forfeited personal 
                    property................................         556
101-49          Utilization, donation, and disposal of 
                    foreign gifts and decorations...........         567
Appendix to Subchapter H--Temporary Regulations.............         567

[[Page 7]]





                          SUBCHAPTER A--GENERAL





PART 101-1--INTRODUCTION--Table of Contents




                   Subpart 101-1.1--Regulation System

Sec.
101-1.100  Scope of subpart.
101-1.101  Federal Property Management Regulations System.
101-1.102  Federal Property Management Regulations.
101-1.103  FPMR temporary regulations.
101-1.104  Publication and distribution of FPMR.
101-1.104-1  Publication.
101-1.104-2  Distribution.
101-1.105  Authority for FPMR System.
101-1.106  Applicability of FPMR.
101-1.107  Agency consultation regarding FPMR.
101-1.108  Agency implementation and supplementation of FPMR.
101-1.109  Numbering in FPMR System.
101-1.110  Deviation.
101-1.111  Retention of FPMR amendments.
101-1.112  Change lines.

Subparts 101-1.2--101-1.48  [Reserved]

                Subpart 101-1.49--Illustrations of Forms

101-1.4900  Scope of subpart.
101-1.4901  Standard forms. [Reserved]
101-1.4902  GSA forms.
101-1.4902-2053  GSA Form 2053, Agency Consolidated Requirements for GSA 
          Regulations and Other External Issuances.

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

    Source: 29 FR 13255, Sept. 24, 1964, unless otherwise noted.



                   Subpart 101-1.1--Regulation System



Sec. 101-1.100  Scope of subpart.

    This subpart sets forth introductory material concerning the Federal 
Property Management Regulations System: its content, types, publication, 
authority, applicability, numbering, deviation procedure, as well as 
agency consultation, implementation, and supplementation.



Sec. 101-1.101  Federal Property Management Regulations System.

    The Federal Property Management Regulations System described in this 
subpart is established and shall be used by General Services 
Administration (GSA) officials and, as provided in this subpart, by 
other executive agency officials, in prescribing regulations, policies, 
procedures, and delegations of authority pertaining to the management of 
property, and other programs and activities of the type administered by 
GSA, except procurement and contract matters contained in the Federal 
Acquisition Regulations (FAR).

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.102  Federal Property Management Regulations.

    The Federal Property Management Regulations (FPMR) are regulations, 
as described by Sec. 101-1.101, prescribed by the Administrator of 
General Services to govern and guide Federal agencies.



Sec. 101-1.103  FPMR temporary regulations.

    (a) FPMR temporary regulations are authorized for publication when 
time or exceptional circumstances will not permit promulgation of an 
amendment to the Code of Federal Regulations and if the regulation will 
be effective for a period of 12 months or less except as provided in 
Sec. 101-1.103(b), below. These temporary regulations will be codified 
before the designated expiration date or their effective date will be 
extended if it is determined that conversion to permanent form cannot be 
accomplished within the specified time frame.
    (b) FPMR temporary regulations may have an effective period of up to 
2 years when codification is not anticipated or is not considered 
practical.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.104  Publication and distribution of FPMR.



Sec. 101-1.104-1  Publication.

    FPMR will be published in the Federal Register, in looseleaf form, 
and in accumulated form in the Code of Federal Regulations. Temporary-
type FPMR will be published in the Notices

[[Page 8]]

section of the Federal Register\1\ and in looseleaf form.
---------------------------------------------------------------------------

    \1\ Editorial Note: FPMR temporary regulations are published in the 
Rules and Regulations section of the Federal Register and, if in effect 
on the revision date of the Code of Federal Regulations volume, in the 
appendixes to the subchapters in 41 CFR chapter 101.

[36 FR 4983, Mar. 16, 1971]



Sec. 101-1.104-2  Distribution.

    (a) Each agency shall designate an official to serve as liaison with 
GSA on matters pertaining to the distribution of FPMR and other 
publications in the FPMR series. Agencies shall report all changes in 
designation of agency liaison officers to the General Services 
Administration (CAR), Washington, DC 20405.
    (b) FPMR and other publications in the FPMR series will be 
distributed to agencies in bulk quantities for internal agency 
distribution in accordance with requirements information furnished by 
liaison officers. FPMR and other publications in the FPMR series will 
not be stocked by, and cannot be obtained from, GSA regional offices.
    (c) Agencies shall submit their consolidated requirements for FPMR 
and other publications in the FPMR series, including requirements of 
field activities, and changes in such requirements on GSA Form 2053, 
Agency Consolidated Requirements for GSA Regulations and Other External 
Issuances (illustrated at Sec. 101-1.4902-2053). The mailing address is 
shown on the form.

[36 FR 4983, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]



Sec. 101-1.105  Authority for FPMR System.

    The FPMR system is prescribed by the Administrator of General 
Services under authority of the Federal Property and Administrative 
Services Act of 1949, 63 Stat. 377, as amended, and other laws and 
authorities specifically cited in the text.



Sec. 101-1.106  Applicability of FPMR.

    The FPMR apply to all Federal agencies to the extent specified in 
the Federal Property and Administrative Services Act of 1949 or other 
applicable law.



Sec. 101-1.107  Agency consultation regarding FPMR.

    FPMR are developed and prescribed in consultation with affected 
Federal agencies.



Sec. 101-1.108  Agency implementation and supplementation of FPMR.

    Chapters 102 through 150 of this title are available for agency 
implementation and supplementation of FPMR contained in chapter 101 of 
this title. Supplementation pertains to agency regulations in the 
subject matter of FPMR but not yet issued in chapter 101.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.109  Numbering in FPMR System.

    (a) In the numbering system, all FPMR material is preceded by the 
digits 101-. This means that it is chapter 101 in title 41 of the Code 
of Federal Regulations. It has no other significance. The digit(s) 
before the decimal point indicates the part; the digits after the 
decimal point indicate, without separation, the subpart and section. For 
example:
[GRAPHIC] [TIFF OMITTED] TC05NO91.088

    (b) At the bottom of each page appears the number and date (month 
and year) of the FPMR amendment which transmitted it.
    (c) Agency implementing regulations should conform to the FPMR 
section numbers, except for the substitution of the chapter designation 
of the agency. Agency supplementing regulations should be numbered 
``50'' or higher for section, subpart, or part as may be involved.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.110  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 the approved 
by

[[Page 9]]

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.

[54 FR 37652, Sept. 12, 1989]



Sec. 101-1.111  Retention of FPMR amendments.

    Retention of FPMR amendments and removed pages will provide a 
history of FPMR issuances and facilitate determining which regulations 
were in effect at particular times.

[39 FR 40952, Nov. 22, 1974]



Sec. 101-1.112  Change lines.

    (a) Single-column format: Vertical lines in the right margin of a 
page indicate material changed, deleted, or added by the FPMR amendment 
cited at the bottom of that page. Where insertion of new material 
results in shifting of unchanged material on following pages, no 
vertical lines will appear on such pages but the FPMR amendment 
transmitting such new pages will be cited at the bottom of each page.
    (b) Double-column format: Arrows printed in the margin of a page 
indicated material changed, deleted, or added by the FPMR amendment 
cited at the bottom of that page.

[54 FR 37652, Sept. 12, 1989]

Subparts 101-1.2--101-1.48  [Reserved]



                Subpart 101-1.49--Illustrations of Forms



Sec. 101-1.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other subparts of this part 
101-1.

[36 FR 4983, Mar. 16, 1971]



Sec. 101-1.4901  Standard forms. [Reserved]



Sec. 101-1.4902  GSA forms.

    (a) The GSA forms are illustrated in this section to show their 
text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
GSA numbers.
    (b) GSA forms illustrated in Sec. 101-1.4902 may be obtained by 
addressing requests to the General Services Administration, National 
Forms and Publications Center-7 CAR-W, Warehouse 4, Dock No. 1, 501 West 
Felix Street, Forth Worth, TX 76115.

[36 FR 4984, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]



Sec. 101-1.4902-2053  GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances.

    Note: The form listed in Sec. 101-1.4902-2053 is filed as part of 
the original document. Copies of the form may be obtained from the 
General Services Administration (3BRD), Washington, DC 20407.

[36 FR 4984, Mar. 16, 1971]



PART 101-3--ANNUAL REAL PROPERTY INVENTORIES--Table of Contents




Sec.
101-3.000  Scope of part.

                   Subpart 101-3.1--General Provisions

101-3.100  Scope of subpart.
101-3.101  Background.
101-3.102  Program objectives.
101-3.103  Coverage.
101-3.104  Source of data.
101-3.105  Agency Liaison.

[[Page 10]]

 Subpart 101-3.2--Annual Reports--Real Property Owned by and Leased to 
                            the United States

101-3.200  Scope of subpart.
101-3.201  Reporting agency.
101-3.202  Coverage.
101-3.203  Exclusions.
101-3.204  Reports to be submitted.
101-3.205  Optional reporting method.
101-3.206  Preparation and due dates.
101-3.207  Supplementary information.

Subparts 101-3.3--101-3.48  [Reserved]

                   Subpart 101-3.49--Forms and Reports

101-3.4900  Scope of subpart.
101-3.4901  GSA forms.
101-3.4901-1166  GSA Form 1166: Annual Report of Real Property Owned by 
          or Leased to the United States.
101-3.4901-1166(I)  Instructions for the preparation of GSA Form 1166: 
          Annual Report of Real Property Owned or Leased to the United 
          States.
101-3.4901-1166(I-A)  Major cities.
101-3.4901-1209  GSA Form 1209: Summary of Number of Installations Owned 
          by or Leased to the United States.
101-3.4901-1209(I)  Instructions for the preparation of GSA Form 1209: 
          Summary of Number of Installations Owned by or Leased to the 
          United States.

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

    Source: 29 FR 15596, Nov. 20, 1964, unless otherwise noted.



Sec. 101-3.000  Scope of part.

    This part prescribes that procedures and forms for use by executive 
agencies in preparing annual reports necessary for the maintenance and 
publication of inventories of real property owned by and leased to the 
United States as of the last day of September of each fiscal year.

[54 FR 38673, Sept. 20, 1989]



                   Subpart 101-3.1--General Provisions



Sec. 101-3.100  Scope of subpart.

    This subpart deals with the background, objectives, and coverage of 
reports in connection with the real property owned by and leased to the 
United States.



Sec. 101-3.101  Background.

    (a) The inventory of Federal real property was initiated and is 
being continued at the request of the Senate Committee on 
Appropriations.
    (b) The House Committee on Government Operations requests data 
annually on all federally owned real property for inclusion in its real 
and personal property inventory reports.
    (c) Executive Order 12411 and related regulations require annual 
review of agency goals and plans in the area of space reduction and 
property disposals.

[29 FR 15596, Nov. 20, 1964, as amended at 54 FR 38673, Sept. 20, 1989]



Sec. 101-3.102  Program objectives.

    The principal objectives of the Governmentwide real property 
inventory program are:
    (a) To provide a centralized source of information on Federal real 
property holdings;
    (b) To track space utilization of reporting agencies;
    (c) To identify underutilized property;
    (d) To achieve the most effective control and economical 
Governmentwide utilization of available property;
    (e) To facilitate disposal of surplus property;
    (f) To evaluate the compliance of reporting agencies with the 
provisions of Executive Order 12411 and implementing regulations;
    (g) To provide a basis for the intelligent evaluation and appraisal 
of budgetary requirements; and
    (h) To establish a ready reference for answering inquiries from the 
Congress, the press, trade associations, educational institutions, 
Federal, State and local government agencies, and the general public.

[54 FR 38673, Sept. 20, 1989]



Sec. 101-3.103  Coverage.

    The inventory reports prescribed in this part 101-3 shall cover 
land, buildings, and other structures and facilities throughout the 
world, which are owned by or leased to the United States, including 
wholly-owned Federal Government corporations.

[[Page 11]]



Sec. 101-3.104  Source of data.

    Data reported shall be based on agency real property and accounting 
records.



Sec. 101-3.105  Agency Liaison.

    Each reporting agency shall designate an official to serve as agency 
representative for the real property inventories. The same 
representative should be designated for the federally owned and leased 
real property inventories, although separate representatives are 
permitted. The General Services Administration, Office of Governmentwide 
Policy, Washington, DC 20405, shall be advised in writing of the names 
of all such representatives and subsequent changes.

[54 FR 38674, Sept. 20, 1989]



 Subpart 101-3.2--Annual Reports--Real Property Owned by and Leased to 
                            the United States

    Source: 54 FR 38674, Sept. 20, 1989, unless otherwise noted.



Sec. 101-3.200  Scope of subpart.

    This subpart prescribes the procedures and forms to be used by 
executive agencies in connection with annual reports on real property 
owned by and leased to the United States.



Sec. 101-3.201  Reporting agency.

    Reports on real property owned by and leased to the United States 
shall be submitted by the agency responsible for the maintenance of real 
property records and accounts as prescribed by General Accounting Office 
principles and standards and illustrated in 2 GAO 1270 and 2 GAO 7030 
for owned property. For purposes of this inventory, the above rule shall 
apply regardless of the manner of acquisition or which agency is 
currently using the property. For example:
    (a) For general purpose buildings, such as office buildings or 
warehouses, which are occupied by a Federal agency or agencies upon 
determination by GSA, and for which GSA is responsible for elevator and 
guard service, and for cleaning and maintenance, GSA is the reporting 
agency.
    (b) For special purpose buildings, such as Coast Guard stations, 
military reservations, hospitals, and prisons, those agencies having 
control of building management and operation including authority to 
assign or reassign space in such buildings, will be considered as the 
reporting agencies.
    (c) For leased property, the agency currently administering the 
lease and making payments to the lessor, regardless of which agency 
executed the original lease or which agency is currently using the 
property.



Sec. 101-3.202  Coverage.

    The annual reports of real property owned by or leased to the United 
States shall cover land, buildings, and other structures and facilities 
owned by the United States throughout the world and all real property 
leased from private individuals, organizations, and municipal, county, 
state, and foreign governments, as evidenced by a written agreement 
involving a monetary consideration and a landlord-tenant relationship. 
It shall also include right of use and occupancy obtained under eminent 
domain proceedings or equivalent procedures. These reports shall include 
the following:
    (a) Unreserved public domain lands.
    (b) Public domain lands reserved for national forests, national 
parks, military installations, or other purposes.
    (c) Real property acquired by purchase, construction, donation, and 
other methods.
    (d) Real property in which the Government has a long-term interest 
considered by the reporting agency as being equivalent to ownership.
    (e) Buildings or other structures and facilities owned by or leased 
to the Government whether or not located on Government-owned land.
    (f) Excess and surplus real property. (The reporting agency, as 
defined in Sec. 101-3.201, shall continue to retain accountability and 
report excess and surplus real property pending its transfer to a 
Federal agency or disposal.)
    (g) Buildings being acquired under the terms of the Public Buildings 
Purchase Contract Program or Lease Purchase Agreements (39 U.S.C. 2103, 
40

[[Page 12]]

U.S.C. 356). Buildings shall be reported upon completion of 
construction. Separate annual reports shall also be submitted for real 
properties held in trust by the Federal Government.
    (h) Each lease executed for land only, with an annual rental of $500 
or more.
    (i) Each lease executed for a building location(s), other structures 
and facilities, or combination thereof (whether or not land is 
included), with a total annual rental of $2,000 or more.
    (j) Real property leased rent free or for a nominal rental rate may 
be included when the property is considered significant by the reporting 
agency. 35 Comp. Gen. 713 is suggested as a guide to help resolve 
questions pertaining to the definition of nominal payment.



Sec. 101-3.203  Exclusions.

    Annual inventory reports on real property owned by or leased to the 
United States shall not include the following:
    (a) Properties acquired through foreclosure, confiscation, or 
seizure to be liquidated in settlement of a claim or debt to the Federal 
Government.
    (b) Rights-of-way or easements granted to the Government.
    (c) Lands administered by the United States under trusteeship by 
authority of the United Nations.
    (d) Machinery and processing equipment which are not part of the 
realty.
    (e) Real property occupied under permit or other arrangements with 
other Federal agencies or wholly owned Federal Government corporations.
    (f) Leasehold improvements (Government-owned buildings or structures 
located on leased land shall be reported as owned); and
    (g) Real Property leased rent free or for nominal rent when property 
is not considered significant by the reporting agency.



Sec. 101-3.204  Reports to be submitted.

    (a) Each agency shall prepare in accordance with instructions in 
Sec. 101-3.4901-1166(I) and submit to GSA a separate report on GSA Form 
1166, Annual Report of Real Property Owned by or Leased to the United 
States (see Sec. 101-3.4901-1166) for:
    (1) Each newly acquired or previously omitted installation.
    (2) Each installation received by transfer from another Federal 
agency which is not merged with an existing installation.
    (3) Each installation with increases or decreases in cost of $5,000 
or more affecting any line item or the total for the installation.
    (4) Each installation declared excess or surplus in whole or in 
part.
    (5) Each disposal of a complete installation.
    (6) Each installation for which a revision of an entry on a previous 
report is necessary to reflect a change in the name of an installation, 
date or method of acquisition of property, acreage, number and/or floor 
area of buildings, or predominant usage category of land, buildings, or 
other structures and facilities.
    (7) Each new lease becoming effective during the reporting period.
    (8) Each renewed lease citing the new expiration date.
    (9) Change in annual rental rate.
    (b) It is only necessary to report changes since the last reporting 
period and only identification data and affected line items need be 
reported. However, agencies reporting for the first time under these 
revised regulations must report their entire owned and leased 
inventories.
    (c) Each agency shall prepare in accordance with instructions in 
Sec. 101-3.4901-1209(I) and submit to GSA a separate report on GSA Form 
1209, Summary of Number of Installations Owned by or Leased to the 
United States (see Sec. 101-3.4901-1209) for each bureau or other major 
organizational unit, for owned and leased real property. Reports on GSA 
Form 1209 shall be submitted whether or not changes have occurred since 
the previous report.



Sec. 101-3.205  Optional reporting method.

    Agencies with automated accounting systems may make arrangements 
with GSA, Office of Governmentwide Policy, to furnish detailed reports 
via magnetic tape input in lieu of GSA Form 1166. Each agency utilizing 
this method must obtain the automated reporting requirements from GSA, 
Office of Governmentwide Policy, before submitting any magnetic tape.

[[Page 13]]



Sec. 101-3.206  Preparation and due dates.

    The annual inventory reports prescribed in Sec. 101-3.204 shall be 
prepared as of the last day of September of each fiscal year. An 
original and one copy of each report shall be submitted to the General 
Services Administration, Office of Governmentwide Policy, Washington, DC 
20405, no later than 45 days after the report date.



Sec. 101-3.207  Supplementary information.

    This reporting system has been cleared in accordance with FIRMR 201-
45.6 and assigned interagency report control number 0315-GSA-AN. This 
interagency report control number replaces 1119-GSA-AN, 1120-GSA-AN, 
1540-GSA-AN and 1541-GSA-AN.

Subparts 101-3.3--101-3.48 [Reserved]



                   Subpart 101-3.49--Forms and Reports

    Note: GSA forms filed with the Office of the Federal Register as 
part of the original document. Copies may be obtained from Central 
Office, GSA.



Sec. 101-3.4900  Scope of subpart.

    This subpart contains illustrations of forms and instructions for 
their completion, to be used by executive agencies in connection with 
the submission of annual reports of real property owned by and leased to 
the United States.



Sec. 101-3.4901  GSA forms.

    The GSA forms referenced in this part may be obtained initially from 
the GSA National Forms and Publications Center, Box 17550, 819 Taylor 
Street, Fort Worth, TX 76102-0550. Agency field or regional offices 
should submit future requirements to their Washington, DC, headquarters 
office which will forward consolidated annual requirements to the 
General Services Administration, ATTN: 7BR, Fort Worth, TX 76102. The 
section numbers in this subpart correspond to the GSA form numbers and 
related instruction for their preparation. Thus in Sec. 101-3.4901-
1166(I) appears instructions for the preparation of GSA Form 1166.

[54 FR 38675, Sept. 20, 1989]



Sec. 101-3.4901-1166  GSA Form 1166: Annual Report of Real Property Owned by or Leased to the United States.



Sec. 101-3.4901-1166(I)  Instructions for the preparation of GSA Form 1166: Annual Report of Real Property Owned or Leased to the United States.



Sec. 101-3.4901-1166(I-A)  Major cities.



Sec. 101-3.4901-1209  GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.



Sec. 101-3.4901-1209(I)  Instructions for the preparation of GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.



PART 101-4--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents




                         Subpart A--Introduction

Sec.
101-4.100  Purpose and effective date.
101-4.105  Definitions.
101-4.110  Remedial and affirmative action and self-evaluation.
101-4.115  Assurance required.
101-4.120  Transfers of property.
101-4.125  Effect of other requirements.
101-4.130  Effect of employment opportunities.
101-4.135  Designation of responsible employee and adoption of grievance 
          procedures.
101-4.140  Dissemination of policy.

                           Subpart B--Coverage

101-4.200  Application.
101-4.205  Educational institutions and other entities controlled by 
          religious organizations.
101-4.210  Military and merchant marine educational institutions.
101-4.215  Membership practices of certain organizations.
101-4.220  Admissions.
101-4.225  Educational institutions eligible to submit transition plans.
101-4.230  Transition plans.

[[Page 14]]

101-4.235  Statutory amendments.

     Subpart C--Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited

101-4.300  Admission.
101-4.305  Preference in admission.
101-4.310  Recruitment.

 Subpart D--Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited

101-4.400  Education programs or activities.
101-4.405  Housing.
101-4.410  Comparable facilities.
101-4.415  Access to course offerings.
101-4.420  Access to schools operated by LEAs.
101-4.425  Counseling and use of appraisal and counseling materials.
101-4.430  Financial assistance.
101-4.435  Employment assistance to students.
101-4.440  Health and insurance benefits and services.
101-4.445  Marital or parental status.
101-4.450  Athletics.
101-4.455  Textbooks and curricular material.

Subpart E--Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited

101-4.500  Employment.
101-4.505  Employment criteria.
101-4.510  Recruitment.
101-4.515  Compensation.
101-4.520  Job classification and structure.
101-4.525  Fringe benefits.
101-4.530  Marital or parental status.
101-4.535  Effect of state or local law or other requirements.
101-4.540  Advertising.
101-4.545  Pre-employment inquiries.
101-4.550  Sex as a bona fide occupational qualification.

                          Subpart F--Procedures

101-4.600  Notice of covered programs.
101-4.605  Enforcement procedures.

    Authority: 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

    Source: 65 FR 52865, 52891, Aug. 30, 2000, unless otherwise noted.



                         Subpart A--Introduction



Sec. 101-4.100  Purpose and effective date.

    The purpose of these Title IX regulations is to effectuate Title IX 
of the Education Amendments of 1972, as amended (except sections 904 and 
906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 
1688), which is designed to eliminate (with certain exceptions) 
discrimination on the basis of sex in any education program or activity 
receiving Federal financial assistance, whether or not such program or 
activity is offered or sponsored by an educational institution as 
defined in these Title IX regulations. The effective date of these Title 
IX regulations shall be September 29, 2000.



Sec. 101-4.105  Definitions.

    As used in these Title IX regulations, the term:
    Administratively separate unit means a school, department, or 
college of an educational institution (other than a local educational 
agency) admission to which is independent of admission to any other 
component of such institution.
    Admission means selection for part-time, full-time, special, 
associate, transfer, exchange, or any other enrollment, membership, or 
matriculation in or at an education program or activity operated by a 
recipient.
    Applicant means one who submits an application, request, or plan 
required to be approved by an official of the Federal agency that awards 
Federal financial assistance, or by a recipient, as a condition to 
becoming a recipient.
    Designated agency official means the Associate Administrator for 
Civil Rights.
    Educational institution means a local educational agency (LEA) as 
defined by 20 U.S.C. 8801(18), a preschool, a private elementary or 
secondary school, or an applicant or recipient that is an institution of 
graduate higher education, an institution of undergraduate higher 
education, an institution of professional education, or an institution 
of vocational education, as defined in this section.
    Federal financial assistance means any of the following, when 
authorized or extended under a law administered by the Federal agency 
that awards such assistance:
    (1) A grant or loan of Federal financial assistance, including funds 
made available for:

[[Page 15]]

    (i) The acquisition, construction, renovation, restoration, or 
repair of a building or facility or any portion thereof; and
    (ii) Scholarships, loans, grants, wages, or other funds extended to 
any entity for payment to or on behalf of students admitted to that 
entity, or extended directly to such students for payment to that 
entity.
    (2) A grant of Federal real or personal property or any interest 
therein, including surplus property, and the proceeds of the sale or 
transfer of such property, if the Federal share of the fair market value 
of the property is not, upon such sale or transfer, properly accounted 
for to the Federal Government.
    (3) Provision of the services of Federal personnel.
    (4) Sale or lease of Federal property or any interest therein at 
nominal consideration, or at consideration reduced for the purpose of 
assisting the recipient or in recognition of public interest to be 
served thereby, or permission to use Federal property or any interest 
therein without consideration.
    (5) Any other contract, agreement, or arrangement that has as one of 
its purposes the provision of assistance to any education program or 
activity, except a contract of insurance or guaranty.
    Institution of graduate higher education means an institution that:
    (1) Offers academic study beyond the bachelor of arts or bachelor of 
science degree, whether or not leading to a certificate of any higher 
degree in the liberal arts and sciences;
    (2) Awards any degree in a professional field beyond the first 
professional degree (regardless of whether the first professional degree 
in such field is awarded by an institution of undergraduate higher 
education or professional education); or
    (3) Awards no degree and offers no further academic study, but 
operates ordinarily for the purpose of facilitating research by persons 
who have received the highest graduate degree in any field of study.
    Institution of professional education means an institution (except 
any institution of undergraduate higher education) that offers a program 
of academic study that leads to a first professional degree in a field 
for which there is a national specialized accrediting agency recognized 
by the Secretary of Education.
    Institution of undergraduate higher education means:
    (1) An institution offering at least two but less than four years of 
college-level study beyond the high school level, leading to a diploma 
or an associate degree, or wholly or principally creditable toward a 
baccalaureate degree; or
    (2) An institution offering academic study leading to a 
baccalaureate degree; or
    (3) An agency or body that certifies credentials or offers degrees, 
but that may or may not offer academic study.
    Institution of vocational education means a school or institution 
(except an institution of professional or graduate or undergraduate 
higher education) that has as its primary purpose preparation of 
students to pursue a technical, skilled, or semiskilled occupation or 
trade, or to pursue study in a technical field, whether or not the 
school or institution offers certificates, diplomas, or degrees and 
whether or not it offers full-time study.
    Recipient means any State or political subdivision thereof, or any 
instrumentality of a State or political subdivision thereof, any public 
or private agency, institution, or organization, or other entity, or any 
person, to whom Federal financial assistance is extended directly or 
through another recipient and that operates an education program or 
activity that receives such assistance, including any subunit, 
successor, assignee, or transferee thereof.
    Student means a person who has gained admission.
    Title IX means Title IX of the Education Amendments of 1972, Public 
Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 1681-
1688) (except sections 904 and 906 thereof), as amended by section 3 of 
Public Law 93-568, 88 Stat. 1855, by section 412 of the Education 
Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by Section 3 
of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 
1685, 1686, 1687, 1688).

[[Page 16]]

    Title IX regulations means the provisions set forth at Secs. 101-
4.100 through 101-4.605.
    Transition plan means a plan subject to the approval of the 
Secretary of Education pursuant to section 901(a)(2) of the Education 
Amendments of 1972, 20 U.S.C. 1681(a)(2), under which an educational 
institution operates in making the transition from being an educational 
institution that admits only students of one sex to being one that 
admits students of both sexes without discrimination.



Sec. 101-4.110  Remedial and affirmative action and self-evaluation.

    (a) Remedial action. If the designated agency official finds that a 
recipient has discriminated against persons on the basis of sex in an 
education program or activity, such recipient shall take such remedial 
action as the designated agency official deems necessary to overcome the 
effects of such discrimination.
    (b) Affirmative action. In the absence of a finding of 
discrimination on the basis of sex in an education program or activity, 
a recipient may take affirmative action consistent with law to overcome 
the effects of conditions that resulted in limited participation therein 
by persons of a particular sex. Nothing in these Title IX regulations 
shall be interpreted to alter any affirmative action obligations that a 
recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., 
p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 
684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 
803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as 
amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
    (c) Self-evaluation. Each recipient education institution shall, 
within one year of September 29, 2000:
    (1) Evaluate, in terms of the requirements of these Title IX 
regulations, its current policies and practices and the effects thereof 
concerning admission of students, treatment of students, and employment 
of both academic and non-academic personnel working in connection with 
the recipient's education program or activity;
    (2) Modify any of these policies and practices that do not or may 
not meet the requirements of these Title IX regulations; and
    (3) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted or may have resulted from adherence to 
these policies and practices.
    (d) Availability of self-evaluation and related materials. 
Recipients shall maintain on file for at least three years following 
completion of the evaluation required under paragraph (c) of this 
section, and shall provide to the designated agency official upon 
request, a description of any modifications made pursuant to paragraph 
(c)(2) of this section and of any remedial steps taken pursuant to 
paragraph (c)(3) of this section.



Sec. 101-4.115  Assurance required.

    (a) General. Either at the application stage or the award stage, 
Federal agencies must ensure that applications for Federal financial 
assistance or awards of Federal financial assistance contain, be 
accompanied by, or be covered by a specifically identified assurance 
from the applicant or recipient, satisfactory to the designated agency 
official, that each education program or activity operated by the 
applicant or recipient and to which these Title IX regulations apply 
will be operated in compliance with these Title IX regulations. An 
assurance of compliance with these Title IX regulations shall not be 
satisfactory to the designated agency official if the applicant or 
recipient to whom such assurance applies fails to commit itself to take 
whatever remedial action is necessary in accordance with Sec. 101-
4.110(a) to eliminate existing discrimination on the basis of sex or to 
eliminate the effects of past discrimination whether occurring prior to 
or subsequent to the submission to the designated agency official of 
such assurance.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended to provide real property or structures thereon, such 
assurance shall obligate the recipient or, in the case of a subsequent 
transfer, the transferee, for the period during which the real property 
or structures are used

[[Page 17]]

to provide an education program or activity.
    (2) In the case of Federal financial assistance extended to provide 
personal property, such assurance shall obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases such assurance shall obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Form. (1) The assurances required by paragraph (a) of this 
section, which may be included as part of a document that addresses 
other assurances or obligations, shall include that the applicant or 
recipient will comply with all applicable Federal statutes relating to 
nondiscrimination. These include but are not limited to: Title IX of the 
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-
1688).
    (2) The designated agency official will specify the extent to which 
such assurances will be required of the applicant's or recipient's 
subgrantees, contractors, subcontractors, transferees, or successors in 
interest.



Sec. 101-4.120  Transfers of property.

    If a recipient sells or otherwise transfers property financed in 
whole or in part with Federal financial assistance to a transferee that 
operates any education program or activity, and the Federal share of the 
fair market value of the property is not upon such sale or transfer 
properly accounted for to the Federal Government, both the transferor 
and the transferee shall be deemed to be recipients, subject to the 
provisions of Secs. 101-4.205 through 101-4.235(a).



Sec. 101-4.125  Effect of other requirements.

    (a) Effect of other Federal provisions. The obligations imposed by 
these Title IX regulations are independent of, and do not alter, 
obligations not to discriminate on the basis of sex imposed by Executive 
Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive 
Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive 
Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive 
Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 
12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 of the Public 
Health Service Act (42 U.S.C. 295m, 298b-2); Title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act of 1963 
(29 U.S.C. 206); and any other Act of Congress or Federal regulation.
    (b) Effect of State or local law or other requirements. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any State or local law or other requirement that would 
render any applicant or student ineligible, or limit the eligibility of 
any applicant or student, on the basis of sex, to practice any 
occupation or profession.
    (c) Effect of rules or regulations of private organizations. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any rule or regulation of any organization, club, athletic 
or other league, or association that would render any applicant or 
student ineligible to participate or limit the eligibility or 
participation of any applicant or student, on the basis of sex, in any 
education program or activity operated by a recipient and that receives 
Federal financial assistance.



Sec. 101-4.130  Effect of employment opportunities.

    The obligation to comply with these Title IX regulations is not 
obviated or alleviated because employment opportunities in any 
occupation or profession are or may be more limited for members of one 
sex than for members of the other sex.



Sec. 101-4.135  Designation of responsible employee and adoption of grievance procedures.

    (a) Designation of responsible employee. Each recipient shall 
designate at least one employee to coordinate its efforts to comply with 
and carry out its responsibilities under these Title IX regulations, 
including any investigation of any complaint communicated to such 
recipient alleging its noncompliance with these Title IX regulations or 
alleging any actions that would be prohibited by these Title IX 
regulations.

[[Page 18]]

The recipient shall notify all its students and employees of the name, 
office address, and telephone number of the employee or employees 
appointed pursuant to this paragraph.
    (b) Complaint procedure of recipient. A recipient shall adopt and 
publish grievance procedures providing for prompt and equitable 
resolution of student and employee complaints alleging any action that 
would be prohibited by these Title IX regulations.



Sec. 101-4.140  Dissemination of policy.

    (a) Notification of policy. (1) Each recipient shall implement 
specific and continuing steps to notify applicants for admission and 
employment, students and parents of elementary and secondary school 
students, employees, sources of referral of applicants for admission and 
employment, and all unions or professional organizations holding 
collective bargaining or professional agreements with the recipient, 
that it does not discriminate on the basis of sex in the educational 
programs or activities that it operates, and that it is required by 
Title IX and these Title IX regulations not to discriminate in such a 
manner. Such notification shall contain such information, and be made in 
such manner, as the designated agency official finds necessary to 
apprise such persons of the protections against discrimination assured 
them by Title IX and these Title IX regulations, but shall state at 
least that the requirement not to discriminate in education programs or 
activities extends to employment therein, and to admission thereto 
unless Secs. 101-4.300 through 101-4.310 do not apply to the recipient, 
and that inquiries concerning the application of Title IX and these 
Title IX regulations to such recipient may be referred to the employee 
designated pursuant to Sec. 101-4.135, or to the designated agency 
official.
    (2) Each recipient shall make the initial notification required by 
paragraph (a)(1) of this section within 90 days of September 29, 2000 or 
of the date these Title IX regulations first apply to such recipient, 
whichever comes later, which notification shall include publication in:
    (i) Newspapers and magazines operated by such recipient or by 
student, alumnae, or alumni groups for or in connection with such 
recipient; and
    (ii) Memoranda or other written communications distributed to every 
student and employee of such recipient.
    (b) Publications. (1) Each recipient shall prominently include a 
statement of the policy described in paragraph (a) of this section in 
each announcement, bulletin, catalog, or application form that it makes 
available to any person of a type, described in paragraph (a) of this 
section, or which is otherwise used in connection with the recruitment 
of students or employees.
    (2) A recipient shall not use or distribute a publication of the 
type described in paragraph (b)(1) of this section that suggests, by 
text or illustration, that such recipient treats applicants, students, 
or employees differently on the basis of sex except as such treatment is 
permitted by these Title IX regulations.
    (c) Distribution. Each recipient shall distribute without 
discrimination on the basis of sex each publication described in 
paragraph (b)(1) of this section, and shall apprise each of its 
admission and employment recruitment representatives of the policy of 
nondiscrimination described in paragraph (a) of this section, and shall 
require such representatives to adhere to such policy.



                           Subpart B--Coverage



Sec. 101-4.200  Application.

    Except as provided in Secs. 101-4.205 through 101-4.235(a), these 
Title IX regulations apply to every recipient and to each education 
program or activity operated by such recipient that receives Federal 
financial assistance.



Sec. 101-4.205  Educational institutions and other entities controlled by religious organizations.

    (a) Exemption. These Title IX regulations do not apply to any 
operation of an educational institution or other entity that is 
controlled by a religious organization to the extent that application of 
these Title IX regulations would not be consistent with the religious 
tenets of such organization.

[[Page 19]]

    (b) Exemption claims. An educational institution or other entity 
that wishes to claim the exemption set forth in paragraph (a) of this 
section shall do so by submitting in writing to the designated agency 
official a statement by the highest-ranking official of the institution, 
identifying the provisions of these Title IX regulations that conflict 
with a specific tenet of the religious organization.



Sec. 101-4.210  Military and merchant marine educational institutions.

    These Title IX regulations do not apply to an educational 
institution whose primary purpose is the training of individuals for a 
military service of the United States or for the merchant marine.



Sec. 101-4.215  Membership practices of certain organizations.

    (a) Social fraternities and sororities. These Title IX regulations 
do not apply to the membership practices of social fraternities and 
sororities that are exempt from taxation under section 501(a) of the 
Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership 
of which consists primarily of students in attendance at institutions of 
higher education.
    (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. These 
Title IX regulations do not apply to the membership practices of the 
Young Men's Christian Association (YMCA), the Young Women's Christian 
Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire 
Girls.
    (c) Voluntary youth service organizations. These Title IX 
regulations do not apply to the membership practices of a voluntary 
youth service organization that is exempt from taxation under section 
501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the 
membership of which has been traditionally limited to members of one sex 
and principally to persons of less than nineteen years of age.



Sec. 101-4.220  Admissions.

    (a) Admissions to educational institutions prior to June 24, 1973, 
are not covered by these Title IX regulations.
    (b) Administratively separate units. For the purposes only of this 
section, Secs. 101-4.225 and 101-4.230, and Secs. 101-4.300 through 101-
4.310, each administratively separate unit shall be deemed to be an 
educational institution.
    (c) Application of Secs. 101-4.300 through 101-4.310. Except as 
provided in paragraphs (d) and (e) of this section, Secs. 101-4.300 
through 101-4.310 apply to each recipient. A recipient to which 
Secs. 101-4.300 through 101-4.310 apply shall not discriminate on the 
basis of sex in admission or recruitment in violation of Secs. 101-4.300 
through 101-4.310.
    (d) Educational institutions. Except as provided in paragraph (e) of 
this section as to recipients that are educational institutions, 
Secs. 101-4.300 through 101-4.310 apply only to institutions of 
vocational education, professional education, graduate higher education, 
and public institutions of undergraduate higher education.
    (e) Public institutions of undergraduate higher education. 
Secs. 101-4.300 through 101-4.310 do not apply to any public institution 
of undergraduate higher education that traditionally and continually 
from its establishment has had a policy of admitting students of only 
one sex.



Sec. 101-4.225  Educational institutions eligible to submit transition plans.

    (a) Application. This section applies to each educational 
institution to which Secs. 101-4.300 through 101-4.310 apply that:
    (1) Admitted students of only one sex as regular students as of June 
23, 1972; or
    (2) Admitted students of only one sex as regular students as of June 
23, 1965, but thereafter admitted, as regular students, students of the 
sex not admitted prior to June 23, 1965.
    (b) Provision for transition plans. An educational institution to 
which this section applies shall not discriminate on the basis of sex in 
admission or recruitment in violation of Secs. 101-4.300 through 101-
4.310.



Sec. 101-4.230  Transition plans.

    (a) Submission of plans. An institution to which Sec. 101-4.225 
applies and that is composed of more than one administratively separate 
unit may submit either a single transition plan applicable to

[[Page 20]]

all such units, or a separate transition plan applicable to each such 
unit.
    (b) Content of plans. In order to be approved by the Secretary of 
Education, a transition plan shall:
    (1) State the name, address, and Federal Interagency Committee on 
Education Code of the educational institution submitting such plan, the 
administratively separate units to which the plan is applicable, and the 
name, address, and telephone number of the person to whom questions 
concerning the plan may be addressed. The person who submits the plan 
shall be the chief administrator or president of the institution, or 
another individual legally authorized to bind the institution to all 
actions set forth in the plan.
    (2) State whether the educational institution or administratively 
separate unit admits students of both sexes as regular students and, if 
so, when it began to do so.
    (3) Identify and describe with respect to the educational 
institution or administratively separate unit any obstacles to admitting 
students without discrimination on the basis of sex.
    (4) Describe in detail the steps necessary to eliminate as soon as 
practicable each obstacle so identified and indicate the schedule for 
taking these steps and the individual directly responsible for their 
implementation.
    (5) Include estimates of the number of students, by sex, expected to 
apply for, be admitted to, and enter each class during the period 
covered by the plan.
    (c) Nondiscrimination. No policy or practice of a recipient to which 
Sec. 101-4.225 applies shall result in treatment of applicants to or 
students of such recipient in violation of Secs. 101-4.300 through 101-
4.310 unless such treatment is necessitated by an obstacle identified in 
paragraph (b)(3) of this section and a schedule for eliminating that 
obstacle has been provided as required by paragraph (b)(4) of this 
section.
    (d) Effects of past exclusion. To overcome the effects of past 
exclusion of students on the basis of sex, each educational institution 
to which Sec. 101-4.225 applies shall include in its transition plan, 
and shall implement, specific steps designed to encourage individuals of 
the previously excluded sex to apply for admission to such institution. 
Such steps shall include instituting recruitment programs that emphasize 
the institution's commitment to enrolling students of the sex previously 
excluded.



Sec. 101-4.235  Statutory amendments.

    (a) This section, which applies to all provisions of these Title IX 
regulations, addresses statutory amendments to Title IX.
    (b) These Title IX regulations shall not apply to or preclude:
    (1) Any program or activity of the American Legion undertaken in 
connection with the organization or operation of any Boys State 
conference, Boys Nation conference, Girls State conference, or Girls 
Nation conference;
    (2) Any program or activity of a secondary school or educational 
institution specifically for:
    (i) The promotion of any Boys State conference, Boys Nation 
conference, Girls State conference, or Girls Nation conference; or
    (ii) The selection of students to attend any such conference;
    (3) Father-son or mother-daughter activities at an educational 
institution or in an education program or activity, but if such 
activities are provided for students of one sex, opportunities for 
reasonably comparable activities shall be provided to students of the 
other sex;
    (4) Any scholarship or other financial assistance awarded by an 
institution of higher education to an individual because such individual 
has received such award in a single-sex pageant based upon a combination 
of factors related to the individual's personal appearance, poise, and 
talent. The pageant, however, must comply with other nondiscrimination 
provisions of Federal law.
    (c) Program or activity or program means:
    (1) All of the operations of any entity described in paragraphs 
(c)(1)(i) through (iv) of this section, any part of which is extended 
Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or

[[Page 21]]

    (B) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in section 8801 of title 
20), system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (iv) Any other entity that is established by two or more of the 
entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 
section.
    (2)(i) Program or activity does not include any operation of an 
entity that is controlled by a religious organization if the application 
of 20 U.S.C. 1681 to such operation would not be consistent with the 
religious tenets of such organization.
    (ii) For example, all of the operations of a college, university, or 
other postsecondary institution, including but not limited to 
traditional educational operations, faculty and student housing, campus 
shuttle bus service, campus restaurants, the bookstore, and other 
commercial activities are part of a ``program or activity'' subject to 
these Title IX regulations if the college, university, or other 
institution receives Federal financial assistance.
    (d)(1) Nothing in these Title IX regulations shall be construed to 
require or prohibit any person, or public or private entity, to provide 
or pay for any benefit or service, including the use of facilities, 
related to an abortion. Medical procedures, benefits, services, and the 
use of facilities, necessary to save the life of a pregnant woman or to 
address complications related to an abortion are not subject to this 
section.
    (2) Nothing in this section shall be construed to permit a penalty 
to be imposed on any person or individual because such person or 
individual is seeking or has received any benefit or service related to 
a legal abortion. Accordingly, subject to paragraph (d)(1) of this 
section, no person shall be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, employment, or other 
educational program or activity operated by a recipient that receives 
Federal financial assistance because such individual has sought or 
received, or is seeking, a legal abortion, or any benefit or service 
related to a legal abortion.



     Subpart C--Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited



Sec. 101-4.300  Admission.

    (a) General. No person shall, on the basis of sex, be denied 
admission, or be subjected to discrimination in admission, by any 
recipient to which Secs. 101-4.300 through 101-4.310 apply, except as 
provided in Secs. 101-4.225 and 101-4.230.
    (b) Specific prohibitions. (1) In determining whether a person 
satisfies any policy or criterion for admission, or in making any offer 
of admission, a recipient to which Secs. 101-4.300 through 101-4.310 
apply shall not:
    (i) Give preference to one person over another on the basis of sex, 
by ranking applicants separately on such basis, or otherwise;
    (ii) Apply numerical limitations upon the number or proportion of 
persons of either sex who may be admitted; or
    (iii) Otherwise treat one individual differently from another on the 
basis of sex.
    (2) A recipient shall not administer or operate any test or other 
criterion for admission that has a disproportionately adverse effect on 
persons on the

[[Page 22]]

basis of sex unless the use of such test or criterion is shown to 
predict validly success in the education program or activity in question 
and alternative tests or criteria that do not have such a 
disproportionately adverse effect are shown to be unavailable.
    (c) Prohibitions relating to marital or parental status. In 
determining whether a person satisfies any policy or criterion for 
admission, or in making any offer of admission, a recipient to which 
Secs. 101-4.300 through 101-4.310 apply:
    (1) Shall not apply any rule concerning the actual or potential 
parental, family, or marital status of a student or applicant that 
treats persons differently on the basis of sex;
    (2) Shall not discriminate against or exclude any person on the 
basis of pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom, or establish or follow any rule or practice that so 
discriminates or excludes;
    (3) Subject to Sec. 101-4.235(d), shall treat disabilities related 
to pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability or physical condition; and
    (4) Shall not make pre-admission inquiry as to the marital status of 
an applicant for admission, including whether such applicant is ``Miss'' 
or ``Mrs.'' A recipient may make pre-admission inquiry as to the sex of 
an applicant for admission, but only if such inquiry is made equally of 
such applicants of both sexes and if the results of such inquiry are not 
used in connection with discrimination prohibited by these Title IX 
regulations.



Sec. 101-4.305  Preference in admission.

    A recipient to which Secs. 101-4.300 through 101-4.310 apply shall 
not give preference to applicants for admission, on the basis of 
attendance at any educational institution or other school or entity that 
admits as students only or predominantly members of one sex, if the 
giving of such preference has the effect of discriminating on the basis 
of sex in violation of Secs. 101-4.300 through 101-4.310.



Sec. 101-4.310  Recruitment.

    (a) Nondiscriminatory recruitment. A recipient to which Secs. 101-
4.300 through 101-4.310 apply shall not discriminate on the basis of sex 
in the recruitment and admission of students. A recipient may be 
required to undertake additional recruitment efforts for one sex as 
remedial action pursuant to Sec. 101-4.110(a), and may choose to 
undertake such efforts as affirmative action pursuant to Sec. 101-
4.110(b).
    (b) Recruitment at certain institutions. A recipient to which 
Secs. 101-4.300 through 101-4.310 apply shall not recruit primarily or 
exclusively at educational institutions, schools, or entities that admit 
as students only or predominantly members of one sex, if such actions 
have the effect of discriminating on the basis of sex in violation of 
Secs. 101-4.300 through 101-4.310.



 Subpart D--Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited



Sec. 101-4.400  Education programs or activities.

    (a) General. Except as provided elsewhere in these Title IX 
regulations, no person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any academic, extracurricular, research, 
occupational training, or other education program or activity operated 
by a recipient that receives Federal financial assistance. Sections 101-
4.400 through 101-4.455 do not apply to actions of a recipient in 
connection with admission of its students to an education program or 
activity of a recipient to which Secs. 101-4.300 through 101-4.310 do 
not apply, or an entity, not a recipient, to which Secs. 101-4.300 
through 101-4.310 would not apply if the entity were a recipient.
    (b) Specific prohibitions. Except as provided in Secs. 101-4.400 
through 101-4.455, in providing any aid, benefit, or service to a 
student, a recipient shall not, on the basis of sex:
    (1) Treat one person differently from another in determining whether 
such person satisfies any requirement or condition for the provision of 
such aid, benefit, or service;

[[Page 23]]

    (2) Provide different aid, benefits, or services or provide aid, 
benefits, or services in a different manner;
    (3) Deny any person any such aid, benefit, or service;
    (4) Subject any person to separate or different rules of behavior, 
sanctions, or other treatment;
    (5) Apply any rule concerning the domicile or residence of a student 
or applicant, including eligibility for in-state fees and tuition;
    (6) Aid or perpetuate discrimination against any person by providing 
significant assistance to any agency, organization, or person that 
discriminates on the basis of sex in providing any aid, benefit, or 
service to students or employees;
    (7) Otherwise limit any person in the enjoyment of any right, 
privilege, advantage, or opportunity.
    (c) Assistance administered by a recipient educational institution 
to study at a foreign institution. A recipient educational institution 
may administer or assist in the administration of scholarships, 
fellowships, or other awards established by foreign or domestic wills, 
trusts, or similar legal instruments, or by acts of foreign governments 
and restricted to members of one sex, that are designed to provide 
opportunities to study abroad, and that are awarded to students who are 
already matriculating at or who are graduates of the recipient 
institution; Provided, that a recipient educational institution that 
administers or assists in the administration of such scholarships, 
fellowships, or other awards that are restricted to members of one sex 
provides, or otherwise makes available, reasonable opportunities for 
similar studies for members of the other sex. Such opportunities may be 
derived from either domestic or foreign sources.
    (d) Aids, benefits or services not provided by recipient. (1) This 
paragraph (d) applies to any recipient that requires participation by 
any applicant, student, or employee in any education program or activity 
not operated wholly by such recipient, or that facilitates, permits, or 
considers such participation as part of or equivalent to an education 
program or activity operated by such recipient, including participation 
in educational consortia and cooperative employment and student-teaching 
assignments.
    (2) Such recipient:
    (i) Shall develop and implement a procedure designed to assure 
itself that the operator or sponsor of such other education program or 
activity takes no action affecting any applicant, student, or employee 
of such recipient that these Title IX regulations would prohibit such 
recipient from taking; and
    (ii) Shall not facilitate, require, permit, or consider such 
participation if such action occurs.



Sec. 101-4.405  Housing.

    (a) Generally. A recipient shall not, on the basis of sex, apply 
different rules or regulations, impose different fees or requirements, 
or offer different services or benefits related to housing, except as 
provided in this section (including housing provided only to married 
students).
    (b) Housing provided by recipient. (1) A recipient may provide 
separate housing on the basis of sex.
    (2) Housing provided by a recipient to students of one sex, when 
compared to that provided to students of the other sex, shall be as a 
whole:
    (i) Proportionate in quantity to the number of students of that sex 
applying for such housing; and
    (ii) Comparable in quality and cost to the student.
    (c) Other housing. (1) A recipient shall not, on the basis of sex, 
administer different policies or practices concerning occupancy by its 
students of housing other than that provided by such recipient.
    (2)(i) A recipient which, through solicitation, listing, approval of 
housing, or otherwise, assists any agency, organization, or person in 
making housing available to any of its students, shall take such 
reasonable action as may be necessary to assure itself that such housing 
as is provided to students of one sex, when compared to that provided to 
students of the other sex, is as a whole:
    (A) Proportionate in quantity; and
    (B) Comparable in quality and cost to the student.
    (ii) A recipient may render such assistance to any agency, 
organization,

[[Page 24]]

or person that provides all or part of such housing to students of only 
one sex.



Sec. 101-4.410  Comparable facilities.

    A recipient may provide separate toilet, locker room, and shower 
facilities on the basis of sex, but such facilities provided for 
students of one sex shall be comparable to such facilities provided for 
students of the other sex.



Sec. 101-4.415  Access to course offerings.

    (a) A recipient shall not provide any course or otherwise carry out 
any of its education program or activity separately on the basis of sex, 
or require or refuse participation therein by any of its students on 
such basis, including health, physical education, industrial, business, 
vocational, technical, home economics, music, and adult education 
courses.
    (b)(1) With respect to classes and activities in physical education 
at the elementary school level, the recipient shall comply fully with 
this section as expeditiously as possible but in no event later than one 
year from September 29, 2000. With respect to physical education classes 
and activities at the secondary and post-secondary levels, the recipient 
shall comply fully with this section as expeditiously as possible but in 
no event later than three years from September 29, 2000.
    (2) This section does not prohibit grouping of students in physical 
education classes and activities by ability as assessed by objective 
standards of individual performance developed and applied without regard 
to sex.
    (3) This section does not prohibit separation of students by sex 
within physical education classes or activities during participation in 
wrestling, boxing, rugby, ice hockey, football, basketball, and other 
sports the purpose or major activity of which involves bodily contact.
    (4) Where use of a single standard of measuring skill or progress in 
a physical education class has an adverse effect on members of one sex, 
the recipient shall use appropriate standards that do not have such 
effect.
    (5) Portions of classes in elementary and secondary schools, or 
portions of education programs or activities, that deal exclusively with 
human sexuality may be conducted in separate sessions for boys and 
girls.
    (6) Recipients may make requirements based on vocal range or quality 
that may result in a chorus or choruses of one or predominantly one sex.



Sec. 101-4.420  Access to schools operated by LEAs.

    A recipient that is a local educational agency shall not, on the 
basis of sex, exclude any person from admission to:
    (a) Any institution of vocational education operated by such 
recipient; or
    (b) Any other school or educational unit operated by such recipient, 
unless such recipient otherwise makes available to such person, pursuant 
to the same policies and criteria of admission, courses, services, and 
facilities comparable to each course, service, and facility offered in 
or through such schools.



Sec. 101-4.425  Counseling and use of appraisal and counseling materials.

    (a) Counseling. A recipient shall not discriminate against any 
person on the basis of sex in the counseling or guidance of students or 
applicants for admission.
    (b) Use of appraisal and counseling materials. A recipient that uses 
testing or other materials for appraising or counseling students shall 
not use different materials for students on the basis of their sex or 
use materials that permit or require different treatment of students on 
such basis unless such different materials cover the same occupations 
and interest areas and the use of such different materials is shown to 
be essential to eliminate sex bias. Recipients shall develop and use 
internal procedures for ensuring that such materials do not discriminate 
on the basis of sex. Where the use of a counseling test or other 
instrument results in a substantially disproportionate number of members 
of one sex in any particular course of study or classification, the 
recipient shall take such action as is necessary to assure itself that 
such disproportion is not the result of discrimination in the instrument 
or its application.

[[Page 25]]

    (c) Disproportion in classes. Where a recipient finds that a 
particular class contains a substantially disproportionate number of 
individuals of one sex, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination on the basis of sex in counseling or appraisal materials 
or by counselors.



Sec. 101-4.430  Financial assistance.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, in providing financial assistance to any of its students, a 
recipient shall not:
    (1) On the basis of sex, provide different amounts or types of such 
assistance, limit eligibility for such assistance that is of any 
particular type or source, apply different criteria, or otherwise 
discriminate;
    (2) Through solicitation, listing, approval, provision of 
facilities, or other services, assist any foundation, trust, agency, 
organization, or person that provides assistance to any of such 
recipient's students in a manner that discriminates on the basis of sex; 
or
    (3) Apply any rule or assist in application of any rule concerning 
eligibility for such assistance that treats persons of one sex 
differently from persons of the other sex with regard to marital or 
parental status.
    (b) Financial aid established by certain legal instruments. (1) A 
recipient may administer or assist in the administration of 
scholarships, fellowships, or other forms of financial assistance 
established pursuant to domestic or foreign wills, trusts, bequests, or 
similar legal instruments or by acts of a foreign government that 
require that awards be made to members of a particular sex specified 
therein; Provided, that the overall effect of the award of such sex-
restricted scholarships, fellowships, and other forms of financial 
assistance does not discriminate on the basis of sex.
    (2) To ensure nondiscriminatory awards of assistance as required in 
paragraph (b)(1) of this section, recipients shall develop and use 
procedures under which:
    (i) Students are selected for award of financial assistance on the 
basis of nondiscriminatory criteria and not on the basis of availability 
of funds restricted to members of a particular sex;
    (ii) An appropriate sex-restricted scholarship, fellowship, or other 
form of financial assistance is allocated to each student selected under 
paragraph (b)(2)(i) of this section; and
    (iii) No student is denied the award for which he or she was 
selected under paragraph (b)(2)(i) of this section because of the 
absence of a scholarship, fellowship, or other form of financial 
assistance designated for a member of that student's sex.
    (c) Athletic scholarships. (1) To the extent that a recipient awards 
athletic scholarships or grants-in-aid, it must provide reasonable 
opportunities for such awards for members of each sex in proportion to 
the number of students of each sex participating in interscholastic or 
intercollegiate athletics.
    (2) A recipient may provide separate athletic scholarships or 
grants-in-aid for members of each sex as part of separate athletic teams 
for members of each sex to the extent consistent with this paragraph (c) 
and Sec. 101-4.450.



Sec. 101-4.435  Employment assistance to students.

    (a) Assistance by recipient in making available outside employment. 
A recipient that assists any agency, organization, or person in making 
employment available to any of its students:
    (1) Shall assure itself that such employment is made available 
without discrimination on the basis of sex; and
    (2) Shall not render such services to any agency, organization, or 
person that discriminates on the basis of sex in its employment 
practices.
    (b) Employment of students by recipients. A recipient that employs 
any of its students shall not do so in a manner that violates Secs. 101-
4.500 through 101-4.550.



Sec. 101-4.440  Health and insurance benefits and services.

    Subject to Sec. 101-4.235(d), in providing a medical, hospital, 
accident, or life insurance benefit, service, policy, or plan to any of 
its students, a recipient shall not discriminate on the basis of sex, or 
provide such benefit, service, policy, or plan in a manner that would 
violate Secs. 101-4.500 through 101-4.550 if it were

[[Page 26]]

provided to employees of the recipient. This section shall not prohibit 
a recipient from providing any benefit or service that may be used by a 
different proportion of students of one sex than of the other, including 
family planning services. However, any recipient that provides full 
coverage health service shall provide gynecological care.



Sec. 101-4.445  Marital or parental status.

    (a) Status generally. A recipient shall not apply any rule 
concerning a student's actual or potential parental, family, or marital 
status that treats students differently on the basis of sex.
    (b) Pregnancy and related conditions. (1) A recipient shall not 
discriminate against any student, or exclude any student from its 
education program or activity, including any class or extracurricular 
activity, on the basis of such student's pregnancy, childbirth, false 
pregnancy, termination of pregnancy, or recovery therefrom, unless the 
student requests voluntarily to participate in a separate portion of the 
program or activity of the recipient.
    (2) A recipient may require such a student to obtain the 
certification of a physician that the student is physically and 
emotionally able to continue participation as long as such a 
certification is required of all students for other physical or 
emotional conditions requiring the attention of a physician.
    (3) A recipient that operates a portion of its education program or 
activity separately for pregnant students, admittance to which is 
completely voluntary on the part of the student as provided in paragraph 
(b)(1) of this section, shall ensure that the separate portion is 
comparable to that offered to non-pregnant students.
    (4) Subject to Sec. 101-4.235(d), a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy and recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability with respect to any medical or hospital benefit, 
service, plan, or policy that such recipient administers, operates, 
offers, or participates in with respect to students admitted to the 
recipient's educational program or activity.
    (5) In the case of a recipient that does not maintain a leave policy 
for its students, or in the case of a student who does not otherwise 
qualify for leave under such a policy, a recipient shall treat 
pregnancy, childbirth, false pregnancy, termination of pregnancy, and 
recovery therefrom as a justification for a leave of absence for as long 
a period of time as is deemed medically necessary by the student's 
physician, at the conclusion of which the student shall be reinstated to 
the status that she held when the leave began.



Sec. 101-4.450  Athletics.

    (a) General. No person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, be treated differently from 
another person, or otherwise be discriminated against in any 
interscholastic, intercollegiate, club, or intramural athletics offered 
by a recipient, and no recipient shall provide any such athletics 
separately on such basis.
    (b) Separate teams. Notwithstanding the requirements of paragraph 
(a) of this section, a recipient may operate or sponsor separate teams 
for members of each sex where selection for such teams is based upon 
competitive skill or the activity involved is a contact sport. However, 
where a recipient operates or sponsors a team in a particular sport for 
members of one sex but operates or sponsors no such team for members of 
the other sex, and athletic opportunities for members of that sex have 
previously been limited, members of the excluded sex must be allowed to 
try out for the team offered unless the sport involved is a contact 
sport. For the purposes of these Title IX regulations, contact sports 
include boxing, wrestling, rugby, ice hockey, football, basketball, and 
other sports the purpose or major activity of which involves bodily 
contact.
    (c) Equal opportunity. (1) A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics shall 
provide equal athletic opportunity for members of both sexes. In 
determining whether equal opportunities are available, the designated 
agency official will consider, among other factors:
    (i) Whether the selection of sports and levels of competition 
effectively

[[Page 27]]

accommodate the interests and abilities of members of both sexes;
    (ii) The provision of equipment and supplies;
    (iii) Scheduling of games and practice time;
    (iv) Travel and per diem allowance;
    (v) Opportunity to receive coaching and academic tutoring;
    (vi) Assignment and compensation of coaches and tutors;
    (vii) Provision of locker rooms, practice, and competitive 
facilities;
    (viii) Provision of medical and training facilities and services;
    (ix) Provision of housing and dining facilities and services;
    (x) Publicity.
    (2) For purposes of paragraph (c)(1) of this section, unequal 
aggregate expenditures for members of each sex or unequal expenditures 
for male and female teams if a recipient operates or sponsors separate 
teams will not constitute noncompliance with this section, but the 
designated agency official may consider the failure to provide necessary 
funds for teams for one sex in assessing equality of opportunity for 
members of each sex.
    (d) Adjustment period. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
elementary school level shall comply fully with this section as 
expeditiously as possible but in no event later than one year from 
September 29, 2000. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
secondary or postsecondary school level shall comply fully with this 
section as expeditiously as possible but in no event later than three 
years from September 29, 2000.



Sec. 101-4.455  Textbooks and curricular material.

    Nothing in these Title IX regulations shall be interpreted as 
requiring or prohibiting or abridging in any way the use of particular 
textbooks or curricular materials.



Subpart E--Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited



Sec. 101-4.500  Employment.

    (a) General. (1) No person shall, on the basis of sex, be excluded 
from participation in, be denied the benefits of, or be subjected to 
discrimination in employment, or recruitment, consideration, or 
selection therefor, whether full-time or part-time, under any education 
program or activity operated by a recipient that receives Federal 
financial assistance.
    (2) A recipient shall make all employment decisions in any education 
program or activity operated by such recipient in a nondiscriminatory 
manner and shall not limit, segregate, or classify applicants or 
employees in any way that could adversely affect any applicant's or 
employee's employment opportunities or status because of sex.
    (3) A recipient shall not enter into any contractual or other 
relationship which directly or indirectly has the effect of subjecting 
employees or students to discrimination prohibited by Secs. 101-4.500 
through 101-4.550, including relationships with employment and referral 
agencies, with labor unions, and with organizations providing or 
administering fringe benefits to employees of the recipient.
    (4) A recipient shall not grant preferences to applicants for 
employment on the basis of attendance at any educational institution or 
entity that admits as students only or predominantly members of one sex, 
if the giving of such preferences has the effect of discriminating on 
the basis of sex in violation of these Title IX regulations.
    (b) Application. The provisions of Secs. 101-4.500 through 101-4.550 
apply to:
    (1) Recruitment, advertising, and the process of application for 
employment;
    (2) Hiring, upgrading, promotion, consideration for and award of 
tenure, demotion, transfer, layoff, termination, application of nepotism 
policies, right of return from layoff, and rehiring;

[[Page 28]]

    (3) Rates of pay or any other form of compensation, and changes in 
compensation;
    (4) Job assignments, classifications, and structure, including 
position descriptions, lines of progression, and seniority lists;
    (5) The terms of any collective bargaining agreement;
    (6) Granting and return from leaves of absence, leave for pregnancy, 
childbirth, false pregnancy, termination of pregnancy, leave for persons 
of either sex to care for children or dependents, or any other leave;
    (7) Fringe benefits available by virtue of employment, whether or 
not administered by the recipient;
    (8) Selection and financial support for training, including 
apprenticeship, professional meetings, conferences, and other related 
activities, selection for tuition assistance, selection for sabbaticals 
and leaves of absence to pursue training;
    (9) Employer-sponsored activities, including social or recreational 
programs; and
    (10) Any other term, condition, or privilege of employment.



Sec. 101-4.505  Employment criteria.

    A recipient shall not administer or operate any test or other 
criterion for any employment opportunity that has a disproportionately 
adverse effect on persons on the basis of sex unless:
    (a) Use of such test or other criterion is shown to predict validly 
successful performance in the position in question; and
    (b) Alternative tests or criteria for such purpose, which do not 
have such disproportionately adverse effect, are shown to be 
unavailable.



Sec. 101-4.510  Recruitment.

    (a) Nondiscriminatory recruitment and hiring. A recipient shall not 
discriminate on the basis of sex in the recruitment and hiring of 
employees. Where a recipient has been found to be presently 
discriminating on the basis of sex in the recruitment or hiring of 
employees, or has been found to have so discriminated in the past, the 
recipient shall recruit members of the sex so discriminated against so 
as to overcome the effects of such past or present discrimination.
    (b) Recruitment patterns. A recipient shall not recruit primarily or 
exclusively at entities that furnish as applicants only or predominantly 
members of one sex if such actions have the effect of discriminating on 
the basis of sex in violation of Secs. 101-4.500 through 101-4.550.



Sec. 101-4.515  Compensation.

    A recipient shall not make or enforce any policy or practice that, 
on the basis of sex:
    (a) Makes distinctions in rates of pay or other compensation;
    (b) Results in the payment of wages to employees of one sex at a 
rate less than that paid to employees of the opposite sex for equal work 
on jobs the performance of which requires equal skill, effort, and 
responsibility, and that are performed under similar working conditions.



Sec. 101-4.520  Job classification and structure.

    A recipient shall not:
    (a) Classify a job as being for males or for females;
    (b) Maintain or establish separate lines of progression, seniority 
lists, career ladders, or tenure systems based on sex; or
    (c) Maintain or establish separate lines of progression, seniority 
systems, career ladders, or tenure systems for similar jobs, position 
descriptions, or job requirements that classify persons on the basis of 
sex, unless sex is a bona fide occupational qualification for the 
positions in question as set forth in Sec. 101-4.550.



Sec. 101-4.525  Fringe benefits.

    (a) ``Fringe benefits'' defined. For purposes of these Title IX 
regulations, fringe benefits means: Any medical, hospital, accident, 
life insurance, or retirement benefit, service, policy or plan, any 
profit-sharing or bonus plan, leave, and any other benefit or service of 
employment not subject to the provision of Sec. 101-4.515.
    (b) Prohibitions. A recipient shall not:
    (1) Discriminate on the basis of sex with regard to making fringe 
benefits available to employees or make fringe

[[Page 29]]

benefits available to spouses, families, or dependents of employees 
differently upon the basis of the employee's sex;
    (2) Administer, operate, offer, or participate in a fringe benefit 
plan that does not provide for equal periodic benefits for members of 
each sex and for equal contributions to the plan by such recipient for 
members of each sex; or
    (3) Administer, operate, offer, or participate in a pension or 
retirement plan that establishes different optional or compulsory 
retirement ages based on sex or that otherwise discriminates in benefits 
on the basis of sex.



Sec. 101-4.530  Marital or parental status.

    (a) General. A recipient shall not apply any policy or take any 
employment action:
    (1) Concerning the potential marital, parental, or family status of 
an employee or applicant for employment that treats persons differently 
on the basis of sex; or
    (2) Which is based upon whether an employee or applicant for 
employment is the head of household or principal wage earner in such 
employee's or applicant's family unit.
    (b) Pregnancy. A recipient shall not discriminate against or exclude 
from employment any employee or applicant for employment on the basis of 
pregnancy, childbirth, false pregnancy, termination of pregnancy, or 
recovery therefrom.
    (c) Pregnancy as a temporary disability. Subject to Sec. 101-
4.235(d), a recipient shall treat pregnancy, childbirth, false 
pregnancy, termination of pregnancy, recovery therefrom, and any 
temporary disability resulting therefrom as any other temporary 
disability for all job-related purposes, including commencement, 
duration, and extensions of leave, payment of disability income, accrual 
of seniority and any other benefit or service, and reinstatement, and 
under any fringe benefit offered to employees by virtue of employment.
    (d) Pregnancy leave. In the case of a recipient that does not 
maintain a leave policy for its employees, or in the case of an employee 
with insufficient leave or accrued employment time to qualify for leave 
under such a policy, a recipient shall treat pregnancy, childbirth, 
false pregnancy, termination of pregnancy, and recovery therefrom as a 
justification for a leave of absence without pay for a reasonable period 
of time, at the conclusion of which the employee shall be reinstated to 
the status that she held when the leave began or to a comparable 
position, without decrease in rate of compensation or loss of 
promotional opportunities, or any other right or privilege of 
employment.



Sec. 101-4.535  Effect of state or local law or other requirements.

    (a) Prohibitory requirements. The obligation to comply with 
Secs. 101-4.500 through 101-4.550 is not obviated or alleviated by the 
existence of any State or local law or other requirement that imposes 
prohibitions or limits upon employment of members of one sex that are 
not imposed upon members of the other sex.
    (b) Benefits. A recipient that provides any compensation, service, 
or benefit to members of one sex pursuant to a State or local law or 
other requirement shall provide the same compensation, service, or 
benefit to members of the other sex.



Sec. 101-4.540  Advertising.

    A recipient shall not in any advertising related to employment 
indicate preference, limitation, specification, or discrimination based 
on sex unless sex is a bona fide occupational qualification for the 
particular job in question.



Sec. 101-4.545  Pre-employment inquiries.

    (a) Marital status. A recipient shall not make pre-employment 
inquiry as to the marital status of an applicant for employment, 
including whether such applicant is ``Miss'' or ``Mrs.''
    (b) Sex. A recipient may make pre-employment inquiry as to the sex 
of an applicant for employment, but only if such inquiry is made equally 
of such applicants of both sexes and if the results of such inquiry are 
not used in connection with discrimination prohibited by these Title IX 
regulations.



Sec. 101-4.550  Sex as a bona fide occupational qualification.

    A recipient may take action otherwise prohibited by Secs. 101-4.500 
through 101-4.550 provided it is shown that sex

[[Page 30]]

is a bona fide occupational qualification for that action, such that 
consideration of sex with regard to such action is essential to 
successful operation of the employment function concerned. A recipient 
shall not take action pursuant to this section that is based upon 
alleged comparative employment characteristics or stereotyped 
characterizations of one or the other sex, or upon preference based on 
sex of the recipient, employees, students, or other persons, but nothing 
contained in this section shall prevent a recipient from considering an 
employee's sex in relation to employment in a locker room or toilet 
facility used only by members of one sex.



                          Subpart F--Procedures



Sec. 101-4.600  Notice of covered programs.

    Within 60 days of September 29, 2000, each Federal agency that 
awards Federal financial assistance shall publish in the Federal 
Register a notice of the programs covered by these Title IX regulations. 
Each such Federal agency shall periodically republish the notice of 
covered programs to reflect changes in covered programs. Copies of this 
notice also shall be made available upon request to the Federal agency's 
office that enforces Title IX.



Sec. 101-4.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural provisions 
of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title 
VI'') are hereby adopted and applied to these Title IX regulations. 
These procedures may be found at 41 CFR part 101-6, subpart 101-6.2.



PART 101-5--CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES--Table of Contents




Sec.
101-5.000  Scope of part.

                        Subpart 101-5.1--General

101-5.100  Scope of subpart.
101-5.101  Applicability.
101-5.102  Definitions.
101-5.103  Policy.
101-5.104  Economic feasibility of centralized services.
101-5.104-1  General.
101-5.104-2  Basis for determining economic feasibility.
101-5.104-3  Data requirements for feasibility studies.
101-5.104-4  Scheduling feasibility studies.
101-5.104-5  Designating agency representatives.
101-5.104-6  Conduct of feasibility studies.
101-5.104-7  Administrator's determination.
101-5.105  Operation of the centralized facility.
101-5.106  Agency committees.

        Subpart 101-5.2--Centralized Field Reproduction Services

101-5.200  Scope of subpart.
101-5.201  Applicability.
101-5.202  Types of centralized field reproduction services.
101-5.203  Economic feasibility of centralized field reproduction 
          services.
101-5.203-1  Scheduling of feasibility studies.
101-5.203-2  Notification of feasibility studies.
101-5.203-3  Initiation of feasibility studies.
101-5.203-4  Duplicating Services--Individual Agency Survey.
101-5.203-5  Uniform space allowances.
101-5.203-6  Pooling of equipment and personnel.
101-5.203-7  Determination of feasibility.
101-5.204  Operation of centralized field reproduction facilities.
101-5.204-1  Continuity of service.
101-5.204-2  Announcement of centralized services.
101-5.204-3  Appraisal of operations.
101-5.205  Designation of other agencies to operate plants.
101-5.205-1  General.
101-5.205-2  Prerequisites to designation of other agencies.
101-5.205-3  Actions prior to operation of facilities.
101-5.205-4  Plant inspections and customer evaluations.

            Subpart 101-5.3--Federal Employee Health Services

101-5.300  Scope of subpart.
101-5.301  Applicability.
101-5.302  Objective.
101-5.303  Guiding principles.
101-5.304  Type of occupational health services.
101-5.305  Agency participation.
101-5.306  Economic feasibility.
101-5.307  Public Health Service.

Subparts 101-5.4--101-5.48 [Reserved]

[[Page 31]]

           Subpart 101-5.49--Forms, Reports, and Instructions

101-5.4900  Scope of subpart.

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



Sec. 101-5.000  Scope of part.

    This part prescribes the methods by which the General Services 
Administration provides for establishment of centralized services in 
Federal buildings or complexes occupied by a number of executive 
agencies.

[56 FR 33873, July 24, 1991]



                        Subpart 101-5.1--General

    Source: 30 FR 4199, Mar. 31, 1965, unless otherwise noted.



Sec. 101-5.100  Scope of subpart.

    This subpart states general policies, guidelines, and procedures for 
establishing centralized services in multioccupant Federal buildings.

[42 FR 35853, July 12, 1977]



Sec. 101-5.101  Applicability.

    The regulations in this part apply to all executive agencies which 
occupy space in or are prospective occupants of multi-occupant Federal 
buildings located in the United States. In appropriate circumstances, 
the centralized services provided pursuant to this part are extended to 
agencies occupying other Federal buildings in the same geographical 
area. For purposes of this part, reference to Federal buildings may be 
deemed to include, when appropriate, leased buildings or specific leased 
space in a commercial building under the control of GSA.

[56 FR 33873, July 24, 1991]



Sec. 101-5.102  Definitions.

    (a) Centralized services means those central supporting and 
administrative services and facilities provided to occupying agencies in 
Federal buildings or nearby locations in lieu of each agency providing 
the same services or facilities for its own use. This includes those 
common administrative services provided by a Cooperative Administrative 
Support Unit (CASU). It does not include such common building features 
as cafeterias, blind stands, loading platforms, auditoriums, 
incinerators, or similar facilities. Excluded are interagency fleet 
management centers established pursuant to Public Law 766, 83d Congress, 
and covered by part 101-39 of this chapter.
    (b) Occupying agency means any Federal agency assigned space in a 
building or complex for which GSA has oversight of, or responsibility 
for the functions of operation and maintenance in addition to space 
assignment.
    (c) Cooperative Administrative Support Unit (CASU) means an 
organized mechanism for providing administrative services for agencies 
in multi-tenant federally occupied buildings.

[56 FR 33873, July 24, 1991]



Sec. 101-5.103  Policy.

    To the extent practicable, GSA will provide or arrange for the 
provision of centralized services whenever such services insure 
increased efficiency and economy to the Government without hampering 
program activities or essential internal administration of the agencies 
to be served.



Sec. 101-5.104  Economic feasibility of centralized services.



Sec. 101-5.104-1  General.

    GSA is currently providing various centralized services to Federal 
agencies in such fields as office and storage space, supplies and 
materials, communications, records management, transportation services, 
and printing and reprographics. Other centralized CASU's may be 
providing supporting services or activities such as health units, use of 
training devices and facilities, pistol ranges, and central facilities 
for receipt and dispatch of mail. Consolidation and sharing is 
frequently feasible with resulting economies in personnel, equipment, 
and space. Opportunities to effect economies through planned 
consolidation of such services occur particularly during the design 
stage of the construction of new Federal buildings, or the renovations 
to existing buildings. Opportunities may also occur as a result of needs

[[Page 32]]

assessments jointly conducted by local agencies.

[56 FR 33873, July 24, 1991]



Sec. 101-5.104-2  Basis for determining economic feasibility.

    (a) Whenever possible, determination of the economic feasibility of 
a proposed centralized service shall be based upon standard data on the 
relationship of the size of the Federal building, the number of 
occupants, location, and other factors pertinent to the type of 
centralized service being considered.
    (b) In the absence of standard data on which a determination of 
economic feasibility can be based, or where such data must be 
supplemented by additional factual information, a formal feasibility 
study may be made by GSA or a CASU workgroup, in coordination with local 
agencies to be involved, prior to a final determination to proceed with 
the furnishing of a centralized service. Generally, a formal feasibility 
study will be made only if provision of the proposed centralized service 
would involve the pooling of staff, equipment, and space which occupying 
agencies otherwise would be required to use in providing the service for 
themselves. Examples of centralized services which may require formal 
studies include printing and duplicating plants and similar facilities.
    (c) On the basis of experience under the centralized services 
program, GSA will develop criteria as to cost comparisons, production 
needs, building population, number of agencies involved, and other 
appropriate factors for consideration in determining the practicability 
of establishing various types of centralized services.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]



Sec. 101-5.104-3  Data requirements for feasibility studies.

    (a) The data requirements for feasibility studies may vary from 
program to program, but shall be standard within any single program. 
Such data shall disclose the costs resulting from provisions of the 
service on a centralized basis as compared to the same service provided 
separately by each occupying agency, including the costs of personnel 
assigned to provide the service, comparative space needs, equipment use, 
and any other pertinent factors.
    (b) Wherever feasible and appropriate, data will be secured directly 
from the prospective occupying agencies, subject to necessary 
verification procedures. Suitable standard formats and necessary 
instructions for submission of data will be prescribed in applicable 
subchapters of chapter 101.
    (c) Agencies required to submit data for a feasibility study will be 
furnished with copies of the prescribed reporting forms and such 
assistance as may be needed to assure their accurate and timely 
completion.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]



Sec. 101-5.104-4  Scheduling feasibility studies.

    The schedule of feasibility studies will be coordinated by GSA with 
its construction, space management, and buildings management programs. 
Before initiating the study, the Administrator of General Services, or 
his authorized designee, will give at least 30 days' notice to the head 
of each agency that would be served by the proposed centralized 
facility. Such notice will contain an indication of the cost elements 
involved and the general procedures to be followed in the study.



Sec. 101-5.104-5  Designating agency representatives.

    The head of each agency receiving a GSA notice regarding a scheduled 
feasibility study will be requested to designate one or more officials 
at the location where the study will be made who may consult with 
authorized GSA representatives. Such information and assistance as is 
required or pertinent for an adequate review of the feasibility of the 
proposed centralized service shall be made available to GSA through the 
designated agency representatives.



Sec. 101-5.104-6  Conduct  of  feasibility studies.

    An initial meeting of the representatives of prospective occupying 
agencies will be held to discuss the objectives and detailed procedures 
to be followed in the conduct of each feasibility

[[Page 33]]

study. Arrangements will be made at this meeting for securing all 
necessary data in accordance with Sec. 101-5.104-3.



Sec. 101-5.104-7  Administrator's determination.

    (a) The Administrator of General Services will determine, on the 
basis of the feasibility study, whether provision of a centralized 
service meets the criteria for increased economy, efficiency, and 
service, with due regard to the program and internal administrative 
requirements of the agencies to be served. The Director of the Office of 
Management and Budget and the head of each agency affected will be 
advised of the Administrator's determination and of the reasons 
therefor. Each determination to provide a centralized service shall 
include a formal report containing an explanation of the advantages to 
be gained, a comparison of estimated annual costs between the proposed 
centralized operation and separate agency operations, and a statement of 
the date the centralized facility will be fully operational.
    (b) While a formal appeals procedure is not prescribed, any agency 
desiring to explain its inability to participate in the use of a 
centralized service may do so through a letter to the Director of the 
Office of Management and Budget, with a copy to the Administrator of 
General Services.

[42 FR 35853, July 12, 1977]



Sec. 101-5.105  Operation of the centralized facility.

    (a) GSA will continually appraise the operation of centralized 
facilities to insure their continued justification in terms of economy 
and efficiency. Centralized services provided pursuant to the regulation 
may be discontinued or curtailed if no actual savings or operating 
improvements are realized after a minimum operating period of one year. 
Occupying agencies will be consulted regarding the timing of curtailment 
or discontinuance of any centralized services and the heads of such 
agencies notified at least 120 days in advance of each action.
    (b) Where mutual agreement is reached, an agency other than GSA may 
be designated by the Administrator of General Services to administer the 
centralized service.
    (c) Arrangements with regard to financing will conform to the 
special requirements of each type of centralized service and to existing 
law. Normally, reimbursement will be made for the use of established 
services except where the cost is nominal or where reimbursement may not 
be practicable.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]



Sec. 101-5.106  Agency committees.

    (a) Establishment. An occupying agency committee will be established 
by GSA if one does not exist, to assist the occupying agency, or such 
other agency as may be responsible, in the cooperative use of the 
centralized services, as defined in 101-5.102(a), provided in a Federal 
building. Generally, such a committee will be established when the 
problems of administration and coordination necessitate a formal method 
of consultation and discussion among occupying agencies.
    (b) Membership. Each occupying agency of a Federal building is 
entitled to membership on an agency committee. The chairperson of each 
such committee shall be a GSA employee designated by the appropriate GSA 
Regional Administrator, except when another agency had been designated 
to administer the centralized service. In this instance, the chairperson 
shall be an employee of such other agency as designated by competent 
authority within that agency.
    (c) Activities. Agency committees shall be advisory in nature and 
shall be concerned with the effectiveness of centralized services in the 
building. Recommendations of an agency committee will be forwarded by 
the chairman to the appropriate GSA officials for consideration and 
decision.
    (d) Reports. A resume of the minutes of each meeting of an agency 
committee shall be furnished to each member of the committee and to the 
appropriate GSA Regional Administrator.

[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]

[[Page 34]]



        Subpart 101-5.2--Centralized Field Reproduction Services



Sec. 101-5.200  Scope of subpart.

    This subpart states general guidelines and procedures for the 
establishment and operation of centralized field printing, duplicating, 
and photocopying services on a reimbursable basis. These services may be 
provided in multi-occupant leased and/or government-owned buildings.

[56 FR 33874, July 24, 1991]



Sec. 101-5.201  Applicability.

    This subpart is applicable to all executive agencies which occupy 
space in or are prospective occupants of a multioccupant Federal 
building or complex located in the United States.

[41 FR 46296, Oct. 20, 1976]



Sec. 101-5.202  Types of centralized field reproduction services.

    With due regard to the rules and regulations of the Joint Committee 
on Printing, the types of centralized field duplicating services made 
available by GSA to occupying agencies in a Federal building or complex 
will be as follows:
    (a) Services will include offset reproduction, electronic 
publishing, photocopying, distribution, bindery services, and other 
closely related services as requested or required.
    (b) Qualified specialists will be available for advice and guidance 
on publications management.

[30 FR 4358, Apr. 3, 1965, as amended at 41 FR 46296, Oct. 20, 1976; 56 
FR 33874, July 24, 1991]



Sec. 101-5.203  Economic feasibility of centralized field reproduction services.



Sec. 101-5.203-1  Scheduling of feasibility studies.

    (a) Based on the available data on the proposed size, location, 
number of agencies scheduled for occupancy, and other factors pertinent 
to a proposed new or acquired Federal building, GSA may determine 
whether to provide for a centralized field reproduction facility in the 
space directive covering the new building. A feasibility study 
thereafter will be scheduled and coordinated with the Federal building 
program of the Public Buildings Service, GSA, and the occupying agencies 
to occur during the period following development of the prospectus and 
before development of final working drawings for the space directive. 
The final decision to provide centralized field reproduction services in 
a new or acquired Federal building will be subject to subsequent 
determination by the GSA Administrator based upon results of the formal 
feasibility study. Agencies wishing not to participate may do so by 
requesting an exception from the appropriate GSA Regional Administrator.
    (b) Feasibility studies may be initiated by GSA and coordinated with 
occupying agencies in existing Federal buildings. Such studies will be 
conducted in accordance with the rules prescribed in 101-5.203.

[56 FR 33874, July 24, 1991]



Sec. 101-5.203-2  Notification of feasibility studies.

    The Administrator of General Services, or his authorized designee, 
will give at least 30 days notice to the head of each executive agency 
that would be served by a proposed centralized field reproduction 
facility in accordance with 101-5.104-4, and will request the 
designation of agency representatives, as provided in 101-5.104-5.

[56 FR 33874, July 24, 1991]



Sec. 101-5.203-3  Initiation of feasibility studies.

    Each feasibility study will be initiated with a general meeting of 
designated agency representatives, as provided in Sec. 101-5.104-6.



Sec. 101-5.203-4  Duplicating Services--Individual Agency Survey.

    Each agency covered by a feasibility study will be requested, 
through its designated local representative, to complete and furnish to 
the appropriate GSA regional office GSA Form 3300, Duplicating 
Services--Individual Agency Survey. When necessary, representatives of 
the GSA regional printing and distribution activity will be available to 
assist in completion of the GSA Form 3300. Copies of GSA Form 3300 will 
be furnished to the agencies

[[Page 35]]

by GSA regional offices at the time the request for completion is made.

[41 FR 46296, Oct. 20, 1976]



Sec. 101-5.203-5  Uniform space allowances.

    The space requirements for printing, duplicating, photocopying, and 
related equipment under individual agency use as compared with use in a 
centralized facility will be based upon uniform space allowances applied 
equally under both conditions.

[56 FR 33874, July 24, 1991]



Sec. 101-5.203-6  Pooling of equipment and personnel.

    (a) In establishing centralized reproduction facilities in Federal 
buildings or complexes, GSA's regional office will make arrangements 
with participating agencies for the transfer of duplicating and related 
equipment for the centralized plant. Equipment for which there is no 
foreseeable need in the centralized plant will not be transferred to the 
plant but will be disposed of or transferred by the owning agency out of 
the centralized plant. Copy processing machines, as provided in 
paragraph (b) of this section, as well as reproduction, addressing, and 
automatic-copy processing equipment used in bona fide systems 
applications may be retained by mutual agreement with user agencies.
    (b) All copy-processing machines having a maximum speed of 25 copies 
a minute or less are exempted from transfer to the centralized plant, 
subject to the following conditions:
    (1) No automatic document feeders, sorting mechanisms, or similar 
devices that encourage the use of the copier as a duplicating machine 
will be permitted, except in certified bona fide systems applications 
approved in advance by GSA.
    (2) All purchase orders for new copying equipment or for 
continuation of existing equipment shall be submitted to the centralized 
facility manager for approval prior to release to the vendor.
    (3) Exempted copiers, other than in bona fide systems applications 
provided in this Sec. 101-5.203-6, are to be used for making not more 
than 20 copies of any one original. Requirements for more than 20 copies 
shall be submitted to the centralized facility for reproduction.
    (4) The centralized facility manager shall periodically inspect 
agency copiers to ensure compliance with the terms of the exemption 
provisions. Following such inspections, action shall be taken first at 
the local level, then, if necessary, at the headquarters level, to 
promptly remove any unauthorized equipment, attachments, and devices not 
in consonance with these provisions.
    (c) Personnel devoting over 50 percent of time to the duplicating 
activities of the affected agency will be identified for transfer to the 
operating agency upon establishment of a centralized plant, in 
accordance with the Office of Personnel Management regulations relating 
to the transfer of functions. Agencies will transfer personnel ceiling 
to the operating agency for employees so transferred. In the event of 
later disestablishment of the centralized facility or substantial 
reduction in operations thereof, personnel ceiling will be returned to 
the agencies from which originally received.
    (d) Exceptions to pooling of equipment to meet the individual agency 
programmatic need, special physical security needs, confidentiality 
requirements, and/or certain quality standards will be made available to 
occupant agencies when use of such equipment is justified. Each agency 
must provide justification for approval of the GSA regional printing and 
distribution activity before acquiring space and/or electrical service 
from the building's manager. Otherwise, as agreed by the user agencies, 
GSA will not make available space for duplicating equipment, or provide 
other support services for such equipment in Federal buildings where use 
of that equipment would duplicate the services provided by the 
centralized services plant.

[41 FR 46296, Oct. 20, 1976, as amended at 56 FR 33875, July 24, 1991]



Sec. 101-5.203-7  Determination of feasibility.

    The Administrator of General Services will determine the economic 
feasibility of each proposed centralized field reproduction facility in 
accordance

[[Page 36]]

with 101-5.104-7. The Director of the Office of Management and Budget 
and the head of each affected agency will be advised of the 
Administrator's determination to establish a centralized facility.

[56 FR 33875, July 24, 1991]



Sec. 101-5.204  Operation of centralized field reproduction facilities.



Sec. 101-5.204-1  Continuity of service.

    Each new centralized field reproduction facility will be established 
in sufficient time to assure occupants moving into the building that 
there will be no interruption of duplicating services in support of 
their program activities.

[56 FR 33875, July 24, 1991]



Sec. 101-5.204-2  Announcement of centralized services.

    The appropriate GSA regional office will announce the availability 
of a centralized field reproduction facility approximately 90 days in 
advance of its activation, including:
    (a) The date service will be available;
    (b) The services which will be furnished, including technical 
assistance on reproduction problems;
    (c) A current price schedule;
    (d) Procedures for obtaining service; and
    (e) Billing procedures.

[56 FR 33875, July 24, 1991]



Sec. 101-5.204-3  Appraisal of operations.

    (a) The appropriate GSA regional office will appraise continually 
the operation of each centralized field reproduction facility. Proposals 
to expand, modify, or discontinue a centralized activity shall be made 
to the Director, Reproduction Services Division, in the Central Office, 
and must be supported by all pertinent information.
    (b) The Administrator of General Services will give a minimum of 120 
days notice to the heads of agencies concerned before any action to 
curtail or discontinue centralized services is taken.

[56 FR 33875, July 24, 1991]



Sec. 101-5.205  Designation of other agencies to operate plants.



Sec. 101-5.205-1  General.

    The Administrator of General Services, in accordance with 101-
5.105(b), may designate an agency other than GSA to operate a 
centralized field reproduction facility. Such designation will be made 
only by mutual agreement with the agency head concerned.

[56 FR 33875, July 24, 1991]



Sec. 101-5.205-2  Prerequisites to designation of other agencies.

    The following conditions are to be met by an agency designated by 
GSA to operate a centralized field reproduction facility:
    (a) Generally, prices changed to Government agencies using the 
centralized field facility should be no higher than those specified on 
the currently effective nationwide uniform General Services 
Administration Reproduction Services Price Schedule. In special 
circumstances, deviations from the Price Schedule may be developed 
jointly by GSA and the designated agency.
    (b) The designated agency shall accept responsibility for 
implementing the determination of the Administrator of General Services 
to establish a centralized reproduction facility, issued in accordance 
with 101-5.104-7 and 101-5.203-7, including the provisions for transfer 
of excess equipment and other procedures and conditions specified in 
that determination. Necessary deviations from the determination may be 
developed jointly by GSA and the designated agency.

[56 FR 33875, July 24, 1991]



Sec. 101-5.205-3  Actions prior to operation of facilities.

    The following actions are to be taken by an agency designated by GSA 
to operate a centralized field reproduction facility prior to operations 
of such a facility:
    (a) The designated agency shall assist the appropriate GSA regional 
office in the determination of firm space needs, including any special 
requirements. Space needs will be furnished by the GSA regional 
Administrative Services Division, Printing and Distribution

[[Page 37]]

Branch, before forwarding it to the Public Buildings Service, GSA, for 
preparation of final working drawings in the Federal building where the 
plant is to be located.
    (b) Arrangements shall be made by the designated agency, in 
cooperation with GSA, for the pooling of equipment and the necessary 
absorption of those employees of affected agencies engaged in 
duplicating work, as prescribed in Sec. 101-5.203-6.
    (c) After coordination with the designated operating agency to 
obtain its current price schedule, procedures for obtaining service, and 
billing procedures, GSA will announce the availability of the 
centralized field reproduction facility in the manner prescribed in 101-
5.204-2.

[30 FR 17166, Dec. 31, 1965, as amended at 33 FR 3228, Feb. 21, 1968; 41 
FR 46296, Oct. 20, 1976; 56 FR 33875, July 24, 1991]



Sec. 101-5.205-4  Plant inspections and customer evaluations.

    Periodic facility inspections and customer evaluations will be 
performed jointly by GSA and the designated agency in order to appraise 
the continuing effectiveness of the centralized facility.

[56 FR 33876, July 24, 1991]



            Subpart 101-5.3--Federal Employee Health Services

    Authority: Chapter 865, 60 Stat. 903; 5 U.S.C. 7901.

    Source: 30 FR 12883, Oct. 9, 1965, unless otherwise noted.



Sec. 101-5.300  Scope of subpart.

    This subpart 101-5.3 states the objective, guiding principles, 
criteria, and general procedures in connection with the establishment 
and operation of Federal employee health services in buildings managed 
by GSA.



Sec. 101-5.301  Applicability.

    This subpart 101-5.3 is applicable to all Federal agencies which 
occupy space in or are prospective occupying agencies of a building or 
group of adjoining buildings managed by GSA.



Sec. 101-5.302  Objective.

    It is the objective of GSA to provide or arrange for appropriate 
health service programs in all Government-owned and leased buildings, or 
groups of adjoining buildings, which it manages where the building 
population warrants, where other Federal medical facilities are not 
available, and, where the number of the occupying agencies indicating a 
willingness to participate in such a program on a reimbursable basis 
makes it financially feasible.



Sec. 101-5.303  Guiding principles.

    The following principles will control the scope of the health 
services to be provided in keeping with the objective:
    (a) Employees who work in groups of 300 or more, counting employees 
of all departments or agencies who are scheduled to be on duty at one 
time in the same building or group of buildings in the same locality 
will constitute the minimum number of employees required to warrant the 
establishment of a health service of a scope specified in Sec. 101-
5.304.
    (b) As an exception to paragraph (a) of this section, health 
services of the scope specified in Sec. 101-5.304 may be provided for 
employees who work in groups of less than 300 where the employing 
department or agency determines that working conditions involving 
unusual health risks warrant such provision.
    (c) Treatment and medical care in performance-of-duty cases will be 
provided to employees as set forth in the Federal Employees' 
Compensation Act (5 U.S.C. 751 et seq.).
    (d) Reimbursable costs for providing health services will be based 
on an operating budget which is a summary of all costs required to 
operate the health service. The reimbursement cost is prorated to 
participating agencies by means of a per capital formula computed by 
dividing the operating budget of the health service by the total number 
of employees sponsored for service. The size of the Federal population 
served, the compensation of the employees of the health unit, and other 
factors of medical economics prevalent in the area are factors which 
affect the local reimbursement cost. Further, in appropriate cases where 
more than one

[[Page 38]]

health unit is servicing employees housed in the same general locality, 
costs may be equalized by combining the operating budgets of all such 
units and dividing the total of the operating budgets by the number of 
employees sponsored. Special industrial conditions or othe abnormal 
health or accident risk environments may increase the per capita cost.

[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]



Sec. 101-5.304  Type of occupational health services.

    The type of occupational health services made available to occupying 
agencies will be as follows:
    (a) Emergency diagnosis and first treatment of injury or illness 
that become necessary during working hours and that are within the 
competence of the professional staff and facilities of the health 
service unit, whether or not such injury was sustained by the employee 
while in the performance of duty or whether or not such illness was 
caused by his employment. In cases where the necessary first treatment 
is outside the competence of the health service staff and facilites, 
conveyance of the employee to a nearby physician or suitable community 
medical facility may be provided at Government expense at the request 
of, or on behalf of, the employee.
    (b) Preemployment examinations of persons selected for appointment.
    (c) Such inservice examinations of employees as the participating 
agency determines to be necessary, such as voluntary employee health 
maintenance examinations which agencies may request for selected 
employees. Such examinations may be offered on a limited formula plan to 
all participating agencies when the resources of the health service 
staff and facilities will permit. Alternatively, when agencies are 
required to limit the cost of an occupational health services program, 
the provision of inservice examinations may be provided to selected 
employees of individual agencies and reimbursed on an individual basis.
    (d) Administration, in the discretion of the responsible health 
service unit physician, of treatments and medications
    (1) Furnished by the employee and prescribed in writing by his 
personal physician as reasonably necessary to maintain the employee at 
work, and
    (2) Prescribed by a physician providing medical care in performance-
of-duty injury or illness cases under the Federal Employees' 
Compensation Act.
    (e) Preventive services within the competence of the professional 
staff
    (1) To appraise and report work environment health hazards as an aid 
in preventing and controlling health risks;
    (2) To provide health education to encourage employees to maintain 
personal health; and
    (3) To provide specific disease screening examinations and 
immunizations.
    (f) In addition, employees may be referred, upon their request, to 
private physicians, dentists, and other community health resources.

[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]



Sec. 101-5.305  Agency participation.

    At the time the space requirements for a building or a group of 
adjoining buildings are developed by GSA, the prospective occupying 
agencies will be canvassed by GSA to determine if they wish to 
participate in the occupational health services program. Each agency 
desiring to participate in the program will be requested to furnish GSA 
with a written commitment, signed by an authorized official, that it is 
prepared to reimburse GSA, or such other agency as is designated 
pursuant to Sec. 101-5.105(b), on a yearly per capita basis for each of 
its employees housed in the building or buildings covered by the 
program.



Sec. 101-5.306  Economic feasibility.

    (a) The studies by GSA which lead to the development of space 
requirements and the determinations made as the result thereof will 
constitute the feasibility studies and the Administrator's determination 
contemplated by Sec. 101-5.104.
    (b) Each determination to provide health services will be governed 
by the principles stated in Sec. 101-5.303 and will be in consonance 
with the general standards and guidelines furnished Federal agencies by 
the Public Health

[[Page 39]]

Service of the Department of Health, Education, and Welfare.



Sec. 101-5.307  Public Health Service.

    (a) The only authorized contact point for assistance of and 
consultation with the Public Health Service is the Federal Employee 
Health Programs, Division of Hospitals, Public Health Service, 
Washington, DC 20201. Other Federal agencies may be designated by the 
GSA Regional Administrator, pursuant to Sec. 101-5.105(b) to operate 
occupational health services. Designated agencies should contact the 
Public Health Service directly on all matters dealing with the 
establishment and operation of these services.
    (b) Public Health Service should be consulted by the designated 
agency on such matters as types, amounts, and approximate cost of 
necessary equipment; the scope of the services to be provided if it is 
affected by the amount of space and number of building occupants; types 
and amounts of supplies, materials, medicines, etc., which should be 
stocked; and the approximate cost of personnel staffing in cases where 
this method of operation is chosen, etc. PHS should also be asked to 
develop and monitor standards under which each health unit would be 
operated.

Subparts 101-5.4--101-5.48 [Reserved]



           Subpart 101-5.49--Forms, Reports, and Instructions



Sec. 101-5.4900  Scope of subpart.

    This subpart contains forms, reports, and related instructions used 
in connection with the regulations on centralized services in Federal 
buildings prescribed in this part 101-5.

[30 FR 4359, Apr. 3, 1965]



PART 101-6--MISCELLANEOUS REGULATIONS--Table of Contents




Sec.
101-6.000  Scope of part.

Subpart 101-6.1  [Reserved]

    Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal 
                          Financial Assistance

101-6.201  Scope of subpart.
101-6.202  Purpose.
101-6.203  Application of subpart.
101-6.204  Discrimination prohibited.
101-6.204-1  General.
101-6.204-2  Specific discriminatory actions prohibited.
101-6.204-3  Special programs.
101-6.205  Assurances required.
101-6.205-1  General.
101-6.205-2  Continuing State programs.
101-6.205-3  Elementary and secondary schools.
101-6.205-4  Applicability of assurances.
101-6.206  Illustrative applications.
101-6.207--101-6.208  [Reserved]
101-6.209  Compliance information.
101-6.209-1  Cooperation and assistance.
101-6.209-2  Compliance reports.
101-6.209-3  Access to sources of information.
101-6.209-4  Information to beneficiaries and participants.
101-6.210  Conduct of investigations.
101-6.210-1  Periodic compliance reviews.
101-6.210-2  Complaints.
101-6.210-3  Investigations.
101-6.210-4  Resolution of matters.
101-6.210-5  Intimidatory or retaliatory acts prohibited.
101-6.211  Procedure for effecting compliance.
101-6.211-1  General.
101-6.211-2  Noncompliance with Sec. 101-6.205.
101-6.211-3  Termination of or refusal to grant or to continue Federal 
          financial assistance.
101-6.211-4  Other means authorized by law.
101-6.212  Hearings.
101-6.212-1  Opportunity for hearing.
101-6.212-2  Time and place of hearing.
101-6.212-3  Right to counsel.
101-6.212-4  Procedures, evidence, and record.
101-6.212-5  Consolidated or joint hearings.
101-6.213  Decisions and notices.
101-6.213-1  Decision by person other than the responsible GSA official.
101-6.213-2  Decisions on record or review by the responsible GSA 
          official.
101-6.213-3  Decisions on record where a hearing is waived.
101-6.213-4  Rulings required.
101-6.213-5  Approval by Administrator.
101-6.213-6  Content of orders.
101-6.213-7  Post termination proceedings.
101-6.214  Judicial review.
101-6.215  Effect on other regulations; forms and instructions.
101-6.215-1  Effect on other regulations.
101-6.215-2  Forms and instructions.
101-6.215-3  Supervision and coordination.
101-6.216  Definitions.

[[Page 40]]

101-6.217  Laws authorizing Federal financial assistance for programs to 
          which this subpart applies.

                      Subpart 101-6.3--Ridesharing

101-6.300  Federal facility ridesharing--general policy.
101-6.301  Definitions.
101-6.302  Employee transportation coordinators.
101-6.303  Reporting procedures.
101-6.304  Exemptions.
101-6.305  Assistance to agencies.

 Subpart 101-6.4--Official Use of Government Passenger Carriers Between 
                    Residence and Place of Employment

101-6.400  Cross-reference to the Federal Management Regulation (FMR) 
          (41 CFR chapter 102, parts 102-1 through 102-220).

         Subpart 101-6.5--Code of Ethics for Government Service

101-6.500  Scope of subpart.

        Subpart 101-6.6--Fire Protection (Firesafety) Engineering

101-6.600  Scope of subpart.
101-6.601  Background.
101-6.602  Application.
101-6.603  Definitions.
101-6.604  Requirements.
101-6.605  Responsibility.

Subparts 101-6.7--101-6.9  [Reserved]

         Subpart 101-6.10--Federal Advisory Committee Management

101-6.1001  Scope.
101-6.1002  Policy.
101-6.1003  Definitions.
101-6.1004  Examples of advisory meetings or groups not covered by the 
          Act or this subpart.
101-6.1005  Authorities for establishment of advisory committees.
101-6.1006  [Reserved]
101-6.1007  Agency procedures for establishing advisory committees.
101-6.1008  The role of GSA.
101-6.1009  Responsibilities of an agency head.
101-6.1010  [Reserved]
101-6.1011  Responsibilities of the chairperson of an independent 
          Presidential advisory committee.
101-6.1012  [Reserved]
101-6.1013  Charter filing requirements.
101-6.1014  [Reserved]
101-6.1015  Advisory committee information which must be published in 
          the Federal Register.
101-6.1016  [Reserved]
101-6.1017  Responsibilities of the agency Committee Management Officer.
101-6.1018  [Reserved]
101-6.1019  Duties of the Designated Federal Officer.
101-6.1020  [Reserved]
101-6.1021  Public participation in advisory committee meetings.
101-6.1022  [Reserved]
101-6.1023  Procedures for closing an advisory committee meeting.
101-6.1024  [Reserved]
101-6.1025  Requirement for maintaining minutes of advisory committee 
          meetings.
101-6.1026  [Reserved]
101-6.1027  Termination of advisory committees.
101-6.1028  [Reserved]
101-6.1029  Renewal and rechartering of advisory committees.
101-6.1030  [Reserved]
101-6.1031  Amendments to advisory committee charters.
101-6.1032  [Reserved]
101-6.1033  Compensation and expense reimbursement of advisory committee 
          members, staffs and consultants.
101-6.1034  [Reserved]
101-6.1035  Reports required for advisory committees.

Subparts 101-6.11--101-6.20  [Reserved]

     Subpart 101-6.21--Intergovernmental Review of General Services 
                 Administration Programs and Activities

101-6.2100  Scope of subpart.
101-6.2101  What is the purpose of these regulations?
101-6.2102  What definitions apply to these regulations?
101-6.2103  What programs and activities of GSA are subject to these 
          regulations?
101-6.2104  What are the Administrator's general responsibililties under 
          the Order?
101-6.2105  What is the Administrator's obligation with respect to 
          Federal interagency coordination?
101-6.2106  What procedures apply to the selection of programs and 
          activities under these regulations?
101-6.2107  How does the Administrator communicate with State and local 
          officials concerning GSA's programs and activities?
101-6.2108  How does the Administrator provide States an opportunity to 
          comment on proposed Federal financial assistance and direct 
          Federal development?
101-6.2109  How does the Administrator receive and respond to comments?
101-6.2110  How does the Administrator make efforts to accommodate 
          intergovernmental concerns?

[[Page 41]]

101-6.2111  What are the Administrator's obligations in interstate 
          situations?
101-6.2112  How may a State simplify, consolidate, or substitute 
          federally required State plans?
101-6.2113  May the Administrator waive any provision of these 
          regulations?

Subparts 101-6.22--101-6.48  [Reserved]

                     Subpart 101-6.49--Illustrations

101-6.4900  Scope of subpart.
101-6.4901  [Reserved]
101-6.4902  Format of certification required for budget submissions of 
          estimates of obligations in excess of $100,000 for 
          acquisitions of real and related personal property.

    Authority: 31 U.S.C. 1344(e)(1); 40 U.S.C. 486(c).



Sec. 101-6.000  Scope of part.

    This part sets forth miscellaneous regulations regarding Federal 
Property Management Regulations matters which do not come within the 
scope of any other subchapter of chapter 101.

(5 U.S.C. 5724, and E.O. 11012, 27 FR 2983; 3 CFR, 1959-1963 Comp., p. 
591)

[29 FR 15972, Dec. 1, 1964]

Subpart 101-6.1  [Reserved]



    Subpart 101-6.2--Nondiscrimination in Programs Receiving Federal 
                          Financial Assistance

    Authority: Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.

    Source: 29 FR 16287, Dec. 4, 1964, unless otherwise noted.



Sec. 101-6.201  Scope of subpart.

    This subpart provides the regulations of the General Services 
Administration (GSA) under title VI of the Civil Rights Act of 1964 (52 
U.S.C. 2000d--2000d-4) concerning nondiscrimination in federally 
assisted programs in connection with which Federal financial assistance 
is extended under laws administered in whole or in part by GSA.

[38 FR 17973, July 5, 1973]



Sec. 101-6.202  Purpose.

    The purpose of this subpart is to effectuate the provisions of title 
VI of the Civil Rights Act of 1964 (hereinafter referred to as the 
``Act'') to the end that no person in the United States shall, on the 
ground of race, color, or national origin, be excluded from 
participation in, be denied the benefits of, or be otherwise subjected 
to discrimination under any program or activity receiving Federal 
financial assistance from GSA.



Sec. 101-6.203  Application of subpart.

    (a) Subject to paragraph (b) of this section, this subpart applies 
to any program for which Federal financial assistance is authorized 
under a law administered in whole or in part by GSA, including the laws 
listed in Sec. 101-6.217. It applies to money paid, property 
transferred, or other Federal financial assistance extended to any such 
program after the effective date of this subpart pursuant to an 
application approved prior to such effective date. This subpart does not 
apply to (1) Any Federal financial assistance by way of insurance or 
guaranty contracts, (2) money paid, property transferred, or other 
assistance extended to any such program before the effective date of 
this subpart, except to the extent otherwise provided by contract, (3) 
any assistance to any individual who is the ultimate beneficiary under 
any such program, or (4) any employment practice, under any such 
program, of any employer, employment agency, or labor organization, 
except to the extent described in Sec. 101-6.204-2(d). The fact that a 
statute which authorizes GSA to extend Federal financial assistance to a 
program or activity is not listed in Sec. 101-6.217 shall not mean, if 
title VI of the Act is otherwise applicable, that such program is not 
covered. Other programs involving statutes now in force or hereinafter 
enacted may be added to this list by notice published in the Federal 
Register.
    (b) The regulations issued by the following Departments pursuant to 
title VI of the Act shall be applicable to the programs involving 
Federal financial assistance of the kind indicated, and those 
Departments shall respectively be responsible for determining and 
enforcing compliance therewith:
    (1) Department of Health, Education, and Welfare--donation or 
transfer of

[[Page 42]]

surplus property for purposes of education or public health (Sec. 101-
6.217 (a)(2) and (b)).
    (2) Department of Defense--donation of surplus personal property for 
purposes of civil defense (Sec. 101-6.217(a)(2)).
    (3) Department of Transportation--donation of property for public 
airport purposes (Sec. 101-6.217(c)). GSA will, however, be responsible 
for obtaining such assurances as may be required in applications and in 
instruments effecting the transfer of property.
    (4) Department of the Interior--disposal of surplus real property, 
including improvements, for use as a public park, public recreational 
area, or historic monument (Sec. 101-6.217(d) (1) and (2)). GSA will, 
however, be responsible for obtaining such assurances as may be required 
in applications and in instruments effecting the transfer of property 
for use as a historic monument.
    (5) Department of Housing and Urban Development--disposal of surplus 
real property for use in the provision of rental or cooperative housing 
to be occupied by families or individuals of low or moderate income 
(Sec. 101-6.217(q)).
    (c) Each Department named in paragraph (b) of this section shall 
keep GSA advised of all compliance and enforcement actions, including 
sanctions imposed or removed, taken by it with respect to the programs 
specified in paragraph (b) of this section to which the regulations of 
such Department apply.

[38 FR 17973, July 5, 1973]



Sec. 101-6.204  Discrimination prohibited.



Sec. 101-6.204-1  General.

    No person in the United States shall, on the ground of race, color, 
or national origin, be excluded from participation in, be denied the 
benefits of, or be otherwise subjected to discrimination under any 
program to which this subpart applies.



Sec. 101-6.204-2  Specific discriminatory actions prohibited.

    (a)(1) In connection with any program to which this subpart applies, 
a recipient may not, directly or through contractual or other 
arrangements, on the ground of race, color, or national origin:
    (i) Deny an individual any service, financial aid, or other benefit 
provided under the program;
    (ii) Provide any service, financial aid, or other benefit to an 
individual which is different, or is provided in a different manner, 
from that provided to others under the program;
    (iii) Subject an individual to segregation or separate treatment in 
any matter related to his receipt of any service, financial aid, or 
other benefit under the program;
    (iv) Restrict an individual in any way in the enjoyment of any 
advantage or privilege enjoyed by others receiving any service, 
financial aid, or other benefit under the program;
    (v) Treat an individual differently from others in determining 
whether he satisfies any admission, enrollment, quota, eligibility, 
membership or other requirement or condition which individuals must meet 
in order to be provided any service, financial aid, or other benefit 
provided under the program;
    (vi) Deny an individual an opportunity to participate in the program 
through the provision of services or otherwise, or afford him an 
opportunity to do so which is different from that afforded others under 
the program (including the opportunity to participate in the program as 
an employee but only to the extent set forth in paragraph (d) of this 
Sec. 101-6.204-2).
    (2) A recipient, in determining the types of services, financial 
aid, or other benefits, or facilities which will be provided under any 
such program, or the class of individuals to whom, or the situations in 
which, such services, financial aid, other benefits, or facilities will 
be provided under any such program, or the class of individuals to be 
afforded an opportunity to participate in any such program, may not, 
directly or through contractual or other arrangements, utilize criteria 
or methods of administration which have the effect of subjecting 
individuals to discrimination because of their race, color, or national 
origin, or have the effect of defeating or substantially impairing 
accomplishment of the objectives of the

[[Page 43]]

program as respect individuals of a particular race, color, or national 
origin.
    (3) In determining the site or location of facilities, an applicant 
or recipient may not make selections with the purpose or effect of 
excluding individuals from, denying them the benefits of, or subjecting 
them to discrimination under any program to which this subpart applies, 
on the ground of race, color, or national origin or with the purpose or 
effect of defeating or substantially impairing the accomplishment of the 
objectives of the Act or this subpart.
    (4) This subpart does not prohibit the consideration of race, color, 
or national origin if the purpose and effect are to remove or overcome 
the consequences of practices or impediments which have restricted the 
availability of, or participation in, the program or activity receiving 
Federal financial assistance, on the ground of race, color, or national 
origin. Where previous discriminatory practice or usage tends, on the 
ground of race, color, or national origin, to exclude individuals from 
participation in, to deny them the benefits of, or to subject them to 
discrimination under any program or activity to which this subpart 
applies, the applicant or recipient has an obligation to take reasonable 
action to remove or overcome the consequences of the prior 
discriminatory practice or usage, and to accomplish the purposes of the 
Act.
    (b) As used in this Sec. 101-6.204-2 the services, financial aid, or 
other benefits provided under a program receiving Federal financial 
assistance shall be deemed to include any service, financial aid, or 
other benefit provided in or through a facility provided with the aid of 
Federal financial assistance.
    (c) The enumeration of specific forms of prohibited discrimination 
in this Sec. 101-6.204-2 does not limit the generality of the 
porhibition in Sec. 101-6.204-1.
    (d)(1) Where a primary objective of the Federal financial assistance 
to a program to which this subpart applies is to provide employment, a 
recipient may not, directly or through contractual or other 
arrangements, subject an individual to discrimination on the ground of 
race, color, or national origin in its employment practices under such 
program (including, but not limited to, recruitment or recruitment 
advertising; employment; layoff or termination; upgrading, demotion, or 
transfer; rates of pay or other forms of compensation; selection for 
training, including apprenticeship; and use of facilities). The 
requirements applicable to construction employment under any such 
program shall be those specified in or pursuant to part III of Executive 
Order 11246 or the corresponding provisions of any Executive order which 
supersedes it.
    (2) Where a primary objective of the Federal financial assistance is 
not to provide employment, but discrimination on the ground of race, 
color, or national origin in the employment practices of the recipient 
or other persons subject to this subpart tends, on the ground of race, 
color, or national origin, to exclude individuals from participation in, 
to deny them the benefits of, or to subject them to discrimination under 
any program to which this subpart applies, the provisions of paragraph 
(d)(1) of this section shall apply to the employment practices of the 
recipient or other persons subject to this subpart, to the extent 
necessary to insure equality of opportunity to, and nondiscriminatory 
treatment of, beneficiaries.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]



Sec. 101-6.204-3  Special programs.

    An individual shall not be deemed subjected to discrimination by 
reason of his exclusion from the benefits of a program limited by 
Federal law to individuals of a particular race, color, or national 
origin different from his.



Sec. 101-6.205  Assurances required.



Sec. 101-6.205-1  General.

    (a) Every application for Federal financial assistance to carry out 
a program to which this subpart 101-6.2 applies, except a program to 
which Sec. 101-6.205-2 applies, and every application for Federal 
financial assistance to provide a facility shall, as a condition to its 
approval and the extension of any Federal financial assistance pursuant 
to the application, contain or be accompanied by an assurance that the

[[Page 44]]

program will be conducted or the facility operated in compliance with 
all requirements imposed by or pursuant to this subpart 101-6.2. In the 
case of an application for Federal financial assistance to provide real 
property or structures thereon, the assurance shall obligate the 
recipient, or, in the case of a subsequent transfer, the transferee, for 
the period during which the real property or structures are used for a 
purpose for which the Federal financial assistance is extended or for 
another purpose involving the provision of similar services or benefits. 
In the case of personal property, the assurance shall obligate the 
recipient for the period during which he retains ownership or possession 
of the property. In all other cases the assurance shall obligate the 
recipient for the period during which Federal financial assistance is 
extended pursuant to the application. The responsible GSA official shall 
specify the form of the foregoing assurances for each program and the 
extent to which like assurances will be required of subgrantees, 
contractors and subcontractors, transferees, successors in interest, and 
other participants in the program. Any such assurance shall include 
provisions which give the United States a right to seek its judicial 
enforcement.
    (b) In the case of real property, structures or improvements 
thereon, or interests therein, which is acquired with Federal financial 
assistance, or in the case where Federal financial assistance is 
provided in the form of a transfer of real property or interest therein 
from the Federal Government, the instrument effecting or recording the 
transfer shall contain a covenant running with the land assuring 
nondiscrimination for the period during which the real property is used 
for a purpose for which the Federal financial assistance is extended or 
for another purpose involving the provision of similar services or 
benefits. Where no transfer of property is involved, but property is 
improved under a program of Federal financial assistance, the recipient 
shall agree to include such a covenant in any subsequent transfer of 
such property. Where the property is obtained from the Federal 
Government, such covenant may also include a condition coupled with a 
right to be reserved by GSA to revert title to the property in the event 
of a breach of the covenant where, in the discretion of the responsible 
GSA official, such a condition and right of reverter is appropriate to 
the program under which the real property is obtained and to the nature 
of the grant and the grantee. In such event, if a transferee of real 
property proposes to mortgage or otherwise encumber the real property as 
security for financing construction of new, or improvement of existing, 
facilities on such property for the purposes for which the property was 
transferred, the Administrator may agree, upon request of the transferee 
and if necessary to accomplish such financing, and upon such conditions 
as he deems appropriate, to forebear the exercise of such right to 
revert title for so long as the lien of such mortgage or other 
encumberance remains effective.
    (c) The assurance required in the case of a transfer of personal 
property shall be inserted in the instrument effecting the transfer of 
the property.
    (d) In the case of programs not involving a transfer of property, 
the assurance required shall be inserted in the agreement executed 
between the United States and the recipient covering the extension of 
Federal financial assistance.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]



Sec. 101-6.205-2  Continuing State programs.

    Every application by a State or a State agency to carry out a 
program involving continuing Federal financial assistance to which this 
subpart applies shall as a condition to its approval and the extension 
of any Federal financial assistance pursuant to the application (a) 
contain or be accompanied by a statement that the program is (or, in the 
case of a new program, will be) conducted in compliance with all 
requirements imposed by or pursuant to this subpart, and (b) provide or 
be accompanied by provision for such methods of administration for the 
program as are found by the responsible GSA official to give reasonable 
assurance that the applicant and

[[Page 45]]

all recipients of Federal financial assistance under such program will 
comply with all requirements imposed by or pursuant to this subpart.

[38 FR 17974, July 5, 1973]



Sec. 101-6.205-3  Elementary and secondary schools.

    The requirements of Secs. 101-6.205-1 and 101-6.205-2 with respect 
to any elementary or secondary school or school system shall be deemed 
to be satisfied if such school or school system (a) Is subject to a 
final order of a court of the United States for the desegregation of 
such school or school system, and provides an assurance that it will 
comply with such order, including any future modification of such order, 
or (b) submits a plan for the desegregation of such school or school 
system which the responsible official of the Department of Health, 
Education, and Welfare determines is adequate to accomplish the purposes 
of the Act and this subpart within the earliest practicable time, and 
provides reasonable assurance that it will carry out such plan. In any 
case of continuing Federal financial assistance such responsible 
official may reserve the right to redetermine, after such period as may 
be specified by him, the adequacy of the plan to accomplish the purposes 
of the Act and this subpart. In any case in which a final order of a 
court of the United States for the desegregation of such school or 
school system is entered after submission of such a plan, such plan 
shall be revised to conform to such final order, including any future 
modification of such order.

[38 FR 17974, July 5, 1973]



Sec. 101-6.205-4  Applicability of assurances.

    (a) In the case of any application for Federal financial assistance 
to an institution of higher education, the assurance required by this 
Sec. 101-6.205 shall extend to admission practices and to all other 
practices relating to the treatment of students.
    (b) The assurance required with respect to an institution of higher 
education, hospital, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, patients, or clients of the 
institution or to the opportunity to participate in the provision of 
services or other benefits to such individuals, shall be applicable to 
the entire institution unless the applicant establishes, to the 
satisfaction of the responsible GSA official, that the institution's 
practices in designated parts or programs of the institution will in no 
way affect its practices in the program of the institution for which 
Federal financial assistance is sought, or the beneficiaries of or 
participants in such program. If in any such case the assistance sought 
is for the construction of a facility or part of a facility, the 
assurance shall in any event extend to the entire facility and to 
facilities operated in connection therewith.
    (c) Where an installation or facility (for example, a public 
airport, or park or recreation area) is comprised of real property for 
which application is made under a program, and, in addition, other real 
property of the applicant, the assurance required under this Sec. 101-
6.205 shall be applicable to the entire installation or facility.



Sec. 101-6.206  Illustrative applications.

    The following examples will illustrate the application of the 
foregoing provisions of this subpart to certain programs for which 
Federal financial assistance is extended by GSA (in all cases the 
discrimination prohibited is discrimination on the ground of race, 
color, or national origin, prohibited by title VI of the Act and this 
subpart):
    (a) In the programs involving the transfer of surplus property for 
airport, park or recreation, historic monument, wildlife conservation, 
or street widening purposes (Sec. 101-6.217(c), (d), (e), and (h)), the 
public generally is entitled to the use of the facility and to receive 
the services provided by the facility and to facilities operated in 
connection therewith, without segregation or any other discriminatory 
practices.
    (b) In the program involving the loan of machine tools to nonprofit 
institutions or training schools (Sec. 101-6.217(o)), discrimination by 
the recipient in the admission of students or trainees or in the 
treatment of its students or trainees in any aspect of the educational

[[Page 46]]

process is prohibited. In the case of an institution of higher 
education, the prohibition applies to the entire institution except as 
provided in paragraph (b) of Sec. 101-6.205-4. In the case of elementary 
or secondary schools, the prohibition applies to all elementary and 
secondary schools of the recipient school district, consistent with 
Sec. 101-6.205-3. In this and other illustrations the prohibition of 
discrimination in the treatment of students or trainees includes the 
prohibition of discrimination among the students or trainees in the 
availability or use of any academic, dormitory, eating, recreational, or 
other facilities of the recipient.
    (c) In the programs involving the donation of personal property to 
public bodies or the American National Red Cross (Sec. 101-6.217 (f) and 
(j)), discrimination in the selection or treatment of individuals to 
receive or receiving the benefits or services of the program is 
prohibited.
    (d) In the program involving the donation of personal property to 
eleemosynary institutions (Sec. 101-6.217(1)), the assurance will apply 
to applicants for admission, patients, interns, residents, student 
nurses, and other trainees, and to the privilege of physicians, 
dentists, and other professionally qualified persons to practice in the 
institution, and will apply to the entire institution and to facilities 
operated in connection therewith, subject to the provisions of Sec. 101-
6.205-4(b).
    (e) In the programs involving the allotment of space by GSA to 
Federal Credit Unions, without charge for rent or services, and the 
provision of free space and utilities for vending stands operated by 
blind persons (Sec. 101-6.217 (i) and (k)), discrimination by 
segregation or otherwise in providing benefits or services is 
prohibited.
    (f) In the program involving grants to State and local agencies and 
to nonprofit organizations and institutions for the collecting, 
describing, preserving, and compiling and publishing of documentary 
sources significant to the history of the United States (Sec. 101-
6.217(n)), discrimination by the recipient in the selection of students 
or other participants in the program, and, with respect to educational 
institutions, in the admission or treatment of students, is prohibited.
    (g) In the program involving the transfer of surplus real property 
for use in the provision of rental or cooperative housing to families or 
individuals of low or moderate income (Sec. 101-6.217(q)), 
discrimination in the selection and assignment of tenants is prohibited.
    (h) A recipient may not take action that is calculated to bring 
about indirectly what this subpart forbids it to accomplish directly.
    (i) In some situations even though past discriminatory practices 
have been abandoned, the consequences of such practices continue to 
impede the full availability of a benefit. If the efforts required of 
the applicant or recipient under Sec. 101-6.209-4 to provide information 
as to the availability of the program or activity and the rights of 
beneficiaries under this subpart have failed to overcome these 
consequences, it will become necessary for such applicant or recipient 
to take additional steps to make the benefits fully available to racial 
and nationality groups previously subjected to discrimination. This 
action might take the form, for example, of special arrangements for 
obtaining referrals or making selections which will ensure that groups 
previously subjected to discrimination are adequately served.
    (j) Even though an applicant or recipient has never used 
discriminatory policies, the services and benefits of the program or 
activity it administers may not in fact be equally available to some 
racial or nationality groups. In such circumstances, an applicant or 
recipient may properly give special consideration to race, color, or 
national origin to make the benefits of its program more widely 
available to such groups not then being adequately served. For example, 
where a university is not adequately serving members of a particular 
racial or nationality group, it may establish special recruitment 
policies to make its program better known and more readily available to 
such group, and take other steps to provide that group with more 
adequate service.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]

[[Page 47]]



Secs. 101-6.207--101-6.208  [Reserved]



Sec. 101-6.209  Compliance information.



Sec. 101-6.209-1  Cooperation and assistance.

    Each responsible GSA official shall to the fullest extent 
practicable seek the cooperation of recipients in obtaining compliance 
with this subpart 101-6.2 and shall provide assistance and guidance to 
recipients to help them comply voluntarily with this subpart.



Sec. 101-6.209-2  Compliance reports.

    Each recipient shall keep such records and submit to the responsible 
GSA official or his designee timely, complete and accurate compliance 
reports at such times, and in such form and containing such information, 
as the responsible GSA official or his designee may determine to be 
necessary to enable him to ascertain whether the recipient has complied 
or is complying with this subpart 101-6.2. In the case of any program 
under which a primary recipient extends Federal financial assistance to 
any other recipient, such other recipient shall also submit such 
compliance reports to the primary recipient as may be necessary to 
enable the primary recipient to carry out its obligations under this 
subpart.



Sec. 101-6.209-3  Access to sources of information.

    Each recipient shall permit access by the responsible GSA official 
or his designee during normal business hours to such of its books, 
records, accounts, and other sources of information, and its facilities 
as may be pertinent to ascertain compliance with this subpart. Where any 
information required of a recipient is in the exclusive possession of 
any other agency, institution or person and this agency, institution or 
person shall fail or refuse to furnish this information, the recipient 
shall so certify in its report and shall set forth what efforts it has 
made to obtain the information.



Sec. 101-6.209-4  Information to beneficiaries and participants.

    Each recipient shall make available to participants, beneficiaries, 
and other interested persons such information regarding the provisions 
of this subpart 101-6.2 and its applicability to the program under which 
the recipient receives Federal financial assistance, and make such 
information available to them in such manner, as the responsible GSA 
official finds necessary to apprise such persons of the protections 
against discrimination assured them by the Act and this subpart 101-6.2.



Sec. 101-6.210  Conduct of investigations.



Sec. 101-6.210-1  Periodic compliance reviews.

    The responsible GSA official or his designee shall from time to time 
review the practices of recipients to determine whether they are 
complying with this regulation.



Sec. 101-6.210-2  Complaints.

    Any person who believes himself or any specific class of individuals 
to be subjected to discrimination prohibited by this subpart 101-6.2 may 
by himself or by a representative file with the responsible GSA official 
or his designee a written complaint. A complaint must be filed not later 
than 90 days from the date of the alleged discrimination, unless the 
time for filing is extended by the responsible GSA official or his 
designee.



Sec. 101-6.210-3  Investigations.

    The responsible GSA official or his designee will make a prompt 
investigation whenever a compliance review, report, complaint, or any 
other information indicates a possible failure to comply with this 
subpart 101-6.2. The investigation should include, where appropriate, a 
review of the pertinent practices and policies of the recipient, the 
circumstances under which the possible noncompliance with this subpart 
occurred, and other factors relevant to a determination as to whether 
the recipient has failed to comply with this subpart.



Sec. 101-6.210-4  Resolution of matters.

    (a) If an investigation pursuant to Sec. 101-6.210-3 indicates a 
failure to comply with this subpart 101-6.2, the responsible GSA 
official or his designee will so inform the recipient and the matter 
will be resolved by informal

[[Page 48]]

means whenever possible. If it has been determined that the matter 
cannot be resolved by informal means, action will be taken as provided 
for in Sec. 101-6.211.
    (b) If an investigation does not warrant action pursuant to 
paragraph (a) of this section the responsible GSA official or his 
designee will so inform the recipient and the complainant, if any, in 
writing.



Sec. 101-6.210-5  Intimidatory or retaliatory acts prohibited.

    No recipient or other person shall intimidate, threaten, coerce, or 
discriminate against any individual for the purpose of interfering with 
any right or privilege secured by section 601 of the Act or this subpart 
101-6.2, or because he has made a complaint, testified, assisted or 
participated in any manner in an investigation, proceeding, or hearing 
under this subpart. The identity of complainants shall be kept 
confidential except to the extent necessary to carry out the purposes of 
this subpart, including the conduct of any investigation, hearing, or 
judicial proceeding arising thereunder.



Sec. 101-6.211  Procedure for effecting compliance.



Sec. 101-6.211-1  General.

    If there appears to be a failure or threatened failure to comply 
with this subpart 101-6.2, and if the noncompliance or threatened 
noncompliance cannot be corrected by informal means, compliance with 
this subpart may be effected by the suspension or termination of or 
refusal to grant or to continue Federal financial assistance or by any 
other means authorized by law. Such other means may include, but are not 
limited to, (a) a reference to the Department of Justice with a 
recommendation that appropriate proceedings be brought to enforce any 
rights of the United States under any law of the United States 
(including other titles of the Act), or any assurance or other 
contractual undertaking, and (b) any applicable proceeding under State 
or local law.



Sec. 101-6.211-2  Noncompliance with Sec. 101-6.205.

    If an applicant fails or refuses to furnish an assurance required 
under Sec. 101-6.205 or otherwise fails or refuses to comply with a 
requirement imposed by or pursuant to that section Federal financial 
assistance may be refused in accordance with the procedures of Sec. 101-
6.211-3. The GSA shall not be requried to provide assistance in such a 
case during the pendency of the administrative proceedings under 
Sec. 101-6.211-3 except that GSA shall continue assistance during the 
pendency of such proceedings where such assistance is due and payable 
pursuant to an application therefor approved prior to the effective date 
of this subpart 101-6.2.



Sec. 101-6.211-3  Termination of or refusal to grant or to continue Federal financial assistance.

    No order suspending, terminating or refusing to grant or continue 
Federal financial assistance shall become effective until (a) the 
responsible GSA official has advised the applicant or recipient of his 
failure to comply and has determined that compliance cannot be secured 
by voluntary means, (b) there has been an express finding on the record, 
after opportunity for hearing, of a failure by the applicant or 
recipient to comply with a requirement imposed by or pursuant to this 
subpart 101-6.2, (c) the action has been approved by the Administrator 
pursuant to Sec. 101-6.213-5, and (d) the expiration of 30 days after 
the Administrator has filed with the committee of the House and the 
committee of the Senate having legislative jurisdiction over the program 
involved, a full written report of the circumstances and the grounds for 
such action. Any action to suspend or terminate or to refuse to grant or 
to continue Federal financial assistance shall be limited to the 
particular political entity, or part thereof, or other applicant or 
recipient as to whom such a finding has been made and shall be limited 
in its effect to the particular program, or part thereof, in which such 
noncompliance has been so found.

[[Page 49]]



Sec. 101-6.211-4  Other means authorized by law.

    No action to effect compliance by an other means authorized by law 
shall be taken until (a) the responsible GSA official has determined 
that compliance cannot be secured by voluntary means, (b) the recipient 
or other person has been notified of his failure to comply and of the 
action to be taken to effect compliance, and (c) the expiration of at 
least 10 days from the mailing of such notice to the recipient or other 
person. During this period of at least 10 days, additional efforts shall 
be made to persuade the recipient or other person to comply with this 
subpart and to take such corrective action as may be appropriate.

[38 FR 17974, July 5, 1973]



Sec. 101-6.212  Hearings.



Sec. 101-6.212-1  Opportunity for hearing.

    Whenever an opportunity for a hearing is required by Sec. 101-6.211-
3, reasonable notice shall be given by registered or certified mail, 
return receipt requested, to the affected applicant or recipient. This 
notice shall advise the applicant or recipient of the action proposed to 
be taken, the specific provision under which the proposed action against 
it is to be taken, and the matters of fact or law asserted as the basis 
for this action, and either:
    (a) Fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the responsible 
GSA official that the matter be scheduled for hearing, or (b) advise the 
applicant or recipient that the matter in question has been set down for 
hearing at a stated place and time. The time and place so fixed shall be 
reasonable and shall be subject to change for cause. The complainant, if 
any, shall be advised of the time and place of the hearing. An applicant 
or recipient may waive a hearing and submit written information and 
argument for the record. The failure of an applicant or recipient to 
request a hearing under this section or to appear at a hearing for which 
a date has been set shall be deemed to be a waiver of the right to a 
hearing under section 602 of the Act and Sec. 101-6.211-3, and consent 
to the making of a decision on the basis of such information as is 
available.
    (b) [Reserved]



Sec. 101-6.212-2  Time and place of hearing.

    Hearings shall be held, at a time fixed by the responsible GSA 
official, at the offices of GSA in Washington, DC, unless such official 
determines that the convenience of the applicant or recipient or of GSA 
requires that another place be selected. Hearings shall be held before 
the responsible GSA official or, at his discretion, before a hearing 
examiner designated in accordance with 5 U.S.C. 3105 or 3344 (section 11 
of the Administrative Procedure Act).

[38 FR 17974, July 5, 1973]



Sec. 101-6.212-3  Right to counsel.

    In all proceedings under this Sec. 101-6.212 the applicant or 
recipient and GSA shall have the right to be represented by counsel.



Sec. 101-6.212-4  Procedures, evidence, and record.

    (a) The hearing, decision, and any administrative review thereof 
shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of 
the Administrative Procedure Act) and in accordance with such rules of 
procedure as are proper (and not inconsistent with this section) 
relating to the conduct of the hearing, giving of notices subsequent to 
those provided for in Sec. 101-6.212-1, taking of testimony, exhibits, 
arguments and briefs, requests for findings, and other related matters. 
Both GSA and the applicant or recipient shall be entitled to introduce 
all relevant evidence on the issues as stated in the notice for hearing 
or as deterined by the officer conducting the hearing at the outset of 
or during the hearing.
    (b) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this subpart 101-6.2, but rules or principles 
designed to assure production of the most credible evidence available 
and to subject testimony to test by cross-examination shall be applied 
where reasonably necessary by the officer conducting the hearing. The 
hearing officer may exclude irrelevant,

[[Page 50]]

immaterial, or unduly repetitious evidence. All documents and other 
evidence offered or taken for the record shall be open to examination by 
the parties and opportunity shall be given to refute facts and arguments 
advanced on either side of the issues. A transcript shall be made of the 
oral evidence except to the extent the substance thereof is stipulated 
for the record. All decisions shall be based upon the hearing record and 
written findings shall be made.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]



Sec. 101-6.212-5  Consolidated or joint hearings.

    In cases in which the same or related facts are asserted to 
constitute noncompliance with this subpart 101-6.2 with respect to two 
or more programs to which this subpart applies, or noncompliance with 
this subpart and the regulations of one or more other Federal 
departments or agencies issued under title VI of the Act, the 
Administrator may, by agreement with such other departments, or 
agencies, where applicable, provide for the conduct of consolidated or 
joint hearings, and for the application to such hearings of rules of 
procedure not inconsistent with this regulation. Final decisions in such 
cases, insofar as this subpart is concerned, shall be made in accordance 
with Sec. 101-6.213.



Sec. 101-6.213  Decisions and notices.



Sec. 101-6.213-1  Decision by person other than the responsible GSA official.

    If the hearing is held by a hearing examiner such hearing examiner 
shall either make an initial decision, if so authorized, or certify the 
entire record including his recommended findings and proposed decision 
to the responsible GSA official for a final decision, and a copy of such 
initial decision or certification shall be mailed to the applicant or 
recipient. Where the initial decision is made by the hearing examiner 
the applicant or recipient may within 30 days of the mailing of such 
notice of initial decision file with the responsible GSA official his 
exceptions to the initial decision, with his reasons therefor. In the 
absence of exceptions, the responsible GSA official may on his own 
motion within 45 days after the initial decision serve on the applicant 
or recipient a notice that he will review the decision. Upon the filing 
of such exceptions or of such notice of review the responsible GSA 
official shall review the initial decision and issue his own decision 
thereon including the reasons therefor. In the absence of either 
exceptions or a notice of review the initial decision shall constitute 
the final decision of the responsible GSA official.



Sec. 101-6.213-2  Decisions on record or review by the responsible GSA official.

    Whenever a record is certified to the responsible GSA official for 
decision or he reviews the decision of a hearing examiner pursuant to 
Sec. 101-6.213-1, or whenever the responsible GSA official conducts the 
hearing, the applicant or recipient shall be given reasonable 
opportunity to file with him briefs or other written statements of its 
contentions, and a copy of the final decision of the responsible GSA 
official shall be given in writing to the applicant or recipient, and to 
the complainant, if any.



Sec. 101-6.213-3  Decisions on record where a hearing is waived.

    Whenever a hearing is waived pursuant to Sec. 101-6.212 a decision 
shall be made by the responsible GSA official on the record and a copy 
of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.



Sec. 101-6.213-4  Rulings required.

    Each decision of a hearing officer or responsible GSA official shall 
set forth his ruling on each finding, conclusion, or exception 
presented, and shall identify the requirement or requirements imposed by 
or pursuant to this subpart 101-6.2 with which it is found that the 
applicant or recipient has failed to comply.



Sec. 101-6.213-5  Approval by Administrator.

    Any final decision of a responsible GSA official (other than the 
Administrator) which provides for the suspension or termination of, or 
the refusal to

[[Page 51]]

grant or continue Federal financial assistance, or the imposition of any 
other sanction available under this subpart 101-6.2 or the Act, shall 
promptly be transmitted to the Administrator, who may approve such 
decision, may vacate it, or remit or mitigate any sanction imposed.



Sec. 101-6.213-6  Content of orders.

    The final decision may provide for suspension or termination of, or 
refusal to grant or continue Federal financial assistance, in whole or 
in part, under the program involved, and may contain such terms, 
conditions, and other provisions as are consistent with and will 
effectuate the purposes of the Act and this subpart 101-6.2, including 
provisions designed to assure that no Federal financial assistance will 
thereafter be extended under such program to the applicant or recipient 
determined by such decision to be in default in its perfomrance of an 
assurance given by it pursuant to this subpart, or to have otherwise 
failed to comply with this subpart, unless and until it corrects its 
noncompliance and satisfies the responsible GSA official that it will 
fully comply with this subpart.



Sec. 101-6.213-7  Post termination proceedings.

    (a) An applicant or recipient adversely affected by an order issued 
under Sec. 101-6.213-6 shall be restored to full eligibility to receive 
Federal financial assistance if it satisfies the terms and conditions of 
that order for such eligibility or if it brings itself into compliance 
with this subpart and provides reasonable assurance that it will fully 
comply with this subpart. An elementary or secondary school or school 
system which is unable to file an assurance of compliance with Sec. 101-
6.24 shall be restored to full eligibility to receive financial 
assistance if it files a court order or a plan for desegregation meeting 
the requirements of Sec. 101-6.205-3 and provides reasonable assurance 
that it will comply with this court order or plan.
    (b) Any applicant or recipient adversely affected by an order 
entered pursuant to Sec. 101-6.213-6 may at any time request the 
responsible GSA official to restore fully its eligibility to receive 
Federal financial assistance. Any such request shall be supported by 
information showing that the applicant or recipient has met the 
requirements of paragraph (a) of this section. If the responsible GSA 
official determines that those requirements have been satisfied, he 
shall restore such eligibility.
    (c) If the responsible GSA official denies any such request, the 
applicant or recipient may submit a request, in writing, for a hearing, 
specifying why it believes such official to have been in error. It shall 
thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the responsible 
GSA official. The applicant or recipient will be restored to such 
eligibilty if it proves at such a hearing that it satisfied the 
requirements of paragraph (a) of this section. While proceedings under 
this section are pending, the sanctions imposed by the order issued 
under Sec. 101-6.213-6 shall remain in effect.

[38 FR 17975, July 5, 1973]



Sec. 101-6.214  Judicial review.

    Action taken pursuant to section 602 of the Act is subject to 
judicial review as provided in section 603 of the Act.



Sec. 101-6.215  Effect on other regulations; forms and instructions.



Sec. 101-6.215-1  Effect on other regulations.

    All regulations, orders, or like directions heretofore issued by any 
officer of GSA which imposed requirements designed to prohibit any 
discrimination against individuals on the ground of race, color, or 
national origin under any program to which this subpart 101-6.2 applies, 
and which authorize the suspension or termination of or refusal to grant 
or to continue Federal financial assistance to any applicant for or 
recipient of such assistance under such program for failure to comply 
with such requirements, are hereby superseded to the extent that such 
discrimination is prohibited by this subpart, except that nothing in 
this subpart shall be deemed to relieve any person of any obligation 
assumed or imposed under any such superseded regulation, order, 
instruction, or like direction

[[Page 52]]

prior to the effective date of this subpart. Nothing in this subpart, 
however, shall be deemed to supersede any of the following (including 
future amendments thereof):
    (a) Executive Orders 10925, 11114, and 11246, and regulations issued 
thereunder.
    (b) Any other orders, regulations, or instructions, insofar as such 
orders, regulations, or instructions prohibit discrimination on the 
ground of race, color, or national origin in any program or situation to 
which this subpart is inapplicable, or prohibit discrimination on any 
other ground.

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]



Sec. 101-6.215-2  Forms and instructions.

    Each responsible GSA official shall issue and promptly make 
available to interested persons forms and detailed instructions and 
procedures for effectuating this subpart 101-6.2 as applied to programs 
to which this subpart applies and for which he is responsible.



Sec. 101-6.215-3  Supervision and coordination.

    The Administrator may from time to time assign to officials of other 
departments or agencies of the Government, with the consent of such 
departments or agencies, responsibilities in connection with the 
effectuation of the purposes of title VI of the Act and this subpart 
(other than responsibility for final decision as provided in Sec. 101-
6.213), including the achievement of effective coordination and maximum 
uniformity within GSA and within the executive branch of the Government 
in the application of title VI and this subpart to similar programs and 
in similar situations. Any action taken, determination made, or 
requirement imposed by an official of another Department or Agency 
acting pursuant to an assignment of responsibility under this section 
shall have the same effect as though such action had been taken by the 
responsible GSA official.

[38 FR 17975, July 5, 1973]



Sec. 101-6.216  Definitions.

    As used in this subpart:
    (a) The term General Services Administration or GSA includes each of 
its operating services and other organizational units.
    (b) The term Administrator means the Administrator of General 
Services.
    (c) The term responsible GSA official with respect to any program 
receiving Federal financial assistance means the Administrator or other 
official of GSA who by law or by delegation has the principal 
responsibility within GSA for the administration of the law extending 
such assistance.
    (d) The term United States means the States of the United States, 
the District of Columbia, Puerto Rico, the Virgin Islands, American 
Samoa, Guam, Wake Island, the Canal Zone, and the territories and 
possessions of the United States, and the terms State means any one of 
the foregoing.
    (e) The term Federal financial assistance includes (1) grants and 
loans of Federal funds, (2) the grant or donation of Federal property 
and interests in property, (3) the detail of Federal personnel, (4) the 
sale and lease of, and the permission to use (on other than a casual or 
transient basis), Federal property or any interest in such property 
without consideration or at a nominal consideration, or at a 
consideration which is reduced for the purposes of assisting the 
recipient, or in recognition of the public interest to be served by such 
sale or lease to the recipient, and (5) any Federal agreement, 
arrangement, or other contract which has as one of its purposes the 
provision of assistance.
    (f) The term program includes any program, project, or activity for 
the provision of services, financial aid, or other benefits to 
individuals (including education or training, health, welfare, 
rehabilitation, housing, or other services, whether provided through 
employees of the recipient of Federal financial assistance or provided 
by others through contracts or other arrangements with the recipient, 
and including work opportunities and cash or loan or other assistance to 
individuals), or for the provision of facilities for furnishing 
services, financial aid or other benefits to individuals. The services, 
financial aid, or other benefits provided

[[Page 53]]

under a program receiving. Federal financial assistance shall be deemed 
to include any services, financial aid, or other benefits provided with 
the aid of Federal financial assistance or with the aid of any non-
Federal funds, property, or other resources required to be expended or 
made available for the program to meet matching requirements or other 
conditions which must be met in order to receive the Federal financial 
assistance, and to include any services, financial aid, or other 
benefits provided in or through a facility provided with the aid of 
Federal financial assistance or such non-Federal resources.
    (g) The term facility includes all or any portion of structures, 
equipment, or other real or personal property or interests therein, and 
the provision of facilities includes the construction, expansion, 
renovation, remodeling, alteration or acquisition of facilities.
    (h) The term recipient means any State, political subdivision of any 
State, or instrumentality of any State or political subdivision, any 
public or private agency, institution, or organization, or any other 
entity, or any individual, in any State, to whom Federal financial 
assistance is extended, directly or through another recipient, for any 
program, including any successor, assign, or transferee thereof, but 
such term does not include any ultimate beneficiary under any such 
program.
    (i) The term primary recipient means any recipient which is 
authorized or required to extend Federal financial assistance to another 
recipient for the purpose of carrying out a program.
    (j) The term applicant means one who submits an application, 
request, or plan required to be approved by a responsible GSA official, 
or by a primary recipient, as a condition to eligibility for Federal 
financial assistance, and the term application means such an 
application, request, or plan.



Sec. 101-6.217  Laws authorizing Federal financial assistance for programs to which this subpart applies.

    (a)(1) Donation of surplus personal property to educational 
activities which are of special interest to the armed services (section 
203(j)(2) of the Federal Property and Administrative Services Act of 
1949, 40 U.S.C. 484(j)(2)).
    (2) Donation of surplus personal property for use in any State for 
purposes of education, public health, or civil defense, or for research 
for any such purposes (section 203(j) (3) and (4) of the Federal 
Property and Administrative Services Act of 1949, 40 U.S.C. 484(j) (3) 
and (4)), and the making available to State agencies for surplus 
property, or the transfer of title to such agencies, of surplus personal 
property approved for donation for purposes of education, public health, 
or civil defense, or for research for any such purposes (section 203(n) 
of the Federal Property and Administrative Services Act of 1949, 40 
U.S.C. 484(n)).
    (b) Disposal of surplus real and related personal property for 
purposes of education or public health, including research (section 
203(k)(1) of the Federal Property and Administrative Services Act of 
1949, 40 U.S.C. 484(k)(1)).
    (c) Donation of property for public airport purposes (section 13(g) 
of the Surplus Property Act of 1944, 50 U.S.C. App. 1622(g); section 23 
of the Airport and Airway Development Act of 1970, Pub. L. 91-258).
    (d)(1) Disposal of surplus real property, including improvements, 
for use as a historic monument (section 13(h) of the Surplus Property 
Act of 1944, 50 U.S.C. App. 1622(h)).
    (2) Disposal of surplus real and related personal property for 
public park or public recreational purposes (section 203(k)(2) of the 
Federal Property and Administrative Services Act of 1949, 40 U.S.C. 
484(k)(2).
    (e) Disposal of real property to States for wildlife conservation 
purposes (Act of May 19, 1948, 16 U.S.C. 667b-d).
    (f) Donation of personal property to public bodies (section 202(h) 
of the Federal Property and Administrative Services Act of 1949, 40 
U.S.C. 483(h)).
    (g) Grants of easements by the General Services Administration 
pursuant to the Act of October 23, 1962, (40 U.S.C. 319-319(c), and 
grants by the General Services Administration of revocable licenses or 
permits to use or occupy Federal real property, if the consideration to 
the Government for such easement, licenses, or permits is less than 
estimated fair market value.

[[Page 54]]

    (h) Conveyance of real property or interests therein by the General 
Services Administration to States or political subdivisions for street 
widening purposes pursuant to the Act of July 7, 1960 (40 U.S.C. 345c), 
if the consideration to the Government is less than estimated fair 
market value.
    (i) Allotment of space by the General Services Administration in 
Federal buildings to Federal Credit Unions, without charge for rent or 
services (section 25 of the Federal Credit Union Act, 12 U.S.C. 1770).
    (j) Donation of surplus property to the American National Red Cross 
(section 203(l) of the Federal Property and Administrative Services Act 
of 1949, 40 U.S.C. 484(l)).
    (k) Provision by the General Services Administration of free space 
and utilities for vending stands operated by blind persons (section 1 of 
the Randolph-Sheppard Act, 20 U.S.C. 107).
    (l) Donation of forfeited distilled spirits, wine, and malt 
beverages to eleemosynary institutions (26 U.S.C. 5688).
    (m) Donation of surplus Federal records (Federal Records Disposal 
Act of 1943, 44 U.S.C. 366-380).
    (n) Grants to State and local agencies and to nonprofit 
organizations and institutions for the collecting, describing, 
preserving and compiling, and publishing of documentary sources 
significant to the history of the United States (section 503 of the 
Federal Property and Administrative Services Act of 1949, as amended by 
Pub. L. 88-383).
    (o) Loan of machine tools and industrial manufacturing equipment in 
the national industrial reserve to nonprofit educational institutions or 
training schools (section 7 of the National Industrial Reserve Act of 
1948, 50 U.S.C. 456).
    (p) District of Columbia grant-in-aid hospital program (60 Stat. 
896, as amended).
    (q) Disposal of surplus real property for use in the provision of 
rental or cooperative housing to be occupied by families or individuals 
of low or moderate income (section 414 of the Housing and Urban 
Development Act of 1969, Pub. L. 91-152).
    (r) Payments in lieu of taxes on certain real property transferred 
from the Reconstruction Finance Corporation (Title VII of the Federal 
Property and Administrative Services Act of 1949, 40 U.S.C. 521-524).
    (s) Conveyance of certain lands and property to the State of Hawaii 
without reimbursement (Pub. L. 88-233, 77 Stat. 472).

[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]



                      Subpart 101-6.3--Ridesharing

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), Executive 
Order 12191 dated February 1, 1980.

    Source: 49 FR 20289, May 14, 1984, unless otherwise noted.



Sec. 101-6.300  Federal facility ridesharing--general policy.

    This section sets forth policy and procedures governing promotion by 
executive agencies of ridesharing at federally owned or operated 
facilities and provides for the establishment and administration of a 
nationwide system of Federal facility employee transportation 
coordinators (ETC's). The authority for this subpart is Executive Order 
12191, dated February 1, 1980, which established the Federal Facility 
Ridesharing Program and delegated the primary responsibility for program 
development, implementation, and administration to the Administrator of 
General Services in consultation with the Secretary of Transportation.
    (a) Executive agencies shall actively promote the use of ridesharing 
at all Federal facilities. This promotion shall include cooperation with 
State and local ridesharing agencies where such agencies exist. In the 
process of promoting ridesharing, the Government shall not favor or 
endorse one commercial firm or nonprofit organization to the exclusion 
of other commercial firms or nonprofit organizations.
    (b) Each executive agency shall issue instructions as may be 
necessary to implement Federal facility ridesharing programs and to 
obtain annual ridesharing program reports at those facilities where the 
agency is responsible for providing the ETC. The information provided by 
each ETC should include methods used to promote ridesharing

[[Page 55]]

at his/her facility and any achievements or significant barriers 
encountered. Each executive agency shall maintain a current record of 
the names, titles, addresses, and telephone numbers of its facility 
ETC's, nationwide.
    (c) Agencies are required to submit a Federal Facility Ridesharing 
Report to GSA by June 1 of each year (see Sec. 101-6.303). The report 
shall contain a summary of the information provided by the facility 
ETC's and any other pertinent information applicable to the agency's 
ridesharing program.
    (d) Wherever possible, agencies shall use and promote existing 
ridematching services. Where ridematching services do not exist, they 
shall be established, preferably in conjunction with nearby facilities. 
Ridematching systems may be manual i.e., bulletin board or locator 
board, or computerized. All systems must comply with the provisions of 
the Privacy Act of 1974.
    (e) Wherever possible, agencies shall implement parking incentives 
which promote ridesharing and the efficient use of federally controlled 
parking areas. Agencies are also encouraged to work with private parking 
management concerns in or near Federal facilities to encourage the use 
of carpools and vanpools.
    (f) Whenever feasible, agencies should consider providing for 
flexibility in employee working hours to facilitate ridesharing 
arrangements.
    (g) For more information on Federal facility ridesharing, see 41 CFR 
parts 102-71 through 102-82. To the extent that any policy statements in 
this subpart are inconsistent with the policy statements in 41 CFR parts 
102-71 through 102-82, the policy statements in 41 CFR parts 102-71 
through 102-82 are controlling.

[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988; 66 
FR 5358, Jan. 18, 2001]



Sec. 101-6.301  Definitions.

    (a) Ridesharing. Sharing of the commute to and from work by two or 
more people, on a continuing basis, regardless of their relationship to 
each other, in any mode of transportation, including but not limited to: 
carpools, vanpools, buspools and mass transit.
    (b) Ridematching. Any manual or automated system that gathers 
commuter information from interested individuals and processes this 
information to identify potential ridesharing arrangements among these 
individuals.
    (c) Facility. Either a single building or a group of buildings or 
work locations at a common site.
    (d) Third party operator. A ridesharing agency or other 
organization, whether public or private, that leases vans or buses to 
employers or individual employees.
    (e) Federal facility employee transportation coordinator. An 
individual appointed by the agency who provides commuter ridesharing 
services to all employees at the facility and who serves as a point of 
contact for local and State ridesharing agencies, where they exist.
    (f) Agencywide employee transportation coordinator. An individual 
appointed by the agency, who is responsible for planning, organizing, 
and directing an agencywide ridesharing program, and serves as a point 
of contact for the agency's Federal facility ETC's and also as the 
ridesharing liaison between the agency and GSA.



Sec. 101-6.302  Employee transportation coordinators.

    (a) Federal facility employee transportation coordinator. Agencies 
shall designate an ETC at each Federal facility with 100 or more full-
time employees on one shift. Agencies are encouraged to appoint 
coordinators at facilities with less than 100 full-time employees where 
such a coordinator can provide significant benefits to the ridesharing 
program. At a facility occupied by more than one Federal agency, the 
executive agency having the largest number of employees shall have the 
lead responsibility for program coordination and implementation for all 
the Federal agencies at the facility and shall provide the ETC for the 
facility. Should a smaller agency volunteer to provide the facility ETC, 
the lead agency may transfer this responsibility to the smaller agency. 
The Federal facility ETC shall:
    (1) Promote ridesharing at the facility by:

[[Page 56]]

    (i) Publicizing the name, location, and telephone number of the 
employee transportation coordinator by using bulletin boards, memoranda, 
newsletters, etc.;
    (ii) Assisting employees in joining or forming carpools or vanpools;
    (iii) Aiding employee participation in ridematching programs (Where 
ridematching programs do not exist, action should be taken to establish 
them);
    (iv) Working closely with the parking management offices to promote 
ridesharing through preferential parking incentives;
    (v) Establishing ridesharing orientation for new and transferring 
employees at the facility;
    (vi) Utilizing ridesharing resources provided by State and local 
ridesharing agencies and participating in special ridesharing events;
    (vii) Publicizing the availability of public transportation;
    (viii) Communicating employee transportation needs to local public 
transportation authorities and other organizations (such as private bus 
companies) furnishing multipassenger modes of transportation; and
    (ix) Establishing ridesharing goals and objectives for the facility.
    (2) Prepare a facility report for annual submission to the 
agencywide coordinator.
    (b) Agencywide employee transportation coordinator. Agencies shall 
appoint an individual to serve as an agencywide ETC. The agencywide ETC 
shall:
    (1) Serve as a point of contact for the agency's facility ETC's;
    (2) Serve as a liaison between other agencywide ETC's, State, and 
local ridesharing agencies and the GSA Central Office;
    (3) Assist in the development and implementation of an agencywide 
ridesharing program; and
    (4) Submit promptly any change in the name, address, title, or 
telephone number of the agencywide ETC to GSA.



Sec. 101-6.303  Reporting procedures.

    (a) The head of each agency shall submit to GSA by June 1 of each 
year a report which shall include:
    (1) The name, address, title, and telephone number of the agencywide 
ETC;
    (2) A narrative on actions taken and barriers encountered in 
promoting ridesharing within the agency;
    (3) Information on any notable facility achievements; and
    (4) A copy of instructions issued to the agency's facility ETC's for 
implementing the Federal Facility Ridesharing Program.
    (b) Reports shall be submitted to: Federal Facility Ridesharing 
Program, General Services Administration (PQ) Washington, DC 20405. The 
telephone number for the program is FTS 566-0059 (202-566-0059).
    (c) Interagency report control number 0258-GSA-AN has been assigned 
to this report.

[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988]



Sec. 101-6.304  Exemptions.

    Facilities with less than 100 full-time employees or less than 100 
full-time employees on the largest shift are not required to submit an 
annual report. Agencies shall not subdivide buildings, groups of 
buildings, or worksites for the purpose of meeting the exemption 
standards.



Sec. 101-6.305  Assistance to agencies.

    (a) Due to the large number of Federal, State, local and private 
sector groups involved in the promotion of ridesharing programs, there 
are various resources available to Federal agencies interested in 
technical assistance and promotional materials for use in their 
ridesharing programs. To aid agencies in identifying these resources, 
GSA has designated ridesharing coordinators at each of its regional 
offices. A list of these coordinators and information concerning the 
national program can be obtained by contacting the office listed in 
Sec. 101-6.303(b).
    (b) Ridesharing management assistance is often available from local 
ridesharing agencies found in most cities throughout the country. These 
agencies may be sponsored by State or local governments, public 
transportation authorities, universities, Chambers of Commerce, Councils 
of Governments, etc. In addition to providing commuter matching 
services, these agencies have experience in local ridesharing promotion 
activities, vanpool and buspool

[[Page 57]]

programs, and are familiar with management of commuter disruptions such 
as transit strikes, bridge closings, as well as air pollution alerts. 
ETC's are encouraged to use the services of the local ridesharing 
agencies to the greatest extent possible.



 Subpart 101-6.4--Official Use of Government Passenger Carriers Between 
                    Residence and Place of Employment

    Source: 65 FR 54966, Sept. 12, 2000, unless otherwise noted.



Sec. 101-6.400  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For policy concerning official use of Government passenger carriers 
between residence and place of employment previously contained in this 
part, see FMR part 5 (41 CFR part 102-5), Home-to-Work Transportation.



         Subpart 101-6.5--Code of Ethics for Government Service



Sec. 101-6.500  Scope of subpart.

    (a) In accordance with Public Law 96-303, the requirements of this 
section shall apply to all executive agencies (as defined by section 105 
of title 5, United States Code), the United States Postal Service, and 
the Postal Rate Commission. The heads of these agencies shall be 
responsible for ensuring that the requirements of this section are 
observed and complied with within their respective agencies.
    (b) Each agency, as defined in ``(a)'' above, shall display in 
appropriate areas of buildings in which at least 20 individuals are 
regularly employed by an agency as civilian employees, copies of the 
Code of Ethics for Government Service (Code).
    (c) For Government-owned or wholly leased buildings subject to the 
requirements of this section, at least one copy of the Code shall be 
conspicuously displayed, normally in the lobby of the main entrance to 
the building. For other buildings subject to the requirements of this 
section which are owned, leased, or otherwise provided to the Federal 
Government for the purpose of performing official business, at least one 
copy of the Code shall be conspicuously displayed within the space 
occupied by the Government. In all cases, additional copies of the Code 
may be displayed in other appropriate building locations, such as 
auditoriums, bulletin boards, cafeterias, locker rooms, reception areas, 
and other high-traffic areas.
    (d) Agencies of the Federal Government shall not pay any costs for 
the printing, framing, or other preparation of the Code. Agencies may 
properly pay incidental expenses, such as the cost of hardware, other 
materials, and labor incurred to display the Code. Display shall be 
consistent with the decor and architecture of the building space. 
Installation shall cause no permanent damage to stonework or other 
surfaces which are difficult to maintain or repair.
    (e) Agencies may obtain copies of the Code by submitting a 
requisition for National Stock Number (NSN) 7690-01-099-8167 in Fedstrip 
format to the GSA regional office responsible for providing support to 
the requisitioning agency. Agencies will be charged a nominal fee to 
cover shipping and handling.

[58 FR 21945, Apr. 28, 1994]



        Subpart 101-6.6--Fire Protection (Firesafety) Engineering

    Source: 59 FR 54531, Nov. 1, 1994, unless otherwise noted.



Sec. 101-6.600  Scope of subpart.

    (a) This subpart provides the regulations of the General Services 
Administration (GSA) under Title I of the Fire Administration 
Authorization Act of 1992 concerning definition and determination of 
equivalent level of safety. The primary objective of this regulation is 
to provide a quantifiable means of determining compliance with the 
requirements of the Act. It is not a substitute for compliance with 
building and fire code requirements typically used in construction and 
occupancy of buildings.
    (b) For more information on fire protection (firesafety) 
engineering, see 41

[[Page 58]]

CFR parts 102-71 through 102-82. To the extent that any policy 
statements in this subpart are inconsistent with the policy statements 
in 41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR 
parts 102-71 through 102-82 are controlling.

[59 FR 54531, Nov. 1, 1994, as amended at 66 FR 5358, Jan. 18, 2001]



Sec. 101-6.601  Background.

    (a) The Fire Administration Authorization Act of 1992 (Pub. Law 102-
522) was signed into law by the President on October 26, 1992. Section 
106 Fire Safety Systems in Federally Assisted Buildings, of Title I--
United States Fire Administration, is commonly referred to as the 
Federal Fire Safety Act of 1992. This section amends the Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2201 et seq.) to require sprinklers 
or an equivalent of safety, in certain types of Federal employee office 
buildings, Federal employee housing units, and federally assisted 
housing units.
    (b) The definition of an automatic sprinkler system is unique to the 
Act. In addition to describing the physical characteristics of an 
automatic sprinkler system, the definition sets a performance objective 
for the system. Automatic sprinkler systems installed in compliance with 
the Act must protect human lives. Sprinklers would provide the level of 
life safety prescribed in the Act by controlling the spread of fire and 
its effects beyond the room of origin. A functioning sprinkler system 
should activate prior to the onset of flashover.
    (c) This subpart establishes a general measure of building 
firesafety performance. To achieve the level of life safety specified in 
the Act, the structure under consideration must be designed, 
constructed, and maintained to minimize the impact of fire. As one 
option, building environmental conditions are specified in this subpart 
to ensure the life safety of building occupants outside the room of fire 
origin. They should be applicable independent of whether or not the 
evaluation is being conducted for the entire building or for just the 
hazardous areas. In the latter case, the room of origin would be the 
hazardous area while any room, space, or area could be a room of origin 
in the entire building scenarious.
    (d) The equivalent level of safety regulation in this subpart does 
not address property protection, business interruption potential, or 
firefighter safety during fire fighting operations. In situations where 
firefighters would be expected to rescue building occupants, the safety 
of both firefighters and occupants must be considered in the equivalent 
level of safety analysis. Thorough prefire planning will allow 
firefighters to choose whether or not to enter a burning building solely 
to fight a fire.



Sec. 101-6.602  Application.

    The requirements of the Act and this subpart apply to all Federal 
agencies and all federallly owned and leased buildings in the United 
States, except those under the control of the Resolution Trust 
Corporation.



Sec. 101-6.603  Definitions.

    (a) Qualified fire protection engineer is defined as an individual, 
with a thorough knowledge and understanding of the principles of physics 
and chemistry governing fire growth, spread, and suppression, meeting 
one of the following criteria:
    (1) An engineer having an undergraduate or graduate degree from a 
college or university offering a course of study in fire protection or 
firesafety engineering, plus a minimum of four (4) years work experience 
in fire protection engineering,
    (2) A professional engineer (P.E. or similar designation) registered 
in Fire Protection Engineering, or
    (3) A professional engineer (P.E. or similar designation) registered 
in a related engineering discipline and holding Member grade status in 
the International Society of Fire Protection Engineers.
    (b) Flashover means fire conditions in a confined area where the 
upper gas layer temperature reaches 600  deg.C (1100  deg.F) and the 
heat flux at floor level exceeds 20 kW/m\2\ (1.8 Btu/ft\2\/sec).
    (c) Reasonable worst case fire scenario means a combination of an 
ignition source, fuel items, and a building location likely to produce a 
fire which

[[Page 59]]

would have a significant adverse impact on the building and its 
occupants. The development of reasonable worst case scenarios must 
include consideration of types and forms of fuels present (e.g., 
furniture, trash, paper, chemicals), potential fire ignition locations 
(e.g., bedroom, office, closet, corridor), occupant capabilities (e.g., 
awake, intoxicated, mentally or physically impaired), numbers of 
occupants, detection and suppression system adequacy and reliability, 
and fire department capabilities. A quantitative analysis of the 
probability of occurrence of each scenario and combination of events 
will be necessary.
    (d) Room of origin means an area of a building where a fire can be 
expected to start. Typically, the size of the area will be determined by 
the walls, floor, and ceiling surrounding the space. However, this could 
lead to unacceptably large areas in the case of open plan office space 
or similar arrangements. Therefore, the maximum allowable fire area 
should be limited to 200 m\2\ (2000 ft\2\) including intervening spaces. 
In the case of residential units, an entire apartment occupied by one 
tenant could be considered as the room of origin to the extent it did 
not exceed the 200 m\2\ (2000 ft\2\) limitation.



Sec. 101-6.604  Requirements.

    (a) The equivalent level of life safety evaluation is to be 
performed by a qualified fire protection engineer. The analysis should 
include a narrative discussion of the features of the building 
structure, function, operational support systems and occupant activities 
which impact fire protection and life safety. Each analysis should 
describe potential reasonable worst case fire scenarios and their impact 
on the building occupants and structure. Specific issues which must be 
addressed include rate of fire growth, type and location of fuel items, 
space layout, building construction, openings and ventilation, 
suppression capability, detection time, occupant notification, occupant 
reaction time, occupant mobility, and means of egress.
    (b) To be acceptable, the analysis must indicate that the existing 
and/or proposed safety systems in the building provide a period of time 
equal to or greater than the amount of time available for escape in a 
similar building complying with the Act. In conducting these analyses, 
the capability, adequacy, and reliability of all building systems 
impacting fire growth, occupant knowledge of the fire, and time required 
to reach a safety area will have to be examined. In particular, the 
impact of sprinklers on the development of hazardous conditions in the 
area of interest will have to be assessed. Three options are provided 
for establishing that an equivalent level of safety exists.
    (1) In the first option, the margin of safety provided by various 
alternatives is compared to that obtained for a code complying building 
with complete sprinkler protection. The margin of safety is the 
difference between the available safe egress time and the required safe 
egress time. Available safe egressd time is the time available for 
evacuation of occupants to an area of safety prior to the onset of 
untenable conditions in occupied areas or the egress pathways. The 
required safe egress time is the time required by occupants to move from 
their positions at the start of the fire to areas of safety. Available 
safe egress times would be developed based on analysis of a number of 
assumed reasonable worst case fire scenarios including assessment of a 
code complying fully sprinklered building. Additional analysis would be 
used to determine the expected required safe egress times for the 
various scenarios. If the margin of safety plus an appropriate safety 
factor is greater for an alternative than for the fully sprinklered 
building, then the alternative should provide an equivalent level of 
safety.
    (2) A second alternative is applicable for typical office and 
residential scenarios. In these situations, complete sprinkler 
protection can be expected to prevent flashover in the room of fire 
origin, limit fire size to no more than 1 megawatt (950 Btu/sec), and 
prevent flames from leaving the room of origin. The times required for 
each of these conditions to occur in the area of interest must be 
determined. The shortest of these three times would become the time 
available for escape. The difference between the minimum time

[[Page 60]]

available for escape and the time required for evacuation of building 
occupants would be the target margin of safety. Various alternative 
protection strategies would have to be evaluated to determine their 
impact on the times at which hazardous conditions developed in the 
spaces of interest and the times required for egress. If a combination 
of fire protection systems provides a margin of safety equal to or 
greater than the target margin of safety, then the combination could be 
judged to provide an equivalent level of safety.
    (3) As a third option, other technical analysis procedures, as 
approved by the responsible agency head, can be used to show 
equivalency.
    (c) Analytical and empirical tools, including fire models and 
grading schedules such as the Fire Safety Evaluation System (Alternative 
Approaches to Life Safety, NEPA 101M) should be used to support the life 
safety equivalency evaluation. If fire modeling is used as part of an 
analysis, an assessment of the predictive capabilities of the fire 
models must be included. This assessment should be conducted in 
accordance with the American Society for Testing and Materials Standard 
Guide for Evaluating the Predictive Capability of Fire Models (ASTM E 
1355).



Sec. 101-6.605  Responsibility.

    The head of the agency responsible for physical improvements in the 
facility or providing Federal assistance or a designated representative 
will determine the acceptability of each equivalent level of safety 
analysis. The determination of acceptability must include a review of 
the fire protection engineer's qualifications, the appropriateness of 
the fire scenarios for the facility, and the reasonableness of the 
assumed maximum probable loss. Agencies should maintain a record of each 
accepted equivalent level of safety analysis and provide copies to fire 
departments or other local authorities for use in developing prefire 
plans.

Subparts 101-6.7--101-6.9  [Reserved]



         Subpart 101-6.10--Federal Advisory Committee Management

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); sec. 7, 5 
U.S.C. app.; and E.O. 12024, 3 CFR 1977 Comp., p. 158.

    Source: 52 FR 45929, Dec. 2, 1987, unless otherwise noted.



Sec. 101-6.1001  Scope.

    (a) This subpart defines the policies, establishes minimum 
requirements, and provides guidance to agency management for the 
establishment, operation, administration, and duration of advisory 
committees subject to the Federal Advisory Committee Act, as amended. 
Reporting requirements which keep the Congress and the public informed 
of the number, purpose, membership activities, and cost of these 
advisory committees are also included.
    (b) The Act and this subpart do not apply to advisory meetings or 
groups listed in Sec. 101-6.1004.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1002  Policy.

    The policy to be followed by Federal departments, agencies, and 
commissions, consistent with the Federal Advisory Committee Act, as 
amended, is as follows:
    (a) An advisory committee shall be established only when it is 
essential to the conduct of agency business. Decision criteria include 
whether committee deliberations will result in the creation or 
elimination of, or change in regulations, guidelines, or rules affecting 
agency business; whether the information to be obtained is already 
available through another advisory committee or source within the 
Federal Government; whether the committee will make recommendations 
resulting in significant improvements in service or reductions in cost; 
or whether the committee's recommendations will provide an important 
additional perspective or viewpoint impacting agency operations;
    (b) An advisory committee shall be terminated whenever the stated 
objectives of the committee have been accomplished; the subject matter 
or work of the committee has become obsolete

[[Page 61]]

by the passing of time or the assumption of the committee's main 
functions by another entity within the Federal Government; or the agency 
determines that the cost of operation is excessive in relation to the 
benefits accruing to the Federal Government;
    (c) An advisory committee shall be fairly balanced in its membership 
in terms of the points of view represented and the functions to be 
performed; and
    (d) An advisory committee shall be open to the public in its 
meetings except in those circumstances where a closed meeting shall be 
determined proper and consistent with the provisions in the Government 
in the Sunshine Act, 5 U.S.C. 552(b).

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1003  Definitions.

    Act means the Federal Advisory Committee Act, as amended, 5 U.S.C., 
App.
    Administrator means the Administrator of General Services.
    Advisory committee subject to the Act means any committee, board, 
commission, council, conference, panel, task force, or other similar 
group, or any subcommittee or other subgroup thereof, which is 
established by statute, or established or utilized by the President or 
any agency official for the purpose of obtaining advice or 
recommendations on issues or policies which are within the scope of his 
or her responsibilities.
    Agency has the same meaning as in section 551(1) of title 5 of the 
United States Code.
    Committee Management Secretariat (Secretariat), established pursuant 
to the Act is responsible for all matters relating to advisory 
committees, and carries out the Administrator's responsibilities under 
the Act and Executive Order 12024.
    Committee member means an individual who serves by appointment on an 
advisory committee and has the full right and obligation to participate 
in the activities of the committee, including voting on committee 
recommendations.
    Presidential advisory committee means any advisory committee which 
advises the President. It may be established by the President or by the 
Congress, or used by the President in the interest of obtaining advice 
or recommendations for the President. ``Independent Presidential 
advisory committee'' means any Presidential advisory committee not 
assigned by the President, or the President's delegate, or by the 
Congress in law, to an agency for administrative and other support and 
for which the Administrator of General Services may provide 
administrative and other support on a reimbursable basis.
    Staff member means any individual who serves in a support capacity 
to an advisory committee.
    Utilized (or used), as referenced in the definition of Advisory 
committee in this section, means a committee or other group composed in 
whole or in part of other than full-time officers or employees of the 
Federal Government with an established existence outside the agency 
seeking its advice which the President or agency official(s) adopts, 
such as through institutional arrangements, as a preferred source from 
which to obtain advice or recommendations on a specific issue or policy 
within the scope of his or her responsibilities in the same manner as 
that individual would obtain advice or recommendations from an 
established advisory committee.



Sec. 101-6.1004  Examples of advisory meetings or groups not covered by the Act or this subpart.

    The following are examples of advisory meetings or groups not 
covered by the Act or this subpart;
    (a) Any committee composed wholly of full-time officers or employees 
of the Federal Government;
    (b) Any advisory committee specifically exempted by an Act of 
Congress;
    (c) Any advisory committee established or utilized by the Central 
Intelligence Agency;
    (d) Any advisory committee established or utilized by the Federal 
Reserve System;
    (e) The Advisory Committee on Intergovernmental Relations;
    (f) Any local civic group whose primary function is that of 
rendering a public service with respect to a Federal program, or any 
State or local committee, council, board, commission, or similar group 
established to advise or

[[Page 62]]

make recommendations to State or local officials or agencies;
    (g) Any committee which is established to perform primarily 
operational as opposed to advisory functions. Operational functions are 
those specifically provided by law, such as making or implementing 
Government decisions or policy. An operational committee may be covered 
by the Act if it becomes primarily advisory in nature. It is the 
responsibility of the administering agency to determine whether such a 
committee is primarily operational. If so, it would not fall under the 
requirements of the Act and this subpart, but would continue to be 
regulated under relevant laws, subject to the direction of the President 
and the review of the appropriate legislative committees;
    (h) Any meeting initiated by the President or one or more Federal 
official(s) for the purpose of obtaining advice or recommendations from 
one individual;
    (i) Any meeting initiated by a Federal official(s) with more than 
one individual for the purpose of obtaining the advice of individual 
attendees and not for the purpose of utilizing the group to obtain 
consensus advice or recommendations. However, agencies should be aware 
that such a group would be covered by the Act when an agency accepts the 
group's deliberations as a source of consensus advice or 
recommendations;
    (j) Any meeting initiated by a group with the President or one or 
more Federal official(s) for the purpose of expressing the group's view, 
provided that the President or Federal official(s) does not use the 
group recurrently as a preferred source of advice or recommendations;
    (k) Meetings of two or more advisory committee or subcommittee 
members convened solely to gather information or conduct research for a 
chartered advisory committee, to analyze relevant issues and facts, or 
to draft proposed position papers for deliberation by the advisory 
committee or a subcommittee of the advisory committee; or
    (l) Any meeting with a group initiated by the President or one or 
more Federal official(s) for the purpose of exchanging facts or 
information.



Sec. 101-6.1005  Authorities for establishment of advisory committees.

    An advisory committee may be established in one of four ways:
    (a) By law where the Congress specifically directs the President or 
an agency to establish it;
    (b) By law where the Congress authorizes but does not direct the 
President or an agency to establish it. In this instance, the 
responsible agency head shall follow the procedures provided in 
Sec. 101-6.1007;
    (c) By the President by Executive Order; or
    (d) By an agency under general agency authority in title 5 of the 
United States Code or under other general agency-authorizing law. In 
this instance, an agency head shall follow the procedures provided in 
Sec. 101-6.1007.



Sec. 101-6.1006  [Reserved]



Sec. 101-6.1007  Agency procedures for establishing advisory committees.

    (a) When an agency head decides that it is necessary to establish a 
committee, the agency must consider the functions of similar committees 
in the same agency before submitting a consultation to GSA to ensure 
that no duplication of effort will occur.
    (b) In establishing or utilizing an advisory committee, the head of 
an agency or designee shall comply with the Act and this subpart, and 
shall:
    (1) Prepare a proposed charter for the committee which includes the 
information listed in section 9(c) of the Act; and
    (2) Submit a letter and the proposed charter to the Secretariat 
proposing to establish or use, reestablish, or renew an advisory 
committee. The letter shall include the following information:
    (i) An explanation of why the committee is essential to the conduct 
of agency business and in the public interest;
    (ii) An explanation of why the committee's functions cannot be 
performed by the agency, another existing advisory committee of the 
agency, or other means such as a public hearing; and
    (iii) A description of the agency's plan to attain fairly balanced 
membership. The plan will ensure that, in the

[[Page 63]]

selection of members for the committee, the agency will consider a 
cross-section of those directly affected, interested, and qualified, as 
appropriate to the nature and functions of the committee. Committees 
requiring technical expertise should include persons with demonstrated 
professional or personal qualifications and experience relevant to the 
functions and tasks to be performed.
    (3) Subcommittees that do not function independently of the full or 
parent advisory committee need not follow the requirements of paragraphs 
(b)(1) and (b)(2) of this section. However, they are subject to all 
other requirements of the Act.
    (4) The requirements of paragraphs (b)(1) and (b)(2) of this section 
shall apply for any subcommittee of a chartered advisory committee, 
whether its members are drawn in whole or in part from the full or 
parent advisory committee, which functions independently of the parent 
advisory committee such as by making recommendations directly to the 
agency rather than for consideration by the chartered advisory 
committee.
    (c) The Secretariat will review the proposal and notify the agency 
of GSA's views within 15 calendar days of receipt, if possible. The 
agency head retains final authority for establishing a particular 
advisory committee.
    (d) The agency shall notify the Secretariat in writing that either:
    (1) The advisory committee is being established. The filing of the 
advisory committee charter as specified in Sec. 101-6.1013 shall be 
considered appropriate written notification in this instance. The date 
of filing constitutes the date of establishment or renewal. The agency 
head shall then comply with the provisions of Sec. 101-6.1009 for an 
established advisory committee; or
    (2) The advisory committee is not being established. In this 
instance, the agency shall also advise the Secretariat if the agency 
head intends to take any further action with respect to the proposed 
advisory committee.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1008  The role of GSA.

    (a) The functions under section 7 of the Act will be performed for 
the Administrator by the Secretariat. The Secretariat assists the 
Administrator in prescribing administrative guidelines and management 
controls for advisory committees, and assists other agencies in 
implementing and interpreting these guidelines. In exercising internal 
controls over the management and supervision of the operations and 
procedures vested in each agency by section 8(b) of the Act and by 
Sec. 101-6.1009 and Sec. 101-6.1017 of this rule, agencies shall conform 
to the guidelines prescribed by GSA.
    (b) The Secretariat may request comments from agencies on management 
guidelines and policy issues of broad interagency interest or 
application to the Federal advisory committee program.
    (c) In advance of issuing informal guidelines, nonstatutory 
reporting requirements, and administrative procedures such as report 
formats or automation, the Secretariat shall request formal or informal 
comments from agency Committee Management Officers.
    (d) The Secretariat shall assure that follow-up reports required by 
section 6(b) of the Act are prepared and transmitted to the Congress as 
directed by the President; either by his delegate, by the agency 
responsible for providing support to a Presidential advisory committee, 
or by the responsible agency or organization designated pursuant to 
paragraph (c) of Sec. 101-6.1011. In performing this function, GSA may 
solicit the assistance of the Office of Management and Budget and other 
appropriate organizations, as deemed appropriate.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1009  Responsibilities of an agency head.

    The head of each agency that uses one or more advisory committees 
shall ensure:
    (a) Compliance with the Act and this subpart;
    (b) Issuance of administrative guidelines and management controls 
which

[[Page 64]]

apply to all advisory committees established or used by the agency;
    (c) Designation of a Committee Management Officer who shall carry 
out the functions specified in section 8(b) of the Act;
    (d) Provision of a written determination stating the reasons for 
closing any advisory committee meeting to the public;
    (e) A review, at least annually, of the need to continue each 
existing advisory committee, consistent with the public interest and the 
purpose and functions of each committee;
    (f) Rates of pay are justified and levels of agency support are 
adequate;
    (g) The appointment of a Designated Federal Officer for each 
advisory committee and its subcommittees;
    (h) The opportunity for reasonable public participation in advisory 
committee activities;
    (i) That the number of committee members is limited to the fewest 
necessary to accomplish committee objectives;
    (j) That the interests and affiliations of advisory committee 
members are reviewed consistent with regulations published by the Office 
of Government Ethics in 5 CFR parts 734, 735, and 737, and additional 
requirements, if any, established by the sponsoring agency pursuant to 
Executive Order 12674, the conflict-of-interest statutes, and the Ethics 
in Government Act of 1978, as amended; and
    (k) Unless otherwise specified by the President, the preparation and 
transmittal of a follow-up report to the Congress detailing the 
disposition of the public recommendations of a Presidential advisory 
committee supported by the agency, in accordance with sections 6(b) of 
the Act.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]



Sec. 101-6.1010  [Reserved]



Sec. 101-6.1011  Responsibilities of the chairperson of an independent Presidential advisory committee.

    The chairperson of an independent Presidential advisory committee 
shall comply with the Act and this subpart and shall:
    (a) Consult with the Administrator concerning the role of the 
Designated Federal Officer and Committee Management Officer;
    (b) Fulfill the responsibilities of an agency head as specified in 
paragraphs (d), (h) and (j) of Sec. 101-6.1009; and
    (c) Unless otherwise specified by the President, consult with the 
Administrator regarding the designation of an agency or organization 
responsible for implementing section 6(b) of the Act.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]



Sec. 101-6.1012  [Reserved]



Sec. 101-6.1013  Charter filing requirements.

    No advisory committee may operate, meet, or take any action until 
its charter has been filed as follows:
    (a) Advisory committee established, used, reestablished, or renewed 
by an agency. The agency head shall file--
    (1) The charter with the standing committees of the Senate and the 
House of Representatives having legislative jurisdiction of the agency;
    (2) A copy of the filed charter with the Library of Congress, 
Exchange and Gift Division, Federal Documents Section, Federal Advisory 
Committee Desk, Washington, DC 20540; and
    (3) A copy of the charter indicating the Congressional filing date, 
with the Secretariat.
    (b) Advisory committee specifically directed by law or authorized by 
law. Procedures are the same as in paragraph (a) of this section.
    (c) Presidential advisory committee. When either the President or 
the Congress establishes an advisory committee that advises the 
President, the responsible agency head or, in the case of an independent 
Presidential advisory committee, the President's designee shall file--
    (1) The charter with the Secretariat;
    (2) A copy of the filed charter with the Library of Congress; and
    (3) If specifically directed by law, a copy of the charter 
indicating its date of filing with the Secretariat, with the standing 
committees on the Senate and the House of Representatives having 
legislative jurisdiction of the agency or

[[Page 65]]

the independent Presidential advisory committee.



Sec. 101-6.1014  [Reserved]



Sec. 101-6.1015  Advisory committee information which must be published in the Federal Register.

    (a) Committee establishment, reestablishment, or renewal. (1) A 
notice in the Federal Register is required when an advisory committee, 
except a committee specifically directed by law or established by the 
President by Executive Order, is established, used, reestablished, or 
renewed. Upon receiving notification of the completed review from the 
Secretariat in accordance with paragraph (c) of Sec. 101-6.1007, the 
agency shall publish a notice in the Federal Register that the committee 
is being established, used, reestablished, or renewed. For a new 
committee, such notice shall also describe the nature and purpose of the 
committee and the agency's plan to attain fairly balanced membership, 
and shall include a statement that the committee is necessary and in the 
public interest.
    (2) Establishment and reestablishment notices shall appear at least 
15 calendar days before the committee charter is filed, except that the 
Secretariat may approve less than 15 days when requested by the agency 
for good cause. The 15-day advance notice requirement does not apply to 
committee renewals, notices of which may be published concurrently with 
the filing of the charter.
    (b) Committee meetings. (1) The agency or an independent 
Presidential advisory committee shall publish at least 15 calendar days 
prior to an advisory committee meeting a notice in the Federal Register, 
which includes:
    (i) The exact name of the advisory committee as chartered;
    (ii) The time, date, place, and purpose of the meeting;
    (iii) A summary of the agenda; and
    (iv) A statement whether all or part of the meeting is open to the 
public or closed, and if closed, the reasons why, citing the specific 
exemptions of the Government in the Sunshine Act (5 U.S.C. 552(b)) as 
the basis for closure.
    (2) In exceptional circumstances, the agency or an independent 
Presidential advisory committee may give less than 15 days notice, 
provided that the reasons for doing so are included in the committee 
meeting notice published in the Federal Register.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]



Sec. 101-6.1016  [Reserved]



Sec. 101-6.1017  Responsibilities of the agency Committee Management Officer.

    In addition to implementing the provisions of section 8(b) of the 
Act, the Committee Management Officer will carry out all 
responsibilities delegated by the agency head. The Committee Management 
Officer should also ensure that section 10(b), 12(a) and 13 of the Act 
are implemented by the agency to provide for appropriate recordkeeping. 
Records include, but are not limited to:
    (a) A set of approved charters and membership lists for each 
advisory committee;
    (b) Copies of the agency's portion of the Annual Report of Federal 
Advisory Committees required by paragraph (b) of Sec. 101-6.1035;
    (c) Agency guidelines on committee management operations and 
procedures as maintained and updated; and
    (d) Agency determinations to close advisory committee meetings as 
required by paragraph (c) of Sec. 101-6.1023.



Sec. 101-6.1018  [Reserved]



Sec. 101-6.1019  Duties of the Designated Federal Officer.

    The agency head or, in the case of an independent Presidential 
advisory committee, the Administrator shall designate a Federal officer 
or employee, who may be either full-time or permanent part-time, to be 
the Designated Federal Officer for each advisory committee and its 
subcommittees, who:
    (a) Must approve or call the meeting of the advisory committee;
    (b) Must approve the agenda;
    (c) Must attend the meetings;
    (d) Shall adjourn the meetings when such adjournment is in the 
public interest; and
    (e) Chairs the meeting when so directed by the agency head.

[[Page 66]]

    (f) The requirement in paragraph (b) of this section does not apply 
to a Presidential advisory committee.



Sec. 101-6.1020  [Reserved]



Sec. 101-6.1021  Public participation in advisory committee meetings.

    The agency head, or the chairperson of an independent Presidential 
advisory committee, shall ensure that--
    (a) Each advisory committee meeting is held at a reasonable time and 
in a place reasonably accessible to the public;
    (b) The meeting room size is sufficient to accommodate advisory 
committee members, committee or agency staff, and interested members of 
the public;
    (c) Any member of the public is permitted to file a written 
statement with the advisory committee; and
    (d) Any member of the public may speak at the advisory committee 
meeting if the agency's guidelines so permit.



Sec. 101-6.1022  [Reserved]



Sec. 101-6.1023  Procedures for closing an advisory committee meeting.

    (a) To close all or part of a meeting, an advisory committee shall 
submit a request to the agency head or, in the case of an independent 
Presidential advisory committee, the Administrator, citing the specific 
provisions of the Government in the Sunshine Act (5 U.S.C. 552(b)) which 
justify the closure. The request shall provide the agency head or the 
Administrator sufficient time to review the matter in order to make a 
determination prior to publication of the meeting notice required by 
Sec. 101-6.1015(b).
    (b) The general counsel of the agency or, in the case of an 
independent Presidential advisory committee, the general counsel of the 
General Services Administration should review all requests to close 
meetings.
    (c) If the agency head or, in the case of an independent 
Presidential advisory committee, the Administrator agrees that the 
request is consistent with the provisions in the Government in the 
Sunshine Act and the Federal Advisory Committee Act, he or she shall 
issue a determination that all or part of the meeting be closed.
    (d) The agency head, or the chairperson of an independent 
Presidential advisory committee, shall:
    (1) Make a copy of the determination available to the public upon 
request; and
    (2) State the reasons why all or part of the meeting is closed, 
citing the specific exemptions used from the Government in the Sunshine 
Act in the meeting notice published in the Federal Register.



Sec. 101-6.1024  [Reserved]



Sec. 101-6.1025  Requirement for maintaining minutes of advisory committee meetings.

    (a) The agency head or, in the case of an independent Presidential 
advisory committee, the chairperson shall ensure that detailed minutes 
of each advisory committee meeting are kept. The minutes must include:
    (1) Time, date, and place;
    (2) A list of the following persons who were present:
    (i) Advisory committee members and staff;
    (ii) Agency employees; and
    (iii) Members of the public who presented oral or written 
statements;
    (3) An estimated number of other members of the public present;
    (4) An accurate description of each matter discussed and the 
resolution, if any, made by the committee of such matter; and
    (5) Copies of each report or other document received, issued, or 
approved by the committee.
    (b) The chairperson of each advisory committee shall certify to the 
accuracy of all minutes of advisory committee meetings.



Sec. 101-6.1026  [Reserved]



Sec. 101-6.1027  Termination of advisory committees.

    (a) Any advisory committee shall automatically terminate not later 
than 2 years after it is established, reestablished, or renewed, unless:
    (1) Its duration is otherwise provided for by law;

[[Page 67]]

    (2) The President or agency head renews it prior to the end of such 
period; or
    (3) The President or agency head terminates it before that time by 
revoking or abolishing its establishment authority.
    (b) If an agency head terminates an advisory committee, the agency 
shall notify the Secretariat of the effective date of termination.



Sec. 101-6.1028  [Reserved]



Sec. 101-6.1029  Renewal and rechartering of advisory committees.

    (a) Advisory committees specifically directed by law:
    (1) Whose duration extends beyond 2 years shall require rechartering 
by the filing of a new charter every 2 years after the date of enactment 
of the law establishing the committee. If a new charter is not filed, 
the committee is not terminated, but may not meet or take any action.
    (2) Which would terminate under the provisions of section 14 of the 
Act, and for which renewal would require reauthorization by law, may be 
reestablished by an agency provided that the agency complies under 
general agency authority with the provisions of Sec. 101-6.1007.
    (b) Advisory committees established by the President may be renewed 
by appropriate action of the President and the filing of a new charter.
    (c) Advisory committees authorized by law or established or used by 
an agency may be renewed, provided that at least 30 but not more than 60 
days before the committee terminates, an agency head who intends to 
renew a committee complies with the provisions of Sec. 101-6.1007.



Sec. 101-6.1030  [Reserved]



Sec. 101-6.1031  Amendments to advisory committee charters.

    (a) Committees specifically directed by law or authorized by law; or 
established by the President. The agency head shall be responsible for 
ensuring that any minor technical changes made to current charters are 
consistent with the relevant statute or Executive Order. When the 
Congress by law, or the President by Executive Order, changes the 
authorizing language which has been the basis for establishing an 
advisory committee, the agency head, or the chairperson of an 
independent Presidential advisory committee, shall:
    (1) Amend those sections of the current charter affected by the new 
law or Executive Order; and
    (2) File the amended charter as specified in Sec. 101-6.1013.
    (b) Committees established or used by an agency. The charter of an 
advisory committee established under general agency authority may be 
amended when an agency head determines that the existing charter no 
longer accurately reflects the objectives or functions of the committee. 
Changes may be minor, such as revising the name of the advisory 
committee, or modifying the estimated number or frequency of meetings. 
Changes may also be major such as those dealing with the objectives or 
composition of the committee. The agency head retains final authority 
for amending the charter of an advisory committee. Amending any existing 
advisory committee charter does not constitute renewal of the committee 
under Sec. 101-6.1029.
    (1) To make a minor amendment to a committee charter, an agency 
shall:
    (i) Amend the charter language as necessary, and
    (ii) File the amended charter as specified in Sec. 101-6.1013.
    (2) To make a major amendment to a committee charter, an agency 
shall:
    (i) Amend the charter language as necessary;
    (ii) Submit the proposed amended charter with a letter to the 
Secretariat requesting GSA's views on the amended language, along with 
an explanation of the purpose of the changes and why they are necessary. 
The Secretariat will review the proposed changes and notify the agency 
of GSA's views within 15 calendar days of the request, if possible; and
    (iii) File the amended charter as specified in Sec. 101-6.1013.

[[Page 68]]



Sec. 101-6.1032  [Reserved]



Sec. 101-6.1033  Compensation and expense reimbursement of advisory committee members, staffs and consultants.

    (a) Uniform pay guidelines for members of an advisory committee. 
Nothing in this subpart shall require an agency head to provide 
compensation, unless otherwise provided by law, to a member of an 
advisory committee. However, when compensation is deemed appropriate by 
an agency, it shall fix the pay of the members of an advisory committee 
to the daily equivalent of a rate of the General Schedule in 5 U.S.C. 
5332 unless the members are appointed as consultants and compensated 
under 5 U.S.C. 3109. In determining an appropriate rate of pay for the 
members, an agency shall give consideration to the significance, scope, 
and technical complexity of the matters with which the advisory 
committee is concerned and the qualifications required of the members of 
the advisory committee. An agency may not fix the pay of the members of 
an advisory committee at a rate higher than the daily equivalent of the 
maximum rate for a GS-15 under the General Schedule, unless a higher 
rate is mandated by statute, or the head of the agency has personally 
determined that a higher rate of pay under the General Schedule is 
justified and necessary. Such a determination must be reviewed by the 
head of the agency annually. Under this subpart, an agency may not fix 
the pay of the members of an advisory committee at a rate of pay higher 
than the daily equivalent of a rate for a GS-18, as provided in 5 U.S.C. 
5332.
    (b) Pay for staff members of an advisory committee. An agency may 
fix the pay of each advisory committee staff member at a rate of the 
General Schedule in which the Staff member's position would 
appropriately be placed (5 U.S.C. chapter 51). An agency may not fix the 
pay of a staff member at a rate higher than the daily equivalent of the 
maximum rate for GS-15, unless the agency head has determined that under 
the General Schedule the staff member's position would appropriately be 
placed at a grade higher than GS-15. This determination must be reviewed 
annually by the agency head.
    (1) In establishing rates of compensation, the agency head shall 
comply with any applicable statutes, regulations, Executive Orders, and 
administrative guidelines.
    (2) A staff member who is a Federal employee shall serve with the 
knowledge of the Designated Federal Officer and the approval of the 
employee's direct supervisor. If a non-Federal employee, the staff 
member shall be appointed in accordance with applicable agency 
procedures, following consultation with the advisory committee.
    (c) Pay for consultants to an advisory committee. An agency shall 
fix the pay of a consultant to an advisory committee after giving 
consideration to the qualifications required of the consultant and the 
significance, scope, and technical complexity of the work. The 
compensation may not exceed the maximum rate of pay authorized by 5 
U.S.C. 3109, and shall be in accordance with any applicable statutes, 
regulations, Executive Orders and administrative guidelines.
    (d) Gratuitous services. In the absence of any special limitations 
applicable to a specific agency, nothing in this subpart shall prevent 
an agency from accepting the gratuitous services of an advisory 
committee member, staff member, or consultant who agrees in advance to 
serve without compensation.
    (e) Travel expenses. Advisory committee members and staff members, 
while engaged in the performance of their duties away from their homes 
or regular places of business, may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by section 5703 of title 
5, United States Code, for persons employed intermittently in the 
Government service.
    (f) Services for handicapped members. While performing advisory 
committee duties, an advisory committee member who is blind or deaf or 
who qualifies as a handicapped individual may be provided services by a 
personal assistant for handicapped employees if the member:
    (1) Qualifies as a handicapped individual as defined by section 501 
of the

[[Page 69]]

Rehabilitation Act of 1973 (29 U.S.C. 794); and
    (2) Does not otherwise qualify for assistance under 5 U.S.C. 3102 by 
reason of being an employee of an agency.
    (g) Exclusions. (1) Nothing in this section shall prevent any person 
who (without regard to his or her service with an advisory committee) is 
a full-time Federal employee from receiving compensation at a rate which 
he or she otherwise would be compensated as a full-time Federal 
employee.
    (2) Nothing in this section shall prevent any person who immediately 
before his or her service with an advisory committee was a full-time 
Federal employee from receiving compensation at the rate at which he or 
she was compensated as a full-time Federal employee.
    (3) Nothing in this section shall affect a rate of pay or a 
limitation on a rate of pay that is specifically established by law or a 
rate of pay established under the General Schedule classification and 
pay system in chapter 51 and chapter 53 of title 5, United States Code.



Sec. 101-6.1034  [Reserved]



Sec. 101-6.1035  Reports required for advisory committees.

    (a) Within one year after a Presidential advisory committee has 
submitted a public report to the President, a follow-up report will be 
prepared and transmitted to the Congress as determined under paragraph 
(d) of Sec. 101-6.1008, detailing the disposition of the committee's 
recommendations in accordance with section 6(b) of the Act. Reports 
shall be consistent with specific instructions issued periodically by 
the Secretariat;
    (b) The President's annual report to the Congress shall be prepared 
by GSA based on reports filed on a fiscal year basis by each agency 
consistent with the information specified in section 6(c) of the Act. 
Reports from agencies shall be consistent with instructions provided 
annually by the Secretariat. Agency reports shall also include 
information requested to enable the Secretariat to carry out the annual 
comprehensive review of each advisory committee as required by section 
7(b) of the Act. These reports have been cleared in accordance with 
FIRMR subpart 201-45.6 in 41 CFR chapter 201 and assigned interagency 
report control number 0304-GSA-XX.
    (c) In accordance with section 10(d) of the Act, advisory committees 
holding closed meetings shall issue reports at least annually, setting 
forth a summary of activities consistent with the policy of section 
552(b) of title 5, United States Code.
    (d) Subject to section 552 of title 5, United States Code, eight 
copies of each report made by an advisory committee, including any 
report on closed meetings as specified in paragraph (c) of this section, 
and, where appropriate, background papers prepared by consultants, shall 
be filed with the Library of Congress as required by section 13 of the 
Act, for public inspection and use at the location specified in 
paragraph (a)(2) of Sec. 101-6.1013.

[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]

Subparts 101-6.11--101-6.20  [Reserved]



     Subpart 101-6.21--Intergovernmental Review of General Services 
                 Administration Programs and Activities

    Authority: E.O. 12372, July 14, 1982 (47 FR 30959), as amended Apr. 
8, 1983 (48 FR 15887); sec. 401 of the Intergovernmental Cooperation Act 
of 1968 as amended (31 U.S.C. 6506).

    Source: 48 FR 29329, June 24, 1983, unless otherwise noted.

    Editorial Note: For additional information, see related documents 
published at 47 FR 57369, Dec. 23, 1982, 48 FR 17101, Apr. 21, 1983, and 
48 FR 29096, June 24, 1983.



Sec. 101-6.2100  Scope of subpart.

    This subpart implements Executive Order 12372, ``Intergovernmental 
Review of Federal Programs'', for Federal financial assistance and 
direct Federal development programs of the General Services 
Administration (GSA).

[[Page 70]]



Sec. 101-6.2101  What is the purpose of these regulations?

    (a) The regulations in this part implement Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' issued July 14, 1982, 
and amended on April 8, 1983. These regulations also implement 
applicable provisions of section 401 of the Intergovernmental 
Cooperation Act of 1968.
    (b) These regulations are intended to foster an intergovenmental 
partnership and a strengthened Federalism by relying on State processes 
and on State, areawide, regional and local coordination for review of 
proposed Federal financial assistance and direct Federal development.
    (c) These regulations are intended to aid the internal management of 
GSA, and are not intended to create any right or benefit enforceable at 
law by a party against GSA or its officers.



Sec. 101-6.2102  What definitions apply to these regulations?

    GSA means the U.S. General Services Administration.
    Order means Executive Order 12372, issued July 14, 1982, and amended 
April 8, 1983, and titled ``Intergovernmental Review of Federal 
Programs.''
    Administrator means the Administrator of General Services or an 
official or employee of GSA acting for the Administrator under a 
delegation of authority.
    State means any of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, American Samoa, the U.S. Virgin Islands, or the Trust 
Territory of the Pacific Islands.



Sec. 101-6.2103  What programs and activities of GSA are subject to these regulations?

    The Administrator publishes in the Federal Register a list of GSA's 
programs and activities that are subject to these regulations.



Sec. 101-6.2104  What are the Administrator's general responsibilities under the Order?

    (a) The Administrator provides opportunities for consultation by 
elected officials of those State and local governments that would 
provide the non-Federal funds for, or that would be directly affected 
by, proposed Federal financial assistance from, or direct Federal 
development by, GSA.
    (b) If a State adopts a process under the Order to review and 
coordinate proposed Federal financial assistance and direct Federal 
development, the Administrator, to the extent permitted by law:
    (1) Uses the State process to determine official views of State and 
local elected officials;
    (2) Communicates with State and local elected officials as early in 
a program planning cycle as is reasonably feasible to explain specific 
plans and actions;
    (3) Makes efforts to accommodate State and local elected officials' 
concerns with proposed Federal financial assistance and direct Federal 
development that are communicated through the State process;
    (4) Allows the States to simplify and consolidate existing federally 
required State plan submissions;
    (5) Where State planning and budgeting systems are sufficient and 
where permitted by law, encourages the substitution of State plans for 
federally required State plans;
    (6) Seeks the coordination of views of affected State and local 
elected officials in one State with those of another State when proposed 
Federal financial assistance or direct Federal development has an impact 
on interstate metropolitan urban centers or other interstate areas; and
    (7) Supports State and local governments by discouraging the 
reauthorization or creation of any planning organization which is 
federally-funded, which has limited purpose, and which is not adequately 
representative of, or accountable to, State or local elected officials.



Sec. 101-6.2105  What is the Administrator's obligation with respect to Federal interagency coordination?

    The Administrator, to the extent practicable, consults with and 
seeks advice from all other substantially affected Federal departments 
and agencies in an effort to assure full coordination between such 
agencies and GSA

[[Page 71]]

regarding programs and activities covered under these regulations.



Sec. 101-6.2106  What procedures apply to the selection of programs and activities under these regulations?

    (a) A State may select any program or activity published in the 
Federal Register in accordance with Sec. 101-6.2103 of this part for 
intergovernmental review under these regulations. Each State, before 
selecting programs and activities, shall consult with local elected 
officials.
    (b) Each State that adopts a process shall notify the Administrator 
of the GSA programs and activities selected for that process.
    (c) A State may notify the Administrator of changes in its 
selections at any time. For each change, the State shall submit to the 
Administrator an assurance that the State has consulted with elected 
local elected officials regarding the change. GSA may establish 
deadlines by which States are required to inform the Administrator of 
changes in their program selections.
    (d) The Administrator uses a State's process as soon as feasible, 
depending on individual programs and activities, after the Administrator 
is notified of its selections.



Sec. 101-6.2107  How does the Administrator communicate with State and local officials concerning GSA's programs and activities?

    (a) [Reserved]
    (b) The Administrator provides notice to directly affected State, 
areawide, regional, and local entities in a State of proposed Federal 
financial assistance or direct Federal development if:
    (1) The State has not adopted a process under the Order; or
    (2) The assistance or development involves a program or activity not 
selected for the State process.

    Note: This notice may be made by publication in the Federal Register 
or other appropriate means, which GSA in its discretion deems 
appropriate.



Sec. 101-6.2108  How does the Administrator provide States an opportunity to comment on proposed Federal financial assistance and direct Federal development?

    (a) Except in unusual circumstances, the Administrator gives State 
processes or directly affected State, areawide, regional and local 
officials and entities at least:
    (1) [Reserved]
    (2) 60 days from the date established by the Administrator to 
comment on proposed direct Federal development or Federal financial 
assistance.
    (b) This section also applies to comments in cases in which the 
review, coordination, and communication with GSA have been delegated.



Sec. 101-6.2109  How does the Administrator receive and respond to comments?

    (a) The Administrator follows the procedures in Sec. 101-6.2110 if:
    (1) A State office or official is designated to act as a single 
point of contact between a State process and all Federal agencies, and
    (2) That office or official transmits a State process recommendation 
for a program selected under Sec. 101-6.2106.
    (b)(1) The single point of contact is not obligated to transmit 
comments from State, areawide, regional or local officials and entities 
where there is no State process recommendation.
    (2) If a State process recommendation is transmitted by a single 
point of contact, all comments from State, areawide, regional, and local 
officials and entities that differ from it must also be transmitted.
    (c) If a State has not established a process, or is unable to submit 
a State process recommendation, State, areawide, regional and local 
officials and entities may submit comments to GSA.
    (d) If a program or activity is not selected for a State process, 
State, areawide, regional and local officials and entities may submit 
comments to GSA. In addition, if a State process recommendation for a 
nonselected program or activity is transmitted to GSA

[[Page 72]]

by the single point of contact, the Administrator follows the procedures 
of Sec. 101-6.2110 of this part.
    (e) The Administrator considers comments which do not constitute a 
State process recommendation submitted under these regulations, and for 
which the Administrator is not required to apply the procedures of 
Sec. 101-6.2110 of this part, when such comments are provided by a 
single point of contact, or directly to GSA by a commenting party.



Sec. 101-6.2110  How does the Administrator make efforts to accommodate intergovernmental concerns?

    (a) If a State process provides a State process recommendation to 
GSA through its single point of contact, the Administrator either:
    (1) Accepts the recommendation;
    (2) Reaches a mutually agreeable solution with the State process; or
    (3) Provides the single point of contact with such written 
explanation of its decision, as the Administrator in his or her 
discretion deems appropriate. The Administrator may also supplement the 
written explanation by providing the explanation to the single point of 
contact by telephone, other telecommunication, or other means.
    (b) In any explanation under paragraph (a)(3) of this section, the 
Administrator informs the single point of contact that:
    (1) GSA will not implement its decision for at least ten days after 
the single point of contact receives the explanation; or
    (2) The Administrator has reviewed the decision and determined that, 
because of unusual circumstances, the waiting period of at least ten 
days is not feasible.
    (c) For purposes of computing the waiting period under paragraph 
(b)(1) of this section, a single point of contact is presumed to have 
received written notification 5 days after the date of mailing of such 
notification.



Sec. 101-6.2111  What are the Administrator's obligations in interstate situations?

    (a) The Administrator is responsible for:
    (1) Identifying proposed Federal financial assistance and direct 
Federal development that have an impact on interstate areas;
    (2) Notifying appropriate officials and entities in States which 
have adopted a process and which have selected a GSA program or 
activity;
    (3) Making efforts to identify and notify the affected State, 
areawide, regional, and local officials and entities in those States 
that have not adopted a process under the Order or have not selected a 
GSA program or activity; and
    (4) Responding pursuant to Sec. 101-6.2110 of this part if the 
Administrator receives a recommendation from a designated areawide 
agency transmitted by a single point of contact, in cases in which the 
review, coordination, and communication with GSA have been delegated.
    (b) The Administrator uses the procedures in Sec. 101-6.2110 if a 
State process provides a State process recommendation to GSA through a 
single point of contact.



Sec. 101-6.2112  How may a State simplify, consolidate, or substitute federally required State plans?

    (a) As used in this section:
    (1) Simplify means that a State may develop its own format, choose 
its own submission date, and select the planning period for a State 
plan.
    (2) Consolidate means that a State may meet statutory and regulatory 
requirements by combining two or more plans into one document and that 
the State can select the format, submission date, and planning period 
for the consolidated plan.
    (3) Substitute means that a State may use a plan or other document 
that it has developed for its own purposes to meet Federal requirements.
    (b) If not inconsistent with law, a State may decide to try to 
simplify, consolidate, or substitute federally required State plans 
without prior approval by the Administrator.
    (c) The Administrator reviews each State plan that a State has 
simplified, consolidated, or substituted and accepts the plan only if 
its contents meet Federal requirements.

[[Page 73]]



Sec. 101-6.2113  May the Administrator waive any provision of these regulations?

    In an emergency, the Administrator may waive any provision of these 
regulations.

Subparts 101-6.22--101-6.48  [Reserved]



                     Subpart 101-6.49--Illustrations

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



Sec. 101-6.4900  Scope of subpart.

    This subpart contains illustrations prescribed for use in connection 
with the subject matter covered in part 101-6.

[37 FR 20542, Sept. 30, 1972]



Sec. 101-6.4901  [Reserved]



Sec. 101-6.4902  Format of certification required for budget submissions of estimates of obligations in excess of $100,000 for acquisitions of real and related 
          personal property.

    Note: The illustration in Sec. 101-6.4902 is filed as part of the 
original document.

[37 FR 20542, Sept. 30, 1972]



PART 101-8--NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS--Table of Contents




Subparts 101-8.1--101-8.2  [Reserved]

   Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap

Sec.
101-8.300  Purpose and applicability.
101-8.301  Definitions.
101-8.302  General prohibitions.
101-8.303  Specific prohibitions.
101-8.304  Effect of State or local law or other requirements and effect 
          of employment opportunities.
101-8.305  Employment practices prohibited.
101-8.306  Reasonable accommodation.
101-8.307  Employment criteria.
101-8.308  Preemployment inquiries.
101-8.309  Program accessibility.
101-8.310  New construction.
101-8.311  Historic preservation programs.
101-8.312  Procedures.
101-8.313  Self-evaluation.

Subparts 101-8.4--101-8.6  [Reserved]

     Subpart 101-8.7--Discrimination Prohibited on the Basis of Age

101-8.700  Purpose of the Age Discrimination Act of 1975.
101-8.701  Scope of General Services Administration's age discrimination 
          regulation.
101-8.702  Applicability.
101-8.703  Definitions of terms.
101-8.704  Rules against age discrimination.
101-8.705  Definition of normal operation and statutory objective.
101-8.706  Exceptions to the rules against age discrimination.
101-8.706-1  Normal operation or statutory objective of any program or 
          activity.
101-8.706-2  Reasonable factors other than age.
101-8.707  Burden of proof.
101-8.708  Affirmative action by recipient.
101-8.709  Special benefits for children and the elderly.
101-8.710  Age distinctions contained in General Services Administration 
          regulation.
101-8.711  General responsibilities.
101-8.712  Notice to subrecipients and beneficiaries.
101-8.713  Assurance of compliance and recipient assessment of age 
          distinctions.
101-8.714  Information requirements.
101-8.715  Compliance reviews.
101-8.716  Complaints.
101-8.717  Mediation.
101-8.718  Investigation.
101-8.719  Prohibition against intimidation or retaliation.
101-8.720  Compliance procedure.
101-8.721  Hearings.
101-8.722  Decisions and notices.
101-8.723  Remedial action by recipient.
101-8.724  Exhaustion of administrative remedies.
101-8.725  Alternate funds disbursal.

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

    Source: 47 FR 25337, June 11, 1982, unless otherwise noted.

Subparts 101-8.1--101-8.2  [Reserved]



   Subpart 101-8.3--Discrimination Prohibited on the Basis of Handicap



Sec. 101-8.300  Purpose and applicability.

    (a) The purpose of this subpart is to implement section 504 of the 
Rehabilitation Act of 1973, as amended, which prohibits discrimination 
on the basis of

[[Page 74]]

handicap in any program or activity receiving Federal financial 
assistance.
    (b) This subpart applies to each recipient or subrecipient of 
Federal assistance from GSA and to each program or activity that 
receives or benefits from assistance.



Sec. 101-8.301  Definitions.

    (a) Section 504 means section 504 of the Rehabilitation Act of 1973, 
Public Law 93-112, as amended by the Rehabilitation Act Amendments of 
1974, Public Law 93-516, 29 U.S.C. 794.
    (b) Handicapped person means any person who has a physical or mental 
impairment which substantially limits one or more major life activities, 
has a record of such impairments, or is regarded as having such an 
impairment.
    (c) As used in paragraph (b) of this section, the phrase:
    (1) Physical or mental impairment means:
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one or more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive, digestive, 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term ``physical or mental 
impairment'' includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech and hearing impairments, 
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, 
cancer, heart disease, diabetes, mental retardation, emotional illness 
and drug addiction and alcoholism, when current use of drugs and/or 
alcohol is not detrimental to or interferes with the employee's 
performance, nor constitutes a direct threat to property or safety of 
others.
    (2) Major life activities means functions such as caring for one's 
self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means:
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but that is treated by a recipient as 
constituting such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in paragraphs (c)(1) (i) 
and (ii) of this section, but is treated by a recipient as having such 
an impairment.
    (d) Qualified handicapped person means:
    (1) With respect to employment, a handicapped person who, with 
reasonable accommodation, can perform the essential functions of the job 
in question;
    (2) With respect to public preschool, elementary, secondary, or 
adult education services, a handicapped person:
    (i) Of an age during which nonhandicapped persons are provided such 
services;
    (ii) Of any age during which it is mandatory under state law to 
provide such services to handicapped persons; or
    (iii) To whom a state is required to provide a free appropriate 
public education under section 612 of the Education for All Handicapped 
Children Act of 1975, Public Law 94-142.
    (3) With respect to postsecondary and vocational education services, 
a handicapped person who meets the academic and technical standards 
requisite to admission or participation in the recipient's education 
program or activity; and
    (4) With respect to other services, a handicapped person who meets 
the essential eligibility requirements for the receipt of such services.
    (e) Handicap means condition or characteristic that renders a person 
a handicapped person as defined in paragraph (b) of this section.

The definitions set forth in Sec. 101-6.216, to the extent not 
inconsistent with

[[Page 75]]

this subpart, are made applicable to and incorporated into this subpart.



Sec. 101-8.302  General prohibitions.

    No qualified handicapped persons shall, on the basis of handicap, be 
excluded from participation in, be denied the benefits of, or otherwise 
be subjected to discrimination under any program or activity that 
receives or benefits from Federal assistance from GSA.



Sec. 101-8.303  Specific prohibitions.

    (a) A recipient, in providing any aid, benefit, or service, may not 
directly or through contractual, licensing, or other arrangements, on 
the basis of handicap:
    (1) Deny a qualified person the opportunity to participate in or 
benefit from the aid, benefit, or service;
    (2) Afford a qualified handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (3) Provide a qualified handicapped person with an aid, benefit, or 
service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided others;
    (4) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless the action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (5) Aid or perpetuate discrimination against a qualified handicapped 
person by providing significant assistance to an agency, organization, 
or person that discriminates on the basis of handicap in providing any 
aid, benefit, or services to beneficiaries of the recipient's program;
    (6) Deny a qualified handicapped person the opportunity to 
participate as a member of planning committees, advisory boards, or 
other groups; or
    (7) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (b) For purposes of this subpart, aids, benefits, and services, to 
be equally effective, are not required to produce the identical result 
or level of achievement for handicapped and nonhandicapped persons, but 
must afford handicapped persons equal opportunity to obtain the same 
result, to gain the same benefit, or to reach the same level of 
achievement in the most integrated setting appropriate to the person's 
needs.
    (c) Despite the existence of permissible separate or different 
programs or activities, a recipient may not deny a qualified handicapped 
person the opportunity to participate in programs or activities that are 
not separate or different.
    (d) A recipient may not, directly or through contractual or other 
arrangements, use criteria or methods of administration that:
    (1) Have the effect of subjecting qualified handicapped persons to 
discrimination on the basis of handicap;
    (2) Have the purpose or effect of defeating or substantially 
impairing accomplishment of the objectives of the recipient's program 
with respect to handicapped persons; or
    (3) Perpetuate the discrimination of another recipient if both 
recipients are subject to common administrative control or are agencies 
of the same State.
    (e) In determining the site of a facility, an applicant for 
assistance or a recipient may not make selections that:
    (1) Have the effect of excluding handicapped persons from, denying 
them the benefits of, or otherwise subjecting them to discrimination 
under any program or activity that receives Federal assistance from GSA; 
or
    (2) Have the purpose or effect of defeating or substantially 
impairing the accomplishment of the objectives of the program or 
activity with respect to handicapped persons.
    (f) As used in this section, the aid, benefit, or service provided 
under a program or activity receiving or benefitting from Federal 
assistance includes any aid, benefit, or service provided in or through 
a facility that has been constructed, expanded, altered, leased, or 
rented, or otherwise acquired, in whole or in part, with Federal 
assistance.

[[Page 76]]

    (g) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this subpart.
    (h) Recipients shall take appropriate steps to ensure that 
communications with the donees, applicants, employees, and handicapped 
persons participating in federally assisted programs and activities or 
receiving aid, benefits, or services are available to persons with 
impaired vision and hearing. Examples of communications methods include: 
Telecommunication devices for the deaf (TDD's), other telephonic 
devices, provision of braille materials, readers, and qualified sign 
language interpreters.
    (i) The enumeration of specific forms of prohibited discrimination 
in this section does not limit the generality of the prohibition in 
Sec. 101-8.302 of this subpart.



Sec. 101-8.304  Effect of State or local law or other requirements and effect of employment opportunities.

    (a) The obligation to comply with this subpart is not obviated or 
alleviated by the existence of any State or local law or other 
requirement that, on the basis of handicap, imposes prohibitions or 
limits upon the eligibility of qualified handicapped persons to receive 
services or to practice any occupation or profession.
    (b) The obligation to comply with this subpart is not obviated or 
alleviated because employment opportunities in any occupation or 
profession are or may be more limited for handicapped persons than for 
nonhandicapped persons.



Sec. 101-8.305  Employment practices prohibited.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be subjected to employment discrimination under any program or activity 
to which this subpart applies.
    (b) A recipient shall make all decisions concerning employment under 
any program or activity to which this subpart applies in a manner which 
ensures that discrimination on the basis of handicap does not occur and 
may not limit, segregate, or classify applicants or employees in any way 
that adversely affects their opportunities or status because of 
handicap.
    (c) A recipient may not participate in a contractual or other 
relationship that has the effect of subjecting qualified handicapped 
applicants or employees to discrimination prohibited by this subpart. 
The relationships referred to in this paragraph include relationships 
with employment and referral agencies, labor unions, organizations 
providing or administering fringe benefits to employees of the 
recipient, and organizations providing training and apprenticeship 
programs.
    (d) The provisions of this subpart apply to:
    (1) Recruitment, advertising, and processing of applications for 
employment;
    (2) Hiring, upgrading, promotion, award of tenure, demotion, 
transfer, layoff, termination, right of return from layoff, and 
rehiring;
    (3) Rates of pay or any other form of compensation and changes in 
compensation;
    (4) Job assignments, job classifications, organizational structures, 
position descriptions, lines of progression, and seniority lists;
    (5) Leaves of absence, sick or otherwise;
    (6) Fringe benefits available by virture of employment, whether 
administered by the recipient or not;
    (7) Selection and provision of financial support for training, 
including apprenticeship, professional meetings, conferences, and other 
related activities, and selection for leaves of absence to pursue 
training;
    (8) Employer-sponsored activities, including social or recreational 
programs; and
    (9) Any other term, condition, or privilege of employment.
    (e) A recipient's obligation to comply with this subpart is not 
affected by any inconsistent term of any collective bargaining agreement 
to which it is a party.

[[Page 77]]



Sec. 101-8.306  Reasonable accommodation.

    (a) A recipient shall make reasonable accommodation to the known 
physical or metal limitations of an otherwise qualified handicapped 
applicant or employee unless the recipient can demonstrate that the 
accommodation would impose an undue hardship on the operation of its 
program.
    (b) Reasonable accommodation may include:
    (1) Making facilities used by employees readily accessible to and 
usable by handicapped persons; and
    (2) Job restructing; part-time or modified work schedules; 
acquisition or modification of equipment or devices, such as 
telecommunications devices or other telephonic devices for hearing 
impaired persons; provision of reader or qualified sign language 
interpreters; and other similar actions. These actions are to be taken 
either upon request of the handicapped employee or, if not so requested, 
upon the recipient's own initiative, after consultation with and 
approval by the handicapped person.
    (c) In determining, under paragraph (a) of this section, whether an 
accommodation would impose an undue hardship on the operation of a 
recipient's program, factors to be considered include:
    (1) The overall size of the recipient's program with respect to 
number of employees, number and type of facilities, and size of budget;
    (2) The type of the recipient's operation, including the composition 
and structure of the recipient's work force; and
    (3) The nature and cost of the accommodation needed.
    (d) A recipient may not deny an employment opportunity to a 
qualified handicapped employee or applicant if the basis for the denial 
is the need to make reasonable accommodation to the physical or mental 
limitations of the employee or applicant.



Sec. 101-8.307  Employment criteria.

    (a) A recipient may not use an employment test or other selection 
criterion that screens out or tends to screen out handicapped persons 
unless the test score or other selection criterion, as used by the 
recipient, is shown to be job-related for the position in question.
    (b) A recipient shall ensure that employment tests are adapted for 
use by persons who have handicaps that impair sensory, manual, or 
speaking skills except where those skills are the factors that the test 
purports to measure.



Sec. 101-8.308  Preemployment inquiries.

    (a) Except as provided in paragraphs (b) and (c) of this section, a 
recipient may not conduct a preemployment medical examination or may not 
make preemployment inquiries of an applicant as to whether the applicant 
is a handicapped person or as to the nature or severity of a handicap. A 
recipient may, however, make preemployment inquiries into an applicant's 
ability to perform job-related functions.
    (b) When a recipient is taking remedial action to correct the 
effects of past discrimination, or is taking voluntary action to 
overcome the effects of conditions that resulted in limited 
participation in its federally assisted program or activity, or when a 
recipient is taking affirmative action under section 503 of the 
Rehabilitation Act of 1973, as amended, the recipient may invite 
applicants for employment to indicate whether, and to what extent, they 
are handicapped provided that:
    (1) The recipient states clearly on any written questionnaire used 
for this purpose or makes clear orally, if no written questionnaire is 
used, that the information requested is intended for use solely in 
connection with its remedial action obligations or its voluntary or 
affirmative action efforts; and
    (2) The recipient states clearly that the information is requested 
on a voluntary basis, that it will be kept confidential as provided in 
paragraph (d) of this section, that refusal to provide it will not 
subject the applicant or employee to any adverse treatment, and that it 
will be used only in accordance with this subpart.
    (c) This section does not prohibit a recipient from conditioning an 
offer of employment on the results of a medical examination conducted 
prior to the employee's entrance on duty provided that all entering 
employees are

[[Page 78]]

subjected to the examination regardless of handicap or absence of 
handicap and results of the examination are used only in accordance with 
the requirements of this subpart.
    (d) Information obtained in accordance with this section concerning 
the medical condition or history of the applicant shall be collected and 
maintained on separate forms that are to be accorded confidentiality as 
medical records, except that:
    (1) Supervisors and managers may be informed of restrictions on the 
work or duties of handicapped persons and of necessary accommodations;
    (2) First aid and safety personnel may be informed, where 
appropriate, if the condition might require emergency treatment; and
    (3) Government officials investigating compliance with section 504 
of the Rehabilitation Act of 1973, as amended, shall be provided 
relevant information upon request.



Sec. 101-8.309  Program accessibility.

    (a) General. No handicapped person shall, because a recipient's 
facilities are inaccessible to or unusable by handicapped persons, be 
denied the benefits of, be excluded from participation in, or be 
subjected to discrimination under any program or activity that receives 
or benefits from Federal assistance from GSA.
    (b) Program accessibility. A recipient shall operate any program or 
activity to which this subpart applies so that the program or activity, 
when viewed in its entirety, is readily accessible to and usable by 
handicapped persons. This paragraph does not require a recipient to make 
each of its existing facilities or every part of a facility accessible 
to and usable by handicapped persons.
    (c) Methods. A recipient may comply with the requirement of 
paragraph (a) of this section through such means as acquisition or 
redesign of equipment, such as telecommunications devices or other 
telephonic devices for the hearing impaired; reassignment of classes or 
other services to alternate sites which have accessible buildings; 
assignment of aides to beneficiaries, such as readers for the blind or 
qualified sign language interpreters for the hearing impaired when 
appropriate; home visits; delivery of health, welfare, or other social 
services at alternate accessible sites; alterations of existing 
facilities and construction of new facilities in conformance with the 
requirements of Sec. 101-8.310; or any other methods that result in 
making its program or activity accessible to handicapped persons. A 
recipient is not required to make structural changes in existing 
facilities where other methods are effective in achieving compliance 
with paragraph (a) of this section. In choosing among available methods 
for meeting the requirement of paragraph (a) of this section, a 
recipient shall give priority to those methods that offer programs and 
activities to handicapped persons in the most integrated setting 
appropriate.
    (d) Small service providers. If a recipient with fewer than 15 
employees finds, after consultation with a handicapped person seeking 
its services, that there is no available method of complying with 
paragraph (a) of this section other than making a significant alteration 
in its existing facilities, the recipient may, as an alternative, refer 
the handicapped person to other providers of those services that are 
accessible at no additional cost to the handicapped person.
    (e) Time period. A recipient shall comply with the requirement of 
paragraph (a) of this section within 60 days of the effective date of 
this subpart, except that where structural changes in facilities are 
necessary, the changes are to be made as expeditiously as possible, but 
in no event later than 3 years after the effective date of this subpart.
    (f) Transition plan. In the event that structural changes to 
facilities are necessary to meet the requirements of paragraph (a) of 
this section, a recipient shall develop, within 6 months of the 
effective date of this subpart, a transition plan setting forth the 
steps necessary to complete the changes. The plan shall be developed 
with the assistance of interested persons, including handicapped persons 
or organizations representing handicapped persons, and the plan must 
meet with the approval of the Director of Civil Rights, GSA. A copy of 
the transition plan shall be

[[Page 79]]

made available for public inspection. At a minimum, the plan shall:
    (1) Identify physical obstacles in the recipient's facilities that 
limit the accessibility to and usability by handicapped persons of its 
program or activity;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
full program accessibility and, if the time period or the transition 
plan is longer than 1 year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the person responsible for implementation of the plan.
    (g) Notice. The recipient shall adopt and implement procedures to 
ensure that interested persons, including persons with impaired vision 
or hearing, can obtain information concerning the existence and location 
of services, activities, and facilities that are accessible to, and 
usable by, handicapped persons.



Sec. 101-8.310  New construction.

    (a) Design and construction. Each facility or part of a facility 
constructed by, on behalf of, or for the use of a recipient shall be 
designed and constructed in a manner that the facility or part of the 
facility is readily accessible to, and usable by, handicapped persons, 
if the construction began after the effective date of this subpart.
    (b) Alteration. Each facility or part of a facility which is altered 
by, on behalf of, or for the use of a recipient after the effective date 
of this subpart in a manner that affects or could affect the usability 
of the facility or part of the facility shall, to the maximum extent 
feasible, be altered in a manner that the altered portion of the 
facility is readily accessible to and usable by handicapped persons.
    (c) GSA Accessibility Standard. Design, construction, or alteration 
of facilities shall be in conformance with the ``GSA Accessibility 
Standard,'' PBS (PCD): DG6, October 14, 1980. A copy of the standard can 
be obtained through the Business Service Centers, General Services 
Administration, National Capital Region, 7th and D Streets, SW., 
Washington, DC 20407 or Regional Business Service Centers, Region 1, 
John W. McCormack, Post Office and Courthouse, Boston, Massachusetts 
02109; Region 2, 26 Federal Plaza, New York, New York 10007; Region 3, 
Ninth and Market Streets, Philadelphia, Pennsylvania 19107; Region 4, 75 
Spring Street, SW., Atlanta, Georgia 30303; Region 5, 230 South 
Dearborn, Chicago, Illinois 60604; Region 6, 1500 East Bannister Road, 
Kansas City, Missouri 64131; Region 7, 819 Taylor Street, Fort Worth, 
Texas 76102; Region 8, Building 41, Denver Federal Center, Denver, 
Colorado 80225; Region 9, 525 Market Street, San Francisco, California 
94105; Region 10, GSA Center, Auburn, Washington 98002.

In cases of practical difficulty, unnecessary hardship, or extreme 
differences, exceptions may be granted from the literal requirements of 
the above-mentioned standard, as defined in Secs. 101-19.604 and 101-
19.605 (``Exceptions'' and ``Waiver or modification of standards''), but 
only when it is clearly evident that equal facilitation and protection 
are thereby secured.



Sec. 101-8.311  Historic preservation programs.

    (a) Definitions. For purposes of this section, the term:
    (1) Historic preservation programs means programs receiving Federal 
financial assistance that has preservation of historic properties as a 
primary purpose.
    (2) Historic properties means those properties that are listed or 
eligible for listing in the National Register of Historic Places.
    (3) Substantial impairment means a permanent alteration that results 
in a significant loss of the integrity of finished materials, design 
quality or special character.
    (b) Obligation--(1) Program accessibility. In the case of historic 
preservation programs, program accessibility means that, when viewed in 
its entirety, a program is readily accessible to and usable by 
handicapped persons.

This paragraph does not necessarily require a recipient to make each of 
its existing historic properties or every part of an historic property 
accessible to and usable by handicapped persons.

[[Page 80]]

Methods of achieving program accessibility include:
    (i) Making physical alterations which enable handicapped persons to 
have access to otherwise inaccessible areas or features of historic 
properties;
    (ii) Using audio-visual materials and devices to depict otherwise 
inaccessible areas or features of historic properties;
    (iii) Assigning persons to guide handicapped persons into or through 
otherwise inaccessible portions of historic properties;
    (iv) Adopting other innovative methods to achieve program 
accessibility.

Because the primary benefit of an historic preservation program is the 
experience of the historic property itself, in taking steps to achieve 
program accessibility, recipients shall give priority to those means 
which make the historic property, or portions thereof, physically 
accessible to handicapped individuals.
    (2) Waiver of accessibility standards. Where program accessibility 
cannot be achieved without causing a substantial impairment of 
significant historic features, the Administrator may grant a waiver of 
the program accessibility requirement. In determining whether program 
accessibility can be achieved without causing a substantial impairment, 
the Administrator shall consider the following factors:
    (i) Scale of property, reflecting its ability to absorb alterations;
    (ii) Use of the property, whether primarily for public or private 
purpose;
    (iii) Importance of the historic features of the property to the 
conduct of the program; and
    (iv) Cost of alterations in comparison to the increase in 
accessibility.

The Administrator shall periodically review any waiver granted under 
this section and may withdraw it if technological advances or other 
changes so warrant.
    (c) Advisory Council comments. Where the property is federally owned 
or where Federal funds may be used for alterations, the comments of the 
Advisory Council on Historic Preservation shall be obtained when 
required by section 106 of the National Historic Preservation Act of 
1966, as amended (16 U.S.C. 470), and 36 CFR part 800, prior to 
effectuation of structural alterations.



Sec. 101-8.312  Procedures.

    The procedural provisions of title VI of the Civil Rights Act of 
1964 are adopted and stated in Secs. 101-6.205-101-6.215 and apply to 
this subpart. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).)



Sec. 101-8.313  Self-evaluation.

    (a) Procedures. Each recipient shall, within one year of the 
effective date of this part:
    (1) Whenever possible, evaluate, with the assistance of interested 
persons, including handicapped persons or organizations representing 
handicapped persons, its current policies and practices and the effects 
thereof that do not or may not meet the requirements of this part;
    (2) Modify any policies and practices which do not or may not meet 
the requirements of this part; and
    (3) Take appropriate remedial steps to eliminate the effects of 
discrimination which resulted or may have resulted from adherence to 
these questionable policies and practices.
    (b) Availability of self-evaluation and related materials. 
Recipients shall maintain on file, for at least three years following 
its completion, the evaluation required under paragraph (a) of this 
section, and shall provide to the Director, upon request, a description 
of any modifications made under paragraph (a)(2) of this section and of 
any remedial steps taken under paragraph (a)(3) of this section.

Subparts 101-8.4--101-8.6  [Reserved]



     Subpart 101-8.7--Discrimination Prohibited on the Basis of Age

    Authority: 42 U.S.C. 6101 et seq.

    Source: 50 FR 23412, June 4, 1985, unless otherwise noted.



Sec. 101-8.700  Purpose of the Age Discrimination Act of 1975.

    The Age Discrimination Act of 1975, as amended, prohibits 
discrimination

[[Page 81]]

on the basis of age in programs or activities receiving Federal 
financial assistance.



Sec. 101-8.701  Scope of General Services Administration's age discrimination regulation.

    This regulation sets out General Services Administration's (GSA) 
policies and procedures under the Age Discrimination Act of 1975, as 
amended, in accordance with 45 CFR part 90. The Act and the Federal 
regulation permits Federal financial assistance programs and activities 
to continue to use certain age distinctions and factors other than age 
which meet the requirements of the Act and its implementing regulations.



Sec. 101-8.702  Applicability.

    (a) The regulation applies to each GSA recipient and to each program 
or activity operated by the recipient that benefits from GSA Federal 
financial assistance.
    (b) The regulations does not apply to:
    (1) An age distinction contained in that part of Federal, State, 
local statute or ordinance adopted by an elected, general purpose 
legislative body that:
    (i) Provides any benefits or assistance to persons based on age;
    (ii) Establishes criteria for participation in age-related terms; or
    (iii) Describes intended beneficiaries or target groups in age-
related terms.
    (2) Any employment practice of any employer, employment agency, 
labor organization or any labor-management apprenticeship training 
program, except for any program or activity receiving Federal financial 
assistance for public service employment under the Comprehensive 
Employment and Training Act (CETA) (29 U.S.C. 801 et seq.).



Sec. 101-8.703  Definitions of terms.

    (a) As used in these regulations, the term: Act means the Age 
Discrimination Act of 1975, as amended (title III of Pub. L. 94-135).
    (b) Action means any act, activity, policy, rule, standard, or 
method of administration.
    (c) Age means how old a person is, or the number of years from the 
date of a person's birth.
    (d) Age distinction means any action using age or an age-related 
term.
    (e) Age-related term means a word or words that imply a particular 
age or range or ages (for example, children, adult, older person, but 
not student).
    (f) Agency means a Federal department or agency empowered to extend 
Federal financial assistance.
    (g) Agency Responsible Officials:
    (1) Administrator means the Administrator of General Services.
    (2) Director, Office of Civil Rights means the individual 
responsible for managing the agency's nondiscrimination Federal 
financial assistance program, or his or her designee.
    (h) Federal financial assistance means (1) grants and loans of 
Federal funds, (2) the grant or donation of Federal property and 
interests in property, (3) the services of Federal personnel, (4) the 
sale and lease of, and the permission to use (on other than a casual or 
transient basis), Federal property or any interest in such property 
without consideration or at a nominal consideration, or at a 
consideration which is reduced for the purposes of assisting the 
recipient, or in recognition of the public interest to be served by such 
sale or lease to the recipient, and (5) any Federal agreement, 
arrangement, or other contract which has as one of its purposes the 
provision of assistance.
    (i) GSA means the United States General Services Administration.
    (j) Primary recipient means any recipient which is authorized or 
required to extend Federal financial assistance to another recipient for 
the purpose of carrying out a program.
    (k) Recipient means any State, political subdivision of any State, 
or instrumentality of any State or political subdivision, any public or 
private agency, institution, or organization, or any other entity, or 
any individual, in any State, to whom Federal financial assistance is 
extended, directly or through another recipient, for any program, 
including any successor, assign, or transferee thereof, but such term 
does not include any ultimate beneficiary under any such program.

[[Page 82]]



Sec. 101-8.704  Rules against age discrimination.

    The rules stated in this section are limited by the exceptions 
contained in Sec. 101-8.706 of this regulation
    (a) General rule. No person in the United States may on the basis of 
age, be excluded from participation, be denied the benefits of, or be 
subjected to discrimination under any program or activity receiving 
Federal financial assistance from GSA.
    (b) Specific rules. A recipient may not, in any program or activity 
receiving Federal financial assistance, directly or through contractual 
licensing, or other arrangement, use age distinctions or take any other 
actions that have the effect on the basis of age, of:
    (1) Excluding individuals from participating in, denying them the 
benefits of, or subjecting them to discrimination under a program or 
activity receiving Federal financial assistance; or
    (2) Denying or limiting individual opportunity to participate in any 
program or activity receiving Federal financial assistance.
    (c) The forms of age discrimination listed in paragraph (b) of this 
section are not necessarily a complete list.



Sec. 101-8.705  Definition of normal operation and statutory objective.

    The terms normal operation and statutory objective are defined as 
follows:
    (a) Normal operation means the operation of a program or activity 
without significant changes that would inhibit meeting objectives.
    (b) Statutory objective means any purpose of a program or activity 
expressly stated in any Federal, State, or local statute or ordinance 
adopted by an elected, general purpose legislative body.



Sec. 101-8.706  Exceptions to the rules against age discrimination.



Sec. 101-8.706-1  Normal operation or statutory objective of any program or activity.

    A recipient is permitted to take an action, otherwise prohibited, if 
the action reasonably takes into account age as a factor necessary to 
the normal operation or achievement of any statutory objective of a 
program or activity. An action reasonably takes into account age as a 
factor if:
    (a) Age is used as a measure or approximation of one or more other 
characteristics; and
    (b) The other characteristic must be measured or approximated for 
the normal operation of the program or activity to continue, or to 
achieve any statutory objective of the program or activity; and
    (c) The other characteristic can be reasonably measured or 
approximated by the use of age; and
    (d) The other characteristic is impractical to measure directly on 
an individual basis.



Sec. 101-8.706-2  Reasonable factors other than age.

    (a) A recipient is permitted to take an action, otherwise prohibited 
by Sec. 101-8.706-1, which is based on something other than age, even 
though the action may have a disproportionate effect on persons of 
different ages.
    (b) An action may be based on a factor other than age only if the 
factor bears a direct and substantial correlation to the normal 
operation of the program or activity or to the achievement of a 
statutory objective.



Sec. 101-8.707  Burden of proof.

    The burden of proving that an age distinction or other action falls 
within the exceptions outlined in Sec. 101-8.706 is the recipient's.



Sec. 101-8.708  Affirmative action by recipient.

    Even in the absence of a finding of age discrimination, a recipient 
may take affirmative action to overcome the effects resulting in limited 
participation in the recipient's program or activity.



Sec. 101-8.709  Special benefits for children and the elderly.

    If a recipient's program provides special benefits to the elderly or 
to children, such use of age distinctions is presumed to be necessary to 
the normal operation of the program, notwithstanding the provisions of 
Sec. 101-8.705.

[[Page 83]]



Sec. 101-8.710  Age distinctions contained in General Services Administration regulation.

    Any age distinctions contained in a rule or regulation issued by GSA 
are presumed to be necessary to the achievement of a statutory objective 
of the program to which the rule or regulation applies. The GSA 
regulation 41 CFR 101-44.207(a) (3) through (27), describes specific 
Federal financial assistance programs which provide assistance to all 
age groups. However, the ``Child Care Center'' program servicing 
children through age 14, and ``Programs for Older Individuals'', are the 
only two programs where age distinctions are provided.



Sec. 101-8.711  General responsibilities.

    Each recipient of Federal financial assistance from GSA is 
responsible for ensuring that its programs and activities comply with 
the Act and this regulation and must take steps to eliminate violations 
of the Act. A recipient is also responsible for maintaining records, 
providing information, and affording GSA access to its records to the 
extent GSA finds necessary to determine whether the recipient is 
complying with the Act and this regulation.



Sec. 101-8.712  Notice to subrecipients and beneficiaries.

    (a) If a primary recipient passes on Federal financial assistance 
from GSA to subrecipients, the primary recipient provides to 
subrecipients, written notice of their obligations under the Act and 
this regulation.
    (b) Each recipient makes necessary information about the Act and 
this regulation available to its program beneficiaries to inform them 
about the protections against discrimination provided by the Act and 
this regulation.



Sec. 101-8.713  Assurance of compliance and recipient assessment of age distinctions.

    (a) Each recipient of Federal financial assistance from GSA signs a 
written assurance as specified by GSA that it intends to comply with the 
Act and this regulation.
    (b) Recipient assessment of age distinctions.
    (1) As part of a compliance review under Sec. 101-8.715 or complaint 
investigation under Sec. 101.8.718, GSA may require a recipient 
employing the equivalent of 15 or more employees to complete a written 
self-evaluation of any age distinction imposed in its program or 
activity receiving Federal financial assistance from GSA to assess the 
recipient's compliance with the Act.
    (2) If an assessment indicates a violation of the Act and the GSA 
regulation, the recipient takes corrective action.



Sec. 101-8.714  Information requirements.

    Each recipient must:
    (a) Keep records in a form and containing information that GSA 
determines necessary to ensure that the recipient is complying with the 
Act and this regulation.
    (b) Provide to GSA upon request, information and reports that GSA 
determines necessary to find out whether the recipient is complying with 
the Act and this regulation.
    (c) Permit reasonable access by GSA to books, records, accounts, 
facilities, and other sources of information to the extent GSA finds it 
necessary to find out whether the recipient is complying with the Act 
and this regulation. GSA adopts HHS policy regarding the kinds of data 
and information recipients are expected to keep (45 CFR 90.34). This 
policy is parallel to compliance information sections in the title VI, 
title IX, and section 504 implementation regulations. While recognizing 
the need for enough data to assess recipient compliance, GSA is 
committed to lessening the data gathering burden on recipients. GSA 
further recognizes that there is no established body of knowledge or 
experience to guide the assessment of age discrimination. This 
regulation, therefore, does not impose specific data requirements upon 
recipients, rather, it allows GSA to be flexible in deciding what kinds 
of data should be kept by recipients, based on what kinds of data prove 
useful as GSA gains experience with the Age Discrimination Act, and age 
discrimination issues become clearer.
    (d) In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 
59-511),

[[Page 84]]

the reporting and record keeping provisions included in this regulation 
will be submitted, for approval, to the Office of Management and Budget 
(OMB). No data collection or record keeping requirement will be imposed 
on recipients or donees without the required OMB approval number.



Sec. 101-8.715  Compliance reviews.

    (a) GSA may conduct compliance reviews and use similar procedures to 
investigate and correct violations of the Act and this regulation. GSA 
may conduct the reviews even in the absence of a complaint against a 
recipient. The reviews may be as comprehensive as necessary to determine 
whether a violation of the Act and this regulation has occurred.
    (b) If a compliance review indicates a violation of the Act or this 
regulation, GSA attempts to achieve voluntary compliance with the Act. 
If compliance cannot be achieved, GSA arranges for enforcement as 
described in Sec. 101-8.720.



Sec. 101-8.716  Complaints.

    (a) Any person, individually or as a member of a class (defined at 
Sec. 101-8.703(e)) or on behalf of others, may file a complaint with GSA 
alleging discrimination prohibited by the Act or this regulation based 
on an action occurring after July 1, 1979. A complainant must file a 
complaint within 80 days from the date the complainant first has 
knowledge of the alleged act of discrimination. However, for good cause 
shown, GSA may extend this time limit.
    (b) GSA considers the date a complaint is filed to be the date upon 
which the complaint is sufficient to be processed.
    (c) GSA attempts to facilitate the filing of complaints if possible, 
including taking the following measures:
    (1) Accepting as a sufficient complaint, any written statement that 
identifies the parties involved and the date the complainant first had 
knowledge of the alleged violation, describes the action or practice 
complained of, and is signed by the complainant;
    (2) Freely permitting a complainant to add information to the 
complaint to meet the requirements of a sufficient complaint;
    (3) Notifying the complainant and the recipient (or their 
representative) of their right to contact GSA for information and 
assistance regarding the complaint resolution process.
    (d) GSA returns to the complainant any complaint outside the 
jurisdiction of this regulation, and states the reason(s) why it is 
outside the jurisdiction of the regulation.



Sec. 101-8.717  Mediation.

    (a) GSA promptly refers to the mediation agency designated by the 
Secretary, HHS, all sufficient complaints that:
    (1) Fall within the jurisdiction of the Act and this regulation, 
unless the age distinction complained of is clearly within an exception; 
and
    (2) Contain the information needed for further processing.
    (b) Both the complainant and the recipient must participate in the 
mediation process to the extent necessary to reach an agreement or make 
an informed judgement that an agreement is not possible. Both parties 
need not meet with the mediator at the same time.
    (c) If the complainant and the recipient agree, the mediator will 
prepare a written statement of the agreement and have the complainant 
and the recipient sign it. The mediator must send a copy of the 
agreement to GSA. GSA takes no further action on the complaint unless 
the complainant or the recipient fails to comply with the agreement.
    (d) The mediator must protect the confidentiality of all information 
obtained in the course of the mediation. No mediator may testify in any 
adjudicative proceeding, produce any document, or otherwise disclose any 
information obtained in the course of the mediation process without 
prior approval of the head of the mediation agency.
    (e) The mediation proceeds for a maximum of 60 calendar days after a 
complaint is filed with GSA. Mediation ends if:
    (1) 60 calendar days elapse from the time the complaint is filed; or
    (2) Before the end of the 60 calendar-day period an agreement is 
reached; or

[[Page 85]]

    (3) Before the end of that 60 calendar-day period, the mediator 
finds that an agreement cannot be reached.
    Note: The 60 calendar day period may be extended by the mediator, 
with the concurrence of GSA, for not more than 30 calendar days if the 
mediator determines that agreement is likely to be reached during the 
extension period.
    (f) The mediator must return unresolved complaints to GSA.



Sec. 101-8.718  Investigation.

    (a) Informal investigation. GSA investigates complaints that are 
unresolved after mediation or are reopened because of a violation of a 
mediation agreement. As part of the initial investigation, GSA uses 
informal factfinding methods, including joint or separate discussions 
with the complainant and the recipient, to establish the fact and, if 
possible, settle the complaint on terms that are mutually agreeable to 
the parties. GSA may seek the assistance of any involved State program 
agency. GSA puts any agreement in writing and has it signed by the 
parties and an authorized official designated by the Administrator or 
the Director, Office of Organization and Personnel. The settlement may 
not affect the operation of any other enforcement efforts of GSA, 
including compliance reviews and investigation of other complaints that 
may involve the recipient. The settlement is not a finding of 
discrimination against a recipient.
    (b) Formal investigation. If GSA cannot resolve the complaint 
through informal investigation, it begins to develop formal findings 
through further investigation of the complaint. If the investigation 
indicates a violation of these regulations, GSA attempts to obtain 
voluntary compliance. If GSA cannot obtain voluntary compliance, it 
begins enforcement as described in Sec. 101-8.720.



Sec. 101-8.719  Prohibition against intimidation or retaliation.

    A recipient may not engage in acts of intimidation or retaliation 
against any person who:
    (a) Attempts to assert a right protected by the Act of this 
regulation; or
    (b) Cooperates in any mediation, investigation, hearing, 
conciliation, and enforcement process.



Sec. 101-8.720  Compliance procedure.

    (a) GSA may enforce the Act and these regulations through:
    (1) Termination of a recipient's Federal financial assistance from 
GSA under the program or activity involved where the recipient has 
violated the Act or this regulation. The determination of the 
recipient's violation may be made only after a recipient has had an 
opportunity for a hearing on the record before an administrative law 
judge.
    (2) Any other means authorized by law including, but not limited to:
    (i) Referral to the Department of Justice for proceeding to enforce 
any rights of the United States or obligations of the recipients created 
by the Act or this regulation, or
    (ii) Use of any requirement of or referral to any Federal, State, or 
local government agency that has the effect of correcting a violation of 
the Act or this regulation.
    (b) GSA limits any termination to the particular recipient and 
program or activity or part of such program and activity GSA finds in 
violation of this regulation. GSA does not base any part of a 
termination on a finding with respect to any program or activity of the 
recipient that does not receive Federal financial assistance from GSA.
    (c) GSA takes no action under paragraph (a) until:
    (1) The administrator advises the recipient of its failure to comply 
with the Act and this regulation and determines that voluntary 
compliance cannot be obtained, and
    (2) 30 calendar days elapse after the Administrator sends a written 
report of the grounds of the action to the committees of Congress having 
legislative jurisdiction over the Federal program or activity involved. 
The Administrator files a report if any action is taken under paragraph 
(a) of this section .
    (d) GSA may also defer granting new Federal financial assistance 
from GSA to a recipient when a hearing under Sec. 101-8.721 is 
initiated.
    (1) New Federal financial assistance from GSA includes all 
assistance for which GSA requires an application or

[[Page 86]]

approval, including renewal or continuation of existing activities, or 
authorization of new activities, during the deferral period. New Federal 
financial assistance from GSA does not include assistance approved 
before the beginning of a hearing.
    (2) GSA does not begin a deferral until the recipient receives 
notice of an opportunity for a hearing under Sec. 101-8.721. GSA does 
not continue a deferral for more than 60 calendar days unless a hearing 
begins within that time or the time for beginning the hearing is 
extended by mutual consent of the recipient and the Administrator. GSA 
does not continue a deferral for more than 30 calendar days after the 
close of the hearing, unless the hearing results in a finding against 
the recipient.
    (3) GSA limits any deferral to the particular recipient and program 
or activity or part of such program or activity GSA finds in violation 
of these regulations. GSA does not base any part of a deferral on a 
finding with respect to any program or activity of the recipient which 
does not, and would not, receive Federal financial assistance from GSA.



Sec. 101-8.721  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required, reasonable notice shall be given by registered or certified 
mail, return receipt requested, to the affected applicant or recipient. 
This notice shall advise the applicant or recipient of the action 
proposed to be taken, the specific provision under which the proposed 
action against it is to be taken, and the matters of fact or law 
asserted as the basis for this action; and either fix a date not less 
than 20 days after the date of such notice within which the applicant or 
recipient may request of the responsible GSA official that the matter be 
scheduled for hearing or advise the applicant or recipient that the 
matter in question has been set down for hearing at a stated place and 
time. The time and place so fixed shall be reasonable and shall be 
subject to change for cause. The complainant, if any, shall be advised 
of the time and place of the hearing. An applicant or recipient may 
waive a hearing and submit written information and argument for the 
record. The failure of an applicant or recipient to request a hearing 
for which a data has been set shall be deemed to be a waiver of the 
right to a hearing under section 602 of the Act, and consent to the 
making of a decision on the basis of such information as may be filed as 
the record.
    (b) Time and place of hearing. Hearings shall be held at GSA in 
Washington, D.C., at a time fixed by the Director, Office of Civil 
Rights (OCR), unless he or she determines that the convenience of the 
applicant or recipient or of GSA requires that another place be 
selected. Hearings shall be held before a hearing examiner designated in 
accordance with 5 U.S.C. 3105 and 3344 (section 11 of the Administrative 
Procedure Act).
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and GSA shall have the right to be represented by 
counsel.
    (d) Procedures, evidence, and record. (1) The hearing, decision, and 
any administrative review thereof shall be conducted in conformity with 
sections 5-8 of the Administrative Procedure Act, and in accordance with 
such rules of procedure as are proper (and not inconsistent with this 
section) relating to the conduct of the hearing, giving of notices 
subsequent to those provided for in paragraph (a) of this section, 
taking of testimony, exhibits, arguments and briefs, requests for 
findings, and other related matters. Both GSA and the applicant or 
recipient shall be entitled to introduce all relevent evidence on the 
issues as stated in the notice for hearing or as determined by the 
Officer conducting the hearing at the outset of or during the hearings. 
Any person (other than a Government employee considered to be on 
official business) who, having been invited or requested to appear and 
testify as a witness on the Government's behalf, attends at a time and 
place scheduled for a hearing provided for by this part, may be 
reimbursed for his travel and actual expenses of attendance in an amount 
not to exceed the amount payable under the standardized travel 
regulations to a Government employee traveling on official business.

[[Page 87]]

    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this part, but rules or principles designed to 
assure production of the most credible evidence available and to subject 
testimony to test by cross-examination shall be applied where reasonably 
necessary by the officer conducting the hearing. The hearing officer may 
exclude irrelevant, immaterial, or unduly repetitious evidence. All 
documents and other evidence offered or taken for the record shall be 
open to examination by the parties and opportunity shall be given to 
refute facts and arguments advances on either side of the issues. A 
transcript shall be made of the oral evidence except to the extent the 
substance thereof is stipulated for the record. All decisions shall be 
based upon the hearing record and written findings shall be made.
    (e) Consolidated of Joint Hearings. In cases in which the the same 
or related facts are asserted to constitute non-compliance with this 
regulation with respect to two or more programs to which this part 
applies, or noncompliance with this part, and the regulations of one or 
more other Federal departments or agencies issued under title VI of the 
Act, the responsible GSA official may, by agreement with such other 
departments or agencies where applicable, provide for the conduct of 
consolidated or joint hearings, and for the application to such hearings 
of rules of procedures not inconsistent with this part. Final decisions 
in such cases, insofar as this regulation is concerned, shall be made in 
accordance with Sec. 101-8.722.



Sec. 101-8.722  Decisions and notices.

    (a) Decisions by hearing examiners. After a hearing is held by a 
hearing examiner such hearing examiner shall either make an initial 
decision, if so authorized, or certify the entire record including his 
recommended findings and proposed decision to the Agency designated 
reviewing authority for final decision. A copy of such initial decision 
or certification shall be mailed to the applicant or recipient and to 
the complainant, if any. Where the initial decision referred to in this 
paragraph or in paragraph (c) of this section is made by the hearing 
examiner, the applicant or recipient or the counsel for GSA may, within 
the period provided for in the rules of procedure issued by GSA 
official, file with the reviewing authority exceptions to the initial 
decision, with his or her reasons therefore. Upon the filing of such 
exceptions the reviewing authority shall review the initial decision and 
issue a decision including the reasons therefor. In the absence of 
exceptions the initial decision shall constitute the final decision, 
subject to the provisions of paragraph (e) of this section.
    (b) Decisions on record or review by the reviewing authority. 
Whenever a record is certified to the reviewing authority for decision 
or it reviews the decision of a hearing examiner pursuant to paragraph 
(a) or (c) of this section, the applicant or recipient shall be given 
reasonable opportunity to file with it briefs or other written 
statements of its contentions, and a copy of the final decision of the 
reviewing authority shall be given in writing to the applicant or 
recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 101-8.721(a) the reviewing authority 
shall make its final decision on the record or refer the matter to a 
hearing examiner for an initial decision to be made on the record. A 
copy of such decision shall be given in writing to the applicant or 
recipient, and to the complainant, if any.
    (d) Rulings required. Each decision of a hearing examiner or 
reviewing authority shall set forth a ruling on each findings, 
conclusion, or exception presented, and shall identify the requirement 
or requirements imposed by or pursuant to this part with which it is 
found that the applicant or recipient has failed to comply.
    (e) Review in certain cases by the Administrator. If the 
Administrator has not personally made the final decision referred to in 
paragraph (a), (b), or (c) of this section, a recipient or applicant or 
the counsel for GSA may request the Administrator to review a decision 
of the Reviewing Authority in accordance with rules of procedure issued 
by the responsible GSA official. Such review is not a matter of right 
and shall be granted only where the Administrator

[[Page 88]]

determines there are special and important reasons therefor. The 
Administrator may grant or deny such request, in whole or in part. He or 
she may also review such a decision in accordance with rules of 
procedure issued by the responsible GSA official. In the absence of a 
review under this paragraph, a final decision referred to in paragraphs 
(a), (b), (c) of this section shall become the final decision of GSA 
when the Administrator transmits it as such to Congressional committees 
with the report required under section 602 of the Act. Failure of an 
applicant or recipient to file an exception with the Reviewing Authority 
or to request review under this paragraph shall not be deemed a failure 
to exhaust administrative remedies for the purpose of obtaining judicial 
review.
    (f) Content of orders. The final decision may provide for suspension 
or termination of, or refusal to grant or continue Federal financial 
assistance, in whole or in part, to which this regulation applies, and 
may contain such terms, conditions and other provisions as are 
consistent with and will effectuate the purposes of the Act and this 
regulation, including provisions designed to assure that no Federal 
financial assistance to which this regulation applies will thereafter be 
extended under such law or laws to the applicant or recipient determined 
by such decision to be in default in its performance of an assurance 
given by it pursuant to this regulation, or to have otherwise failed to 
comply with this regulation unless and until it corrects its 
noncompliance and satisfies the responsible GSA official that it will 
fully comply with this regulation.
    (g) Post-termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
this part and provides reasonable assurance that is will fully comply 
with this part.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the responsible GSA official to restore fully its eligibility to 
receive Federal financial assistance. Any such request shall be 
supported by information showing that the applicant or recipient has met 
the requirements of paragraph (g)(1) of this section. If the responsible 
GSA official determines that those requirements have been satisfied, he 
or she shall restore such eligibility.
    (3) If the responsible GSA official denies any such request, the 
applicant or recipient may submit a request for a hearing in writing, 
specifying why it believes such official to have been in error. It shall 
thereupon be given an expeditious hearing, with a decision on the 
record, in accordance with rules of procedure issued by the responsible 
GSA official. The applicant or recipient will be restored to such 
eligibility if it proves at such hearing that it satisfied the 
requirements of paragraph (g)(1) of this section. While proceedings 
under this paragraph are pending, the sanctions imposed by the order 
issued under paragraph (f) of this section shall remain in effect.



Sec. 101-8.723  Remedial action by recipient.

    If GSA finds a recipient discriminated on the basis of age, the 
recipient must take any remedial action that GSA may require to overcome 
the effects of the discrimination. If another recipient exercises 
control over the recipient that discriminated, GSA may require both 
recipients to take remedial action.



Sec. 101-8.724  Exhaustion of administrative remedies.

    (a) A complainant may file a civil action following the exhaustion 
of administrative remedies under the Act. Administrative remedies are 
exhausted if:
    (1) 180 calendar days elapse after the complainant files the 
complaint and GSA makes no finding with regard to the complaint; or
    (2) GSA Issues a finding in favor of the recipient.
    (b) If GSA fails to make a finding within 180 days or issues a 
finding in favor of the recipient, GSA must:
    (1) Promptly advise the complainant of this fact;

[[Page 89]]

    (2) Advise the complainant of his or her right to bring civil action 
for injunctive relief; and
    (3) Inform the complainant:
    (i) That the complainant may bring civil action only in a United 
States district court for the district in which the recipient is located 
or transacts business;
    (ii) That a complainant prevailing in a civil action has the right 
to be awarded the costs of the action, including reasonable attorney's 
fees, but that the complainant must demand these costs in the complaint;
    (iii) That before commencing the action the complainant must give 30 
calendar days notice by registered mail to the Secretary, HHS, The 
Administrator, the Attorney General of the United States, and the 
recipient;
    (iv) That the notice must state the alleged violation of the Act, 
the relief requested, the court in which the complainant is bringing the 
action, and whether or not attorney's fees are demanded in the event the 
complainant prevails; and
    (v) That the complainant may not bring an action if the same alleged 
violation of the Act by the same recipient is the subject of a pending 
action in any court of the United States.



Sec. 101-8.725  Alternate funds disbursal.

    If GSA withholds Federal financial assistance from a recipient under 
this regulation, the Administrator may disburse the assistance to an 
alternate recipient; any public or nonprofit private organization; or 
agency or State or political subdivision of the State. The Administrator 
requires any alternate recipient to demonstrate:
    (a) The ability to comply with this regulation; and
    (b) The ability to achieve the goals of the Federal Statutes 
authorizing the program or activity.



PART 101-9--FEDERAL MAIL MANAGEMENT--Table of Contents




Sec.
101-9.000  Scope of part.

                   Subpart 101-9.1--General Provisions

101-9.101  Authority.
101-9.102  Objective.
101-9.103  Definitions.

                 Subpart 101-9.2--Program Implementation

101-9.201  Agency responsibilities.
101-9.202  Operational cost control functions at the facility level.

                 Subpart 101-9.3--Reporting Requirements

101-9.301  Agency mail manager information.
101-9.302  Agency mail program data.

Subpart 101-9.4--GSA Responsibilities and Services

                     Subpart 101-9.49--Illustrations

101-9.4900  Scope of subpart.
101-9.4901  [Reserved]
101-9.4902  Format for mail profile data.

Subpart 101-9.5--U.S. Postal Service Assistance

    Authority: Sec. 2, Pub. L. 94-575, as amended; 44 U.S.C. 2904; sec. 
205(c), 63 Stat. 390; 40 U.S.C. 486(c).

    Source: 59 FR 62601, Dec. 6, 1994, unless otherwise noted.



Sec. 101-9.000  Scope of part.

    This part sets forth policy for efficient, effective, and economical 
management by Federal agencies of incoming, internal, and outgoing mail.



                   Subpart 101-9.1--General Provisions



Sec. 101-9.101  Authority.

    Section 2 of Public Law 94-575, the Federal Records Management 
Amendments of 1976 (FRMA), as amended, requires the Administrator of 
General Services to provide guidance and assistance to Federal agencies 
on records management, which includes the processing of mail by a 
Federal agency. GSA's responsibility extends to all Federal agencies.



Sec. 101-9.102  Objective.

    The objective of mail management is to ensure rapid handling and 
accurate delivery of mail throughout the agency at minimum cost 
consistent with agency mission requirements.



Sec. 101-9.103  Definitions.

    In part 101-9, the following definitions apply:

[[Page 90]]

    Addressing standards means the rules and regulations governing the 
addressing of mail, developed by the U.S. Postal Service, that enhance 
the processing and delivery of mail, reduce ``undeliverable as 
addressed'' mail, and provide cost reduction opportunities.
    Class of mail means the classes of mail (First-Class, Second-Class, 
Third-Class, Fourth-Class, and Express Mail) established by the U.S. 
Postal Service for U.S. domestic mail.
    Courier means a private delivery company or an individual that works 
for such a company.
    Expedited mail is a generic term used to describe mail to be 
delivered faster than U.S. Postal Service delivery of First, Second, 
Third, and Fourth-Class mail.
    Facility means any location where mail is processed for dispatch.
    Facility mail manager means the persons responsible for mail 
management at a facility.
    Federal agency or agency means any executive department as defined 
in 5 U.S.C. 101, a wholly owned Government corporation as defined in 31 
U.S.C. 9101, any independent establishment in the executive branch as 
defined in 5 U.S.C. 104, any establishment in the legislative or 
judicial branch of the Government (except the Supreme Court, the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under the direction of the Architect of the Capitol).
    Incoming mail means mail coming into the agency delivered by an 
outside source (vendor or agency).
    Internal mail means mail that is transmitted within an agency by 
that agency's mail center staff, including worldwide distribution, and 
is not processed for delivery by the U.S. Postal Service or any private 
company.
    Letter means a message directed to a specific person or address and 
recorded in or on a tangible object. A message consists of any 
information or intelligence which is recorded on tangible objects such 
as paper in sheet and card form, or magnetic media.
    Mail means letters, hard copies of electronic communications, 
memoranda, post and postal cards, documents, drawings, microfiche, 
publications, catalogs and other hard copy communications, as well as 
packages meeting U.S. Postal Service size and weight requirements, for 
distribution or dispatch regardless of the distribution, dispatch, or 
delivery method including messengers and couriers. An item is considered 
mailable if it meets the following requirements set by the U.S. Postal 
Service: a mailable item is an item that will not injure people or 
property, weighs 70 pounds or less, and is not more than 108 inches 
(combined length and girth). Mailability requirements, restrictions, and 
exceptions are found in the U.S. Postal Service's Domestic Mail Manual 
(other mail vendors provide similar written guidance for items sent via 
their delivery services).
    Mail center means a centralized location where mail is processed.
    Mail piece design means preparation of letters, cards, and flats 
consistent with U.S. Postal Service requirements and recommendations.
    Mail preparation means those processes involved in preparing mail 
for dispatch in such a way that it meets U.S. Postal Service 
requirements. These processes include, but are not limited to: sorting, 
barcoding, banding, air control tagging (ACT), designing mail pieces, 
and palletizing.
    Messenger means an agency employee who delivers agency mail.
    Outgoing mail means mail generated from within an agency facility 
that is addressed for delivery outside that facility; i.e., within or 
outside the agency, and is processed for delivery by the U.S. Postal 
Service or a private company.
    Service standard means the dependability (consistency of arrival at 
addressee's location) and timeliness (meets delivery standard 
established for the class of service procured) of mail delivery.
    Special services means services for fees other than postage; e.g., 
registered, certified, insured, business reply mail, merchandise return, 
certificates of mailing, and return receipts.
    Worksharing means presorting, barcoding, or otherwise processing 
outgoing mail in such a way as to qualify for reduced postage rates. 
Agencies may participate in worksharing through contracts with vendors, 
when

[[Page 91]]

authorized by that agency to enter into such contracts, or through in-
house efforts.



                 Subpart 101-9.2--Program Implementation



Sec. 101-9.201  Agency responsibilities.

    The head of each agency, or his or her designee, must designate an 
agency mail manager to be responsible for establishing an agencywide 
mail management program. The agency mail manager must have visibility 
within the agency and be at a managerial level enabling him or her to 
execute an agencywide program. The responsibilities of the agency mail 
manager include:
    (a) Ensuring agencywide awareness and compliance with the mail 
management standards set forth by the U.S. Postal Service in the 
Domestic Mail Manual, the International Mail Manual, the Memo to 
Mailers, and the Postal Bulletin, as well as GSA standards and 
guidelines.
    (b) Negotiating on behalf of the agency with the U.S. Postal Service 
for mail related services and implementing operational procedures for 
services acquired from private delivery vendors and couriers.
    (c) Developing and distributing throughout the agency an agency mail 
cost control program. The agency cost control program must include, in 
addition to written policies regarding actions and procedures necessary 
to provide timely and cost-effective dispatch and delivery of mail, a 
plan for transition to automated mailing procedures, including: 
automated addressing, address list management, and electronic mail. This 
program must include:
    (1) Developing and issuing on an agencywide basis program 
directives, guidance, and policies for timely and cost-effective mail 
management. Copies of program directives, policies, and guidance must be 
available for inspection by GSA. This includes at a minimum:
    (i) Instructing mailers to use expedited mail only when required. 
Mail managers should require that mailers avoid excessive use of 
expedited mail services. Generally, expedited mail should not be used on 
Fridays, weekends, or the day before a holiday. When expedited mail is 
needed on Fridays, weekends, or the day before a holiday, the mail 
manager must coordinate with the mailer to ensure delivery to the 
addressee. For example, if the addressee's building will not be opened 
consider other delivery arrangements. The mail manager must establish 
control procedures including written instructions on cost-effective use 
of expedited mail and must review scheduled expedited mail dispatches to 
determine if expedited service is necessary. If expedited mail is not 
necessary, alternatives to be considered include, but are not limited 
to: First-Class and Priority Mail, from the U.S. Postal Service and 
package delivery services from other vendors, if the agency has the 
authority to contract for or enter into agreements with such vendors and 
in accordance with any existing contracts or agreements for such 
services to which the agency is a party.
    (ii) Maximizing agency cost-effective participation in worksharing 
programs. This includes proper address list management, compliance with 
automation addressing standards, presorting, and barcoding.
    (2) Monitoring through the agency's local mail managers at all mail 
facilities, mailings, and other mail management activities using onsite 
inspections, checklists, or other inspection/review methods.
    (3) Developing and directing agency programs and plans for proper 
use of transportation, equipment, and supply vendors, relative to mail 
management.
    (4) Maintaining records of agencywide volumes (in pieces) and agency 
postage expenditures (in dollars) by class, weight, special services, 
and subclass/rate category of mail. One consolidated report on outgoing 
mail volumes, postage expenditures, and mailable matter dispatched to 
all carriers must be maintained. (Suggested format appears in Sec. 101-
9.4902.)
    (5) Establishing procedures for the review and verification of 
vendor charges including charges contained in the U.S. Postal Service's 
Official Mail Accounting System billings. U.S. Postal Service charges 
and other vendor charges must be reviewed and verified at each facility 
to ensure billing accuracy.

[[Page 92]]

    (6) Ensuring that facility mail managers increase their knowledge 
and skills in mail management on a continuing basis. Training sources 
include, but are not limited to: U.S. Postal Forums, Postal Customer 
Council meetings, and training offered by the GSA Interagency Training 
Center.



Sec. 101-9.202  Operational cost control functions at the facility level.

    The following operations and procedures are applicable to all 
Federal mail centers, facilities, and offices that generate and process 
mail. Each facility must designate a mail manager. The facility mail 
manager is responsible for:
    (a) Reviewing, on a continuing basis, facility mail practices and 
procedures to identify opportunities for improvement and simplification.
    (b) Providing centralized control at each facility of all mail 
processing activities including regularly scheduled and specialized mail 
messenger services, equipment, and personnel.
    (c) Providing training which:
    (1) Informs all levels of facility personnel on cost-effective 
mailing practices for incoming, internal, and outgoing mail.
    (2) Includes supplemental guidance and instruction in a format 
designed for easy reference, revision, and use by persons processing 
incoming, internal, and outgoing mail or using mail messenger 
operations. Such information must be distributed to all persons 
processing mail and users of mail messenger services.
    (d) Establishes a policy of and procedures for participation in the 
Cooperative Administrative Support Unit (CASU) program where applicable 
and when cost-effective. A CASU can typically provide pickup, sorting, 
and dispatch of mail through a CASU-managed mail center.
    (e) Where authorized, contracting for worksharing programs when mail 
volumes or lack of resources for proper mail preparation; e.g., 
presorting and barcoding, make contracting for worksharing the cost-
effective choice. Any solicitation for contracting for a mail center 
must require the contractor to comply with operational procedures of the 
agency mail cost control program.
    (f) Conducting discussions with local U.S. Postal Service for mail 
related services and implementing operational procedures for services 
acquired from mail delivery vendors or couriers.
    (g) Processing mail by class with expedited mail, First-Class, and 
Priority Mail being processed before lower classes of mail.
    (h) Attempting to deliver mail to the action office (the office 
responsible for taking action on the mail once it is received) within 6 
hours after it is received by the agency from the carrier. Every attempt 
should be made to deliver mail to the address or addressee's office; 
however, incoming bulk business rate mail addressed to an individual may 
be discarded if the facility cannot readily ascertain the name or 
whereabouts of the addressee. Incoming First-Class mail that cannot be 
delivered must be returned to the sender, per the U.S. Postal Service's 
Domestic Mail Manual.
    (i) Reporting unauthorized use of agency postage including penalty 
or commercial mail stamps, meter impressions, or other postage indicia 
immediately upon discovery to the agency Inspector General or internal 
security office, as appropriate.
    (j) Reporting mail center deviations from the agency's occupational, 
safety and health program, in accordance with 29 CFR part 1960 and 29 
CFR part 1910.
    (k) Establishing and implementing procedures to ensure that mail 
complies with U.S. Postal Service addressing standards which include 
automated and electronically generated mailing addresses in order to 
eliminate as many handwritten addresses as possible. Compliance includes 
ensuring machine readability, proper formatting, use of directionals (N. 
Main St., 4th St., NW, etc.), and accurate mail preparation for the 
various classes and discount rates and/or for the best possible delivery 
service. The U.S. Postal Service publications (Domestic Mail Manual, 
International Mail Manual, Memo to Mailers, and the Postal Bulletins) 
contain all U.S. Postal Service regulations for proper mail preparation 
and dispatch, and must be utilized

[[Page 93]]

at each location where outgoing mail is processed.
    (l) Establishing and reviewing annually in conjunction with the 
agency security office, a mail security program to ensure appropriate 
security requirements while not creating undue delay in mail processing. 
The mail security program must, at a minimum, detail policy and 
procedures for safe and secure facility operations and for the safe 
transportation and processing of mail.
    (m) Reviewing, prior to the creation of the pieces to be dispatched, 
all mailings which will (i) consist of 200 or more pieces, or (ii) weigh 
50 or more pounds, including mail to be dispatched on behalf of the 
agency by a third party, for example, the Government Printing Office, to 
ensure that the agency's needs are met at the lowest possible cost. Mail 
managers will coordinate with agency printing specialists about the 
mailing portion of contracted printing jobs prior to entering into a 
printing agreement.
    (n) Establishing and publishing the facility's mail delivery and 
pickup times, based on need for service, established through the study 
of mail volumes and service requirements. The facility mail manager's 
goal is to provide service to the facility at the lowest possible cost. 
Consistency in mail pickup and delivery can help achieve the goal.
    (o) Maintaining close liaison with agency correspondence managers 
and providing guidance on correspondence management decisions such as 
the development and design of mailing materials including: Business 
Reply Mail, letterhead, mailing labels, and envelope design.
    (p) Notifying facility personnel that personal incoming, internal, 
and outgoing mail may not be processed in agency facilities. An 
exception may be granted at a facility for personnel living on the 
facility, personnel stationed outside the United States, or other 
situations where agency/facility personnel would otherwise suffer 
hardship.



                 Subpart 101-9.3--Reporting Requirements



Sec. 101-9.301  Agency mail manager information.

    Agencies will provide GSA with the name, title, mailing address, 
voice and fax telephone number (if applicable) of the designated agency 
mail manager (see Sec. 101-9.201), and must update the information as 
necessary. This information will be submitted to GSA as follows: General 
Services Administration, Attn: Mail Management Branch (FBXM), Room 815, 
Washington, DC 20406-0001.



Sec. 101-9.302  Agency mail program data.

    (a) Agencies will maintain data, on mail volumes and postage 
expenditures. This data will conform with the requirements of Sec. 101-
9.201(c)(4) of this part. Maintaining this information is critical for 
agencies to accurately manage their mail programs and to gauge the 
impacts of rates and classification changes.
    (b) Agencies are encouraged to submit narratives, at the end of each 
fiscal year, on cost savings achieved through more efficient mail 
management, especially worksharing efforts. The narratives should 
highlight specific cost savings achieved as a result of mail 
consolidation, presorting, barcoding, use of a more cost-effective class 
of mail, etc. In addition, the narrative should specify whether 
discounts in mail presorting and barcoding are gained through contracts 
with vendors or through in-house worksharing efforts. Submit narratives 
to the GSA address in Sec. 101-9.301.



           Subpart 101-9.4--GSA Responsibilities and Services

    GSA provides agency support in the following areas: arranging for 
extensions of service from the U.S. Postal Service (i.e., enhancements 
of services based on specialized requirements as defined by the Domestic 
Mail Manual); establishing liaisons with U.S. Postal Service at the 
national level; providing

[[Page 94]]

support in developing procedures with mail delivery vendors; providing 
assistance in developing and implementing worksharing programs; 
providing assistance in developing policy and guidance in mail 
management and mail operations; providing onsite assistance visits; 
assisting with mail center layout and design specifications; and 
providing training in mail program management and effective mail 
operations.



             Subpart 101-9.5--U.S. Postal Service Assistance

    The U.S. Postal Service provides agency support in the following 
areas: supplies required for mail processing such as bags, tags, trays, 
hampers, priority envelopes, etc.; guidance on mail processing through 
national account representatives and other U.S. Postal Service personnel 
assigned to assist customers; training such as Postal Customer Councils 
and U.S. Postal Forums; and brochures, booklets, pamphlets, video tapes, 
posters, and other published materials on mail processing, mail classes, 
discount procedures, and current rate structure.



                     Subpart 101-9.49--Illustrations



Sec. 101-9.4900  Scope of subpart.

    This subpart contains illustrations suggested for use in connection 
with the subject matter covered in Part 101-9.



Sec. 101.9-4901  [Reserved]



Sec. 101-9.4902  Format for mail profile data.

[[Page 95]]

[GRAPHIC] [TIFF OMITTED] TR06DE94.023


[[Page 96]]





                        SUBCHAPTER B  [RESERVED]





                     SUBCHAPTER C--DEFENSE MATERIALS




                    PARTS 101-14--101-15  [RESERVED]



                SUBCHAPTER D--PUBLIC BUILDINGS AND SPACE



                         PART 101-16  [RESERVED]



PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE--Table of Contents




    Authority: 40 U.S.C. 285, 304c, 601 et seq., 490 note; E.O. 12072, 
43 FR 36869, 3 CFR, 1978 Comp., p. 213.

    Source: 66 FR 5358, Jan. 18, 2001, unless otherwise noted.



Sec. 101-17.0  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).

    For information on assignment and utilization of space, see FMR part 
102-79 (41 CFR part 102-79).



PART 101-18--ACQUISITION OF REAL PROPERTY--Table of Contents




Sec.
101-18.000  Scope of part.
101-18.001  Authority.

                 Subpart 101-18.1--Acquisition by Lease

101-18.100  Basic policy.
101-18.101  Acquisition by GSA.
101-18.102  Acquisition by other agencies.
101-18.103  Agency cooperation.
101-18.104  Delegation of leasing authority.
101-18.104-1  Limitations on the use of delegated authority.
101-18.104-2  Categorical space delegations.
101-18.104-3  Agency special purpose space delegations.
101-18.105  Contingent fees and related procedure.
101-18.106  Application of socioeconomic considerations.

        Subpart 101-18.2--Acquisition by Purchase or Condemnation

101-18.200  Purpose.
101-18.201  Basic acquisition policy.
101-18.202  Expenses incidental to transfer.
101-18.203  Litigation expenses.

Subpart 101-18.3  [Reserved]

    Authority: Sec. 1-201(b), E.O. 12072, 43 FR 36869, 3 CFR, 1978 
Comp., p. 213.

    Source: 39 FR 23202, June 27, 1974, unless otherwise noted.



Sec. 101-18.000  Scope of part.

    (a) This part prescribes policies and procedures governing 
acquisition of interests in real property.
    (b) For more information on the acquisition of real property, see 41 
CFR parts 102-71 through 102-82. To the extent that any policy 
statements in this part are inconsistent with the policy statements in 
41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR 
parts 102-71 through 102-82 are controlling.

[58 FR 40592, July 29, 1993, as amended at 66 FR 5358, Jan. 18, 2001]



Sec. 101-18.001  Authority.

    This part implements applicable provisions of the Federal Property 
and Administrative Services Act of 1949, as amended, 63 Stat. 377 (40 
U.S.C. 471 et seq.); the Act of August 27, 1935, as amended, 49 Stat. 
886 (40 U.S.C. 304c); the Public Buildings Act of 1959, as amended, Pub. 
L. 86-249, 73 Stat. 479 (40 U.S.C. 601-615); the Public Buildings 
Cooperative Use Act of 1976, Pub. L. 94-541, 90 Stat. 2505; the Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970, Pub. L. 91-646, 84 Stat. 1894; the Federal Urban Land-Use Act, 
Pub. L. 90-577, 82 Stat. 1104 (40 U.S.C. 531-535); the Rural Development 
Act of 1972, as amended, Pub. L. 92-419, 86 Stat. 657 (42 U.S.C. 3122); 
the Fair Housing Act, as amended, Pub. L. 90-284, 82 Stat. 81 (42 U.S.C. 
3601 et seq.); Reorganization Plan No. 18 of 1950, 15 FR 3177, 64 Stat. 
1270 (40 U.S.C. 490 note); Executive Order 12072, 43 FR 36869 (40 U.S.C. 
490 note); and OMB Circular A-95 (41 FR 2052).

[58 FR 40592, July 29, 1993]

[[Page 97]]



                 Subpart 101-18.1  Acquisition by Lease

    Source: 58 FR 40592, July 29, 1993, unless otherwise noted.



Sec. 101-18.100  Basic policy.

    (a) GSA will lease privately owned land and building space only when 
needs cannot be satisfactorily met in Government-controlled space and:
    (1) Leasing proves to be more advantageous than the construction of 
a new or alteration of an existing Federal building;
    (2) New construction or alteration is not warranted because 
requirements in the community are insufficient or indefinite in scope or 
duration; or
    (3) Completion of a new building within a reasonable time cannot be 
ensured.
    (b) 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.
    (c) 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.
    (d) 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 available locations meeting minimum 
Government requirements.
    (e) When acquiring space by lease, the provisions of Sec. 101-17.205 
regarding determination of the location of Federal facilities shall be 
strictly adhered to.
    (f) 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 shall be strictly 
adhered to.



Sec. 101-18.101  Acquisition by GSA.

    (a) GSA will perform all functions of leasing building space, and 
land incidental thereto, for Federal agencies except as provided in this 
subpart.
    (b) Officials or employees of agencies for which GSA will acquire 
leased space shall at no time, before or after a space request is 
submitted to GSA or after a lease agreement is made, directly or 
indirectly contact lessors, offerors, or potential offerors for the 
purpose of making oral or written representation or commitments or 
agreements with respect to the terms of occupancy of particular space, 
tenant improvements, alterations and repairs, or payment for overtime 
services, unless authorized by the Director of the Real Estate Division 
in the responsible GSA regional office or facility support center.



Sec. 101-18.102  Acquisition by other agencies.

    (a) Acquisitions of leased space by agencies possessing independent 
statutory authority to acquire such space are not subject to GSA 
approval or authority.
    (b) Upon request, GSA will perform, on a reimbursable basis, all 
functions of leasing building space, and land incidental thereto, for 
Federal agencies possessing independent leasing authority.
    (c) GSA reserves the right to accept or reject reimbursable leasing 
service requests on a case-by-case basis.



Sec. 101-18.103  Agency cooperation.

    The heads of executive agencies shall:
    (a) Cooperate with and assist the Administrator of General Services 
in carrying out his responsibilities respecting office buildings and 
space;
    (b) Take measures to give GSA early notice of new or changing space 
requirements;
    (c) Seek to economize their requirements for space; and
    (d) Continuously review their needs for space in and near the 
District of Columbia, taking into account the feasibility of 
decentralizing services or activities which can be carried on elsewhere 
without excessive costs or significant loss of efficiency.



Sec. 101-18.104  Delegation of leasing authority.

    (a) Agencies are authorized to perform for themselves all functions 
with

[[Page 98]]

respect to the acquisition of leased space in buildings and land 
incidental thereto when the following conditions are met:
    (1) The space may be leased for no rental, or for a nominal 
consideration of $1.00 per annum, and shall be limited to terms not to 
exceed one (1) year;
    (2) Authority has been requested by an executive agency and a 
specific delegation has been granted by the Administrator of General 
Services;
    (3) A categorical delegation has been granted by the Administrator 
of General Services for space to accommodate particular types of agency 
activities, such as military recruiting offices or space for certain 
county level agricultural activities. A listing of categorical 
delegations is found at Sec. 101-18.104-2; or
    (4) The required space is found by the Administrator of General 
Services to be wholly or predominantly utilized for the special purposes 
of the agency to occupy such space and is not generally suitable for use 
by other agencies. Prior approval of GSA shall be obtained before an 
agency initiates a leasing action involving 2,500 or more square feet of 
such special purpose space. The request for approval and a Standard Form 
81 shall be filed with the GSA regional office having jurisdiction in 
the area of the proposed leasing action as shown in Sec. 101-17.4801. 
GSA's approval shall be based upon a finding that there is no vacant 
Government-owned or leased space available that will meet the agency's 
requirements.
    A listing of agency special purpose space delegations is found at 
Sec. 101-18.104-3.
    (b) The Departments of Agriculture, Commerce, and Defense may lease 
their own building space, and land incidental to its use, and provide 
for its operation, maintenance, and custody when the space is situated 
outside an urban center. Such leases shall be for terms not to exceed 
five (5) years. A list of urban centers follows.

                          List of Urban Centers

Aberdeen, SD:
    Brown County.
Abil:
    Jones County.
    Taylor County.
Akron, OH:
    Portage County.
    Summit County.
Alaska:
    The entire State.
Albany, GA:
    Dougherty County.
Albany, IL:
    Whiteside County.
Albany, OR:
    Linn County.
Albany-Schenectady-Troy, NY:
    Albany County.
    Rensselaer County.
    Saratoga County.
    Schenectady County.
Albuquerque, NM:
    Bernalillo County.
Alexandria, LA:
    Rapides Parish.
Allentown-Bethlehem-Easton, PA-NJ:
    Lehigh County, PA.
    Northampton County, PA.
    Warren, NJ.
Altoona, PA:
    Blair County.
Amarillo, TX:
    Potter County.
    Randall County.
Anaheim-Santa Ana-Garden Grove, CA:
    Orange County.
Ann Arbor, MI:
    Washtenaw County.
Asheville, NC:
    Buncombe County.
Athens, GA:
    Clarke County.
Atlanta, GA:
    Clayton County.
    Cobb County.
    De Kalb County.
    Fulton County.
    Gwinnett County.
Atlantic City, NJ:
    Atlantic County.
Augusta, GA-SC:
    Richmond County, GA.
    Aiken County, SC.
Augusta, ME:
    Kennebec County.
Austin, TX:
    Travis County.
Bakersfield, CA:
    Kern County.
Baltimore, MD:
    Baltimore City.
    Anne Arundel County.
    Baltimore County.
    Carroll County.
    Howard County.
Baton Rough, LA:
    East Baton Rouge Parish.
Battle Creek, MI:
    Calhoun County.
Bay City, MI:
    Bay County.
Beaumont-Port Arthur, TX:
    Jefferson County.

[[Page 99]]

    Orange County.
Billings, MT:
    Yellowstone County.
Binghampton, NY-PA:
    Broome County, NY.
    Tioga County, NY.
    Susquehanna County, PA.
Birmingham, AL:
    Jefferson County.
Bismarck, ND:
    Burleigh County.
Boise, ID:
    Ada County.
Boston, MA:
    Essex County.
    Middlesex County.
    Norfolk County.
    Plymouth County.
    Suffolk County.
Bridgeport, CT:
    Fairfield County.
    New Haven County.
Brockton, MA:
    Bristol County.
    Norfolk County.
    Plymouth County.
Brownsville-Harlingen-San Benito, TX:
    Cameron County.
Buffalo, NY:
    Erie County.
    Niagara County.
Burlington, VT:
    Chittenden County.
Butte, MT:
    Silver Bow County.
Calexico-El Centro, CA:
    Imperial County.
Canton, OH:
    Stark County.
Casper, WY:
    Narrona County.
Cedar Rapids, IA:
    Linn County.
Champaign-Urbana, IL:
    Champaign County.
Charleston, SC:
    Berkeley County.
    Charleston, County.
Charleston, WV:
    Kanawha County.
Charlotte, NC:
    Mecklenburg County.
    Union County.
Charlottesville, VA:
    Charlottesville City.
    Albemarle County.
Chattanooga, TN-GA:
    Hamilton County, TN.
    Walker County, GA.
Cheyenne, WY:
    Laramie County.
Chicago, IL:
    Cook County.
    Du Page County.
    Kane County.
    Lake County.
    McHenry County.
    Will County.
Cincinnati, OH-KY-IN:
    Clermont County, OH.
    Hamilton County, OH.
    Warren County, OH.
    Boone County, KY.
    Campbell County, KY.
    Kenton County, KY.
    Dearborn County, IN.
Cleveland, OH:
    Cuyahoga County.
    Geauga County.
    Lake County.
    Medina County.
Clinton, OK:
    Custer County.
Cody, WY:
    Park County.
Colorado Springs, CO:
    El Paso County.
Columbia, MO:
    Boone County.
Columbia, SC:
    Lexington County.
    Richland County.
Columbus, GA-AL:
    Chattahoochee County, GA.
    Muscogee County, GA.
    Russell County, AL.
Columbus, OH:
    Delaware County.
    Franklin County.
    Pickaway County.
Concord, NH:
    Merrimack County.
Corpus Christi, TX:
    Nueces County.
Dallas, TX:
    Collin County.
    Dallas County.
    Denton County.
    Ellis County.
Davenport-Rock Island-Moline, IA-IL:
    Scott County, IA.
    Henry County, IL.
    Rock Island County, IL.
Dayton, OH:
    Greene County.
    Miami County.
    Montgomery County.
    Preble County.
Decatur, IL:
    Macon County.
Denver, CO:
    Adams County.
    Arapahoe County.
    Boulder County.
    Denver County.
    Jefferson County.
Des Moines, IA:
    Polk County.
Detroit, MI:
    Macomb County.
    Oakland County.
    Wayne County.
Dubuque, IA:
    Dubuque County.

[[Page 100]]

Duluth-Superior, MN-WI:
    St. Louis County, MN.
    Douglas County, WI.
Durango, CO:
    LaPlata County.
Durham, NC:
    Durham County.
Elkins, WV:
    Randolph County.
El Paso, TX:
    El Paso County.
Erie, PA:
    Erie County.
Eugene, OR:
    Lane County.
Evansville, IN-KY:
    Vanderburgh County, IN.
    Warrick County, IN.
    Henderson County, KY.
Fall River, MA-RI:
    Bristol County, MA.
    Newport County, RI.
Fargo-Moorhed, ND-MN:
    Cass County, ND.
    Clay County, MN.
Fayetteville, NC:
    Cumberland County.
Fitchburg-Leominster, MA:
    Middlesex County.
    Worcester County.
Flint, MI:
    Genesee County.
    Lapeer County.
Fort Collins, CO:
    Larimer County.
Fort Lauderdale-Hollywood, FL:
    Broward County.
Fort Smith, AR-OK:
    Crawford County, AR.
    Sebastian County, AR.
    Le Flore County, OK.
    Sequoyah County, OK.
Fort Wayne, IN:
    Allen County.
Fort Worth, TX:
    Johnson County.
    Tarrant County.
Frankfort, KY:
    Franklin County.
Fresno, CA:
    Fresno County.
Gadsden, AL:
    Etowah County.
Gainesville, FL:
    Alachua County.
Galveston-Texas City, TX:
    Galveston County.
Gary-Hammond-East Chicago, IN:
    Lake County.
    Porter County.
Grand Forks, ND:
    Grand Forks County.
Grand Island, NE:
    Hall County.
Grand Junction, CO:
    Mesa County.
Grand Rapids, MI:
    Kent County.
    Ottawa County.
Great Falls, MT:
    Cascade County.
Greeley, CO:
    Weld County.
Green Bay, WI:
    Brown County.
Greensboro-High Point, NC:
    Guilford County.
Greenville, SC:
    Greenville County.
    Pickens County.
Greenwood, MS:
    Le Flore County.
Hamilton-Middletown, OH:
    Butler County.
Harrisburg, PA:
    Cumberland County.
    Dauphin County.
    Perry County.
Hartford, CT:
    Hartford County.
    Middlesex County.
    Tolland County.
Hawaii:
    The entire State.
Helena, MT:
    Lewis and Clark County.
Hot Springs, AR:
    Garland County.
Houston, TX:
    Harris County.
Huntington-Ashland, WV-KY-OH:
    Cabell County, WV.
    Wayne County, WV.
    Boyd County, KY.
    Lawrence County, OH.
Huntsville, AL:
    Limestone County.
    Madison County.
Huron, SD:
    Beadle County.
Idaho Falls, ID:
    Bonneville County.
Indianapolis, IN:
    Hamilton County.
    Hancock County.
    Hendricks County.
    Johnson County.
    Marion County.
    Morgan County.
    Shelby County.
Jackson, MI:
    Jackson County
Jackson, MS:
    Hinds County.
    Rankin County.
Jackson, TN:
    Madison County.
Jacksonville, FL:
    Duval County.
Jefferson City, MO:
    Cole County.
Jersey City, NJ:
    Hudson County.
Johnstown, PA:

[[Page 101]]

    Cambria County.
    Somerset County.
Kalamazoo, MI:
    Kalamazoo County.
Kansas City, MO-KS:
    Cass County, MO.
    Clay County, MO.
    Jackson County, MO.
    Platte County, MO.
    Johnson County, KS.
    Wyandotte County, KS.
Kenosha, WI:
    Kenosha County.
Klamath Falls, OR:
    Klamath County.
Knoxville, TN:
    Anderson County.
    Blount County.
    Knox County.
Lafayette, LA:
    Lafayette Parish.
Lake Charles, LA:
    Calcasieu Parish.
Lancaster, PA:
    Lancaster County.
Lansing, MI:
    Clinton County.
    Eaton County.
    Ingham County.
Laredo, TX:
    Webb County.
Las Vegas, NV:
    Clark County.
Lawrence-Haverhill, MA-NH:
    Essex County, MA.
    Rockingham County, NH.
Lawton, OK:
    Comanche County.
Lewiston-Auburn, ME:
    Androscoggin County.
Lexington, KY:
    Fayette County.
Lima, OH:
    Allen County.
Lincoln, NE:
    Lancaster County.
Little Rock-North Little Rock, AR:
    Pulaski County.
Logan, UT:
    Cache County.
Lorain-Elyria, OH:
    Lorain County,
Los Angeles-Long Beach, CA:
    Los Angeles County.
Louisville, KY/IN.
    Jefferson County, KY.
    Clark County, IN.
    Floyd County, IN.
Lowell, MA:
    Middlesex County.
Lubbock, TX:
    Lubbock County.
Lynchburg, VA:
    Lynchburg City.
    Amherst County.
    Campbell County.
Macon, GA:
    Bibb County.
    Houston County.
Madison, WI:
    Dane County.
Manchester, NH:
    Hillsborough County.
    Merrimack County.
Manhattan, KS:
    Riley County.
McCook, NE:
    Red Willow County.
Medford, OR:
    Jackson County.
Memphis, TN-AR:
    Shelby County, TN.
    Crittenden County, AR.
Meriden, CT:
    New Haven County.
Meridian, MS:
    Lauderdale County.
Miami, FL:
    Dade County.
Midland, TX:
    Midland County.
Milwaukee, WI:
    Milwaukee County.
    Ozaukee County.
    Waukesha County.
Minneapolis-St. Paul, MN:
    Anoka County.
    Dakota County.
    Hennepin County.
    Ramsey County.
    Washington County.
Missoula, MT:
    Missoula County.
Mobile, AL:
    Baldwin County.
    Mobile County.
Monroe, LA:
    Ouachita Parish.
Montgomery, AL:
    Elmore County.
    Montgomery County.
Morgantown, WV:
    Monongahela County.
Muncie, IN:
    Delaware County.
Muskegon-Muskegon Heights, MI:
    Muskegon County.
Muskogee, OK:
    Muskogee County.
Nashville, TN:
    Davidson County.
    Sumner County.
    Wilson County.
Newark, NY:
    Essex County.
    Morris County.
    Union County.
New Bedford, MA:
    Bristol County.
    Plymouth County.
New Britain, CT:
    Hartford County.
New Haven, CT:
    New Haven County.

[[Page 102]]

New London-Groton-Norwich, CT:
    New London County.
New Orleans, LA:
    Jefferson Parish.
    Orleans Parish.
    St. Bernard Parish.
    St. Tammany Parish.
Newport News-Hampton, VA:
    Hampton City.
    Newport News City.
    York County.
New York, NY:
    Bronx County.
    Kings County.
    Nassau County.
    New York County.
    Queens County.
    Richmond County.
    Rockland County.
    Suffolk County.
    Westchester County.
Norfolk-Portsmouth, VA:
    Chesapeake City.
    Norfolk City.
    Portsmouth City.
    Virginia Beach City.
Norwalk, CT:
    Fairfield County.
Odessa, TX:
    Ector County.
Ogden, UT:
    Weber County.
Oklahoma City, OK:
    Canadian County.
    Cleveland County.
    Oklahoma County.
Olympia, WA:
    Thurston County.
Omaha, NE-IA:
    Douglas County, NE.
    Sarpy County, NE.
    Pottawattamie County, IA.
Orlando, FL:
    Orange County.
    Seminole County.
Parkersburg, WV:
    Wood County.
Paterson-Clifton-Passaic, NJ:
    Bergen County.
    Passaic County.
Pensacola, FL:
    Escambia County.
    Santa Rosa County.
Peoria, IL:
    Peoria County.
    Tazewell County.
    Woodford County.
Philadelphia, PA-NJ:
    Bucks County, PA.
    Chester County, PA.
    Delaware County, PA.
    Montgomery County, PA.
    Philadelphia County, PA.
    Burlington County, NJ.
    Camden County, NJ.
    Gloucester County, NJ.
Phoenix, AZ:
    Maricopa County.
Pierre, SD:
    Hughes County.
Pittsburgh, PA:
    Allegheny County.
    Beaver County.
    Washington County.
    Westmoreland County.
Pittsfield, MA:
    Berkshire County.
Portland, ME:
    Cumberland County.
Portland, OR-WA:
    Clackamas County, OR.
    Multnomah County, OR:
    Washington County, OR.
    Clark County, WA.
Portsmouth, NH:
    Rockingham County.
Providence-Pawtucket-Warwick, RI-MA:
    Bristol County, RI.
    Kent County, RI.
    Newport County, RI.
    Providence County, RI.
    Washington County, RI.
    Bristol County, MA.
    Norfolk County, MA.
    Worcester County, MA.
Provo-Orem, UT:
    Utah County.
Pueblo, CO:
    Pueblo County.
Puerto Rico:
    The entire Commonwealth.
Racine, WI:
    Racine County.
Raleigh, NC:
    Wake County.
Rapid City, SD:
    Pennington County.
Reading, PA:
    Berks County.
Reno, NV:
    Washoe County.
Richmond, VA:
    Richmond City.
    Chesterfield County.
    Hanover County.
    Henrico County.
Roanoke, VA:
    Roanoke City.
    Roanoke County.
Rochester, NY:
    Livingston County.
    Monroe County.
    Orleans County.
    Wayne County.
Rockford, IL:
    Boone County.
    Winnebago County.
Rolla, MO:
    Phelps County.
Rome, GA:
    Floyd County.
Sacramento, CA:
    Placer County.
    Sacramento County.

[[Page 103]]

    Yolo County.
Saginaw, MI:
    Saginaw County.
St. Albans, VT:
    Franklin County.
St. Joseph, MO:
    Buchanan County.
St. Louis, MO-IL:
    St. Louis City, MO.
    Jefferson County, MO.
    St. Charles County, MO.
    St. Louis County, MO.
    Madison County, IL.
    St. Clair County, IL.
Salem, OR:
    Marion County.
    Polk County.
Salina, KS:
    Saline County.
Salisbury, MD:
    Wicomico County.
Salt Lake City, UT:
    Davis County.
    Salt Lake County.
San Angelo, TX:
    Tom Green County.
San Antonio, TX:
    Bexar County.
    Guadalupe County.
San Bernardino-Riverside-Ontario, CA:
    Riverside County.
    San Bernardino County.
San Diego, CA:
    San Diego County.
San Francisco-Oakland, CA:
    Alameda County.
    Contra Costa County.
    Marin County.
    San Francisco County.
    San Mateo County.
San Jose, CA:
    Santa Clara County.
Santa Barbara, CA:
    Santa Barbara County.
Santa Fe, NM:
    Santa Fe County.
Savannah, GA:
    Chatham County.
Scottsbluff, NE:
    Scotts Bluff County.
Scranton, PA:
    Lackawanna County.
Seattle-Everett, WA:
    King County.
    Snohomish County.
Sheridan, WY:
    Sheridan County
Shreveport, LA:
    Bossier Parish.
    Caddo Parish.
Sioux City, IA-NE:
    Woodbury County, IA.
    Dakota County, NE.
Sioux Falls, SD:
    Minnehaha County.
South Bend, IN:
    St. Joseph County.
    Marshall County.
Spartanburg, SC:
    Spartanburg County.
Spokane, WA:
    Spokane County.
Springfield-Chicopee-Holyoke, MA:
    Hampden County.
    Hampshire County.
    Worcester County.
Springfield, IL:
    Sangamon County.
Springfield, MO:
    Greene County.
Springfield, OH:
    Clark County.
Stamford, CT:
    Fairfield County.
Steubenville-Weirton, OH-WV:
    Jefferson County, OH.
    Brooke County, WV.
    Hancock County, WV.
Stillwater, OK:
    Payne County.
Stockton, CA:
    San Joaquin County.
Syracuse, NY:
    Madison County.
    Onondaga County.
    Oswego County.
Tacoma, WA:
    Pierce County.
Tallahassee, FL:
    Leon County.
Tampa-St. Petersburg, FL:
    Hillsborough County.
    Pinellas County.
Temple, TX:
    Bell County.
Terre Haute, IN:
    Clay County.
    Sullivan County.
    Vermillion County.
    Vigo County.
Texarkana, TX-AR:
    Bowie County, TX.
    Miller County, AR.
Toledo, OH-MI:
    Lucas County, OH.
    Wood County, OH.
    Monroe County, MI.
Topeka, KS:
    Shawnee County.
Trenton, NJ:
    Mercer County.
Tucson, AZ:
    Pima County.
Tulsa, OK:
    Creek County.
    Osage County.
    Tulsa County.
Tuscaloosa, AL:
    Tuscaloosa County.
Tyler, TX:
    Smith County.
Utica-Rome, NY:
    Herkimer County.
    Oneida County.

[[Page 104]]

Vallejo-Napa, CA:
    Napa County.
    Solano County.
Vicksburg, MS:
    Warren County.
Virgin Islands:
    The entire Territory.
Waco, TX:
    McLennan County.
Walla Walla, WA:
    Walla Walla County.
    Benton County.
Washington, DC-MD-VA:
    District of Columbia.
    Montgomery County, MD.
    Prince Georges County, MD.
    Alexandria City, VA.
    Fairfax City, VA.
    Falls Church, VA.
    Arlington County, VA.
    Fairfax County, VA.
Waterbury, CT;
    Litchfield County.
    New Haven County.
Waterloo, IA:
    Black Hawk County.
Wenatchee, WA:
    Chelan County.
West Palm Beach, FL:
    Palm Beach County.
Wheeling, WV-OH:
    Marshall County, WV.
    Ohio County, WV.
    Belmont County, OH.
Wichita, KS:
    Butler County.
    Sedgwick County.
Wichita Falls, TX:
    Archer County.
    Wichita County.
Wilkes Barre-Hazleton, PA:
    Luzerne County.
Wilmington, DE-NJ-MD:
    New Castle County, DE.
    Salem County, NJ.
    Cecil County, MD.
Wilmington, NC:
    New Hanover County.
Winston-Salem, NC:
    Forsyth County.
Worcester, MA:
    Worcester County.
Yakima, WA:
    Yakima County.
York, PA:
    Adams County.
    York County.
Youngstown-Warren, OH:
    Mahoning County.
    Trumbull County.
Yuma, AZ:
    Yuma County.

    (c) The Administrator of General Services has granted specific 
delegations of lease acquisition authority which designate urban or 
major urban centers different from those listed in paragraph (b) of this 
section. The list in paragraph (b) does not supersede or alter in any 
way leasing areas which are attached to such specific delegations. 
Agencies may continue to exercise the leasing authority granted in 
specific delegations in the manner and to the extent provided in those 
delegations.



Sec. 101-18.104-1  Limitations on the use of delegated authority.

    (a) The authority granted in and pursuant to this subpart shall be 
exercised in accordance with the requirements and limitations of the 
Federal Property and Administrative Services Act of 1949, as amended; 
the Budget Enforcement Act of 1990 and OMB Bulletin 91-02, Part B; 
Federal Property Management Regulations, subchapter D, those authorities 
listed in Sec. 101-18.001; and other applicable laws and regulations, 
including the General Services Administration Acquisition Regulation 
(GSAR), the Competition in Contracting Act (CICA), and other OMB 
requirements.
    (b) Pursuant to GSA's long-term authority contained in section 
210(h)(1) of the Federal Property and Administrative Services Act of 
1949, as amended, (40 U.S.C. 490(h)(1)), agencies delegated the 
authorities outlined herein may enter into leases for the term 
specified. In those cases where agency special purposes space 
delegations include the authority to acquire unimproved land, the land 
may be leased only on a fiscal year basis.
    (c) In accordance with section 7(a) of the Public Buildings Act of 
1959, as amended (40 U.S.C. 606), agencies must submit a prospectus to 
the Administrator of General Services for leases involving a net annual 
rental in excess of $1.6 million excluding services and utilities.
    Note: The thresholds for prospectuses are indexed, and change each 
year.
    (d) Agencies having a need for other than temporary parking 
accommodations in the urban centers listed in Sec. 101-18.102, for 
Government-owned motor vehicles not regularly house by GSA, shall 
ascertain the availability of Government-owned or-controlled parking 
from GSA in accordance with the

[[Page 105]]

procedures outlined in Sec. 101-17.202-2 prior to instituting 
procurement action to acquire parking facilities or services.



Sec. 101-18.104-2  Categorical space delegations.

    Subject to the limitations cited in Sec. 101-18.104-1, all agencies 
are authorized to acquire the types of space listed in paragraphs (a) 
through (p) of this section. Except where otherwise noted, leases may be 
for terms, including all options, of up to 20 years. The types of space 
subject to categorical space delegations may be located inside or 
outside urban centers and are as follows:
    (a) Space to house antennas, repeaters, or transmission equipment;
    (b) Depots, including, but not limited to, stockpiling depots and 
torpedo net depots;
    (c) Docks, piers, and mooring facilities (including closed storage 
space required in combination with such facilities);
    (d) Fumigation areas;
    (e) Garage space (may be leased only on a fiscal year basis);
    (f) Greenhouses;
    (g) Hangars and other airport operating facilities including, but 
not limited to, flight preparation space, aircraft storage areas, and 
repair shops;
    (h) Hospitals, including medical clinics;
    (i) Housing (temporary), including hotels (does not include quarters 
obtained pursuant to temporary duty travel or employee relocation);
    (j) Laundries;
    (k) Quarantine facilities for plants, birds, and other animals;
    (l) Ranger stations; i.e., facilities which typically include small 
offices staffed by one or more uniformed employees, and may include 
sleeping/family quarters, parking areas, garages, and storage space. 
Office space within ranger stations is minimal and does not comprise a 
majority of the space. (May also be referred to as guard stations, 
information centers, or kiosks.)
    (m) Recruiting space for the armed forces (lease terms, including 
all options, limited to 5 years);
    (n) Schools directly related to the special purpose function(s) of 
an agency;
    (o) Specialized storage/depot facilities, such as cold storage; 
self-storage units; and lumber, oil, gasoline, shipbuilding materials, 
and pesticide materials/equipment storage (general purpose warehouse 
type storage facilities not included);
    (p) Space for short-term use as provided in Sec. 101-17.203 (lease 
terms limited to 180 days with extensions granted on a case-by-case 
basis).



Sec. 101-18.104-3  Agency special purpose space delegations.

    Subject to the limitations cited in Sec. 101-18.104-1, the agencies 
listed below are authorized to acquire the types of space associated 
with that agency. Except where otherwise noted, agency special purpose 
space may be leased for terms, including all options, of up to 20 years. 
Such space may be located either inside or outside urban centers. The 
agencies and types of space subject to special purpose space delegations 
are as follows:
    (a) Department of Agriculture:
    (1) Cotton classing laboratories (lease terms, including all 
options, limited to 5 years);
    (2) Land (if unimproved, may be leased only on a fiscal year basis);
    (3) Miscellaneous storage by cubic foot or weight basis;
    (4) Office space when required to be located in or adjacent to 
stockyards, produce markets, produce terminals, airports, and other 
ports (lease terms, including all options, limited to 5 years);
    (5) Space for agricultural commodities stored in licensed warehouses 
and utilized under warehouse contracts;
    (6) Space utilized in cooperation with State and local governments 
or their instrumentalities (extension services) where the cooperating 
State or local government occupies a portion of the space and pays a 
portion of the rent.
    (b) Department of Commerce:
    (1) Census Bureau--Space required in connection with conducting the 
decennial census (lease terms, including all options, limited to 5 
years);
    (2) Laboratories for testing materials, classified or ordnance 
devices, calibration of instruments, and atmospheric and oceanic 
research (lease

[[Page 106]]

terms, including all options, limited to 5 years);
    (3) Maritime training stations;
    (4) Radio stations;
    (5) Land (if unimproved, may be leased only on a fiscal year basis);
    (6) National Weather Service meteorological facilities.
    (c) Department of Defense:
    (1) Air Force--Civil Air Patrol Liaison Offices and land incidental 
thereto when required for use incidental to, in conjunction with, and in 
close proximity to airports, including aircraft and warning stations (if 
unimproved, land may be leased only on a fiscal year basis; for space, 
lease terms, including all options, limited to 5 years);
    (2) Armories;
    (3) Film library in the vicinity of Washington, DC;
    (4) Leased building at Air Force Base, Jackson, MS;
    (5) Mess halls;
    (6) Ports of embarkation and debarkation;
    (7) Post exchanges;
    (8) Postal Concentration Center, Long Island City, NY;
    (9) Recreation centers;
    (10) Reserve training space;
    (11) Service clubs;
    (12) Testing laboratories (lease terms, including all options, 
limited to 5 years).
    (d) Department of Energy: Facilities housing the special purpose or 
special location activities of the old Atomic Energy Commission.
    (e) Federal Communications Commission: Monitoring station sites.
    (f) Department of Health and Human Services: Laboratories (lease 
terms, including all options, limited to 5 years).
    (g) Department of the Interior:
    (1) Space in buildings and land incidental thereto used by field 
crews of the Bureau of Reclamation, Bureau of Land Management, and the 
Geological Survey in areas where no other Government agencies are 
quartered (if unimproved, land may be leased only on a fiscal year 
basis);
    (2) National Parks/Monuments Visitors Centers consisting primarily 
of special purpose space (e.g., visitor reception, information, and rest 
room facilities) and not general office or administrative space.
    (h) Department of Justice:
    (1) U.S. marshals Office in any Alaska location (lease terms, 
including all options, limited to 5 years);
    (2) Border Patrol Offices similar in character and utilization to 
policy stations, involving the handling of prisoners, firearms, and 
motor vehicles, regardless of location (lease terms, including all 
options limited to 5 years);
    (3) Space used for storage and maintenance of surveillance vehicles 
and seized property (lease terms, including all options, limited to 5 
years);
    (4) Space used for review and custody of records and other 
evidentiary materials (lease terms, including all options, limited to 5 
years);
    (5) Space used for trail preparation where space is not available in 
Federal Buildings, Federal Courthouses, USPS facilities, or GSA-leased 
buildings (lease terms limited to not more than 1 year.)
    (i) Office of Thrift Supervision: Space for field offices of 
Examining Divisions required to be located within Office of Thrift 
Supervision buildings or immediately adjoining or adjacent to such 
buildings (lease terms, including all options, limited to 5 years).
    (j) Department of Transportation:
    (1) Federal Aviation Administration:
    (i) Land at airports (if unimproved, land may be leased only on a 
fiscal year basis);
    (ii) Not to exceed 10,000 square feet of space at airports that is 
used predominantly as general purpose office space in buildings under 
the jurisdiction of public or private airport authorities (lease terms, 
including all options, limited to 5 years);
    (2) U.S. Coast Guard:
    (i) Space for the oceanic unit, Woods Hole, MA;
    (ii) Space for port security activities.
    (k) Department of the Treasury:
    (1) Comptroller of the Currency--Space and land incidental thereto 
for the use of the Comptroller of the Currency, as well as the 
operation, maintenance and custody thereof (if unimproved, land may be 
leased only on a fiscal year basis; for space, lease term, including all 
options, limited to 5 years);

[[Page 107]]

    (2) U.S. Customs Service--Aerostat radar facilities necessary for 
agency mission activities;
    (l) Department of Veterans Affairs:
    (1) Guidance and training centers located at schools and colleges;
    (2) Space used for veterans hospitals, including outpatient and 
medical-related clinics, such as drug, mental health, and alcohol.



Sec. 101-18.105  Contingent fees and related procedure.

    The provisions of subpart 3.4 of Title 48 with respect to contingent 
fees and related procedure are hereby made applicable to all negotiated 
and sealed bid contracts for the acquisition of real property by lease. 
The representations and covenants required by that subpart shall be 
appropriately adapted for use in leases of real property for Government 
use.



Sec. 101-18.106  Application of socioeconomic considerations.

    (a) In acquiring space by lease, agencies will avoid locations which 
will work a hardship on employees because (1) there is a lack of 
adequate low- and moderate-income nondiscriminatory housing for 
employees within reasonable proximity to the location, and (2) the 
location is not readily accessible from other areas of the community.
    (b) Consideration of low- and moderate-income nondiscriminatory 
housing for employees and the need for development and redevelopment of 
areas for socioeconomic improvement will apply to the acquisition of 
space by lease where:
    (1) 100 or more low- or moderate-income employees are expected to be 
employed in the space to be leased; and
    (2) The proposed leasing action involves residential relocation of a 
majority of the existing low- and moderate-income work force, a 
significant increase in their transportation or parking costs, travel 
time that exceeds 45 minutes to the new location, or a 20 percent 
increase in travel time if travel time to the present facility already 
exceeds an average of 45 minutes; or
    (3) GSA requests Department of Housing and Urban Development (HUD) 
review in lease actions of special importance not covered by paragraphs 
(b) (1) and (2) of this section.
    (c) HUD, as the agency responsible for providing information 
concerning the availability of nondiscriminatory low- and moderate-
income housing in areas where Federal facilities are to be located, 
shall be consulted when such information is required.
    (d) Other socioeconomic considerations described in Sec. 101-19.101 
are also applicable to lease acquisitions.



        Subpart 101-18.2--Acquisition by Purchase or Condemnation



Sec. 101-18.200  Purpose.

    These regulations will:
    (a) Encourage and expedite the acquisition of real property by 
agreements with owners;
    (b) Avoid litigation where possible and relieve congestion in the 
courts;
    (c) Insure consistent treatment of owners in the many Federal 
programs; and
    (d) Promote public confidence in Federal land acquisition practices.



Sec. 101-18.201  Basic acquisition policy.

    GSA, to the greatest extent practicable, will:
    (a) Make every reasonable effort to acquire expeditiously real 
property by negotiation.
    (b) Appraise real property before the initiation of negotiations and 
give the owner or his designated representative an opportunity to 
accompany the appraiser during his inspection of the property.
    (c) Establish, prior to the initiation of negotiations for real 
property, an amount estimated to be the just compensation therefor and 
make a prompt offer to acquire the property for the full amount so 
established. GSA will provide the owner of the real property to be 
acquired with a written statement of the amount established as just 
compensation and a summary of the basis for it. Where appropriate, the 
just compensation for the real properly acquired and for damages to 
remaining real property will be separately stated. The summary statement 
to be furnished the owner will include the following:

[[Page 108]]

    (1) Identification of the real property and the estate or interest 
therein to be acquired;
    (2) Identification of the buildings, structures, and other 
improvements considered to be part of the real property for which the 
offer of just compensation is made;
    (3) A statement that GSA's determination of just compensation is 
based on the estimated fair market value of the property to be acquired. 
If only part of the property is to be acquired or the interest to be 
acquired is less than the full interest of the owner, the statement will 
explain the basis for the determination of the just compensation;
    (4) A statement that GSA's determination of just compensation is not 
less than its approved appraisal of the property; and
    (5) A statement that any increase or decrease in the fair market 
value of the real property, prior to the date of valuation, caused by 
the public improvement or project for which the real property is to be 
acquired, or by the likelihood that the real property would be acquired 
for such improvement or project, other than that due to physical 
deterioration within the reasonable control of the owner, has been 
disregarded in making the determination of just compensation for the 
property.
    (d) Acquire at least an equal interest in all buildings, structures, 
or other improvements located upon the real property. This includes 
buildings, structures, or other improvements that GSA requires to be 
removed from the real property or that GSA determines will affect 
adversely the proposed use of the real property. If any buildings, 
structures, or other improvements comprising part of the real property 
are the property of an occupant who has the right or obligation to 
remove them at the expiration of his term, the total just compensation 
for the real property, including the property of the occupant, will be 
determined and the occupant will be paid the greater of the:
    (1) Fair market value of the buildings, structures, or other 
improvements to be removed from the property; or
    (2) Contributive fair market value of the occupant's improvements to 
the fair market value of the entirety, which value should not be less 
than the value of his improvements for removal from the real property. 
Payment under this paragraph (d) of this section will not be a 
duplication of any payment otherwise authorized by law. No payment will 
be made unless the landowner disclaims all interests in the occupant's 
improvements and the occupant in consideration for such payment shall 
assign, transfer, and release to the Government all his right, title, 
and interest in and to such improvements. The occupant may reject 
payment under this paragraph (d) of this section and obtain payment for 
his property interests in accordance with other applicable laws.
    (e) Obtain only one appraisal on each parcel, tract, etc., of real 
property to be acquired unless GSA determines that circumstances require 
an additional appraisal or appraisals.
    (f) Maintain records to verify that the landowner or his designated 
representative(s) was given an opportunity to accompany the appraiser 
during the inspection of the real property.
    (g) Pay an owner or occupant or deposit such payment in the registry 
of the court before requiring him to surrender his property. To the 
maximum extent practicable, owners and occupants will be given at least 
90 days' notice of displacement before being required to move from real 
property acquired by GSA. If permitted by GSA to remain in possession 
for a short period of time after Government acquisition, the rental 
charged for this occupancy will not be more than the fair rental value 
of the property to a short-term occupier.
    (h) Not intentionally make it necessary for an owner to institute 
legal proceedings to prove the fact of the taking of his property. Offer 
to acquire the entire property where the acquisition of a part of a 
property will leave the owner with an uneconomic remnant.

[[Page 109]]



Sec. 101-18.202  Expenses incidental to transfer.

    GSA will amend its contract-to-sell-real-property forms to provide 
for reimbursement to vendors in amounts deemed by GSA to be fair and 
reasonable for the following expenses:
    (a) Recording fees, transfer taxes (other than tax imposed on the 
United States), and similar expenses incidental to conveying the real 
property;
    (b) Penalty cost for prepayment of any preexisting recorded mortgage 
entered into in good faith encumbering said real property; and
    (c) The pro rata portion of real property taxes paid by the vendor 
for periods subsequent to the day title vests in the United States.



Sec. 101-18.203  Litigation expenses.

    GSA will plan for and take into consideration the possible liability 
for the payment of litigation expenses of a condemnee as provided for in 
section 304 of the Act.

Subpart 101-18.3  [Reserved]



PART 101-19--CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS--Table of Contents




Sec.
101-19.000  Scope of part.
101-19.001  Authority.
101-19.002  Basic policy.
101-19.003  Definition of terms.
101-19.003-1  Alter.
101-19.003-2  Alteration project.
101-19.003-3  Construct.
101-19.003-4  Executive agency.
101-19.003-5  Prospectus.
101-19.003-6  Public building.
101-19.003-7  United States.

                        Subpart 101-19.1--General

101-19.100  Intergovernmental consultation on Federal projects.
101-19.101  Application of socioeconomic considerations.
101-19.101-1  Location of buildings.
101-19.101-2  Agreement with Secretary of Housing and Urban Development.
101-19.101-3  Consultation with HUD.
101-19.101-4  Affirmative action plan.
101-19.101-5  Agency compliance.

          Subpart 101-19.2--Selection and Approval of Projects

101-19.201  Determination of need.
101-19.202  Priority of projects.
101-19.203  Approval of projects.
101-19.204  Cooperation and assistance of Federal agencies.

                  Subpart 101-19.3--Alteration Projects

101-19.301  Emergency alteration projects.
101-19.302  Prospectuses for reimbursable alteration projects.

                 Subpart 101-19.4--Construction Projects

101-19.401  Contracting for construction.
101-19.402  Architectural and engineering services.

                Subpart 101-19.5--Delegation of Authority

101-19.501  Conditions justifying delegation.
101-19.502  Exercise of delegation.

     Subpart 101-19.6--Accommodations for the Physically Handicapped

101-19.600  Scope of subpart.
101-19.601  Authority and applicability.
101-19.602  Definitions.
101-19.603  Standards.
101-19.604  Exceptions.
101-19.605  Waiver or modification of standards.
101-19.606  Recordkeeping.
101-19.607  Reporting.

Appendix A to Subpart 101-19.6--Uniform Federal Accessibility Standards

Subparts 101-19.7--101-19.47 [Reserved]

                       Subpart 101-19.48--Exhibits

101-19.4800  Scope of subpart.
101-19.4801  Memorandum of understanding between the Department of 
          Housing and Urban Development and the General Services 
          Administration concerning low- and moderate-income housing.

                Subpart 101-19.49--Illustration of Forms

101-19.4900  Scope of subpart.
101-19.4901  [Reserved]
101-19.4902  GSA forms.
101-19.4902-2974  GSA Form 2974, Status Report for Federally Funded or 
          Leased Buildings--Accommodation of Physically Handicapped.

    Authority: 40 U.S.C. 486(c), 490 and 601-619; 86 Stat. 216.

    Source: 39 FR 23214, June 27, 1974, unless otherwise noted.

[[Page 110]]



Sec. 101-19.000  Scope of part.

    (a) This part prescribes policies and procedures for the 
construction and alteration of public buildings in the United States.
    (b) For more information on the construction and alteration of 
public buildings, see 41 CFR parts 102-71 through 102-82. To the extent 
that any policy statements in this part are inconsistent with the policy 
statements in 41 CFR parts 102-71 through 102-82, the policy statements 
in 41 CFR parts 102-71 through 102-82 are controlling.

[39 FR 23214, June 27, 1974, as amended at 66 FR 5358, Jan. 18, 2001]



Sec. 101-19.001  Authority.

    This part 101-19 implements the applicable provisions of the Federal 
Property and Administrative Services Act of 1949, 63 Stat. 377, as 
amended; the Public Buildings Act of 1959 (40 U.S.C. 601-615 as 
amended); Public Law 90-480, 82 Stat. 718, as amended (42 U.S.C. 4151-
4156); the Clean Air Act (42 U.S.C. 1857-1858); the Federal Water 
Pollution Control Act (33 U.S.C. 1151-1175); the Intergovernmental 
Cooperation Act of 1968 (42 U.S.C. 4201-4244, 40 U.S.C. 531-535); 
Evaluation, Review, and Coordination of Federal and Federally Assisted 
Programs and Projects (Office of Management and Budget Circular A-95 
Revised); section 901(b) of the Agriculture Act of 1970, 84 Stat. 1383 
as amended by section 601 of the Rural Development Act of 1972, 86 Stat. 
674 (42 U.S.C. 1322(b)); Executive Order 12088 (3 CFR 829 (1971-1975 
compilation)); Executive Order 11724 (3 CFR 777 (1971-1975 
compilation)); Executive Order 12072 of August 16, 1978 (43 FR 36869); 
the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2507); and 
title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601).

[45 FR 37206, June 2, 1980]



Sec. 101-19.002  Basic policy.

    (a) In the process of developing building projects, the policies 
contained in Sec. 101-17.002 regarding the determination of the location 
of Federal facilities shall be strictly adhered to.
    (b) [Reserved]
    (c) To the maximum extent practical, GSA will plan the construction 
and alteration of Federal facilities when such action can be shown to 
the most prudent and economic means of meeting Federal space 
requirements.
    (d) GSA will provide technical services and guidance to other 
Federal agencies in the formulation and development of their programs 
for construction and alteration of special facilities.
    (e) Excess properties transferred to GSA will be renovated and 
altered whenever practical to meet Government space needs.
    (f) In selecting sites for public buildings, 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 (38 FR 16837), and subpart 
101-47.8;
    (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; and
    (3) Suitable sites in established civic or redevelopment centers 
which are well planned and properly financed with development initiated 
and insured.
    (g) The design of new buildings and their appurtenances should 
provide efficient and economical facilities in an architecture of 
distinction and quality. The architecture should reflect the dignity, 
enterprise, vigor, and stability of the United States Government. The 
designs shall embody the finest contemporary American architectural 
thought and shall respect local architectural characteristics.
    (h) In the alteration of existing buildings, GSA will maintain 
architectural integrity and compatibility with existing structures.
    (i) In the design of new public buildings, and to the extent 
feasible in the alteration of existing public buildings, GSA will (1) 
insure that such buildings and attendant facilities will be accessible 
to and usable by the physically handicapped (42 U.S.C. 4151-4156) and 
(2) utilize, to the maximum extent, modern methods and techniques for 
the control of air and water pollution

[[Page 111]]

(Clean Air Act 42 U.S.C. 1857-1858; Federal Water Pollution Control Act, 
33 U.S.C. 1151-1175).
    (j) In the siting and locating of buildings on selected sites, GSA 
representatives will work directly with local officials in seeking to 
conform as closely as possible to local zoning regulations.
    (k) In the design of new public buildings and alterations to public 
buildings, the objectives of nationally recognized building and 
performance codes, standards, and specifications will be met and 
amplified according to the needs of GSA and as necessary to conform with 
the accident and fire prevention policy objectives stated in Sec. 101-
20.109-1. In addition, special features of local codes directly related 
to local circumstances or practices will be, to the maximum extent 
practical, incorporated into the design.
    (l) Parking for Government-owned, visitors', and employees' vehicles 
will be provided in the planning of public buildings with due regard to 
the needs of the Federal agencies to be housed in each building, local 
zoning and parking regulations, availability of public transportation, 
and availability of planned and existing public and privately owned 
parking facilities in the locality.
    (m) Fine arts, as appropriate, will be incorporated in the design of 
selected new public buildings. Fine arts, including painting, sculpture, 
and artistic work in other mediums, will reflect the national cultural 
heritage and emphasize the work of living American artists.
    (n) Security floodlighting, as appropriate, will be incorporated in 
the design of selected new public buildings. Such security floodlighting 
will be designed for minimum energy consumption and reflect and enhance 
the architectural esthetics of the building.

[39 FR 23214, June 27, 1974, as amended at 45 FR 37206, June 2, 1980]



Sec. 101-19.003  Definition of terms.

    For the purposes of this subchapter D the following terms shall have 
the meanings set forth in this section.



Sec. 101-19.003-1  Alter.

    Alter means repairing, remodeling, improving, extending, or 
otherwise changing a public building. The term includes preliminary 
planning; engineering; architectural, legal, fiscal, and economic 
investigations and studies; surveys; designs; plans; working drawings; 
specifications; procedures; and other similar actions necessary for the 
alteration of a public building.



Sec. 101-19.003-2  Alteration project.

    Alteration project, requiring compliance with section 7 of the 
Public Buildings Act of 1959, as amended, means a project to alter a 
public building which is estimated to cost in excess of $500,000 and 
which specifies any of the following:
    (a) Alterations estimated to be completed in 5 years for the 
continued use and occupancy of the building.
    (b) Alterations to a building and/or its equipment occasioned by a 
space reassignment.
    (c) Alterations occasioned by an emergency.



Sec. 101-19.003-3  Construct.

    Construct means to build a public building. The term includes 
preliminary planning, engineering, architectural, legal, fiscal, and 
economic investigations and studies, surveys, designs, plans, working 
drawings, specifications, procedures, and other similar actions 
necessary for the construction of a public building.



Sec. 101-19.003-4  Executive agency.

    Executive agency means any executive department or independent 
establishment in the executive branch of the Government including any 
wholly owned Government corporation and including the Central Bank for 
Cooperatives and the regional banks for cooperatives, Federal land 
banks, Federal intermediate credit banks, Federal home loan banks, 
Federal Deposit Insurance Corporation, and the Government National 
Mortgage Association.



Sec. 101-19.003-5  Prospectus.

    Prospectus means the statement of the proposed project, required by 
section 7 of the Public Buildings Act of 1959, as amended (40 U.S.C. 
606), including a description, its location, estimated maximum cost, a 
comprehensive

[[Page 112]]

plan for providing space for all Government officers and employees in 
the locality of the proposed project, a statement by the Administrator 
of General Services that suitable space owned by the Government is not 
available and that suitable rental space is not available at a price 
commensurate with that to be afforded through the proposed action, and a 
statement of rents and other housing costs currently being paid by the 
Government for Federal agencies to be housed in the proposed project.



Sec. 101-19.003-6  Public building.

    (a) Public building means any building, whether for single or multi-
tenant occupancy, its grounds, approaches, and appurtenances, which is 
generally suitable for office or storage space or both for the use of 
one or more Federal agencies or mixed ownership corporations, and shall 
include: Federal office buildings, post offices, customhouses, 
courthouses, appraisers stores, border inspection facilities, 
warehouses, record centers, relocation facilities, similar Federal 
facilities, and any other buildings or construction projects the 
inclusion of which the President may deem, from time to time hereafter, 
to be justified in the public interest; but shall not include any such 
buildings and construction projects:
    (1) On the public domain (including that reserved for national 
forests and other purposes),
    (2) On properties of the United States in foreign countries,
    (3) On Indian and native Eskimo properties held in trust by the 
United States,
    (4) On lands used in connection with Federal programs for 
agricultural, recreational, and conservation purposes, including 
research in connection therewith,
    (5) On or used in connection with river, harbor, flood control 
reclamation or power projects, or for chemical manufacturing or 
development projects, or for nuclear production, research, or 
development projects,
    (6) On or used in connection with housing and residential projects,
    (7) On military installations (including any fort, camp, post, naval 
training station, airfield, proving ground, military supply depot, 
military school, or any similar facility of the Department of Defense),
    (8) On Veterans Administration installations used for hospital or 
domiciliary purposes, and
    (9) The exclusion of which the President may deem, from time to time 
hereafter, to be justified in the public interest.
    (b) Buildings leased by the Government are not ``public buildings'' 
within the meaning of the Public Buildings Act of 1959.



Sec. 101-19.003-7  United States.

    United States, when used in a geographical sense, means the 50 
States, the District of Columbia, the Commonwealth of Puerto Rico, and 
the territories and possessions of the United States.



                        Subpart 101-19.1--General



Sec. 101-19.100  Intergovernmental consultation on Federal projects.

    (a) As used in this section, the following terms will have the 
meanings defined herein:
    (1) Planning agencies. Planning agencies are defined as the Governor 
of a State or, if there is one, the appropriate A-95 clearinghouse of 
the State, region, or metropolitan area, and the appropriate local, 
county, metropolitan, regional, and State planning and environmental 
authorities.
    (2) Federal projects. Federal projects are defined as public 
buildings construction projects and lease construction projects required 
to be authorized in accordance with, or in the manner provided by, the 
provisions of the Public Buildings Act of 1959, as amended; and projects 
involving a significant change in the use of federally owned property or 
property to be acquired by exchange in connection with a public 
buildings project authorized under the provisions of the Public 
Buildings Act of 1959, as amended, or the Federal Property and 
Administrative Services Act of 1949, as amended.

[[Page 113]]

    (b) GSA will consult with planning agencies, local elected 
officials, and appropriate Federal agencies to coordinate Federal 
projects with development plans and programs of the State, region, and 
locality in which the project is to be located to ensure that all 
national, regional, State, and local viewpoints are fully considered and 
taken into account to the extent possible in planning Federal projects. 
A written statement containing a clear justification for Federal actions 
that are inconsistent with local plans will be provided the appropriate 
planning agencies.
    (c) The consultation and coordination pursuant to paragraph (b) of 
this section will be initiated by the GSA Regional Administrator of the 
region in which the Federal project is located, and the manner in which 
the consultation and coordination will be effected is set forth below:
    (1) The GSA Regional Administrator will notify the planning agencies 
at least 30 calendar days before the initiation of any survey conducted 
for the purpose of preparing a prospectus or Report of Building Project 
Survey for submittal to the Congress. Notifications of less than 30 
calendar days are authorized only in emergency situations. The 
notification will specify the approximate date(s) on which the survey 
will be conducted and will request that the GSA Regional Administrator 
be provided as soon as practicable all pertinent planning and 
development information that will be considered in connection with the 
space plan for the community. This information will include city, 
county, State, and regional plans for land use and development; use of 
community development funds; neighborhood revitalization; mass transit; 
highways; flood control; and air, water, solid waste, and other relevant 
environmental data.
    (2) Within 30 calendar days following the approval of a proposed 
action by the Congress, the GSA Regional Administrator will inform the 
previously notified planning agencies of the results of the survey. 
Particular reference will be made to the need, if any, for a new Federal 
building within a 10-year period or a major lease consolidation which 
could result in new commercial construction in the community. The letter 
will request that the GSA Regional Administrator be informed of all 
changes or refinements in the planning information initially provided, 
and set forth the following minimum data relative to the proposed 
Federal project:
    (i) Area or city in which the project will be located;
    (ii) Type of building (office building, post office, courthouse, 
etc.);
    (iii) Approximate size of building;
    (iv) Specific site location requirements;
    (v) Estimated building population; and
    (vi) Estimated total project cost.
    (3) In addition to paragraph (c)(2) of this section, major project 
designs should be made available to planning agencies at the conceptual 
design stage, and information received by GSA 2 or more years prior to 
commencement of action on a project shall be verified.
    (4) When GSA is to conduct a site investigation, propose a 
significant change in the use of federally owned or leased property that 
may require a complete environmental assessment resulting in a negative 
declaration or an environmental impact statement, propose the renovation 
or extension of an existing federally owned building required to be 
authorized in accordance with the provisions of the Public Buildings Act 
of 1959, as amended, acquire property by exchange in connection with the 
construction of a public building, or issue a Solicitation for Offers in 
connection with a lease construction project as described in paragraph 
(a)(2) of this section, the GSA Regional Administrator will notify the 
planning agencies and the principal elected official(s) of the community 
where the proposed action will take place not less than 30 calendar days 
in advance of the initiation of such action. Only verbal notification of 
planning agencies is required if the site investigation is conducted 
within 1 year of an announcement under paragraph (c)(1) of this section. 
The organizations and officials so notified will have the 30-day notice 
period in which to consult with the GSA Regional Administrator and 
provide him with data and comments pertinent

[[Page 114]]

to the proposed action. Notifications of less than 30 calendar days are 
authorized only in emergency situations.
    (5) When GSA takes action pursuant to Sec. 101-47.203-7 of this 
chapter for the transfer of federally owned real property for a direct 
project requirement which involves a substantial change in the character 
of its use, the views of the planning agencies and the principal elected 
official(s) will be obtained and considered by the GSA Regional 
Administrator, and these views will be included on GSA Form 1334, 
Request for Transfer of Excess Real Property and Related Personal 
Property.
    (6) When property is transferred for exchange purposes, the views of 
the planning agencies and the principal elected official(s) will be 
considered prior to consummation of the exchange.
    (d) The provisions of paragraph (c) of this section shall not be 
applied when the Administrator of General Services deems that the 
application thereof would adversely affect the best interest of the 
Government.
    (e) If GSA has determined that any Federal project under its 
jurisdiction may significantly affect the quality of the human 
environment, prior to a final decision concerning that project GSA will 
provide Federal agencies having jurisdiction by law or special expertise 
with respect to any environmental impact involved, planning agencies 
which are authorized to develop and enforce environmental standards, and 
others as appropriate with an adequate opportunity to review such 
projects pursuant to section 102(2)(C) of the National Environmental 
Policy Act of 1969 and the regulations of the Council on Environmental 
Quality (CEQ).
    (f) The Federal agencies, planning agencies, and others referred to 
in paragraph (e) of this Sec. 101-19.100 will be notified as follows 
concerning Federal projects under GSA jurisdiction that are determined 
to have a significant effect on the human environment:
    (1) GSA will transmit copies of the draft environmental statement, 
prepared in accordance with the provisions of National Environmental 
Policy Act of 1969, as amended, and the regulations of the Council on 
Environmental Quality to the Environmental Protection Agency, and to the 
Governor of the State, the U.S. Senators of the State, and the U.S. 
Representative from the congressional district of the State where the 
project will be located.
    (2) Thereafter, GSA will submit copies of the draft environmental 
statement to the appropriate city mayor and to the Federal, State, and 
local planning agencies for comment. The allowable period for comment 
shall be 45 calendar days. If requests for extension are made a maximum 
period of 15 calendar days may be granted.
    (3) Comments received from the Federal agencies, planning agencies, 
and others will be reconciled through coordination with the Federal and 
State agencies concerned. The environmental statement may be revised to 
reflect the additional data and comments obtained. A discussion of 
problems and objections by Federal agencies and State and local entities 
in the review process and the recommended disposition of the issues 
involved will be included in the final text of the environmental 
statement.
    (4) Copies of the final environmental statement will be transmitted 
to the Environmental Protection Agency and to those persons who 
submitted substantive comments on the draft statement or requested 
copies of the final statement. Unless waived by EPA, no irreversible or 
irretrievable action shall be taken on a project until 30 calendar days 
after submission of the final statement to EPA.
    (g) Through the appropriate planning agencies, Health System 
Agencies and State Health Planning and Development Agencies authorized 
to perform comprehensive health planning, pursuant to the National 
Health Planning and Resources Development Act of 1974, shall be provided 
adequate opportunity to review Federal projects for construction and/or 
equipment involving capital expenditures exceeding $200,000 for 
modernization, conversion, and expansion of Federal inpatient care 
facilities that alter the bed capacity or modify the primary function of 
the facility, as well as plans for provision of major new medical 
services. Projects to renovate or install mechanical systems, air-
conditioning systems, or

[[Page 115]]

other similar internal system modifications are excluded. The comments 
of such agencies or a certification that the agencies were provided a 
reasonable time to comment and failed to do so shall accompany the plan 
and budget requests submitted by the Federal agency to the Office of 
Management and Budget.
    (h) Planning agencies should advise GSA of projects which may 
present potential areas of joint cooperation by contacting the PBS 
Regional Commissioner for the region in which the project is located.

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

[39 FR 23214, June 27, 1974, as amended at 42 FR 16779, Mar. 30, 1977; 
45 FR 37206, June 2, 1980]



Sec. 101-19.101  Application of socioeconomic considerations.

    This section provides an effective systematic arrangement to insure 
the availability of low- and moderate-income housing for Federal 
employees without discrimination because of race, color, religion, or 
national origin and to influence the improvement in social and economic 
conditions in the area of Federal buildings.



Sec. 101-19.101-1  Location of buildings.

    (a) GSA, in all its determinations regarding the location of 
federally constructed buildings and the acquisition of leased buildings, 
will consider to the maximum possible extent the availability of low- 
and moderate-income housing for employees without discrimination because 
of race, color, religion, or national origin and will affirmatively 
further the purposes of title VIII of the Civil Rights Act of 1968.
    (b) Final decisions of the Administrator of General Services will be 
based on the determination that such decisions will improve the 
management and administration of governmental activities and services 
and will foster the programs and policies of the Federal Government.



Sec. 101-19.101-2  Agreement with Secretary of Housing and Urban Development.

    (a) The Administrator of General Services has entered into an 
agreement with the Secretary of Housing and Urban Development to utilize 
the Department of Housing and Urban Development (HUD) to investigate, 
determine, and report to GSA findings on the availability of low- and 
moderate-income housing on a nondiscriminatory basis with respect to 
proposed locations for a federally constructed building or major lease 
action having a significant socioeconomic impact on a community.
    (b) HUD shall advise GSA and other Federal agencies with respect to 
actions which would increase the availability of low- and moderate-
income housing on a nondiscriminatory basis, after a site has been 
selected for a federally constructed building or a lease executed for 
space and shall assist in increasing the availability of such housing 
through its own programs.
    (c) The text of the HUD-GSA agreement is located at Sec. 101-
19.4801.



Sec. 101-19.101-3  Consultation with HUD.

    (a) In the initial selection of a city or delineation of a general 
area for location of public buildings or leased buildings, GSA will 
provide the earliest possible notice to HUD of information with respect 
to such decisions. Regional offices of HUD, as identified by the 
Secretary of Housing and Urban Development, and local planning and 
housing authorities will be consulted concerning the present and planned 
availability of low- and moderate-income housing on a nondiscriminatory 
basis in the area where the project is to be located during the project 
development investigation.
    (b) Regional office representatives of HUD, as designated by the 
Secretary of Housing and Urban Development, will participate in site 
investigations for the purpose of providing a report to GSA on the 
availability of low- and moderate-income housing on a nondiscriminatory 
basis in the area of the investigation.
    (c) The HUD Regional Administrator will transmit to the Regional 
Commissioner, PBS, his evaluation of the sites being considered. In any 
case in which a proposed site is deemed inadequate on one or more 
grounds; i.e., supply of low- and moderate-income housing on a

[[Page 116]]

non-discriminatory basis, nondiscrimination in the sale and rental of 
housing on the basis of race, color, religion, or national origin, or 
availability of transportation from housing to site, the HUD Regional 
Administrator shall include an outline of corrective actions which, in 
his judgment, will be required to overcome the inadequacies noted.
    (d) The following actions are subject to the provisions of the HUD/
GSA Memorandum of Understanding:
    (1) All project development investigations.
    (2) Site selections for public buildings (or leased space in 
buildings to be erected by the lessor) in which 100 or more low- and 
moderate-income employees are expected to be employed in the new 
building.
    (3) GSA requests HUD review in actions of special importance not 
covered by paragraph (d)(2) of this section.
    (e) The Regional Commissioner, PBS, shall promptly notify the HUD 
Regional Administrator after reaching a decision on the sites to be 
recommended for a facility and their priority. In the event any of the 
preferred sites are identified by HUD as inadequate on one or more of 
the grounds set forth in paragraph (c) of this section, the HUD Regional 
Administrator shall so advise the Assistant Secretary for Equal 
Opportunity. The Assistant Secretary will notify the Commissioner, 
Public Buildings Service, GSA, of HUD's concerns within 5 workdays after 
notification by the HUD Regional Administrator and agree on the time 
required to properly present HUD's view.
    (f) GSA will provide a written explanation when, after headquarters' 
review, a location is selected which HUD reported inadequate with 
respect to one or more of the grounds set forth in paragraph (c) of this 
section, in accordance with the HUD-GSA Memorandum of Understanding.



Sec. 101-19.101-4  Affirmative action plan.

    (a) Prior to the announcement of a site selected contrary to the 
recommendation of HUD, the involved Federal agency, GSA, HUD, and the 
community in which the proposed site is located will utilize the items 
indicated in the report of the HUD Regional Administrator as a basis for 
developing a written Affirmative Action Plan. The Affirmative Action 
Plan will insure that an adequate supply of low- and moderate-income 
housing will be available on a nondiscriminatory basis, and that there 
is adequate transportation from housing to the site before the building 
or space is to be occupied or within a period of 6 months thereafter. 
Such a plan will also contain appropriate provisions designed 
affirmatively to further nondiscrimination in the sale and rental of 
housing on the basis of race, color, religion, or national origin. The 
Affirmative Action Plan will be prepared in accordance with section 9(g) 
of the HUD-GSA Memorandum of Understanding, and will include the 
following points:
    (1) The corrective actions specified by HUD under Sec. 101-19.101-
3(c).
    (2) Assurance of the relocating agency that, when the old and new 
facilities are within the same metropolitan area, transportation will be 
provided for their low- and moderate-income employees between the old 
facility or other suitable location and the new facility at the 
beginning and end of the scheduled workday until sufficient new housing 
is built accessible to the new facility, as provided in the affirmative 
action plan.
    (3) All agreements which constitute an Affirmative Action Plan will 
be set forth in writing and will be signed by the appropriate 
representatives of HUD, GSA, the Federal agency involved, community 
bodies and agencies, and other interests whose cooperation and/or 
participation will be necessary to fulfill the requirements of the plan.
    (b) The contents of the Affirmative Action Plan will be made public 
after the site selection decision has been made by GSA.
    (c) The HUD Regional Administrator shall be responsible for 
monitoring compliance with the written Affirmative Action Plan. In the 
event of noncompliance, HUD and GSA shall undertake appropriate action 
to secure compliance. The plan should provide for commitments from the 
community involved to initiate and carry out all feasible efforts to 
obtain a sufficient

[[Page 117]]

quantity of low- and moderate-income housing available to the agency's 
personnel on a nondiscriminatory basis with adequate access to the 
location of the building or space. It should include commitments by the 
local officials having the authority to remove obstacles to the 
provisions of such housing when such obstacles exist and to take 
effective steps to insure its provision. The plan should also set forth 
the steps proposed by the agency to develop and implement a counseling 
and referral service to seek out and assist personnel to obtain such 
housing. As part of any plan, during as well as after its development, 
HUD will give priority consideration to applications for assistance 
under its housing programs for the housing proposed to be provided in 
accordance with the plan.



Sec. 101-19.101-5  Agency compliance.

    (a) Agencies shall cooperate with the Administrator of General 
Services and provide such information as may be necessary effectively to 
comply with these regulations and to cooperate with the Secretary of 
Housing and Urban Development affirmatively to further the purposes of 
title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601).
    (b) As a minimum, agencies shall determine the number of positions 
by grade and an estimate of the number of employees whose jobs are being 
moved. Further details, such as family income and size, minority status, 
present home location, and status as head-of-household, may also be 
required depending upon the type, scope, and circumstances of the 
relocation. GSA will inform agencies concerning specific situations.
    (c) Federal agencies who will relocate shall provide counseling and 
referral service to assist their personnel in obtaining housing. GSA and 
HUD will cooperate in this effort.



          Subpart 101-19.2--Selection and Approval of Projects



Sec. 101-19.201  Determination of need.

    Construction and alteration projects will be selected by the 
Administrator of General Services based on a continuing investigation 
and survey of the public building needs of the Federal Government.



Sec. 101-19.202  Priority of projects.

    Projects shall be equitably distributed throughout the United States 
with due regard for the comparative urgency of the need for each project 
as determined by the Administrator of General Services.



Sec. 101-19.203  Approval of projects.

    (a) All public buildings construction and alteration projects 
involving an expenditure in excess of $500,000 shall require approval by 
the Committees on Public Works of the Senate and House of 
Representatives.
    (b) Federal agencies identifying a need for construction or 
alteration of a public building shall provide the necessary information, 
including description of the work, location, estimated maximum cost, and 
justification to the Administrator of General Services.
    (c) The Administrator of General Services shall submit prospectuses 
for approval of public buildings projects to the Committees on Public 
Works of the Congress.



Sec. 101-19.204  Cooperation and assistance of Federal agencies.

    (a) Federal agencies shall advise and cooperate in the compilation 
of information supporting a project. Such information shall include:
    (1) A statement of net space occupied in public buildings by the 
Federal agency in the community for which the project is intended, and 
an itemization of area in square feet allocated to each specific agency 
function.
    (2) A firm statement of entire space and facility requirements.
    (3) Detailed information on space requiring special structural or 
mechanical facilities. Special use facilities for special purpose needs 
such as built-in and fixed equipment for laboratory, clinical, and other 
special use purposes must be incorporated into the project prior to 
submission of the prospectus.
    (4) Identification of locations where space should be retained in 
preference to inclusion in the proposed project.
    (b) Space requirements shall be based on currently authorized 
personnel and

[[Page 118]]

program activities including information on major changes anticipated 
within the next 5 years.
    (c) Requested information shall be submitted within 60 days of the 
receipt of a request for such information.
    (d) Agencies will not be permitted to make changes in approved space 
layout drawings submitted to GSA for new buildings, following 
established terminal dates, except where subsequent unusual and 
compelling agency developments make changes necessary. Requests for such 
changes will be submitted, over the signature of the head of the 
department or agency, to the Administrator of General Services for 
consideration.



                  Subpart 101-19.3--Alteration Projects



Sec. 101-19.301  Emergency alteration projects.

    Necessary measures to insure the immediate protection of personnel 
and facilities and for the preservation of life and the avoidance of 
further property damage may be taken in an emergency prior to the 
submission of an alteration project prospectus.



Sec. 101-19.302  Prospectuses for reimbursable alteration projects.

    Reimbursable alteration project prospectuses will be prepared on an 
``as requested'' basis. A project which is to be financed in whole or in 
part from funds appropriated to the requesting agency may be performed 
without the approval of the Committes on Public Works when the agency 
appropriation from which payment is to be made is certified by that 
agency to be available without regard to the provisions of section 7 of 
the Public Buildings Act of 1959 (40 U.S.C. 606) and the GSA's portion 
of the estimated cost, if any, does not exceed $500,000.



                 Subpart 101-19.4--Construction Projects



Sec. 101-19.401  Contracting for construction.

    Contracting for construction services by GSA will be in accordance 
with chapter 1 (FPR) and chapter 5B (GSPR) of this title. The method 
used will be that most advantageous to the Government.



Sec. 101-19.402  Architectural and engineering services.

    (a) GSA will develop or acquire, by contract, designs and 
specifications for suitable buildings that will provide space that can 
be economically utilized and operated, and which are in harmony with 
surrounding structures in the community.
    (b) The contract services of qualified private architects or 
engineers will be utilized to the fullest extent compatible with the 
public interest in the performance of architectural or engineering 
services in connection with the preparation of drawings and 
specifications for GSA construction projects.
    (c) Executive agencies may contract for professional engineering, 
architectural, and landscape architectural services for projects which 
fall within the definition of a ``public building'' contained in section 
13 of the Public Buildings Act of 1959 (40 U.S.C. 612) only when the 
Administrator of General Services has delegated his responsibilities and 
authorities pursuant to section 15 of that Act (40 U.S.C. 614). (See 
Sec. 101-19.501 regarding delegations of authority.)



                Subpart 101-19.5--Delegation of Authority



Sec. 101-19.501  Conditions justifying delegation.

    The authorities and responsibilities of the Administrator of General 
Services under the provisions of the Public Buildings Act of 1959, as 
amended (40 U.S.C. 601-615), shall, except for the authority in section 
4 of that Act, upon request, be delegated to the appropriate executive 
agency where the estimated cost of the project does not exceed $100,000 
and may, in the Administrator's discretion, be delegated in cases 
exceeding that amount. (See section 15 of the Act.) When the estimated 
cost of the project exceeds $100,000, the following criteria will be 
applied in determining whether a delegation will be made:

[[Page 119]]

    (a) The staff capability of the requesting agency to negotiate and 
administer contracts for the various types of work involved; and
    (b) Whether such a delegation will promote efficiency and economy. 
See Sec. 101-19.402(c) regarding contracts for professional engineering 
and architectural services.



Sec. 101-19.502  Exercise of delegation.

    Delegated work shall be performed according to standards established 
by the Administrator of General Services. No such delegation of 
authority shall exempt the person to whom it is made, or the exercise of 
such authority, from any provision of the Public Buildings Act of 1959, 
as amended (40 U.S.C. 601-615).



     Subpart 101-19.6--Accommodations for the Physically Handicapped



Sec. 101-19.600  Scope of subpart.

    This subpart prescribes standards for the design, construction, 
lease, and alteration of buildings to ensure, whenever possible, that 
physically handicapped persons will have ready access to and use of such 
buildings. Recordkeeping and reporting requirements (see Secs. 101-
19.606 and 101-19.607) are prescribed for all projects subject to this 
subpart.

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

[43 FR 16479, Apr. 19, 1978]



Sec. 101-19.601  Authority and applicability.

    This subpart implements Public Law 90-480, approved August 12, 1968, 
as amended (42 U.S.C. 4151, et seq.). The standards prescribed herein 
shall apply to all Federal agencies and instrumentalities and to non-
Federal organizations to the extent provided in the Act.

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

[43 FR 16479, Apr. 19, 1978]



Sec. 101-19.602  Definitions.

    The following definitions shall apply to this subpart 101-19.6:
    (a) Building means any building or facility (other than a privately 
owned residential structure not leased by the Government for subsidized 
housing programs and any building or facility on a military installation 
designed and constructed primarily for use by able-bodied military 
personnel) the intended use for which will require either that the 
building or facility be accessible to the public or may result in the 
employment therein of physically handicapped persons, which is to be:
    (1) Constructed or altered by, or on behalf of, the United States 
after September 2, 1969;
    (2) Leased in whole or in part by the United States between August 
12, 1968, and December 31, 1976, if constructed or altered in accordance 
with plans and specifications of the United States;
    (3) Financed in whole or in part by a grant or a loan made by the 
United States after August 12, 1968, if the building or facility is 
subject to standards for design, construction, or alteration issued 
under authority of the law authorizing such a grant or loan;
    (4) Constructed under authority of the National Capital 
Transportation Act of 1960, the National Capital Transportation Act of 
1965, or title III of the Washington Metropolitan Area Transit 
Regulation Compact; or
    (5) Leased in whole or in part by the United States after January 1, 
1977, including any renewal, succeeding, or superseding lease.
    (b) Alteration means repairing, improving, remodeling, extending, or 
otherwise changing a building.
    (c) The terms bid and bidder shall be construed to include offer and 
offeror.

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

[39 FR 23214, June 27, 1974, as amended at 43 FR 16479, Apr. 19, 1978]



Sec. 101-19.603  Standards.

    Except as provided in Sec. 101-19.604, every building must be 
designed, constructed, or altered to meet the minimum requirements of 
the Uniform Federal Accessibility Standards (uniform standards) 
developed by the General Services Administration (GSA), the Department 
of Defense (DOD), the Department of Housing and Urban Development (HUD), 
and the United States Postal Service (USPS), in consultation with the 
Department of Health and Human Services. Departing

[[Page 120]]

from these standards by using other methods is permitted if it is clear 
that equal accessibility and usability of the facility are provided. 
Except as provided under Secs. 101-19.602 and 101-19.604, buildings 
designed, constructed, or altered before the effective date of this 
standard must meet the minimum standards in the GSA Accessibility 
Standard DG6 from October 14, 1980, to July 31, 1984, or the American 
Standard Specifications for Making Buildings and Facilities Accessible 
to and Usable by, the Physically Handicapped, published by the American 
National Standards Institute, Inc. (ANSI A117.1-1961) (R1971) from 
September 2, 1969, to October 13, 1980. Buildings under design are 
governed by the criteria of the uniform standards if the date bids were 
invited falls after the effective date of this rule.

[49 FR 31625, Aug. 7, 1984]



Sec. 101-19.604  Exceptions.

    The standards established in Sec. 101-19.603 shall not apply to:
    (a) The design, construction, alteration, or lease of any portion of 
a building which need not, because of its intended use, be made 
accessible to, or usable by, the public or by physically handicapped 
persons;
    (b) The alteration of an existing building if the alteration does 
not involve the installation of, or work on, existing stairs, doors, 
elevators, toilets, entrances, drinking fountains, floors, telephone 
locations, curbs, parking areas, or any other facilities susceptible of 
installation or improvements to accommodate the physically handicapped;
    (c) The alteration of an existing building, or of portions thereof, 
to which application of the standards is not structurally possible;
    (d) The construction or alteration of a building for which plans and 
specifications were completed or substantially completed on or before 
September 2, 1969: Provided, however, That any building defined in 
Sec. 101-19.602(a)(4) shall be designed, constructed, or altered in 
accordance with the standards prescribed in Sec. 101-19.603 regardless 
of design status or bid solicitation as of September 2, 1969; and
    (e) The leasing of space when it is found after receiving bids or 
offers not otherwise legally acceptable that a proposal meets most of 
the requirements of the Uniform Federal Accessibility Standards. If no 
offeror or bidder meets all the requirements, then preference must be 
given to the offeror or bidder who most nearly meets the standards in 
section 101-19.603. If the award is proposed for a firm other than the 
one that most nearly meets the Uniform Federal Accessibility Standards 
and whose bid or offer is reasonable in price and is otherwise legally 
acceptable, a waiver or modification of the standards must be obtained.

(Sec. 205 (c), 63 Stat. 1390, 40 U.S.C. 486(c))

[39 FR 23214, June 27, 1974, as amended at 43 FR 16479, Apr. 19, 1978; 
49 FR 31625, Aug. 7, 1984]



Sec. 101-19.605  Waiver or modification of standards.

    The applicability of the standards set forth in this subpart may be 
modified or waived on a case-by-case basis upon application to GSA by 
the head of the department, agency, or instrumentality of the United 
States concerned only if the Administrator of General Services 
determines that such waiver of modification is clearly necessary.



Sec. 101-19.606  Recordkeeping.

    The administering agency's file on each contract or grant for the 
design, construction, lease, or alteration of a building as defined in 
Sec. 101-19.602 shall be documented with a statement either:
    (a) That the standards are applicable to and have been or will be 
incorporated in the design, the construction, or the alteration, (b) 
that the grant has been or will be made subject to a requirement that 
the standards will be incorporated in the design, the construction, or 
the alteration; (c) that the standards have been waived by the 
Administrator of General Services (in which event the justification for 
the waiver shall be stated); (d) that the project is within one of the 
exceptions set out in Sec. 101-19.604 (the specific exception shall be 
identified and justified); or (e) such other statements as

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may be appropriate with respect to application of the standards to the 
contract or grant. The head of each agency shall be responsible for 
implementing the file documentation requirement by regulation or other 
appropriate means. The documentation shall be made available to the 
Administrator of General Services upon request.

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

[43 FR 16480, Apr. 19, 1978]



Sec. 101-19.607  Reporting.

    (a) Annually each administering agency shall prepare and submit to 
the Administrator of General Services reports covering all projects 
subject to the requirements of this subpart 101-19.6 for which funds 
have been appropriated or for which a contract, grant, or loan has been 
approved (whichever is applicable) and which are still under design or 
construction, or buildings for which lease contracts have been awarded. 
Once a project has been reported as being occupied, it need not be 
included in subsequent reports. Lease projects need to be reported only 
during the period in which the award was made. All reports should be 
prepared on GSA Form 2974, Status Report for Federally Funded or Leased 
Buildings--Accommodation of Physically Handicapped. Interagency reports 
control number 0031-GSA-AN has been assigned to this report.
    (b) The annual reporting period, for purposes of this requirement, 
ends on the last day of August. Reports will be due on the fifteenth 
calendar day of the following month. The initial report will cover 
facilities subject to this reporting requirement during the period from 
September 1, 1981, through August 31, 1982.
    (c) Reports will be used for surveys and investigations to ensure 
compliance with The Architectural Barriers Act, as amended, pursuant to 
the requirements of the act.

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

[44 FR 39393, July 6, 1979, as amended at 48 FR 15629, Apr. 12, 1983]

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[49 FR 31532 and 31625, Aug. 7, 1984, as amended at 50 FR 49046, Nov. 
29, 1985; 54 FR 12628, Mar. 28, 1989]

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Subparts 101-19.7--101-19.47 [Reserved]



                       Subpart 101-19.48--Exhibits



Sec. 101-19.4800  Scope of subpart.

    This subpart 101-19.48 illustrates information referred to in the 
text of part 101-19 but not suitable for inclusion elsewhere in that 
part.



Sec. 101-19.4801  Memorandum of understanding between the Department of Housing and Urban Development and the General Services Administration concerning low- 
          and moderate-income housing.

Memorandum of Understanding Between the Department of Housing and Urban 
Development and the General Services Administration Concerning Low- and 
                         Moderate-Income Housing

    Purpose. The purpose of the memorandum of understanding is to 
provide an effective, systematic arrangement under which the Federal 
Government, acting through HUD and GSA, will fulfill its 
responsibilities under law, and as a major employer, in accordance with 
the concepts of good management, to assure for its employees the 
availability of low- and moderate-income housing without discrimination 
because of race, color, religion, or national origin, and to consider 
the need for development and redevelopment of areas and the development 
of new communities and the impact on improving social and economic 
conditions in the area, whenever Federal Government facilities locate or 
relocate at new sites, and to use its resources and authority to aid in 
the achievement of these objectives.
    1. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601) 
states, in section 801, that ``It is the policy of the United States to 
provide, within constitutional limitations, for fair housing throughout 
the United States.'' Section 808(a) places the authority and 
responsibility for administering the Act in the Secretary of Housing and 
Urban Development. Section 808(d) requires all executive departments and 
agencies to administer their programs and activities relating to housing 
and urban development in a manner affirmatively to further the purposes 
of title VIII (fair housing) and to cooperate with the Secretary to 
further such purposes. Section 808(e)(5) provides that the Secretary of 
HUD shall administer the programs and activities relating to housing and 
urban development in a manner affirmatively to further the policies of 
title VIII.
    2. Section 2 of the Housing Act of 1949 (42 U.S.C. 1441) declares 
the national policy of ``* * * the realization as soon as feasible of 
the goal of a decent home and a suitable living environment for every 
American family * * *.'' This goal was reaffirmed in the Housing and 
Urban Development Act of 1968 (sections 2 and 1601; 12 U.S.C. 1701t and 
42 U.S.C. 1441a).
    3. By virtue of the Public Buildings Act of 1959, as amended; the 
Federal Property and Administrative Services Act of 1949, as amended; 
and Reorganization Plan No. 18 of 1950, the Administrator of General 
Services is given certain authority and responsibility in connection 
with planning, developing, and constructing Government-owned public 
buildings for housing Federal agencies, and for acquiring leased space 
for Federal agency use.
    4. Executive Order 11512, February 27, 1970, sets forth the policies 
by which the Administrator of General Services and the heads of 
executive agencies will be guided in the acquisition of both federally 
owned and leased office buildings and space.
    5. While Executive Order No. 11512 provides that material 
consideration will be given to the efficient performance of the missions 
and programs of the executive agencies and the nature and functions of 
the facilities involved, there are six other guidelines set forth, 
including:
    The need for development and redevelopment of areas and the 
development of new communities, and the impact a selection will have on 
improving social and economic conditions in the area; and
    The availability of adequate low- and moderate-income housing, 
adequate access from other areas of the urban center, and adequacy of 
parking.
    6. General Services Administration (GSA) recognizes its 
responsibility, in all its determinations with respect to the 
construction of Federal buildings and the acquisition of leased space, 
to consider to the maximum possible extent the availability of low- and 
moderate-income housing without discrimination because of race, color, 
religion, or national origin, in accordance with its duty affirmatively 
to further the purposes of title VIII of the Civil Rights Act of 1968 
and with the authorities referred to in paragraph 2 above, and the 
guidelines referred to in paragraph 5 above, and consistent with the 
authorities cited in paragraphs 3 and 4 above. In connection with the 
foregoing statement, it is recognized that all the guidelines must be 
considered in each case, with the ultimate decision to be made by the 
Administrator of General Services upon his determination that such 
decision will improve the management and administration of governmental 
activities and services, and will foster the programs and policies of 
the Federal Government.
    7. In addition to its fair housing responsibilities, the 
responsibilities of HUD include

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assisting in the development of the Nation's housing supply through 
programs of mortgage insurance, home ownership and rental housing 
assistance, rent supplements, below market interest rates, and low-rent 
public housing. Additional HUD program responsibilities which relate or 
impinge upon housing and community development include comprehensive 
planning assistance, metropolitan area planning coordination, new 
communities, relocation, urban renewal, model cities, rehabilitation 
loans and grants, neighborhood facilities grants, water and sewer 
grants, open space, public facilities loans, Operation BREAKTHROUGH, 
code enforcement, workable programs, and others.
    8. In view of its responsibilities described in paragraphs 1 and 7 
above, HUD possesses the necessary expertise to investigate, determine, 
and report to GSA on the availability of low- and moderate-income 
housing on a nondiscriminatory basis and to make findings as to such 
availability with respect to proposed locations for a federally-
constructed building or leased space which would be consistent with such 
reports. HUD also possesses the necessary expertise to advise GSA and 
other Federal agencies with respect to actions which would increase the 
availability of low- and moderate-income housing on a nondiscriminatory 
basis, once a site has been selected for a federally-constructed 
building or a lease executed for space, as well as to assist in 
increasing the availability of such housing through its own programs 
such as those described in paragraph 7 above.
    9. HUD and GSA agree that:
    (a) GSA will pursue the achievement of low- and moderate-income 
housing objectives and fair housing objectives, in accordance with its 
responsibilities recognized in paragraph 6 above, in all determinations, 
tentative and final, with respect to the location of both federally 
constructed buildings and leased buildings and space, and will make all 
reasonable efforts to make this policy known to all persons, 
organizations, agencies and others concerned with federally owned and 
leased buildings and space in a manner which will aid in achieving such 
objectives.
    (b) In view of the importance to the achievement of the objectives 
of this memorandum of agreement of the initial selection of a city or 
delineation of a general area for location of public buildings or leased 
space, GSA will provide the earliest possible notice to HUD of 
information with respect to such decisions so that HUD can carry out its 
responsibilities under this memorandum of agreement as effectively as 
possible.
    (c) Government-owned Public Buildings Projects:
    (1) In the planning for each new public buildings project under the 
Public Buildings Act of 1959, during the survey preliminary to the 
preparation and submission of a project development report, 
representatives of the regional office of GSA in which the project is 
proposed will consult with, and receive advice from, the regional office 
of HUD, and local planning and housing authorities concerning the 
present and planned availability of low- and moderate-income housing on 
a nondiscriminatory basis in the area where the project is to be 
located. Such advice will constitute the principal basis for GSA's 
consideration of the availability of such housing in accordance with 
paragraphs 6 and 9(a). A copy of the prospectus for each project which 
is authorized by the Committees on Public Works of the Congress in 
accordance with the requirements of section 7(a) of the Public Buildings 
Act of 1959, will be provided to HUD.
    (2) When a site investigation for an authorized public buildings 
project is conducted by regional representatives of GSA to identify a 
site on which the public building will be constructed, a representative 
from the regional office of HUD will participate in the site 
investigation for the purposes of providing a report on the availability 
of low- and moderate-income housing on a nondiscriminatory basis in the 
area of the investigation. Such report will constitute the principal 
basis for GSA's consideration of the availability of such housing in 
accordance with paragraphs 6 and 9(a).
    (d) Major lease actions having a significant socioeconomic impact on 
a community: At the time GSA and the agencies who will occupy the space 
have tentatively delineated the general area in which the leased space 
must be located in order that the agencies may effectively perform their 
missions and programs, the regional representative of HUD will be 
consulted by the regional representative of GSA who is responsible for 
the leasing action to obtain advice from HUD concerning the availability 
of low- and moderate-income housing on a nondiscriminatory basis to the 
delineated area. Such advice will constitute the principal basis for 
GSA's consideration of the availability of such housing in accordance 
with paragraphs 6 and 9(a). Copies of lease-construction prospectuses 
approved by the Committees on Public Works of the Congress in conformity 
with the provisions of the Independent Offices and Department of Housing 
and Urban Development appropriation acts, will be provided to HUD.
    (e) GSA and HUD will each issue internal operating procedures to 
implement this memorandum of understanding within a reasonable time 
after its execution. These procedures shall recognize the right of HUD, 
in the event of a disagreement between HUD and GSA representatives at 
the area or regional level, to bring such disagreement to

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the attention of GSA officials at headquarters in sufficient time to 
assure full consideration of HUD's views, prior to the making of a 
determination by GSA.
    (f) In the event a decision is made by GSA as to the location of a 
federally constructed building or leased space, and HUD has made 
findings, expressed in the advice given or a report made to GSA, that 
the availability to such location of low- and moderate-income housing on 
a nondiscriminatory basis is inadequate, the GSA shall provide the DHUD 
with a written explanation why the location was selected.
    (g) Whenever the advice or report provided by HUD in accordance with 
paragraph 9(c)(1), 9(c)(2), or 9(d) with respect to an area or site 
indicates that the supply of low-and moderate-income housing on a 
nondiscriminatory basis is inadequate to meet the needs of the personnel 
of the agency involved, GSA and HUD will develop an affirmative action 
plan designed to insure that an adequate supply of such housing will be 
available before the building or space is to be occupied or within a 
period of 6 months thereafter. The plan should provide for commitments 
from the community involved to initiate and carry out all feasible 
efforts to obtain a sufficient quantity of low- and moderate-income 
housing available to the agency's personnel on a nondiscriminatory basis 
with adequate access to the location of the building or space. It should 
include commitments by the local officials having the authority to 
remove obstacles to the provision of such housing, when such obstacles 
exist, and to take effective steps to assure its provision. The plan 
should also set forth the steps proposed by the agency to develop and 
implement a counseling and referral service to seek out and assist its 
personnel to obtain such housinng. As part of any plan during, as well 
as after its development, HUD agrees to give priority consideration to 
applications for assistance under its housing programs for the housing 
proposed to be provided in accordance with the plan.
    10. This memorandum will be reviewed at the end of 1 year, and 
modified to incorporate any provision necessary to improve its 
effectiveness in light of actual experience.



                Subpart 101-19.49--Illustration of Forms



Sec. 101-19.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other parts of part 101-19.



Sec. 101-19.4901  [Reserved]



Sec. 101-19.4902  GSA forms.

    (a) The GSA forms are illustrated in this Sec. 101-19.4902 to show 
their text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
GSA form numbers.
    (b) Agency field offices may obtain their initial supply of GSA Form 
2974, Status Report for Federally Funded or Leased Buildings--
Accommodation of Physically Handicapped, November 1981, from General 
Services Administration (WBRDD), Union and Franklin Streets Annex, 
Building 11, Alexandria, VA 22314. Agency field offices should submit 
all future requirements to their Washington headquarters office, which 
will then forward consolidated annual requirements to General Services 
Administration (ORA) Washington, DC 20405.

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

[39 FR 23214, June 27, 1974, as amended at 48 FR 15629, Apr. 12, 1983]



Sec. 101-19.4902-2974  GSA Form 2974, Status Report for Federally Funded or Leased Buildings--Accommodation of Physically Handicapped.

    Note: The form illustrated in this Sec. 101-19.4902-2974 is filed 
with the original document and does not appear in this volume.

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

[48 FR 15629, Apr. 12, 1983]



PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS--Table of Contents




Sec.
101-20.000  Scope of part.
101-20.001  Authority.
101-20.002  Basic policy.
101-20.002-1  Government-owned buildings.
101-20.002-2  Leased buildings.
101-20.003  Definitions.

   Subpart 101-20.1-Building Operations, Maintenance, Protection, and 
                               Alterations

101-20.101  Building systems.
101-20.102  Cleaning and maintenance.
101-20.103  Physical protection and building security.
101-20.103-1  Standard protection.
101-20.103-2  Special protection.
101-20.103--3  Responsibilities of occupant agencies.

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101-20.103-4  Occupant Emergency Program.
101-20.103-5  Initiating action under Occupant Emergency Programs.
101-20.104  Parking facilities.
101-20.104-1  Allocation and assignment of parking for official needs.
101-20.104-2  Allocation and assignment of employee parking spaces.
101-20.104-3  Utilization of parking.
101-20.104-4  Guidelines for agency implementation.
101-20.105  Accident and fire prevention.
101-20.105-1  Responsibilities of occupant agencies.
101-20.105-2  Correction of hazardous conditions.
101-20.105-3  Smoking.
101-20.106  Reimbursable services.
101-20.106-1  Placing of orders for reimbursable alterations by occupant 
          agencies.
101-20.106-2  Limitations on provision of reimbursable services by GSA.
101-20.107  Energy conservation.
101-20.108  Staggered hours of duty.
101-20.109  Concessions.

      Subpart 101-20.2--Vending Facility Program for Blind Persons

101-20.200  Scope of subpart.
101-20.201  Policy.
101-20.202  Establishing vending facilities.
101-20.203  Application for permit.
101-20.204  Terms of permit.
101-20.205  Enforcement procedures.
101-20.206  Reports.

              Subpart 101-20.3--Conduct on Federal Property

101-20.300  Applicability.
101-20.301  Inspection.
101-20.302  Admission to property.
101-20.303  Preservation of property.
101-20.304  Conformity with signs and directions.
101-20.305  Disturbances.
101-20.306  Gambling.
101-20.307  Alcoholic beverages and narcotics.
101-20.308  Soliciting, vending, and debt collection.
101-20.309  Posting and distributing materials.
101-20.310  Photographs for news, advertising, or commercial purposes.
101-20.311  Dogs and other animals.
101-20.312  Vehicular and pedestrian traffic.
101-20.313  Explosives.
101-20.314  Nondiscrimination.
101-20.315  Penalties and other laws.

          Subpart 101-20.4--Occasional Use of Public Buildings

101-20.400  Scope of subpart.
101-20.401  Applications for permits.
101-20.402  Permits.
101-20.403  Disapproval of applications or cancellation of permits.
101-20.404  Appeals.
101-20.405  Schedules of use.
101-20.406  Hours of use.
101-20.407  Services and costs.
101-20.408  Conduct.
101-20.409  Non-affiliation with the Government.

    Subpart 101-20.5--Sidewalk Installation, Repair, and Replacement

101-20.500  Scope of subpart.
101-20.501  Responsibilities.
101-20.502  Standards.

    Authority: 40 U.S.C. 486(c).

    Source: 52 FR 11263, Apr. 8, 1987, unless otherwise noted.



Sec. 101-20.000  Scope of part.

    (a) The regulations in this part prescribe policies and procedures 
for the management, operation, protection, and maintenance of 
Government-owned and- leased buildings and grounds under the assignment 
responsibility of GSA.
    (b) For more information on the management of buildings and grounds, 
see 41 CFR parts 102-71 through 102-82. To the extent that any policy 
statements in this part are inconsistent with the policy statements in 
41 CFR parts 102-71 through 102-82, the policy statements in 41 CFR 
parts 102-71 through 102-82 are controlling.

[52 FR 11263, Apr. 8, 1987, as amended at 66 FR 5359, Jan. 18, 2001]



Sec. 101-20.001  Authority.

    This part 101-20 implements the Act of July 1, 1898 (40 U.S.C. 285); 
the Act of April 28, 1902 (40 U.S.C. 19); the Act of March 1, 1919 (40 
U.S.C. 1); the Act of June 23, 1923 (40 U.S.C. 281); the Act of May 27, 
1924 (D.C. Code, 1961 ed., 4-208); the Act of June 20, 1936 (20 U.S.C. 
107 et seq.); the Act of December 10, 1941 (40 U.S.C. 291); the Act of 
May 14, 1948 (40 U.S.C. 130); the Act of June 1, 1948 (40 U.S.C. 318 et 
seq.); the Federal Property and Administrative Services Act of 1949 (63 
Stat. 377 as amended); the Reorganization Plan No. 18 of 1950 (40 U.S.C. 
490 note; 3 CFR); the Public Buildings Act of 1950 (73 Stat. 479) as 
amended; and the Public Buildings Amendments of 1972 (40 U.S.C. 602a).

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Sec. 101-20.002  Basic policy.

    It is the responsibility of GSA to provide or otherwise arrange for 
all services required to house occupant agencies. GSA shall provide 
fully service space equivalent to that furnished in commercial practice.



Sec. 101-20.002-1  Government-owned buildings.

    (a) GSA will provide space alterations, repairs, and improvements 
sufficient to meet the mission requirements of occupant agencies, 
including mechanical and electrical systems which meet nationally 
recognized standards, within the limitations of available funding. When 
alterations are required, alterations which are essential for 
performance of agency missions or which improve the utilization rate 
shall be given priority over other alterations. Alterations solely for 
decorative or non-essential purposes shall be avoided.
    (b) GSA will ensure that space assigned to agencies is safe and that 
employees and visitors are not exposed to unnecessary risks.
    (c) Buildings will be cleaned and maintained at a service level 
equivalent to that normally furnished commercially in similar space.
    (d) GSA will make every effort to provide or arrange for a 
reasonable amount of protective services to ensure the physical security 
of occupants and visitors, to safeguard the Government's property 
interests, and to maintain order.
    (e) GSA shall ensure that physically handicapped persons will have 
ready access to space assigned to occupant agencies. GSA shall provide 
building standards and shall prescribe and enforce appropriate 
guidelines in accordance with applicable statutes, regulations and 
executive orders.
    (f) GSA is responsible for ensuring the availability of parking 
spaces for officials needs. Parking priorities are as established in 
Sec. 101-20.104.
    (g) Services in addition to those normally provided in the 
commercial sector shall be arranged by GSA on a reimbursable basis, as 
provided in Sec. 101-20.106.
    (h) GSA may, by agreement with occupant agencies, delegate authority 
to perform specified functions with respect to the operation, 
maintenance or repair of GSA-assigned space.
    (i) GSA will maintain a comprehensive energy management program to 
reduce energy consumption and costs in Federal buildings. GSA will apply 
energy-efficient and economical operating and maintenance procedures, 
will make cost-effective repairs and alterations, will incorporate 
design features which will minimize the life cycle cost of buildings, 
and will ensure continuity of services through contingency planning.
    (j) Occupant agencies shall assist in the management of buildings by 
exercising economy in the use of utilities, by observing professional 
standards of neatness and cleanliness, and by taking all reasonable 
precautions to avoid the risk of accidents and fires. Occupant agencies 
shall also document and report to GSA any hazardous or unhealthy 
conditions in GSA-assigned space.
    (k) Consultations with occupant agencies and their safety 
representatives will be held whenever substantial alterations or repairs 
are proposed to be undertaken, or when GSA proposes to make significant 
changes to the standard level of services. GSA will consider the 
comments of occupant agencies before final decisions are made. GSA will 
make every reasonable effort to involve representatives of occupant 
agencies in the planning for such proposed alterations, repairs, and 
changes in services.
    (l) It is the general policy of GSA to provide space and systems 
which substantially conform to nationally recognized standards, when 
applicable. GSA may, however, adopt other standards for space and 
systems in Federally-controlled facilities in order to conform to 
diverse statutory requirements, to implement cost-reduction efforts, or 
to better effect overall Government objectives.



Sec. 101-20.002-2  Leased buildings.

    (a) Standards for space and services in leased buildings will be 
equivalent to standards for Government-owned

[[Page 215]]

space. However, the scope of the functions performed by GSA will be 
modified to reflect the lessor's responsibilities for operations, 
maintenance and protection under the terms of the lease.
    (b) Alterations, improvements and repairs in leased buildings shall 
be performed by GSA to the extent of the Government's responsibility 
under the lease. Such alterations shall not, however, exceed the 
limitations of the Economy Act (40 U.S.C. 278(a)) except as otherwise 
provided by law.
    (c) Occupant agencies are not authorized to negotiate with lessors 
or to place orders for alterations or building services, except where 
such authority has been specifically delegated by GSA, and except as 
provided in Sec. 101-20.106-2 regarding reimbursable services.



Sec. 101-20.003  Definitions.

    (a) Alteration means remodeling, improving, extending, or making 
other changes to a facility, exclusive of maintenance repairs which are 
preventive in nature. The term includes planning, engineering, 
architectural work, and other similar actions.
    (b) Blanket work authorization means an open-end agreement with an 
agency with an agreed upon maximum dollar ceiling where there is an on-
going account for processing small requests for reimbursable services. 
The need for the service is clearly recognized, but exactly when the 
service must be rendered during the fiscal year is unclear.
    (c) Carpool means a group of two or more people regularly using a 
motor vehicle for transportation to and from work on a continuing basis, 
regardless of their relationship to each other. The number of persons in 
a carpool will normally be the basis for priority of assignments.
    (d) Commercial activities, within the meaning of subpart 101-20.4, 
are activities undertaken for the primary purpose of producing a profit 
for the benefit of an individual or organization organized for profit. 
(Activities where commercial aspects are incidental to the primary 
purpose of expression of ideas or advocacy of causes are not 
``commercial activities'' for purposes of these regulations.)
    (e) Crime prevention assessments are formal, on-site reviews which 
consist of a detailed survey, review, and analysis of an occupant 
agency's vulnerability to criminal activity. In addition to the normal 
process of a physical security survey, it involves an intensive review 
of an occupant's and/or building's operation and administrative 
procedures. It is designed to identify specific weaknesses and to 
recommend cost-effective, positive steps to Federal managers in dealing 
with criminal threats and occurrences.
    (f) Cultural activities include, but are not limited to, films 
dramatics dances, and musical presentations, and fine art exhibits, 
whether or not these activities are intended to make a profit.
    (g) The Designated Official is the highest ranking official of the 
primary occupant agency of a Federal facility; or, alternatively, a 
designee selected by mutual agreement of occupant agency officials.
    (h) Educational activities mean activities such as (but not limited 
to) the operation of schools, libraries, day care centers, laboratories, 
and lecture or demonstration facilities.
    (i) The term emergency includes bombings and bomb threats, civil 
disturbances, fires, explosions, electrical failures, loss of water 
pressure, chemical and gas leaks, medical emergencies, hurricanes, 
tornadoes, floods, and earthquakes. The term does not apply to civil 
defense matters such as potential or actual enemy attacks. Note: Civil 
defense emergencies are addressed by the Federal Emergency Management 
Agency.
    (j) Executive means a Government employee with management 
responsibilities which, in the judgment of the employing agency head or 
his/her designee, require preferential assignment of parking privileges.
    (k) Flame-resistant means meeting performance standards as described 
by the National Fire Protection Association (NFPA Standard No. 701). 
Fabrics labeled with the Underwriters Laboratories Inc. classification 
marking for flammability are deemed to be flame-resistant for purposes 
of this regulation.
    (l) Foot-candle is the illumination on a surface one square foot in 
area on

[[Page 216]]

which there is a uniformly distributed flux of one lumen, or the 
illuminance produced on a surface all points of which are at a distance 
of one foot from a directionally uniform point source of one candela.
    (m) GSA Regional Officer, within the meaning of subpart 101-20.4, 
means the regional director of the Buildings Management Division of GSA 
designated to supervise the implementation of the Public Buildings 
Cooperative Use Act's occasional use provisions.
    (n) Handicapped employee means an employee who has a severe, 
permanent impairment which for all practical purposes precludes the use 
of public transportation, or an employee who is unable to operate a car 
as a result of permanent impairment who is driven to work by another. 
Priority may require certification by an agency medical unit, including 
the Veterans Administration or the Public Health Service.
    (o) Indefinite quantity contract (commonly referred to as ``term 
contract'') provides for the furnishing of an indefinite quantity, 
within stated limits, of specific property or services during a 
specified contract period, with deliveries to be scheduled by the timely 
placement of orders upon the contractor by activities designated either 
specifically or by class.
    (p) Life cycle cost is the total cost of owning, operating, and 
maintaining a building over its useful life, including its fuel and 
energy costs, determined on the basis of a systematic evaluation and 
comparison of alternative building systems; except that in the case of 
leased buildings, the life cycle cost shall be calculated over the 
effective remaining term of the lease.
    (q) Limited combustible means rigid materials or assemblies which 
have fire hazard ratings not exceeding 25 for flame spread and 150 for 
smoke development when tested in accordance with the American Society 
for Testing and Materials, Test E 84, Surface Burning Characteristics of 
Building Materials.
    (r) Maintenance means preservation by inspection, adjustment, 
lubrication, cleaning, and the making of minor repairs. Ordinary 
maintenance means routine recurring work which is incidental to everyday 
operations; preventive maintenance means work programmed at scheduled 
intervals.
    (s) The term nationally recognized standards encompasses any 
standard or modification thereof which:
    (1) Has been adopted and promulgated by a nationally recognized 
standards-producing organization under procedures whereby those 
interested and affected by it have reached substantial agreement on its 
adoption, or
    (2) Was formulated through consultation by appropriate Federal 
agencies in a manner which afforded an opportunity for diverse views to 
be considered.
    (t) Normally furnished commercially means in conformance with the 
level of services provided by a commercial building operator for space 
of comparable quality, housing tenants with comparable requirements. 
Service levels are based on the effort required to service space for a 
five-day week, one eight-hour shift schedule.
    (u) Occupant agency means an organization which is assigned space in 
a facility under GSA's custody and control through the formal procedures 
outlined in part 101-17 of the Federal Property Management Regulations.
    (v) Occupancy Emergency Organization means the emergency response 
organization comprised of employees of Federal agencies designated to 
perform the requirements established by the Occupant Emergency Plan.
    (w) Occupant Emergency Plan means procedures developed to protect 
life and property in a specific Federally-occupied space under 
stipulated emergency conditions.
    (x) Occupant Emergency Program means a short-term emergency response 
program. It establishes procedures for safeguarding lives and property 
during emergencies in particular facilities.
    (y) Postal vehicle means a Government-owned vehicle used for the 
transportation of mail, or a privately owned vehicle used under contract 
for the transportation of mail.
    (z) Public area means any area of a building under the control and 
custody of GSA which is ordinarily open to members of the public, 
including lobbies, courtyards, auditoriums, meeting

[[Page 217]]

rooms, and other such areas not assigned to a lessee or occupant agency.
    (aa) Recognized labor organization means a labor organization 
recognized under title VII of the Civil Service Reform Act of 1978 
(Public Law 95-454) governing labor-management relations.
    (bb) Recreational activities include, but are not limited to, the 
operations of gymnasiums and related facilities.
    (cc) Ridesharing means the sharing of the commute to and from work 
by two or more people, on a continuing basis, regardless of their 
relationship to each other, in any mode of transportation including, but 
not limited to, carpools, vanpools, buspools and mass transit.
    (dd) Special space alterations are those alterations required by 
occupant agencies that are beyond those standard alterations provided by 
GSA under the SLUC system and are reimbursable from the requesting 
agency.
    (ee) State means the fifty States, political subdivisions thereof, 
the District of Columbia, the Commonwealths of Puerto Rico and Guam, and 
the territories and possessions of the United States.
    (ff) Unit price agreement provides for the furnishing of an 
indefinite quantity, within stated limits, of specific property or 
services at a specified price, during a specified contract period, with 
deliveries to be scheduled by the timely placement of orders upon the 
lessor by activities designated either specifically or by class.
    (gg) Unusual hours means work hours that are frequently required to 
be varied and do not coincide with any regular work schedule. This 
category includes individuals who regularly or frequently work 
significantly more than 8 hours per day. Unusual hours does not include 
shift workers, those on alternate work schedules, and those granted 
exceptions to the normal work schedule (e.g., flex-time).
    (hh) Vanpool means a group of at least 8 persons using a passenger 
van or a commuter bus designed to carry 10 or more passengers. Such a 
vehicle must be used for transportation to and from work in a single 
daily round trip. The number of persons in a vanpool will normally be 
the basis for priority of assignments.
    (ii) Zonal allocations means the allocation of parking spaces on the 
basis of zones established by GSA in conjunction with occupant agencies. 
In metropolitan areas where this method is used, all agencies located in 
a designated zone will compete for available parking in accordance with 
instructions issued by GSA. In establishing this procedure, GSA will 
consult with all affected agencies.



  Subpart 101-20.1--Building Operations, Maintenance, Protection, and 
                               Alterations



Sec. 101-20.101  Building systems.

    (a) Structural features and mechanical and electrical systems in 
GSA-assigned space shall be adequate for the needs of occupant agencies. 
Such systems will comply with applicable GSA fire safety criteria and 
with standards prescribed under the Occupational Safety & Health Act 
(OSHA). GSA will take all measures necessary to comply with energy 
conservation objectives as promulgated by relevant statutes, 
regulations, and executive orders.
    (b) No modification shall be made to buildings, or equipment which 
will exceed the building design loads or exceed the capacities of 
electrical, mechanical, and protection systems. No modifications which 
adversely alter the performance of building systems, or which create 
safety and health hazards, as determined by GSA safety and health 
representatives, shall be made.
    (c) Occupant agencies shall obtain GSA approval for any 
modifications proposed to be made with their own forces. This approval 
requirement applies to the moving or installation of unusually heavy 
equipment, to electrical appliances such as heaters, refrigerators, and 
cooking equipment, and to employee-owned equipment.
    (d) Occupant agencies shall conform to GSA accident and fire 
prevention policy, shall observe all OSHA requirements, and shall comply 
with applicable local safety regulations.



Sec. 101-20.102  Cleaning and maintenance.

    GSA shall provide:

[[Page 218]]

    (a) Cleaning for all assigned space at a level equivalent to the 
cleaning furnished commercially for similar types of space.
    (b) Maintenance of building systems for heating and cooling, and 
maintenance of plumbing, electrical, and elevator systems.
    (c) Maintenance and repairs of exterior, grounds, sidewalks, 
driveways, and parking areas.
    (d) Maintenance of building equipment such as directory boards, 
clock systems, window shades, door locks, and door title cards.
    (e) [Reserved]
    (f) Maintenance of all safety and fire protection devices, 
equipment, and systems in a state of readiness in conformance with 
applicable laws, regulations, and standards.
    (g) Maintenance of all food service activities in accordance with 
applicable U.S. Public Health Service standards and local regulations.
    (h) Arrangements for raising and lowering the United States flags at 
appropriate times.

[52 FR 11263, Apr. 8, 1987, as amended at 66 FR 23169, May 8, 2001]



Sec. 101-20.103  Physical protection and building security.



Sec. 101-20.103-1  Standard protection.

    For properties under its custody and control, GSA will provide 
standard protection services by:
    (a) Responding to criminal occurrences, incidents, and 
lifethreatening events through the use of Federal Protective Officers 
and local law enforcement officers where a response agreement is in 
effect.
    (b) Installing and maintaining perimeter security devices and 
systems if they are monitored to provide timely response by authorized 
personnel;
    (c) Implementing crime prevention activities, including tenant 
awareness programs;
    (d) Investigating crimes and violations of Federal statutes, 
recording and evaluating reports of criminal incidents, and referring 
findings and evidence to appropriate enforcement agencies;
    (e) Entering into cooperative agreements with local law enforcement 
agencies;
    (f) Performing physical security surveys and providing security 
advisory services; or
    (g) Coordinating a comprehensive Occupant Emergency Program.
    (h) Periodically evaluating the effectiveness of protection services 
by in-depth inspections of procedures and records.



Sec. 101-20.103-2  Special protection.

    The degree of protection beyond standard levels required by the 
nature of an agency's activities or by unusual public reaction to an 
agency's programs will be determined jointly by GSA and the occupant 
agency. Special protection will be provided on a reimbursable basis. The 
level of special protection will be determined on a facility-by-facility 
basis, after the conducting of appropriate security surveys and crime 
prevention assessments. In such determinations, GSA and occupant 
agencies will consider:
    (a) The characteristics of the facility, including size, 
configuration, exterior lighting, and presence of physical barriers;
    (b) The location of the facility and the history of criminal or 
disruptive incidents in the surrounding neighborhoods; and
    (c) The reimbursable funding and resources available to GSA for 
provision of protective service.
    (d) Tenant agency's mission.



Sec. 101-20.103-3  Responsibilities of occupant agencies.

    Occupants of facilities under the custody and control of GSA shall:
    (a) Cooperate to the fullest extent with all pertinent facility 
procedures and regulations;
    (b) Promptly report all crimes and suspicious circumstances 
occurring on GSA-controlled property to the regional Law Enforcement 
Branch and other designated law enforcement agencies and then through 
internal agency channels;
    (c) Provide training to employees regarding protection and responses 
to emergency situations; and

[[Page 219]]

    (d) Make recommendations for improving the effectiveness of 
protection in Federal facilities.



Sec. 101-20.103-4  Occupant Emergency Program.

    (a) The Designated Official (as defined in Sec. 101-20.003(g)) is 
responsible for developing, implementing, and maintaining an Occupant 
Emergency Plan (as defined in Sec. 101-20.003(w)). The Designated 
Official's responsibilities include establishing, staffing, and training 
an Occupant Emergency Organization with agency employees. GSA shall 
assist in the establishment and maintenance of such plans and 
organizations.
    (b) All occupant agencies of a facility shall fully cooperate with 
the Designated Official in the implementation of the emergency plans and 
the staffing of the emergency organization.
    (c) GSA shall provide emergency program policy guidance, shall 
review plans and organizations annually, shall assist in training of 
personnel, and shall otherwise ensure proper administration of Occupant 
Emergency Programs (as defined in Sec. 101-20.003(x)). In leased space, 
GSA will solicit the assistance of the lessor in the establishment and 
implementation of plans.
    (d) In accordance with established criteria, GSA shall assist the 
Occupant Emergency Organization (as defined in Sec. 101-20.003(v)) by 
providing technical personnel qualified in the operation of utility 
systems and protective equipment.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]



Sec. 101-20.103-5  Initiating action under Occupant Emergency Programs.

    (a) The decision to activate the Occupant Emergency Organization 
shall be made by the Designated Official, or by the designated alternate 
official. Decisions to activate shall be based upon the best available 
information, including an understanding of local tensions, the 
sensitivity of target agency(ies), and previous experience with similar 
situations. Advice shall be solicited, when possible, from the GSA 
buildings manager, from the appropriate Federal Protective Service 
official, and from Federal, State, and local law enforcement agencies.
    (b) When there is immediate danger to persons or property, such as 
fire, explosion, or the discovery of an explosive device (not including 
a bomb threat), occupants shall be evacuated or relocated in accordance 
with the plan without consultation. This shall be accomplished by 
sounding the fire alarm system or by other appropriate means.
    (c) When there is advance notice of an emergency, the Designated 
Official shall initiate appropriate action according to the plan.
    (d) After normal duty hours, the senior Federal official present 
shall represent the Designated Official or his/her alternates and shall 
initiate action to cope with emergencies in accordance with the plans.



Sec. 101-20.104  Parking facilities.

    (a) Parking facilities shall be compatible with the character of 
neighborhoods and consistent with local planning requirements. They 
shall not adversely affect the use or appearance of property, and shall 
not create traffic hazards.
    (b) As necessary or upon agency request, GSA may provide for the 
regulation and policing of parking facilities. GSA will consult with 
primary occupant agencies prior to implementing procedural changes. Such 
regulation and policing may include:
    (1) The issuance of traffic rules and regulations;
    (2) The installation of signs and markings for traffic control. 
(Signs and markings shall be in conformance with the Manual on Uniform 
Traffic Control Devices published by the Department of Transportation);
    (3) The issuance of citations for parking violations; and
    (4) The immobilization or removal of illegally parked vehicles.
    (c) When the use of parking space is controlled as in paragraph (b) 
of this section, all privately owned vehicles other than those 
authorized to use designated visitor or service areas must display a 
parking permit. This requirement may be waived in parking facilities 
where the number of available space regularly exceeds the demand for 
such spaces.

[[Page 220]]

    (d) GSA may delegate the responsibility for management, regulation, 
and policing of parking facilities by agreement with occupant agencies 
or by contractual arrangements with lessors or parking management 
contractors. Where possible, existing contracts shall be amended or 
modified before renewal to conform with the policies of this regulation.
    (e) Privately owned vehicles converted for propane carburetion will 
not be permitted in underground parking facilities unless the owner 
provides to the occupant agency and the GSA buildings manager the 
installer's certification that the installation methods and equipment 
meet the standards in National Fire Protection Association (NFPA) 
Standard No. 58.



Sec. 101-20.104-1  Allocation and assignment of parking for official needs.

    GSA is responsible for ensuring the availability of parking spaces 
for official needs. GSA may, by mutual agreement, delegate allocation 
and assignment responsibilities to occupant agencies or boards, 
commissions, and similar groups. GSA and other agencies with assignment 
responsibilities shall determine the appropriate number of spaces at 
each facility for official purposes; such determinations will be based 
upon submissions of information from occupant agencies regarding their 
needs. Parking spaces in controlled facilities shall first be reserved 
for official needs, in the following order of priority:
    (a) At buildings containing U.S. Postal Service mailing operations, 
official postal vehicles.
    (b) Government-owned vehicles used for criminal apprehension, 
firefighting, and other emergency functions.
    (c) Privately owned vehicles of Federal judges appointed under 
Article III of the Constitution and of Members of Congress. (This 
priority does not extend to members of their staffs.)
    (d) Other Government-owned and leased vehicles, including motor pool 
vehicles and vehicles assigned for general use.
    (e) Service vehicles and vehicles of patrons and visitors. 
(Accommodations for handicapped visitors shall be provided when 
necessitated by agency program requirements. Agencies are encouraged to 
provide accommodations for handicapped visitors.)



Sec. 101-20.104-2  Allocation and assignment of employee parking spaces.

    (a) Parking spaces not required for official needs may be used for 
employee parking.
    (b) GSA (or other agencies having assignment responsibilities) will 
determine the total number of spaces available for employee parking. 
Normally, a separate determination will be made for each parking 
facility. In major metropolitan areas, however, GSA and occupant 
agencies may ascertain that zonal allocations would achieve more 
efficient use of space or equality in the availability of parking.
    (c) Space available for employee parking will be allocated for 
occupant agency use on a equitable basis. Allocations may be made in 
proportion to each agency's share of building space, office space, or 
total employee population, as appropriate. In certain cases, GSA may 
allow a third party, such as a board composed of representatives of 
agencies sharing space, to determine proper reallocations among the 
agencies.
    (d) Agencies shall in turn assign spaces to their employees, using 
the following order of priority:
    (1) Severely handicapped employees. Justifications based on medical 
opinion may be required.
    (2) Executive personnel and persons who work unusual hours.
    (3) Vanpool/carpool vehicles.
    (4) Privately owned vehicles of occupant agency employees which are 
regularly used for Government business at least 12 days per month and 
which qualify for reimbursement of mileage and travel expenses under 
Government travel regulations.
    (5) Other privately owned vehicles of employees, on a space-
available basis. (In locations where parking allocations are made on a 
zonal basis, GSA and affected agencies may cooperate to issue additional 
rules, as appropriate.)

[[Page 221]]



Sec. 101-20.104-3  Utilization of parking.

    (a) Agencies shall develop, implement, and maintain ridesharing 
programs. (Guidelines for the administration of ridesharing programs are 
contained in FPMR Amendment A-36.)
    (b) GSA will take all feasible measures to improve the utilization 
of parking facilities. Such measures may include the conducting of 
surveys and studies, the periodic review of parking space allocations, 
the dissemination of parking information to agencies, the implementation 
of parking incentives which promote ridesharing, the use of stack 
parking practices where appropriate, and the employment of parking 
management contractors and concessionaires.



Sec. 101-20.104-4  Guidelines for agency implementation.

    (a) In most instances, the assignment of individual reserved spaces 
should be minimized; this allows the number of permits to be 
overallocated and results in increased efficiency.
    (b) In order to promote fuel conservation, reduce traffic 
congestion, reduce the demand for parking spaces, and reduce air 
pollution, agencies are encouraged to make available as many parking 
spaces as possible for the use of vanpools/carpools.
    (c) Agency procedures for the assignment of parking spaces should be 
maintained in writing. Provisions for reviewing assignments, enforcing 
compliance with regulations, and enforcing penalties for 
misrepresentation on applications are also recommended.
    (d) Occupant agencies should make every effort to schedule arrival 
and departure times for employees to facilitate ridesharing.
    (e) Subject to the availability of satisfactory and secure space and 
facilities, agencies should reserve areas for the parking of bicycles 
and other two-wheeled vehicles. Bicycles should not be transported on 
elevators or via stairways, nor should they be parked in offices.
    (f) Implementation of the provisions of this regulation may require 
consultation, as appropriate, with recognized labor organizations.



Sec. 101-20.105  Accident and fire prevention.

    Standards for GSA-assigned space will conform to those presented by 
the Occupational Safety and Health Act (OSHA) of 1970 (Public Law 91-
596); Executive Order 12196; 29 CFR part 1960, and applicable GSA fire 
and safety criteria. Occupants and visitors will not be exposed to 
unnecessary risks. Safeguards which minimize personal harm, property 
damage, and impairment of Governmental operations, and which allow 
emergency forces to accomplish their missions effectively, will be 
provided. To the maximum extent feasible, GSA will provide space which 
meets or exceeds these objectives.



Sec. 101-20.105-1  Responsibilities of occupant agencies.

    (a) Each occupant agency shall maintain a neat and orderly facility 
to minimize the risk of accidental injuries and fires. All exits, 
accesses to exits, and accesses to emergency equipment shall be kept 
clear at all times.
    (b) Hazardous explosive or combustible materials shall not be 
brought into buildings unless authorized by appropriate agency officials 
and by GSA and unless protective arrangements determined necessary by 
GSA have been provided. All draperies, curtains, or other hanging 
materials shall be of non-combustible or flame-resistant fabric. 
Freestanding partitions and space dividers shall be limited combustible, 
and fabric coverings shall also be flame resistant.
    (c) Occupant agencies shall cooperate with GSA to develop and 
maintain fire prevention programs. Such programs shall ensure the 
maximum safety of the occupants by:
    (1) Training employees to use protective equipment and educating 
employees to take appropriate fire safety precautions in their work, 
including participating in at least one fire drill each year, and
    (2) Ensuring that facilities are kept in the safest condition 
practicable, and conducting periodic inspections in accordance with 
Executive Order 12196 and 29 CFR part 1960.
    (d) Accidents resulting from building system or maintenance 
deficiencies

[[Page 222]]

which involve personal injury or property damage in GSA-assigned space 
will be reported immediately to the GSA buildings manager.
    (e) Each occupant agency shall appoint a safety, health and fire 
protection liaison to represent the occupant agency with GSA.



Sec. 101-20.105-2  Correction of hazardous conditions.

    (a) GSA is responsible for correcting hazards associated with the 
condition of the space it assigns, including hazards related to building 
features, fixtures, and systems. GSA is also responsible for correcting 
hazards in common, joint, and public use spaces. Occupant agencies are 
responsible for correcting hazards associated with their use of assigned 
space, including those related to the operation of their program 
equipment.
    (b) Hazardous conditions within the occupant agency's responsibility 
to correct shall be corrected within 30 workdays when possible. 
Imminently dangerous conditions shall be corrected immediately upon 
their discovery. If more than 30 workdays are required for correction, 
an abatement plan shall be prepared in accordance with 29 CFR part 1960. 
Corrective alteration measures may be undertaken in accordance with 
Sec. 101-20.106, Reimbursable services.
    (c) Conditions within GSA's responsibility to correct shall be 
identified, documented and presented to the GSA buildings manager. 
Imminently dangerous conditions shall be corrected immediately upon 
their discovery. When an imminently dangerous condition as defined by 29 
CFR 1960.28 exists, this report shall be made by telephone. Upon receipt 
of a properly documented report of hazardous conditions, GSA will 
promptly investigate, determine a plan to resolve the problems, and 
inform the occupant agency. Such reports shall state the hazardous 
condition and cite references to specific OSHA standards violated. In 
cases involving health problems, agencies shall provide to GSA an 
industrial hygienist's report of an investigation of the alleged 
problem, which must include a description of the problem, results of 
testing, and recommendations for correction. When resolution will take 
more than 30 workdays, GSA shall prepare an abatement plan in accordance 
with 29 CFR part 1960, shall furnish this plan to the occupant agency 
for review and subsequent follow-up, and shall give priority to prompt 
abatement of the conditions.



Sec. 101-20.105-3  Smoking.

    (a) Pursuant to Executive Order 13058, ``Protecting Federal 
Employees and the Public From Exposure to Tobacco Smoke in the Federal 
Workplace'' (3 CFR, 1997 Comp., p. 216), it is the policy of the 
executive branch to establish a smoke-free environment for Federal 
employees and members of the public visiting or using Federal 
facilities. The smoking of tobacco products is prohibited in all 
interior space owned, rented, or leased by the executive branch of the 
Federal Government, and in any outdoor areas under executive branch 
control in front of air intake ducts.
    (b) Exceptions. (1) The policy does not apply in designated smoking 
areas that are enclosed and exhausted directly to the outside and away 
from air intake ducts, and are maintained under negative pressure (with 
respect to surrounding spaces) sufficient to contain tobacco smoke 
within the designated area. Agency officials shall not require workers 
to enter such areas during business hours while smoking is ongoing.
    (2) The policy does not extend to any residential accommodation for 
persons voluntarily or involuntarily residing, on a temporary or long 
term basis, in a building owned, leased, or rented by the Federal 
Government.
    (3) The policy does not extend to those portions of federally owned 
buildings leased, rented, or otherwise provided in their entirety to 
nonfederal parties.
    (4) The policy does not extend to places of employment in the 
private sector or in other nonfederal governmental units that serve as 
the permanent or intermittent duty station of one or more Federal 
employees.
    (5) Agency heads may establish limited and narrow exceptions that 
are necessary to accomplish agency missions. Such exceptions must be in 
writing, approved by the agency head, and

[[Page 223]]

to the fullest extent possible provide protection of nonsmokers from 
exposure to environmental tobacco smoke. Authority to establish such 
exceptions may not be delegated.
    (c) Agency heads have responsibility to determine which areas are to 
be smoking and which areas are to be non-smoking areas. In exercising 
this responsibility, agency heads will give appropriate consideration to 
the views of the employees affected and/or their representatives and are 
to take into consideration the health issues involved. Nothing in this 
section precludes an agency from establishing more stringent guidelines. 
Agencies in multi-tenant buildings are encouraged to work together to 
identify designated smoking areas.
    (d) Agency heads shall evaluate the need to restrict smoking at 
doorways and in courtyards under executive branch control in order to 
protect workers and visitors from environmental tobacco smoke, and may 
restrict smoking in these areas in light of this evaluation.
    (e) Agency heads shall be responsible for monitoring and controlling 
areas designated for smoking and for ensuring that these areas are 
identified by proper signs. Suitable uniform signs reading ``Designated 
Smoking Area'' shall be furnished and installed by the agency.
    (f) Suitable, uniform signs reading ``No Smoking Except in 
Designated Areas'' shall be placed on or near entrance doors of 
buildings subject to this section. These signs shall be furnished and 
installed by the GSA Building Manager in buildings operated by GSA. It 
shall not be necessary to display a sign in every room of each building.
    (g) This smoking policy applies to the judicial branch when it 
occupies space in buildings controlled by the executive branch. 
Furthermore, the Federal chief judge in a local jurisdiction may be 
deemed to be comparable to an agency head and may establish exceptions 
for Federal jurors and others as indicated in paragraph (b)(5) of this 
section.
    (h) Prior to implementation of this section, where there is an 
exclusive representative for the employees, the agencies shall meet 
their obligation under the Federal Service Labor-Management Relations 
Act (5 U.S.C. 7101 et seq.) In all other cases, agencies should consult 
directly with employees.

[63 FR 35846, July 1, 1998]



Sec. 101-20.106  Reimbursable services.

    Services in addition to those standard level services prescribed in 
Secs. 101-20.101 through 20.105 may be provided or arranged for by GSA 
on a reimbursable basis. Such services include:
    (a) Specialized security services beyond standard levels, such as 
guarding, ingress-egress control, inspection of packages, directed 
security patrols, and other similar activities;
    (b) Design, installation, maintenance, and operation of electronic 
systems such as intrusion-detection devices, duress-holdup alarms, and 
remote monitoring systems;
    (c) Utilities for specialized equipment, or for times when space 
conditioning beyond standard levels is required;
    (d) Construction and/or alterations necessary for installation of 
agency program equipment;
    (e) Space adjustments requested by an occupant agency for its 
convenience in moving activities within its already assigned space;
    (f) Janitorial and other services over and above standard levels;
    (g) Space alterations beyond the standard level provided by GSA;
    (h) Construction, installation, operation, maintenance, and repair 
of agency program equipment, and space adjustments required as a result 
of such installations;
    (i) Services of motion picture operators and other technicians 
required in the use of auditoriums, conference rooms, and special agency 
equipment; and
    (j) Office design, space planning, and office automation 
installation support and services.



Sec. 101-20.106-1  Placing of orders for reimbursable alterations by occupant agencies.

    (a) Where GSA has indefinite quantity contracts and/or unit price 
agreements available for accomplishment of space alterations in 
Government owned

[[Page 224]]

and leased buildings, agencies should order against these contracts and 
agreements, except when it is not in the Government's best interest. 
Agencies wishing to use this authority shall submit names of their 
proposed ordering officials to the GSA buildings manager, who will 
submit them to the GSA contracting officer. The contracting officer 
shall designate in writing the ordering officials and will authorize the 
contractor to accept orders from the designated ordering officials. The 
GSA contracting officer shall advise the agencies' ordering officials in 
writing of their responsibilities, authorities, and limitations under 
these contracts and agreements.
    (b) No individual order, or combinations of orders for a single 
alteration project, shall exceed the simplified acquisition threshold, 
as defined in 41 U.S.C. 252a, and agencies shall not split orders so as 
to circumvent this limitation.
    (c) For all orders placed against GSA contracts or agreements, 
agency ordering officials shall obtain prior written project review by 
GSA and provide a copy of the ordering document and final payment 
document to the GSA buildings manager. Agencies are responsible for 
inspecting and certifying satisfactory completion of the work, and for 
ensuring contractor compliance with contract provisions. The final 
payment document shall be supported by GSA Form 1142, Release of Claims; 
GSA Form 2419, Certification of Payments to Subcontractors and Supplies; 
and certification that the work has been inspected and accepted.
    (d) Agencies may not negotiate with contractors for items not 
specifically priced under indefinite quantity contracts and/or price 
agreements.
    (e) Where no GSA contracts or agreements are in effect, an agency 
may contract directly for services up to the simplified acquisition 
threshold per project after written review by GSA. Agencies contracting 
directly must provide GSA with complete documentation of the scope of 
work and contract specifications at the time of submission. Each project 
shall include appropriate reviews by the regional safety staff. If 
contracting for security systems, agencies must submit the design work 
for regional Federal Protective Service Division review. Agencies shall 
be responsible for inspecting and certifying satisfactory completion of 
the ordered work. All work must conform to GSA fire and safety 
standards. GSA at anytime has the authority to make inspections and 
require correction if the project is found not in compliance with GSA 
reviews or fire and safety standards. As-built drawings must be 
submitted to GSA's buildings manager within 30 days of completion of the 
work.

[52 FR 11263, Apr. 8, 1987, as amended at 62 FR 1057, Jan. 8, 1997]



Sec. 101-20.106-2  Limitations on provision of reimbursable services by GSA.

    In order to reduce processing costs of documents and to improve 
efficiency of service delivery, requests for reimbursable work to be 
performed or arranged by GSA may be subject to the following 
requirements:
    (a) Individual work authorizations (e.g., GSA Form 2957's) for which 
total expenses as estimated by GSA are less than $500 need not be 
processed by GSA, but may be returned to the requesting agency. Unless 
the work is related to security or required to correct an unhealthful or 
unsafe condition, occupant agencies may be required to hold all such 
requests until the reimbursable work in question can be aggregated into 
a single request for at least $500.
    (b) The restrictions of paragraph (a) of this section are not 
mandatory, but may be applied by GSA when their application is in the 
best interests of the Government from the standpoint of cost 
effectiveness.
    (c) The restrictions of paragraph (a) of this section do not apply 
to orders placed against existing blanket or open-end authorizations 
which exceed $500 and which show obligated and unused fund balances 
sufficient to perform the work.
    (d) Agencies requesting reimbursable services are responsible for 
verifying and approving GSA estimates within 30 calendar days following 
submission of

[[Page 225]]

such estimates to the requester. Reimbursable work requests for which 
estimates have not been approved within 30 days will be canceled.



Sec. 101-20.107  Energy conservation.

    Agencies shall comply with the energy conservation guidelines set 
forth in 10 CFR part 436 (Federal Energy Management and Planning 
Programs) and shall observe the energy conservation policies cited 
herein.
    (a) Agencies shall ensure that lights and equipment are turned off 
when not needed, that ventilation is not blocked or impeded, and that 
windows and other building accesses are closed during the heating and 
cooling seasons.
    (b) Except where special circumstances exist, illumination levels 
shall be maintained as near as is practical to the following standards:
    (1) 50 foot-candles at work station surfaces, measured at a height 
of 30 inches above floor level, during working hours (For visually 
difficult or critical tasks, additional lighting may be authorized by 
the GSA buildings manager or by agencies that have been given delegated 
authority to perform buildings management functions.);
    (2) 30 foot-candles in work areas during working hours, measured at 
30 inches above floor level;
    (3) 10 foot-candles, but not less than 1 foot-candle nonwork areas, 
sufficient to ensure safety in non-work areas during working hours. 
(Normally this will require levels of 5 foot-candles at elevator 
boarding areas, minimum of 1 foot-candle at the middle of corridors and 
stairwells as measured at the walking surface, and 1 foot-candle at the 
middle of corridors and stairwells as measured at the walking surface, 
and 10 foot-candles in storage areas.); and
    (4) Other lighting essential for safety and security purposes, 
including exit signs and exterior lights, shall be maintained.
    (c) Within the limitations of the building systems, heating and 
cooling systems shall be operated in the most overall energy efficient 
and economical manner.
    (1) Temperatures will be maintained to maximize customer 
satisfaction by conforming to local commercial equivalent temperature 
levels and operating practices. GSA will seek to minimize energy use 
while operating its buildings in this manner. During non-working hours, 
heating temperatures shall be set no higher than 55 degrees Fahrenheit 
and air-conditioning will not be provided except as necessary to return 
space temperatures to a suitable level for the beginning of working 
hours.
    (2) The locations used for measurement of temperatures to determine 
compliance will be representative of the spaces to be heated or cooled.
    (3) Work stations which are the most adversely affected may be the 
basis for establishing the temperature levels throughout that portion of 
the building.
    (4) Reheating, humidification, and simultaneous heating and cooling 
shall not be permitted.
    (5) During extreme weather conditions, building systems shall be 
operated as necessary to protect the physical condition of the building.
    (d) The operation of portable heaters, fans, and other such devices 
in Government-controlled space is prohibited unless authorized by the 
GSA buildings manager or by agencies that have been given delegated 
authority to perform buildings management functions.
    (e) During working hours in periods of heating and cooling, provide 
ventilation in accordance with ASHRAE Standard 62, Ventilation for 
Acceptable Indoor Air Quality where physically practical. Where not 
physically practical, provide the maximum allowable amount of 
ventilation during periods of heating and cooling and pursue 
opportunities to increase ventilation up to current standards. ASHRAE 
Standard 62 is available from ASHRAE Publications Sales, 1791 Tullie 
Circle NE, Atlanta, GA 30329-2305.
    (f) Energy standards for existing buildings will be no less 
stringent than those prescribed by the American Society of Heating, 
Refrigerating, and Air Conditioning Engineers and the Illuminating 
Engineering Society of North American in ASHRAE/IES Standard 90A-1980 as 
amended by Department of Energy (DOE). These energy standards are 
applicable where they can be achieved through life cycle, cost effective 
actions.

[[Page 226]]

    (g) Exceptions to the foregoing policies may be necessary for 
specialized requirements of for agencies to accomplish their missions 
more effectively and efficently. Such exceptions may be granted by the 
GSA buildings manager or by agencies that have been given delegated 
authority to perform buildings management functions.
    (h) Contracting officers shall ensure that all new lease contracts 
are in conformance with the policies prescribed in this Sec. 101-20.107. 
Existing lease contracts shall be administered in accordance with these 
policies to the maximum extent feasible.
    (i) Each agency shall report to the Department of Energy (DOE) the 
energy consumption in buildings, facilities, vehicles, and equipment 
under its control within 45 calendar days after the end of each quarter 
as specified in the DOE Federal Energy usage Report DOE F 6200.2 
instructions. This report has been cleared in accordance with FPMR 101-
11.11,\1\ Interagency Reports Management Program, and assigned 
interagency report control number 1492 DOE OU.
---------------------------------------------------------------------------

    \1\ Editorial Note: At 50 FR 26908, June 28, 1985, 41 CFR part 101-
11 was recodified as 41 CFR parts 201-22 and 201-45. The reference to 
FPMR 101-11.11 should read FIRMR 201-45.6.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987, as amended at 60 
FR 17653, Apr. 7, 1995]



Sec. 101-20.108  Staggered hours of duty.

    (a) The GSA Regional Administrator, National Capital Region, is 
responsible for putting into effect the policy of maintaining staggered 
duty hours in Metropolitan Washington, DC. For purposes of this 
regulation, ``Metropolitan Washington'' means the Washington Standard 
Metropolitan Statistical Area (SMSA) as defined by the Department of 
Commerce.
    (b) Any agency planning a change in its schedule of duty hours which 
will affect 50 or more employees shall submit the changes to the GSA 
Regional Administrator, (WA) Washington, DC, 20407, for approval prior 
to implementation. The agency shall indicate the number of employees 
affected, the present and proposed hours of duty, and the reasons for 
the change in schedule. The agency shall also coordinate with the 
employees and their union(s) to determine the percentage of employees in 
favor of the proposed change.
    (c) The GSA Regional Administrator, National Capital Region, shall 
coordinate the proposed change with appropriate authorities to ensure 
that the change will not create congestion or disruptions in traffic or 
transportation flow patterns.
    (d) GSA and other Federal agencies may also consider the 
advisability of establishing staggered duty hours in areas outside 
Metropolitan Washington where major concentrations of Federal employees 
exist.



Sec. 101-20.109  Concessions.

    (a) The provisions of this section do not apply to blind vending 
facilities operated under the Randolph-Sheppard Act (20 U.S.C. 107 et 
seq.); regulations governing this program are continued in subpart 101-
20.2.
    (b) GSA is responsible for the planning, provision, and 
administration of essential concessions in buildings under its control. 
GSA will enter into and award concessions contracts, provide suitable 
space and facilities, if required, and administer applicable inspection 
and oversight functions. Officials of occupant agencies shall convey 
concerns to GSA and shall not instruct concessionaires regarding their 
operations.
    (c) Subject to the availability of space, prior to establishing 
concessions, GSA will ensure that:
    (1) The proposed concession will offer only essential services which 
are needed by employees, and which cannot be conveniently obtained from 
existing facilities, (Consultation will be held with occupant 
agencies.);
    (2) The proposed concession will be established and operated in 
conformance with applicable policies, safety, health, and sanitation 
codes, laws, regulations, etc., and will not contravene the terms of any 
lease or other contractual arrangement;
    (3) Sufficient funds are legally available to cover all costs for 
which the Government may be responsible; and
    (4) All contracts will be financially self-supporting and not 
compete with nearby commercial enterprise.

[[Page 227]]

    (d) Public Law 104-52, Section 636, prohibits the sale of tobacco 
products in vending machines in Government-owned and leased space under 
the custody and control of GSA. The Administrator of GSA or the head of 
an Agency may designate areas not subject to the prohibition, if the 
area prohibits minors and reports are made to the appropriate committees 
of Congress.

[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]



      Subpart 101-20.2--Vending Facility Program for Blind Persons



Sec. 101-20.200  Scope of subpart.

    This subpart contains the policy and procedures for ensuring the 
priority of blind vendors in operating vending facilities on GSA-
controlled property.



Sec. 101-20.201  Policy.

    Blind vendors licensed by State licensing agencies designated by the 
Secretary of Education under the provisions of the Randolph-Sheppard Act 
(20 U.S.C. 107 et seq.) shall be given priority in the location and 
operating of vending facilities, including vending machines, on GSA-
controlled property provided the location or operation of such facility 
would not adversely affect the interests of the United States. Blind 
vendors shall also be given priority on GSA-controlled property in the 
operation of cafeterias according to 34 CFR 395.33.



Sec. 101-20.202  Establishing vending facilities.

    (a) GSA shall not acquire a building by ownership, rent, or lease, 
or occupy a building to be constructed, substantially altered, or 
renovated unless it is determined that such buildings contain or will 
contain a ``satisfactory site'' as defined in 34 CFR 395.1q, for the 
location and operating of a blind vending facility.
    (b) In accordance with 34 CFR 395.31, GSA shall provide the 
appropriate State licensing agency with written notice of its intention 
to acquire or otherwise occupy such building. Providing notification 
shall be the responsibility of the Buildings Management Division, GSA.



Sec. 101-20.203  Application for permit.

    Applications for permits for the operation of vending facilities 
other than cafeterias shall be made in writing on the appropriate form, 
and submitted for the review and approval of GSA.



Sec. 101-20.204  Terms of permit.

    Every permit shall describe the location of the vending facility 
including any vending machines located on other than the facility 
premises and shall be subject to the following provisions:
    (a) The permit shall be issued in the name of the applicant State 
licensing agency which shall:
    (1) Prescribe such procedures necessary to assure that in the 
selection of vendors and employees for vending facilities there shall be 
no discrimination because of sex, race, age, creed, color, national 
origin, physical or mental disability, or political affiliation; and
    (2) Take the necessary action to assure that vendors do not 
discriminate against any persons in furnishing, or by refusing to 
furnish, to such person or persons the use of any vending facility, 
including any and all services, privileges, accommodations, and 
activities provided thereby, and comply with title VI of the Civil 
Rights Act of 1964 and GSA regulations issued pursuant thereto.
    (b) The permit shall be issued for an indefinite period of time 
subject to suspension or termination on the basis of compliance with 
agreed upon terms.
    (c) The permit shall provide that:
    (1) No charge shall be made to the State licensing agency for normal 
cleaning, maintenance, and repair of the building structure in and 
adjacent to the vending facility areas;
    (2) Cleaning necessary for sanitation, and the maintenance of 
vending facilities and vending machines in an orderly condition at all 
times, and the installation, maintenance, repair, replacement, 
servicing, and removal of vending facility equipment shall be without 
cost to GSA; and
    (3) Articles sold at vending facilities operated by blind licensees 
may consist of newspapers, periodicals, publications, confections, 
tobacco products,

[[Page 228]]

foods, beverages, chances for any lottery authorized by State law and 
conducted by an agency of a State within such State, and other articles 
or services as are determined by the State licensing agency, in 
consultation with GSA to be suitable for a particular location. Such 
articles and services may be dispensed automatically or manually and may 
be prepared on or off the premises. Public Law 104-52, Section 636, 
prohibits the sale of tobacco products in vending machines in 
Government-owned and leased space under the custody and control of GSA.
    (d) The permit shall further provide that vending facilities shall 
be operated in compliance with applicable health, sanitation, and 
building codes or ordinances.
    (e) The permit shall further provide that installation, 
modification, relocation, removal, and renovation of vending facilities 
shall be subject to the prior approval and supervision of the Director, 
Buildings Management Division, GSA, and the State licensing agency; that 
costs of relocations initiated by the State licensing agency shall be 
paid by the State licensing agency; that costs of relocations initiated 
by the Director, Buildings Management Division, shall be paid by GSA; 
and that all plumbing, electrical, and mechanical costs related to the 
renovation of existing facilities shall be paid by GSA.
    (f) The operation of a cafeteria by a blind vendor shall be covered 
by a contractual agreement and not by a permit. The State licensing 
agency shall be expected to perform under the same contractual 
arrangement applicable to commercial cafeteria operators.

[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]



Sec. 101-20.205  Enforcement procedures.

    (a) The State licensing agency shall attempt to resolve day-to-day 
problems pertaining to the operation of the vending facility in an 
informal manner with the participation of the blind vendor and the 
buildings manager.
    (b) Unresolved disagreements concerning the terms of the permit, the 
Act, or the regulations in this part and any other unresolved matters 
shall be reported in writing to the State licensing agency supervisory 
personnel by the GSA regional office in an attempt to resolve the issue.



Sec. 101-20.206  Reports.

    At the end of each fiscal year, GSA shall report to the Secretary of 
Education the total number of applications for vending facility 
locations received from State licensing agencies, the number accepted, 
the number denied, the number still pending, the total amount of vending 
machine income collected, and the amount of such vending machine income 
disbursed to the State licensing agency in each State.



              Subpart 101-20.3--Conduct on Federal Property



Sec. 101-20.300  Applicability.

    These rules and regulations apply to all property under the charge 
and control of the General Services Adminstration and to all persons 
entering in or on such property. Each occupant agency shall be 
responsible for the observance of these rules and regulations.



Sec. 101-20.301  Inspection.

    Packages, briefcases, and other containers in the immediate 
possession of visitors, employees, or other persons arriving on, working 
at, visiting, or departing from Federal property, are subject to 
inspection. A full search of a person and any vehicle driven or occupied 
by the person may accompany an arrest.



Sec. 101-20.302  Admission to property.

    Property shall be closed to the public during other than normal 
working hours. The closing of property will not apply to that space in 
those instances where the Government has approved the after-normal-
working-hours use of buildings or portions thereof for activities 
authorized by subpart 101-20.4. During normal working hours, property 
shall be closed to the public only when situations require this action 
to ensure the orderly conduct of Government business. The decision to 
close the property shall be made by the designated official under the 
Occupant

[[Page 229]]

Emergency program after consultation with the buildings manager and the 
ranking representative of the Law Enforcement Branch responsible for 
protection of the facility or the area. The designated official is 
defined in Sec. 101-20.003(g) as the highest ranking official of the 
primary occupant agency, or the alternate highest ranking offical or 
designee selected by mutual agreement by other occupant agency 
officials. When property, or a portion thereof, is closed to the public, 
admission to this property, or a portion, will be restricted to 
authorized persons who shall register upon entry to the property and 
shall, when requested, display Government or other identifying 
credentials to the Federal Protective Officers or other authorized 
individuals when entering, leaving, or while on the property. Failure to 
comply with any of the applicable provisions is a violation of these 
regulations.

[53 FR 129, Jan. 5, 1988]



Sec. 101-20.303  Preservation of property.

    The improper disposal of rubbish on property; the willful 
destruction of or damage to property; the theft of property; the 
creation of any hazard on property to persons or things; the throwing of 
articles of any kind from or at a building or the climbing upon statues, 
fountains, or any part of the building, is prohibited.



Sec. 101-20.304  Conformity with signs and directions.

    Persons in and on property shall at all times comply with official 
signs of a prohibitory, regulatory, or directory nature and with the 
lawful direction of Federal Protective Officers and other authorized 
individuals.



Sec. 101-20.305  Disturbances.

    Any loitering, disorderly conduct, or other conduct on property 
which creates loud or unusual noise or a nuisance; which unreasonably 
obstructs the usual use of entrances, foyers, lobbies, corridors, 
offices, elevators, stairways, or parking lots; which otherwise impedes 
or disrupts the performance of official duties by Government employees; 
or which prevents the general public from obtaining the administrative 
services provided on the property in a timely manner, is prohibited.



Sec. 101-20.306  Gambling.

    Participating in games for money or other personal property or the 
operating of gambling devices, the conduct of a lottery or pool, or the 
selling or purchasing of numbers tickets, in or on property is 
prohibited. This prohibition shall not apply to the vending or exchange 
of chances by licensed blind operators of vending facilities for any 
lottery set forth in a State law and authorized by section 2(a)(5) of 
the Randolph-Sheppard Act (20 U.S.C. 107, et seq.)



Sec. 101-20.307  Alcoholic beverages and narcotics.

    Operations of a motor vehicle while on the property by a person 
under the influence of alcoholic beverages, narcotic drugs, 
hallucinogens, marijuana, barbiturates, or amphetamines is prohibited. 
Entering upon the property, or while on the property, under the 
influence of or using or possessing any narcotic drugs, hallucinogens, 
marijuana, barbiturates, or amphetamines is prohibited. The prohibition 
shall not apply in cases where the drug is being used as prescribed for 
a patient by a licensed physician. Entering upon the property, or being 
on the property, under the influence of alcoholic beverages is 
prohibited. The use of alcoholic beverages on property is prohibited 
except, upon occasions and on property upon which the head of the 
responsible agency or his or her designee has for appropriate official 
uses granted an exemption in writing. The head of the responsible agency 
or his or her designee shall provide a copy of all exemptions granted to 
the buildings manager and the Chief, Law Enforcement Branch, or other 
authorized officials, reponsible for the security of the property.

[53 FR 129, Jan. 5, 1988]



Sec. 101-20.308  Soliciting, vending, and debt collection.

    Soliciting alms, commercial or political soliciting, and vending of 
all kinds, displaying or distributing commercial advertising, or 
collecting private debts on GSA-controlled property

[[Page 230]]

is prohibited. This rule does not apply to:
    (a) National or local drives for funds for welfare, health, or other 
purposes as authorized by 5 CFR, parts 110 and 950, Solicitation of 
Federal Civilian and Uniformed Services Personnel for Contributions to 
Private Voluntary Organizations issued by the U.S. Office of Personnel 
Management under Executive Order 12353 of March 23, 1982, as amended, 
and sponsored or approved by the occupant agencies;
    (b) Concessions or personal notices posted by employees on 
authorized bulletin boards;
    (c) Solicitation of labor organization membership or dues authorized 
by occupant agencies under the Civil Service Reform Act of 1978 (Pub. L. 
95-454); and
    (d) Lessee, or its agents and employees, with respect to space 
leased for commercial, cultural, educational, or recreational use under 
the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 490(a)(16)).
    Note: Public areas of GSA-controlled property may be used for other 
activities permitted in accordance with subpart 101-20.4.

[53 FR 130, Jan. 5, 1988]



Sec. 101-20.309  Posting and distributing materials.

    (a) Public Law 104-52, Section 636, prohibits the distribution of 
free samples of tobacco products in or around Federal buildings.
    (b) Posting or affixing materials, such as pamphlets, handbills, or 
flyers, on bulletin boards or elsewhere on GSA-controlled property is 
prohibited, except as authorized in Sec. 101-20.308 or when these 
displays are conducted as part of authorized Government activities. 
Distribution of materials, such as pamphlets, handbills, or flyers is 
prohibited, except in the public areas of the property as defined in 
Sec. 101-20.003(z), unless conducted as part of authorized Government 
activities. Any person or organization proposing to distribute materials 
in a public area under this section shall first obtain a permit from the 
building manager under Subpart 101-20.4 and shall conduct distribution 
in accordance with the provisions of Subpart 101-20.4. Failure to comply 
with those provisions is a violation of these regulations.

[61 FR 2122, Jan. 25, 1996]



Sec. 101-20.310  Photographs for news, advertising, or commercial purposes.

    Photographs may be taken in space occupied by a tenant agency only 
with the consent of the occupying agency concerned. Except where 
security regulations apply or a Federal court order or rule prohibits 
it, photographs for news purposes may be taken in entrances, lobbies, 
foyers, corridors, or auditoriums when used for public meetings. Subject 
to the foregoing prohibitions, photographs for advertising and 
commercial purposes may be taken only with written permission of an 
authorized official of the agency occupying the space where the 
photographs are to be taken.



Sec. 101-20.311  Dogs and other animals.

    Dogs and other animals, except seeing eye dogs, other guide dogs, 
and animals used to guide or assist handicapped persons, shall not be 
brought upon property for other than official purposes.



Sec. 101-20.312  Vehicular and pedestrian traffic.

    (a) Drivers of all vehicles entering or while on property shall 
drive in a careful and safe manner at all times and shall comply with 
the signals and directions of Federal protective officers or other 
authorized individuals and all posted traffic signs;
    (b) The blocking of entrances, driveways, walks, loading platforms, 
or fire hydrants on property is prohibited; and
    (c) Except in emergencies, parking on property is not allowed 
without a permit. Parking without authority, parking in unauthorized 
locations or in locations reserved for other persons, or parking 
contrary to the direction of posted signs is prohibited. Vehicles parked 
in violation, where warning signs are posted, shall be subject to 
removal at the owners' risk and expense. This paragraph may be 
supplemented from time to time with the approval of the Regional 
Administrator by the issuance and posting of such specific traffic 
directives as may be required,

[[Page 231]]

and when so issued and posted such directives shall have the same force 
and effect as if made a part thereof. Proof that a motor vehicle was 
parked in violation of these regulations or directives may be taken as 
prima facie evidence that the registered owner was responsible for the 
violation.



Sec. 101-20.313  Explosives.

    No person entering or while on property shall carry or possess 
explosives, or items intended to be used to fabricate an explosive or 
incendiary device, either openly or concealed, except for official 
purposes. (Weapons, see title 18, U.S. Code 930.)

[54 FR 15757, Apr. 19, 1989]



Sec. 101-20.314  Nondiscrimination.

    There shall be no discrimination by segregation or otherwise against 
any person or persons because of race, creed, sex, color, or national 
origin in furnishing or by refusing to furnish to such person or persons 
the use of any facility of a public nature, including all services, 
privileges, accommodations, and activities provided thereby on the 
property.



Sec. 101-20.315  Penalties and other laws.

    Whoever shall be found guilty of violating any rule or regulations 
in this subpart 101-20.3 while on any property under the charge and 
control of the U.S. General Services Administration is subject to a fine 
of not more than $50 or imprisonment of not more than 30 days, or both 
(See title 40 U.S. Code 318c.) Nothing in these rules and regulations 
shall be construed to abrogate any other Federal laws or regulations or 
any State and local laws and regulations applicable to any area in which 
the property is situated (section 205(c), 63 U.S. Statutes, 390; 40 U.S. 
Code 486(c)).

[53 FR 130, Jan. 5, 1988]



          Subpart 101-20.4--Occasional Use of Public Buildings



Sec. 101-20.400  Scope of subpart.

    Sections 101-20.401 through 101-20.408 establish rules and 
regulations for the occasional use of public areas for cultural, 
educational and recreational activities as provided by the Public 
Buildings Cooperative Use Act of 1976 (Pub. L. 94-541).



Sec. 101-20.401  Applications for permits.

    (a) Any person or organization desiring to use a public area shall 
file an application for permit with the GSA Buildings Manager. Such 
application shall be made on a form provided by GSA and shall be 
submitted in the manner specified by GSA.
    (b) The following information is required:
    (1) Full names, mailing addresses, and telephone numbers of the 
applicant, the organization sponoring the proposed activity, and the 
individual(s) responsible for supervising the activity;
    (2) Documentation showing that the applicant has authority to 
represent the sponsoring organization;
    (3) A description of the proposed activity, including the dates and 
times during which it is to be conducted and the number of persons to be 
involved.
    (c) If the proposed activity constitutes a use of a public area for 
soliciting funds, the applicant shall also submit a signed statement 
that:
    (1) The applicant is a representative of and will be soliciting 
funds for the sole benefit of, a religion or religious group; or
    (2) The applicant's organization has received an official ruling of 
tax-exempt status from the Internal Revenue Service under 26 U.S.C. 501; 
or, alternatively, that an application for such a ruling is still in 
process.



Sec. 101-20.402  Permits.

    (a) A permit shall be issued by GSA within 10 working days following 
its receipt of the completed applications. A permit shall not be issued 
for a period of time in excess of 30 calendar days, unless specifically 
approved by the regional officer. After the expiration of a permit, a 
new permit may be issued upon submission of a new application; in such a 
case, applicants may incorporate by reference all required information 
filed with the prior application.
    (b) When more than one permit is requested for the same area and 
times, permits will be issued on a first-come, first-served basis.

[[Page 232]]

    (c) All permits involving demonstrations and activities which may 
lead to civil disturbances should be coordinated with the Chief, Law 
Enforcement Branch, before approval.



Sec. 101-20.403  Disapproval of applications or cancellation of permits.

    (a) GSA shall disapprove any application or cancel an issued permit 
if:
    (1) The applicant has failed to submit all information required 
under       Sec. 101-20.401, or has falsified such information;
    (2) The proposed use is a commercial activity as defined in 
Sec. 101-20.003(d);
    (3) The proposed use interferes with access to the public area, 
disrupts official Government business, interferes with approved uses of 
the property by tenants or by the public, or damages any property;
    (4) The proposed use is intended to influence or impede any pending 
judicial proceeding;
    (5) The proposed use is obscene within the meaning of obscenity as 
defined in 18 U.S.C. 1461-65; or
    (6) The proposed use is violative of the prohibition against 
political solicitations in 18 U.S.C. 607.
    (b) Upon disapproving an application or cancelling a permit, GSA 
shall promptly notify the applicant or permittee of the reasons for the 
action, and shall inform the applicant or permittee of his/her appeal 
rights under Sec. 101-20.404.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]



Sec. 101-20.404  Appeals.

    (a) A disapproval of application or cancellation of issued permits 
may be appealed to the GSA Regional Officer (as defined in Sec. 101-
20.003(m)) within 5 calendar days of the notification of disapproval or 
cancellation. Notices of appeal must be made in writing.
    (b) On appeal, the applicant or permittee and the GSA buildings 
manager shall have opportunity to orally state their positions on the 
issues. Written materials may also be submitted.
    (c) The GSA Regional Officer shall affirm or reverse the GSA 
building manager's decision, based on the information submitted, within 
10 calendar days of the date on which the Regional Officer received 
notification of the appeal. If the decision is not rendered within 10 
days, the application will be considered to be approved or the permit 
validly issued. The Regional Officer will promptly notify the applicant 
or permittee and the buildings manager of the decision and the reasons 
therefor.

[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]



Sec. 101-20.405  Schedules of use.

    Nothing in these regulations shall prevent GSA from reserving 
certain time periods for use of public areas for official Government 
business; from setting aside certain time periods for maintenance, 
repair, and construction; or from permitting a previously approved use 
for official Government business.



Sec. 101-20.406  Hours of use.

    Public areas may be used during or after regular working hours of 
Federal agencies, provided that such uses will not interfere with 
Government business. When public areas are used by permittees after 
normal working hours, all adjacent areas not approved for such use shall 
be locked, barricaded, or identified by signs, as appropriate, to 
restrict permittees' activities to approved areas.



Sec. 101-20.407  Services and costs.

    (a) Costs. The space to be provided under these regulations is 
furnished free of charge. Services normally provided at the building in 
question, such as security, cleaning, heating, ventilation, and air-
conditioning, shall also be provided free of charge by GSA. The 
applicant shall be requested to reimburse GSA for services over and 
above those normally provided. If the applicant desires to provide 
services, such as security and cleaning, this request must be approved 
by the GSA Regional Officer. GSA may provide the services free of charge 
if the cost is insignificant and if it is in the public's interest.
    (b) Alterations. Permittees shall make no alterations to public 
areas except with prior approval of GSA. Such approval shall not be 
given unless GSA determines that changes in a building should be made to 
encourage and aid in

[[Page 233]]

the proposed use. Permittees making alterations must make provisions to 
ensure the safety of users and the prevention of damage to property.
    (c) Permittees are responsible for furnishing items such as tickets, 
audiovisual equipment, etc., which are necessary for the proposed use.



Sec. 101-20.408  Conduct.

    (a) Permittees are subject to all rules and regulations governing 
conduct on Federal property as set forth in subpart 101-20.3. In 
addition, a permittee shall:
    (1) Not misrepresent his or her identity to the public;
    (2) Not conduct any activities in a misleading or fraudulent manner;
    (3) Not discriminate on the basis of race, creed, color, sex or 
national origin in conducting activities;
    (4) Not distribute any item, nor post or otherwise affix any item, 
for which prior approval under Sec. 101-20.401 has not been obtained;
    (5) Not leave leaflets or other materials unattended on the 
property; and
    (6) Not engage in activities which would interfere with the 
preferences afforded blind licenses under the Randolph-Sheppard Act (20 
U.S.C. 107).
    (b) Permittees engaging in the solicitation of funds as authorized 
by Sec. 101-20.401 shall display identification badges while on Federal 
property. Each badge shall indicate the permittee's name, address, 
telephone number, and organization.



Sec. 101-20.409  Non-affiliation with the Government.

    The General Services Administration reserves the right to advise the 
public through signs or announcements of the presence of any permittees 
and of their nonaffiliation with the Federal Government.



    Subpart 101-20.5--Sidewalk Installation, Repair, and Replacement



Sec. 101-20.500  Scope of subpart.

    This subpart contains the regulations governing the installation, 
repair, and replacement of sidewalks around buildings, installations, 
properties, or grounds under the control of executive agencies and owned 
by the United States within the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, and the territories and possessions of the 
United States, by reimbursement to a State or political subdivision 
thereof, the District of Columbia, the Commonwealth of Puerto Rico, or 
the territory or possession of the United States. They are issued with 
the approval of the Director of the Office of Management and Budget.



Sec. 101-20.501  Responsibilities.

    Upon prior consent of the property-holding agency, the State in 
which the property lies may perform or arrange for the installation, 
repair, and replacement of sidewalks, and obtain reimbursement therefor 
from the property-holding agency, or, if mutually agreed upon, the 
property-holding agency may contract or otherwise arrange for and pay 
directly for such installation, repair, and replacement.



Sec. 101-20.502  Standards.

    Sidewalks shall be installed, repaired, or replaced with due 
consideration to the standards and specifications prescribed by the 
State or political subdivision thereof. However, where the property-
holding agency determines that it is necessary, in order to achieve or 
retain architectural harmony with the surroundings, the property-holding 
agency may prescribe other standards and specifications.



PART 101-21--FEDERAL BUILDINGS FUND--Table of Contents




    Authority: 40 U.S.C. 486(c); 40 U.S.C. 490(j) (The Federal Property 
and Administrative Services Act of 1949, as amended, Sec. 205(c) and 
210(j), 63 Stat. 390 and 86 Stat. 219; (40 U.S.C. 486(c) and 40 U.S.C. 
490(j), respectively).

    Source: 66 FR 23169, May 8, 2001, unless otherwise noted.



Sec. 101-21.000  Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220.)

    For information previously contained in this part, see FMR part 85 
(41 CFR part 102-85).

[[Page 234]]


             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.]
----------------------------------------------------------------------------------------------------------------
           FPMR Temp. Reg.                     Subject                  Expires               FR Publication
----------------------------------------------------------------------------------------------------------------
D-1..................................  Assignment and           .......................  62 FR 42070, Aug. 5,
                                        utilization of space.                             1997
----------------------------------------------------------------------------------------------------------------

        Federal Property Management Regulations; Interim Rule D-1

Supplement 1

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 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 Sec. 101-17.205 entitled ``Location of Space.''

    Dated: April 21, 1992.

David J. Barram,
Acting Administrator of General Services


Attachment A

``Subchapter D--Public Buildings and Space

            PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE

Sec. 101-17.000  Scope of part.
    For more information on location of space, see 41 CFR parts 102-71 
through 102-82. To the extent that any policy statements in this part 
are inconsistent with the policy statement in 41 CFR parts 102-71 
through 102-82, the policy statements in 41 CFR parts 102-71 through 
102-82 are controlling.
Sec. 101-17.205  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. Sec. 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.

[[Page 235]]

    (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.
    (g) 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. Secs. 252-266, and Executive 
Order 12072.
    (i) 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 feasible 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.
    (l) 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.
    (m) 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.

[[Page 236]]

    (o) 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 Sec. 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:
    (i) 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.)

[39 FR 23196, June 27, 1974, as amended at 66 FR 5359, Jan. 18, 2001]

[[Page 237]]





                  SUBCHAPTER E--SUPPLY AND PROCUREMENT



                     PARTS 101-22--101-24 [RESERVED]



PART 101-25--GENERAL--Table of Contents




Sec.
101-25.000  Scope of subchapter.
101-25.001  Scope of part.

                   Subpart 101-25.1--General Policies

101-25.100  Use of Government personal property 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 consolidated purchase for direct delivery 
          to use points.
101-25.101-4  Supply through indefinite quantity requirement contracts.
101-25.101-5  Supply through local purchase.
101-25.102  Exchange or sale of personal property 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 activities.
101-25.103-3  Trading stamps or bonus goods received from contractors.
101-25.103-4  Disposition of promotional materials, trading stamps, or 
          bonus goods
101-25.104  Acquisition of office furniture and office machines.
101-25.104-1  Redistribution, repair, or rehabilitation.
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 publications.
101-25.109  Laboratory and research equipment.
101-25.109-1  Identification of idle equipment.
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 contracts.
101-25.110-3  Tires accompanying new motor vehicles.
101-25.110-4  Recordkeeping responsibilities.
101-25.111  Environmental impact policy.
101-25.112  Energy conservation policy.
101-25.113  [Reserved]
101-25.114  Supply management surveys and assistance.

           Subpart 101-25.2--Interagency Purchase Assignments

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 designated executive agencies under 
          authority delegated by the Administrator of General Services.
101-25.205  Arrangement for performance of purchasing functions other 
          than centralized.
101-25.206  Independent purchases by executive 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

101-25.401  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--Purchase or Lease Determinations

101-25.500  Cross-reference to the Federal Acquisition Regulation (FAR) 
          (48 CFR chapter 1, parts 1-99).

Subparts 101-25.6--101-25.49  [Reserved]

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



Sec. 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

[[Page 238]]

for applicability of coverage within each of these several parts.

[29 FR 13256, Sept. 24, 1964]



Sec. 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.

[29 FR 13256, Sept. 24, 1964]



                   Subpart 101-25.1--General Policies

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



Sec. 101-25.100  Use of Government personal 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 Sec. 101-25.100 are enforced to restrict the use 
of Government property/services to officially designated activities.

[40 FR 29818, July 16, 1975]



Sec. 101-25.101  Criteria for determining method of supply.



Sec. 101-25.101-1  General.

    (a) This Sec. 101-25.101 prescribes general criteria governing 
selection of the appropriate methods of supply to be utilized in meeting 
the planned requirements 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 Sec. 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.



Sec. 101-25.101-2  Supply through storage and issue.

    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.
    (4) Where an item is of special manufacture or design and is not 
readily available from commercial sources.
    (5) Where an adequate industry distribution system does not exist to 
assure availability at use point.
    (6) Where volume purchases are necessary to secure timely deliveries 
and advantageous prices.

[[Page 239]]

    (7) Where market conditions are such that supply through storage and 
issue is required to assure adequate supply.
    (8) Where stocking of supplies and equipment necessary for 
implementation of emergency plans is required for an indefinite period.



Sec. 101-25.101-3  Supply through consolidated purchase for direct delivery to use points.

    The following criteria shall govern in determining whether an item 
can be most advantageously supplied through consolidated purchase for 
direct delivery to use points:
    (a) The items shall be equipment or supply items of such a character 
that it is feasible to forecast requirements for delivery to specific 
use points; and
    (b) Conditions exist where any of the following factors requires 
consolidated purchasing of such items for direct delivery to use 
points--
    (1) Where greatest price advantage, both direct and indirect costs 
considered, is obtainable through large definite quantity purchasing.
    (2) Where an item is of special manufacture or design and is not 
readily available from commercial sources.
    (3) Where market conditions are such that central procurement is 
required to assure adequate supply.
    (4) Where contracts for production quantities are necessary to 
secure timely deliveries and advantageous prices.
    (5) Where the quantity is large enough to assure lowest 
transportation costs or, conversely, where transportation costs for 
small quantity redistribution are so excessive that it is not feasible 
to store and issue the items.



Sec. 101-25.101-4  Supply through indefinite quantity requirement contracts.

    The following criteria shall govern in determining whether an item 
can be most advantageously supplied through the medium of indefinite 
quantity requirement contracts covering specific periods and providing 
for delivery to use points as needs arise:
    (a) The item shall be such a character that--
    (1) Handling on a storage and issue basis is not economically sound, 
under the criteria prescribed in Sec. 101-25.101-2;
    (2) Rate of use and frequency of ordering at use points is estimated 
to be sufficient to warrant the making of indefinite quantity 
requirement contracts;
    (3) It is either not feasible to forecast definite requirements for 
delivery to specific use points (as in the case of new items initially 
being introduced into a supply system), or no advantage accrues doing 
so; and
    (b) Industry distribution facilities are adequate properly to serve 
the use points involved; and
    (c) Conditions exist where any of the following factors requires the 
maintaining of indefinite quantity requirements contracts--
    (1) Advantage to the Government is greater than would be secured by 
definite quantity procurements by individual offices or agencies (the 
determining consideration being one of overall economy to the 
Government, rather than one of direct comparison of unit prices of 
individual items obtainable through other methods of supply); or no 
known procurement economies would be effected but the requirements of 
offices of agencies can best be served by indefinite quantity 
requirements contracts.
    (2) Acute competitive bidding problems exist because of highly 
technical matters which can best be met on a centralized contracting 
basis.
    (3) The item is proprietary or so complex in design, function, or 
operation as to be noncompetitive and procurement can best be performed 
on a centralized contracting basis.



Sec. 101-25.101-5  Supply through local purchase.

    The following criteria shall govern in determining whether an item 
should be supplied through local purchase:
    (a) Urgency of need requires local purchase to assure prompt 
delivery;
    (b) The items are perishable or subject to rapid deterioration which 
will not permit delay incident to shipment from distant points;
    (c) The local purchase is within applicable limitation established 
by the agency head; or
    (d) Local purchase will produce the greatest economy to the 
Government.

[[Page 240]]



Sec. 101-25.102  Exchange or sale of personal property for replacement purposes.

    Policies and methods governing executive agencies in exercising the 
authority granted under section 201(c) of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S.C. 481(c)), are 
prescribed in part 101-46.

[31 FR 4997, Mar. 26, 1966]



Sec. 101-25.103  Promotional materials, trading stamps, or bonus goods.



Sec. 101-25.103-1  General.

    Federal agencies in a position to receive promotional materials, 
trading stamps, or bonus goods shall establish internal procedures for 
the receipt and disposition of these gratuities in accordance with 
Sec. 101-25.103. The procedures shall provide for a minimum of 
administrative and accounting controls.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.103-2  Promotional material received in conjunction with official travel from transportation companies, rental car companies, or other commercial 
          activities.

    (a) All promotional materials (e.g., bonus flights, reduced-fare 
coupons, cash, merchandise, gifts, credits toward future free or reduced 
costs of services or goods, etc.) received by employees in conjunction 
with official travel and based on the purchase of a ticket or other 
services (e.g. car rental) are properly considered to be due the 
Government and may not be retained by the employee. The Comptroller 
General of the United States has stated that employees are obligated to 
account for any gift, gratuity, or benefit received from private sources 
incident to the performance of official duties (see Comp. Gen. Decision 
B-199656, July 15, 1981). When an employee receives promotional 
material, the employee shall accept the material on behalf of the United 
States and relinquish it to an appropriate agency official.
    (b) Promotional coupons that provide for future free or reduced 
costs of services (travel) should be integrated into the agency travel 
plans to maximize the benefits to the Government. The coupons should 
then be applied to the maximum extent possible; e.g., coast-to-coast or 
overseas travel, if permitted.
    (c) Promotional coupons that carry a cash surrender value shall be 
redeemed immediately. The cash received from redeemed coupons or other 
cash compensation (i.e., denied boarding or cancellation of reservation 
by carriers, etc.) shall be deposited in accordance with Department of 
Treasury requirements, and credited to miscellaneous receipt account 
1699, ``Miscellaneous Dividends and Earnings, Not Otherwise 
Classified.''
    (d) Promotional materials that cannot be used by the receiving 
agency shall be disposed of in accordance with Sec. 101-25.103-4.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.103-3  Trading stamps or bonus goods received from contractors.

    When contracts contain a price reduction clause, any method (such as 
trading stamps or bonus goods) by which the price of a commodity or 
service is effectively reduced shall constitute a price reduction. 
Temporary or promotional price reductions are to be made available to 
contracting officers under the same terms and conditions as to other 
customers. Procuring activities, however, rather than accept trading 
stamps and bonus goods, shall attempt to deduct the cost of such items 
from the contract price. If obtaining such a price reduction is not 
possible, the contracting officer shall document the contract file to 
that effect and dispose of the items as provided in Sec. 101-25.103.4.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.103-4  Disposition of promotional materials, trading stamps, or bonus goods.

    (a) Agencies shall, through the lowest appropriate activity, arrange 
for transfer of promotional materials, trading stamps, or bonus goods, 
without reimbursement in accordance with internal agency procedures to a 
nearby Federal hospital or similar institution operated, managed, or 
supervised by the Department of Defense (DOD) or

[[Page 241]]

the Veterans Administration (VA) when:
    (1) The contract does not contain a price reduction clause, or
    (2) The contractor refuses to grant a price reduction, and
    (3) It is deemed practical and in the best interest of the 
Government to accept such promotional items as a price reduction, and
    (4) The procuring or receiving agency has no practical use for the 
promotional items.
    (b) Before transferring promotional materials, trading stamps, or 
bonus goods to the above Federal institutions, it must be determined 
that the proposed recipient is prepared to receive and use such items. 
If these items cannot be used by the receiving agency or a medical 
facility, they should be disposed of in accordance with 41 CFR 101-43, 
44 and 45.

[48 FR 48232, Oct. 18, 1983]



Sec. 101-25.104  Acquisition of office furniture and office machines.

    Each executive agency shall make a determination as to whether the 
requirements of the agency can be met through the utilization of already 
owned items prior to the acquisition of new furniture or office 
machines. The acquisition of new items shall be limited to those 
requirements which are considered absolutely essential and shall not 
include upgrading to improve appearance, office decor, or status, or to 
satisfy the desire for the latest design or more expensive lines.
    (a) Generally acquisition of additional furniture or office machines 
from any source will be authorized only under the following 
circumstances, limited to the least expensive lines which will meet the 
requirement (see Sec. 101-26.408 of this chapter with respect to items 
such as typewriters under Federal Supply Schedule contracts), and the 
justification for the action shall be fully documented in the agency 
file:
    (1) For essential requirements arising from quantitative increases 
in onboard employment which constitute the total requirement of any 
agency or major component thereof (e.g. bureau, service, office).
    (2) For essential requirements arising from a need not related to 
onboard employment increases but which are determined necessary to avoid 
impairment of program efficiency.
    (b) Each agency shall restrict replacement of furniture or office 
machines either to usable excess, rehabilitated, or the least expensive 
new lines available which will meet the requirement under the following 
circumstances, authority for which will meet the requirement under the 
following circumstances, authority for which shall be fully documented 
in the agency file:
    (1) Where the agency determines that the item is not economically 
repairable.
    (2) Where reductions in office space occupancy are accomplished 
through use of more convenient or smaller size furniture and the space 
economies thus achieved offset the cost of the furniture to be acquired.

[30 FR 5479, Apr. 16, 1965, as amended at 42 FR 1031, Jan. 5, 1977]



Sec. 101-25.104-1  Redistribution, repair, or rehabilitation.

    Prior to the purchase of new office furniture and office machines, 
agencies shall fulfill needs insofar as practicable through 
redistribution, repair, or rehabilitation of already owned furniture and 
office machines. In furtherance of the use of rehabilitated furniture 
and office machines, agencies shall review inventories on a continuing 
basis to ascertain those items which can be economically rehabilitated 
and institute programs for their orderly repair and rehabilitation. All 
such items which are not required for immediate needs shall be reported 
as excess.

[42 FR 1031, Jan. 5, 1977]



Sec. 101-25.105  [Reserved]



Sec. 101-25.106  Servicing of office machines.

    (a) The determination as to whether office machines are to be 
serviced by use of annual maintenance contracts or per-call arrangements 
shall be made in each case after comparison of the relative cost 
affecting specific types of equipment in a particular location and

[[Page 242]]

consideration of the factors set forth in paragraph (b) of this section.
    (b) Prior to making the determination required by paragraph (a) of 
this section, consideration shall be given to:
    (1) Standard of performance required;
    (2) Degree of reliability needed;
    (3) Environmental factors; i.e., dusty surroundings or other 
unfavorable conditions;
    (4) Proximity to available repair facilities;
    (5) Past experience with service facility; i.e., reputation, 
performance record, quality of work, etc.;
    (6) Daily use (heavy or light) and operator's care of machine;
    (7) Age and performance record of machine;
    (8) Machine inventory in relation to operating needs; i.e., 
availability of reserve machine in case of breakdown;
    (9) Number of machines; including overall frequency of repairs 
required;
    (10) Security restrictions, if any; and
    (11) Other pertinent factors.

[31 FR 14260, Nov. 4, 1966]



Sec. 101-25.107  Guidelines for requisitioning and proper use of consumable or low cost items.

    Consumable and low value items in inventory (cupboard stocks are not 
considered inventory) are subject to accounting and inventory record 
controls in accordance with applicable provisions of law and the 
principles and standards prescribed by the General Accounting Office, 2 
GAO 12.5. Normally, however, the systems of control for such property 
cease at the time of issuance from a warehouse or storeroom to the 
consumer.
    (a) The guidelines set forth in this Sec. 101-25.107 are considered 
minimum to assure proper use of consumable or low cost items by 
individuals, subsequent to issue from accountable records and 
termination of formal accountability. Consumable items, for the purpose 
of this section, are considered to include those items actually consumed 
in use (e.g., pads and pencils) and those items required in performance 
of duties but for which, primarily by reason of the low value involved, 
no formal accountability is maintained after issue, and are generally 
referred to as ``expendable.''
    (b) Approval of requisitions for replenishment of cupboard storeroom 
stocks should be restricted to officials at a responsible supervisory 
level to ensure that supply requirements are justified on the basis of 
essentiality and quantity. Where requisitions are not required, such as 
in obtaining items from GSA customer supply centers, informal ``shopping 
lists'' should be approved at the same level.
    (c) Adequate safeguards and controls should be established to assure 
that issues of expendable supplies are made for official use only. In 
appropriate situations, this will include identification of individuals 
to whom expendable supplies have been issued. Experience has indicated, 
also, that certain items of expendables should not be displayed either 
at seasonal periods of the year or on a permanent basis.
    (d) The items listed below have from experience proven to be 
personally attractive and particularly susceptible to being used for 
other than official duties. Agencies should give special attention to 
these and any other consumable or low cost items when issues are 
excessive when compared with normal program needs.

Attache cases, Ball point pens and refills, Brief cases, Binders, Carbon 
paper, Dictionaries, Felt tip markers, Felt tip pens and refills, File 
folders, Letterex, Letter openers, Pads (paper), Paper clips, Pencils, 
Pencil sharpeners, Portfolios (leather, plastic, and writing pads), 
Rubber bands, Rulers, Scissors, Spray paint and lacquer, Staplers, 
Staples, Staple removers, Tape dispensers, Transparent tape, Typewriter 
ribbons.

[32 FR 4413, Mar. 23, 1967, as amended at 42 FR 1031, Jan. 5, 1977; 51 
FR 13498, Apr. 21, 1986]



Sec. 101-25.108  Multiyear subscriptions for publications.

    Subscriptions for periodicals, newspapers, and other publications 
for which it is known in advance that a continuing requirement exists 
should be for multiple years rather than for a single year where such 
method is advantageous for the purpose of economy or otherwise. Where 
various bureaus or

[[Page 243]]

offices in the same agency are subscribing to the same publication, 
consideration shall be given to consolidating these requirements, to the 
extent practical, on an agency-wide basis and on a multiyear basis. 
Payment covering issues to be delivered during the entire subscription 
period may be made in advance from currently available appropriations 
(31 U.S.C. 530a).

[33 FR 17140, Nov. 19, 1968]



Sec. 101-25.109  Laboratory and research equipment.

    (a) This section prescribes controls for use by Federal agencies in 
managing laboratory and research equipment in Federal laboratories. 
Agencies may establish such additional controls as are appropriate to 
increase the use of already-owned equipment instead of procuring similar 
equipment.
    (b) The term Federal laboratory, as used in this section, means any 
laboratory or laboratory facility in any Government-owned or -leased 
building which is equipped and/or used for scientific research, testing, 
or analysis, except clinical laboratories operating in direct support of 
Federal health care programs. To the extent practicable, agencies should 
observe the provisions of this section with regard to commercial 
laboratories and laboratory facilities which operate under contract with 
the Government and use Government-furnished equipment.

[43 FR 29004, July 5, 1978]



Sec. 101-25.109-1  Identification of idle equipment.

    (a) The provisions of this Sec. 101-25.109-1 apply to all Federal 
laboratories regardless of size.
    (b) Inspection tours of Federal laboratories shall be conducted on a 
scheduled basis, annually, if feasible, but no less than every 2 years, 
for the purpose of identifying idle and unneeded laboratory and research 
equipment. Following each tour, a report of findings shall be prepared 
by the inspection team and, as determined by the agency head or his 
designee, submitted to the head of the laboratory or to a higher agency 
official having laboratories management responsibility. Equipment 
identified by the inspection team as idle or unneeded shall be 
reassigned as needed within the laboratory, placed in an equipment pool, 
or declared excess and made available to other agencies in accordance 
with part 101-43.
    (c) Laboratory inspection teams shall be comprised of senior program 
management, property management, and scientific personnel who are 
familiar with the plans and programs of the laboratory(ies) and who have 
a knowledge of laboratory and research equipment utilization. As 
determined by the agency head or his designee, members of an inspection 
team shall be appointed by either the head of the laboratory or a higher 
agency official having laboratories management responsibility.
    (d) The agency head or his designee shall ensure compliance by 
responsible personnel with the requirements of this Sec. 101-25.109-1 
and shall require that periodic independent reviews of walk-through 
procedures employed in Federal laboratories under his control be 
conducted to determine their effectiveness and to effect modifications 
as appropriate.

[43 FR 29004, July 5, 1978]



Sec. 101-25.109-2  Equipment pools.

    (a) The provisions of this Sec. 101-25.109-2 apply to Federal 
laboratories which occupy an area of 10,000 square feet or more and 
employ 25 or more technical or scientific personnel.
    (b) Equipment pools shall be established in Federal laboratories so 
that laboratory and research equipment can be shared or allocated on a 
temporary basis to laboratory activities and individuals whose average 
use does not warrant the assignment of the equipment on a permanent 
basis. In determining the number and location of equipment pools, 
consideration shall be given to economy of operation, mobility of 
equipment, accessibility to users, frequency of use of the equipment, 
and impact on research programs. Pooling operations should begin 
expeditiously, within 120 days, if feasible, following decisions 
regarding the number and location of pools. If it is determined that an 
equipment pool would not be practical or economical or for any other 
reason is not needed at a particular laboratory, a written report 
supporting

[[Page 244]]

that determination shall be submitted to the agency head or his 
designee. Federal laboratories which do not meet the size and staffing 
criteria in Sec. 101-25.109-2(a) should also establish equipment pools 
whenever feasible; however, these facilities need not submit written 
reports regarding determinations not to establish pools.
    (c) Where the establishment of a physical pool would be economically 
unfeasible due to excessive transportation and handling costs, limited 
personnel resources, or limited space, pooling may be accomplished by 
means of equipment listings. Consideration should be given to the 
establishment of a laboratory advisory committee consisting of technical 
and management personnel to determine the types of equipment to be 
shared or pooled and to identify equipment that is no longer required.
    (1) Equipment pools may also be used to fill requests for temporary 
replacements while permanently assigned equipment is being repaired or 
to provide equipment for new laboratories pending acquisition of 
permanent equipment.
    (2) Although specific pieces of laboratory equipment may not be 
available for assignment to equipment pools, they may be available for 
sharing or loan. Information concerning the availability of this 
equipment can be maintained at a central location such as the equipment 
pools.
    (d) Unless determined unnecessary by the agency head or his 
designee, each Federal laboratory operating equipment pools shall 
prepare and submit to the agency head or his designee an annual report 
concerning the use and effectiveness of equipment pooling.
    (e) The agency head or his designee shall ensure compliance by 
responsible personnel with the provisions of this Sec. 101-25.109-2 and 
shall require that periodic independent reviews of equipment pool 
operations in Federal laboratories under his control be conducted to 
determine their effectiveness and to effect modifications as 
appropriate.

[43 FR 29004, July 5, 1978]



Sec. 101-25.110  Tire identification/registration program.

    The regulations issued by the Department of Transportation in 49 CFR 
part 574, Tire Identification and Recordkeeping, require that tire 
manufacturers maintain or have maintained for them the name and address 
of tire purchasers, the identification number of each tire sold, and the 
name and address of the tire seller (or other means by which the 
manufacturer can identify the tire seller). In addition, distributors 
and dealers are required to furnish such data to manufacturers in 
connection with purchases made directly from them. GSA provides support 
to the Federal Government for tires, and therefore has prescribed the 
following procedures for tires purchased from or through GSA supply 
sources.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.110-1  [Reserved]



Sec. 101-25.110-2  Tires obtained through Federal Supply Schedules or regional term contracts.

    When tire manufacturers ship tires direct against orders placed 
under Federal Supply Schedules, the tire manufacturer will record the 
name and address of the purchaser and the identification numbers of the 
tires involved.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.110-3  Tires accompanying new motor vehicles.

    The tire identifications and recordkeeping regulations issued by the 
Department of Transportation require each motor vehicle manufacturer or 
his designee to maintain a record of tires on or in each vehicle shipped 
by him together with the name and address of the first purchaser.

[37 FR 7794, Apr. 20, 1972]



Sec. 101-25.110-4  Recordkeeping responsibilities.

    The effectiveness of the tire identification and recordkeeping 
regulations depends on the active support and cooperation of all 
agencies to ensure that tires subject to a recall program are not to 
continue in service thereby endangering the lives of the occupants of

[[Page 245]]

the vehicle. Therefore, agencies should establish procedures for 
promptly identifying and locating all tires whether in storage or on 
vehicles so that advice from GSA, the tire manufacturer, or the vehicle 
manufacturer may be acted upon expeditiously.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.111  Environmental impact policy.

    (a) From time to time, Congress enacts legislation pertaining to the 
protection and enhancement of the Nation's environment; e.g., the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321). The 
objective of such legislation is, among other things, the improvement of 
the relationship between people and their environment and the lessening 
of hazards affecting their health and safety. It is the policy of the 
General Services Administration to appropriately implement the various 
provisions of these Acts of Congress as fully as statutory authority 
permits in support of the national policy.
    (b) With respect to the procurement, management, and disposal of 
personal property, the implementation of national environmental policy 
is provided through amendments to the regulations of GSA, changes to 
Federal specifications and standards documents, as appropriate, and 
other actions as may be required when expediency is of prime importance. 
Further, the Federal regulatory agencies have imposed restrictions 
applicable to the procurement, use, and disposal of items supplied 
through the Federal supply system that are known to contain components 
or possess qualities that have an adverse impact on the environment or 
that result in creating unsafe or unhealthy working conditions. Each 
agency, therefore, shall take action as necessary to ensure that the 
objectives and directives of the National Environmental Policy Act, 
other environmental statutes, and applicable regulations are met; 
especially the directive that environmental concerns, effects, and 
values shall be given appropriate consideration with economic and 
technical issues in decisionmaking. Action should include a continuing 
review of the Federal Register and issuances promulgated by the Federal 
regulatory agencies for guidance applicable to the procurement, use, and 
disposal of items that are known to contain components or to possess 
qualities that have an adverse impact on the environment or that result 
in creating unsafe or unhealthy working conditions.

[39 FR 24505, July 3, 1974]



Sec. 101-25.112  Energy conservation policy.

    (a) Agency officials responsible for procurement, management, and 
disposal of personal property and nonpersonal services shall ensure that 
pertinent procurement and property management documents reflect the 
policy set forth in paragraph (b) of this section, which has been 
established pursuant to Public Law 94-163, Energy Policy and 
Conservation Act.
    (b) With respect to the procurement or lease of personal property or 
nonpersonal services, which in operation consume energy or contribute to 
the conservation of energy, executive agencies shall promote energy 
conservation and energy efficiency by being responsive to the energy 
efficiency and/or conservation standards or goals prescribed by the U.S. 
Government.

[43 FR 8800, Mar. 3, 1978]



Sec. 101-25.113  [Reserved]



Sec. 101-25.114  Supply management surveys and assistance.

    Under the provisions of 40 U.S.C. 487, the General Services 
Administration will perform surveys and/or reviews of Government 
property and property management practices of executive agencies. These 
surveys or reviews will be conducted by the Federal Supply Service in 
connection with regular surveys and studies of agency supply management 
practices or when providing assistance in the development of agency 
property accounting systems. Written reports of findings and 
recommendations will be provided to agency heads.

[45 FR 41947, June 23, 1980]

[[Page 246]]



           Subpart 101-25.2--Interagency Purchase Assignments

    Source: 29 FR 15991, Dec. 1, 1964, unless otherwise noted.



Sec. 101-25.201  General.

    (a) This subpart prescribes the basic policy for interagency 
purchase assignments within the executive branch of the Government. It 
is directly applicable to executive agencies and concerns other Federal 
agencies in their purchasing from, through, or under contracts made by 
executive agencies.
    (b) The term purchase assignment as used in this subpart shall 
normally be considered to include performance of the following 
functions:
    (1) Arranging with requiring agencies for phased submission of 
requirements and procurement requisitions.
    (2) Soliciting and analyzing bids and negotiating, awarding, and 
executing contracts.
    (3) General contract administration.
    (4) Arranging for inspection and delivery.
    (5) Promotion of a maximum practicable degree of standardization in 
specifications and establishment of Federal Specifications, when 
possible, in accordance with applicable regulations.
    (c) Notice of purchase assignments and applicable delegations of 
authority, made under the provisions of this subpart 101-25.2, shall be 
furnished to the General Accounting Office by GSA.



Sec. 101-25.202  Factors to be used to determine assignment of purchase responsibility.

    With their consent or upon direction of the President, executive 
agencies will be designated and authorized by the Administrator of 
General Services exclusively, or with specified limited exceptions, to 
make purchases and contracts on a continuing basis for items or item 
groups of articles and services for the executive branch of the 
Government, after due consideration of the following factors, weighted 
as appropriate:
    (a) Current or potential predominant use or consumption by a given 
agency.
    (b) Availability of funds to carry out the assignment on a 
Government-wide basis or with limited exceptions.
    (c) Specialized personnel, or the nucleus of such personnel, 
regularly employed by the agency, such as scientific, research, and 
operating technicians, especially qualified or experienced in 
specification writing, buying, inspecting, testing, using, installing, 
or operating a particular item or group of items.
    (d) Custodianship and operation of special facilities such as 
research and testing laboratories and inspection or testing stations and 
devices.
    (e) Actual or potential qualifications and experience of agency 
purchasing and contracting officials and their operating units with due 
regard to adequacy of staff.
    (f) Past experience of the agency in performing services to other 
agencies on an informal or joint cooperative basis.
    (g) Relations of the agency with the industry involved.
    (h) Physical proximity of the agency purchasing office or offices to 
the requirement-compiling elements of the principal using agencies.
    (i) Physical location of the agency purchasing office or offices in 
relation to market areas.
    (j) Physical proximity of the agency purchasing offices in relation 
to engineering or design offices, in the interest of speed in processing 
modifications in design and specifications, and also reviewing bids for 
specifications compliance.
    (k) Relative interest of agency heads in receiving the purchase 
assignment and specific requests of agency heads to do the buying of a 
given item or group of items on a Government-wide basis.



Sec. 101-25.203  Centralized purchases by GSA.

    GSA will exclusively, or with specified limited exceptions, make 
purchases and contracts on a continuing basis for articles and services 
for the executive branch of the Government in the interest of lower 
prices, improved quality, and service or standardization when:

[[Page 247]]

    (a) The item or item groups of articles and services are items of 
``common-use'' which are defined as items of standard commercial 
production or items covered by Federal Specifications commonly used by 
both civilian and military activities, or by two or more civilian 
activities, and not requiring such substantial alterations to adapt them 
to military or other particular application as to render inclusion in a 
centralized purchasing program impracticable; or
    (b) A number of agencies, representing the majority users according 
to dollar volume, request GSA to make purchases and contracts 
exclusively for a given item or item groups of articles and services 
even though not ``common-use'' items as defined in Sec. 101-25.203(a); 
and
    (c) GSA is best equipped to do the buying based upon the factors 
listed in Sec. 101-25.202, or must of necessity act as the central 
purchasing office when other agencies more appropriately suited to make 
central purchases do not do so and are not so directed by the President; 
and
    (d) The head of another executive agency has not been delegated 
authority by the Administrator of General Services exclusively, or with 
specified limited exceptions, to make purchases and contracts for 
prescribed items or item groups of articles and services for the 
executive branch of the Government in accordance with Secs. 101-25.202 
and 101-25.204.
    (e) GSA has issued appropriate regulations, or a Federal Supply 
Schedule, specifically designating the item or item groups of articles 
or services that fall within paragraphs (a), (b), and (c) of this 
Sec. 101-25.203 that are thereafter to be purchased exclusively for all 
executive agencies, or with specified limited exceptions, by GSA.



Sec. 101-25.204  Centralized purchases by designated executive agencies under authority delegated by the Administrator of General Services.

    Designated executive agencies will exclusively, or with specified 
limited exceptions, make purchases and contracts on a continuing basis 
for items or item groups of articles and services for the executive 
branch of the Government in the interest of lower prices, improved 
quality, and service or standardization when:
    (a) The Administrator of General Services has determined, based upon 
the factors listed in Sec. 101-25.202, that a selected executive agency 
is best equipped to perform certain purchasing and contracting 
functions, and the Administrator of General Services has issued 
appropriate regulations designating the categories of articles or 
services complying with paragraphs (a), (b), and (c) of Sec. 101-25.203 
that are to be purchased exclusively by the named executive agency under 
authority delegated by the Administrator of General Services; and
    (b) The head of the designated executive agency has issued 
appropriate instructions, or a Federal Supply Schedule, under authority 
as delegated by and in the form approved by the Administrator, 
specifically designating the item or item groups of articles or services 
that are thereafter to be purchased exclusively for all executive 
agencies, or with specified limited exceptions, by the designated 
executive agency.



Sec. 101-25.205  Arrangement for performance of purchasing functions other than centralized.

    (a) Upon request, GSA will make purchases and contracts for any of 
the items or item groups of articles or services authorized to be 
purchased independently by executive agencies. GSA will also arrange, on 
a basis mutually agreeable, with any executive agency to perform its 
purchase and contracting functions on a continuing basis, if requested 
in writing to do so by the agency head, provided the arrangements agreed 
upon will result in lowered cost or improved service either to the 
individual agency or to the Government as a whole.
    (b) In those instances where lowered cost or improved service, 
either to an individual agency or to the Government as a whole will 
result, GSA will arrange, on a basis mutually agreeable to the agencies 
involved, to assign all or a portion of the purchase and contracting 
functions of one executive agency to another executive agency on a 
continuing basis.

[[Page 248]]



Sec. 101-25.206  Independent purchases by executive agencies.

    Items or groups of items of articles or services may be purchased 
independently by executive agencies, in accordance with regulations of 
GSA otherwise applicable, when:
    (a) Not otherwise prescribed in current regulations, or included in 
mandatory Federal Supply Schedules, issued by GSA or by another 
executive agency designated by the Administrator of General Services.
    (b) For emergency requirements when time does not permit purchasing 
through the authorized central purchasing agency. A record shall be 
maintained of such transactions and be made available to the responsible 
central purchasing agency upon request.
    (c) By consultation between GSA and agencies concerned, it is 
determined that interagency purchase assignment would adversely affect 
the national security or military operations.
    (d) The purchases cannot be publicly disclosed in the interest of 
national security.



                     Subpart 101-25.3--Use Standards



Sec. 101-25.301  General.

    (a) This subpart prescribes minimum use standards for certain 
Government-owned personal property which shall be applied by all 
executive agencies. Additional criteria above these minimum standards 
shall be established by each executive agency, limiting its property to 
the minimum requirements necessary for the efficient functioning of the 
particular office concerned. This subpart does not apply to automatic 
data processing equipment (ADPE) which is covered in the Federal 
Information Resources Management Regulation (FIRMR) (41 CFR Chapter 
201).
    (b) Additional use standards should be established by all executive 
agencies for other Government-owned property under their control 
whenever use standards will effect economy and efficiency in the use of 
such property.
    (c) All items of property, determined to be excess to the needs of 
an agency as a result of the application of use standards, shall be 
promptly reported in accordance with part 101-43.

[29 FR 15993, Dec. 1, 1964, as amended at 61 FR 14978, Apr. 4, 1996]



Sec. 101-25.302  Office furniture, furnishings, and equipment.

    (a) Each executive agency shall establish criteria for the use of 
office furniture, furnishings, and equipment. Such criteria shall be in 
consonance with the provisions of Sec. 101-25.104 pertaining to office 
furniture and office machines and shall be limited to the minimum 
essential requirements as established by the agency head for authorized 
functions and programs which will, beyond a reasonable doubt, be in 
operation within the following 6 months.
    (b) In developing such criteria, a distinction shall be made between 
the requirements of organizational elements concerned with purely 
administrative functions, and those of a technical, scientific, or 
specialized nature.
    (c) Items of office equipment, used only occasionally, should be 
pooled within an agency and made available to activities of the agency 
when and as necessary.

[29 FR 15993, Dec. 1, 1964, as amended at 42 FR 1031, Jan. 5, 1977]



Sec. 101-25.302-1  [Reserved]



Sec. 101-25.302-2  Filing cabinets.

    Executive agencies shall make every effort to effect maximum use of 
filing cabinets and to limit the purchase of new equipment. Filing 
cabinets should be replaced only in accordance with the standards in 
subpart 101-25.4. Maximum utilization of equipment should be obtained 
by:
    (a) Disposing of all records that have been authorized for 
disposition by the Congress or, where such authorization has not been 
obtained, through the preparation and obtaining of authorized disposal 
schedules with the assistance of the National Archives and Records 
Administration.
    (b) Removing office supplies, publications, and other nonrecord 
material from filing cabinets to more suitable storage equipment, except 
where the quantity of such material is small (as a rule, less than half 
a cabinet).

[[Page 249]]

    (c) Transferring to Federal Records Centers or approved agency 
records centers (to the extent that facilities are made available) 
inactive records not needed in daily business but not yet ready for 
disposal, when filing equipment can be released by such action.
    (d) Shifting less active files, not transferable to approved records 
centers, to fiberboard storage boxes, using filing cabinets only when 
files are constantly used.
    (e) Using filing cabinets with locks only when required by special 
needs that cannot be satisfied less expensively.
    (f) Using letter-size filing cabinets instead of legal-size whenever 
possible.
    (g) Using 5-drawer filing cabinets whenever available in lieu of 4-
drawer cabinets.

[29 FR 15993, Dec. 1, 1964, as amended at 53 FR 11848, Apr. 11, 1988; 61 
FR 14978, Apr. 4, 1996]



Secs. 101-25.302-3--101-25.302-4  [Reserved]



Sec. 101-25.302-5  Carpeting.

    (a) Carpeting is authorized for use where it can be justified over 
other types of floor covering on the basis of cost, safety, insulation, 
acoustical control, the degree of interior decoration required, or the 
need to maintain an environment commensurate with the purpose for which 
the space is allocated.
    (b) In connection with new construction or alteration of space, if 
it is known that the area will eventually require carpeting, then 
resilient floor covering should be omitted and the carpeting installed 
initially.

[43 FR 18673, May 2, 1978, as amended at 49 FR 48546, Dec. 13, 1984]



Sec. 101-25.302-6  [Reserved]



Sec. 101-25.302-7  Draperies.

    Draperies are authorized for use where justified over other types of 
window coverings on the basis of cost, insulation, acoustical control, 
or maintenance of an environment commensurate with the purpose for which 
the space is allocated. Determining whether the use of draperies is 
justified is a responsibility of the agency occupying the building or 
space involved after consultation with the agency operating or managing 
the building. Authorized draperies shall be of non-combustible or flame-
resistant fabric as required in Sec. 101-20.105-1.

[61 FR 14978, Apr. 4, 1996]



                 Subpart 101-25.4--Replacement Standards



Sec. 101-25.401  General.

    This subpart prescribes minimum replacement standards to be used by 
executive agencies desiring to replace specified types of items 
indicated in this subpart. Executive agencies shall retain items which 
are in usable workable condition even though the standard permits 
replacement, provided the item can continue to be used or operated 
without excessive maintenance cost or substantial reduction in trade-in 
value.

[29 FR 15994, Dec. 1, 1964]



Sec. 101-25.402  Motor vehicles.

    Replacement of motor vehicles shall be in accordance with the 
standards prescribed in Sec. 101-38.402.

[53 FR 11848, Apr. 11, 1988]



Sec. 101-25.403  [Reserved]



Sec. 101-25.404  Furniture.

    Furniture (office, household and quarters, and institutional) shall 
not be replaced unless the estimated cost of repair or rehabilitation 
(based on GSA term contracts), including any transportation expense, 
exceeds at least 75 percent of the cost of a new item of the same type 
and class (based on prices as shown in the current edition of the GSA 
Supply Catalog, applicable Federal Supply Schedules, or the lowest 
available market price). An exception is authorized in those unusual 
situations in which rehabilitation of the furniture at 75 percent or 
less of the cost of a new item would not extend its useful life for a 
period compatible with the cost of rehabilitation as determined by the 
agency head or his designee.

[38 FR 28566, Oct. 15, 1973]

[[Page 250]]



Sec. 101-25.404-1  Limitation.

    Nothwithstanding the provisions in Sec. 101-25.404, agencies shall 
limit acquisition of new office furniture to essential requirements as 
provided in Sec. 101-25.104. Replacement of correspondence filing 
cabinets will be governed by the provisions of Sec. 101-26.308.

[61 FR 14978, Apr. 4, 1996]



Sec. 101-25.405  Materials handling equipment.

    (a) Materials handling equipment will not be replaced unless the 
estimated cost of necessary one-time repair or reconditioning of each 
piece of equipment exceeds, at lowest available cost, the applicable 
percentage of acquisition cost as shown in column 3 of the following 
table. Equipment eligible for replacement under the criteria established 
by this standard may be repaired provided the expected economical life 
is extended commensurate with the expenditure required. Prior to 
incurring repair costs for equipment eligible for replacement, 
consideration should be given to the continuing availability of repair 
parts.
    (1) Years in use shall be determined in accordance with the 
following:
    (i) An operating month is considered equal to 100 operating hours. 
For materials handling equipment in storage, one month in storage equals 
50 hours of operation.
    (ii) The number of years in use is determined by dividing the number 
of operating months by 12. The fractional years in use resulting from 
this computation will be rounded to the nearest full year.

----------------------------------------------------------------------------------------------------------------
                                          Column 2--   Column 3--Maximum allowable ``one-time repair limits'' as
                                           Expected         percentage of acquisition costs (years in use)
         Column 1--Type of unit            years of  -----------------------------------------------------------
                                          economical
                                             use       1   2   3   4   5   6   7   8   9  10  11  12  13  14  15
----------------------------------------------------------------------------------------------------------------
                Gasoline
Fork truck (2000 pounds to 6000 pounds)           8   50  45  40  30  25  20  15  10  ..  ..  ..  ..  ..  ..  ..
Fork truck (over 6000 pounds)..........          10   50  45  40  35  30  25  20  15  10  10  ..  ..  ..  ..  ..
Tractor................................           8   50  45  40  30  25  20  15  10  ..  ..  ..  ..  ..  ..  ..
Crane..................................          12   50  50  45  45  40  40  35  30  25  20  15  10  ..  ..  ..
Platform truck.........................           8   50  45  40  30  25  20  15  10  ..  ..  ..  ..  ..  ..  ..
Straddle truck.........................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
 
                Electric
 
Fork truck (2000 pounds to 6000 pounds)          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Tractor................................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Crane..................................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Platform truck.........................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
Pallet truck...........................          15   50  50  50  45  45  45  40  40  35  35  30  25  20  15  10
----------------------------------------------------------------------------------------------------------------

    (2) In using the maximum allowable one-time repair limits in column 
3 of the table, costs such as parts, labor, and transportation incident 
to the repairs, are to be included in computing one-time repair costs. 
However, operating expenses such as fuels and lubricants, replacement 
tires and batteries, and antifreeze will not be included in the one-time 
repair cost estimate.
    (b) Notwithstanding the limitations prescribed in Sec. 101-
25.405(a), materials handling equipment may be replaced under the 
following conditions provided a written justification supporting such 
replacement is approved by the agency head or an authorized designee. 
The justification shall be retained in the agency files.
    (1) When the cumulative repair costs on a piece of equipment appears 
to be excessive as indicated by repair records. However, because an item 
of equipment accrues repair costs equal to the acquisition cost, it is 
not necessarily indicative of the current condition of the equipment. 
For example, a substantial repair expenditure included in the cumulative 
cost may actually have resulted in restoring the equipment to as good as 
new condition. While cumulative repair costs suggest an area for 
investigation, they should not be used as the principal ingredient

[[Page 251]]

in the repair/replacement decision making process.
    (2) When repair parts are not available causing excessive equipment 
out-of-service time.
    (3) When the equipment lacks essential features required in a 
particular task which is of a continuing nature and other suitable 
equipment is not readily available.

[32 FR 12400, Aug. 25, 1967]



           Subpart 101-25.5--Purchase or Lease Determinations



Sec. 101-25.500  Cross-reference to the Federal Acquisition Regulation (FAR) (48 CFR chapter 1, parts 1-99).

    For guidance see Federal Acquisition Regulation Subpart 7.4 (48 CFR 
Subpart 7.4).

[64 FR 34734, June 29, 1999]

Subparts 101-25.6--101-25.49 [Reserved]



PART 101-26--PROCUREMENT SOURCES AND PROGRAM--Table of Contents




Sec.
101-26.000  Scope of part.

                        Subpart 101-26.1--General

101-26.100  Scope of subpart.
101-26.100-1  Procurement of lowest cost items.
101-26.100-2  Request for waivers.
101-26.100-3  Warranties.
101-26.101  Utilization of long supply and excess personal property.
101-26.102  Special buying services.
101-26.102-1  General.
101-26.102-2  Utilization by military agencies.
101-26.102-3  Procurement leadtime.
101-26.102-4  Payment to GSA contractors.
101-26.103  Establishing essentiality of requirements.
101-26.103-1  Policy for personal property.
101-26.103-2  Restriction on personal convenience items.
101-26.104  End-of-year submission of requisitions for action by GSA.
101-26.105  Justification to support negotiated procurement by GSA for 
          other agencies.
101-26.106  Consolidation of requirements.
101-26.107  Priorities for use of supply sources.

             Subpart 101-26.2--Federal Requisitioning System

101-26.200  Scope of subpart.
101-26.201  General.
101-26.202  Applicability.
101-26.203  Activity address codes.
101-26.204--101-26.205  [Reserved]
101-26.206  GSA assistance.

            Subpart 101-26.3--Procurement of GSA Stock Items

101-26.300  Scope of subpart.
101-26.301  Applicability.
101-26.301-1  Similar items.
101-26.301-2  Issue of used, repaired, and rehabilitated items in 
          serviceable condition.
101-26.302  Standard and optional forms.
101-26.303  Out-of-stock items.
101-26.304  Substitution policy.
101-26.305  Submission of orders to GSA.
101-26.306  Planned requisitioning for GSA stock items.
101-26.307  Processing overages, shortages, and damages.
101-26.308  Obtaining filing cabinets.
101-26.309  Cancellation of orders for GSA stock items.
101-26.310  Ordering errors.
101-26.311  Frustrated shipments.

Subpart 101-26.4--Federal Supply Schedules  [Reserved]

               Subpart 101-26.5--GSA Procurement Programs

101-26.500  Scope and applicability of subpart.
101-26.501  Purchase of new motor vehicles.
101-26.501-1  General.
101-26.501-2  Standardized buying programs.
101-26.501-3  Consolidated purchase program.
101-26.501-4  Submission of orders.
101-26.501-5  Procurement time schedules.
101-26.501-6  Forms used in connection with delivery of vehicles.
101-26.501-7  Sale of vehicles.
101-26.501-8  [Reserved]
101-26.501-9  Centralized motor vehicle leasing program.
101-26.502  U.S. Government National Credit Card.
101-26.503  Multiple award schedule purchases made by GSA supply 
          distribution facilities.
101-26.504  [Reserved]
101-26.505  Office and household furniture and furnishings.
101-26.505-1  Description of office and household furniture.
101-26.505-2  Description of office and household furnishings.

[[Page 252]]

101-26.505-3  Requests to procure similar items from sources other than 
          GSA supply sources.
101-26.505-4--101-26.505-6  [Reserved]
101-26.505-7  GSA assistance in selection of furniture and furnishings.
101-26.506  Interior planning and design services.
101-26.506-1  Types of service.
101-26.506-2  Limitations.
101-26.506-3  Submission of requests.
101-26.506-4  Acceptance and processing of requests.
101-26.506-5  Reimbursement for services.
101-26.507  Security equipment.
101-26.507-1  Submission of requisitions.
101-26.507-2  Procurement time schedule.
101-26.507-3  Purchase of security equipment from Federal Supply 
          Schedules.
101-26.507-4  Quantities in excess of the maximum order limitation.
101-26.508  Electronic data processing (EDP) tape and instrumentation 
          tape (wide and intermediate band).
101-26.508-1  Requisitioning data processing tape available through 
          Federal Supply Schedule contracts.
101-26.508-2  Requisitioning data processing tape not available from 
          Federal Supply Schedule contracts.
101-26.508-3  Consolidation of requisitions.
101-26.509  Tabulating machine cards.
101-26.509-1  Requisitioning tabulating machine cards available from 
          Federal Supply Schedule contracts.
101-26.509-2  Requisitioning tabulating machine cards not available from 
          Federal Supply Schedule contracts.
101-26.509-3  Consolidation of requisitions.

          Subpart 101-26.6--Procurement Sources Other Than GSA

101-26.600  Scope and applicability of subpart.
101-26.601  [Reserved]
101-26.602  Fuels and packaged petroleum products obtained from or 
          through the Defense Logistics Agency.
101-26.602-1  Procurement of lubricating oils, greases, and gear 
          lubricants.
101-26.602-2  Procurement of packaged petroleum products.
101-26.602-3  Procurement of gasoline, fuel oil (diesel and burner), 
          kerosene, and solvents.
101-26.602-4  Procurement of coal.
101-26.602-5  Procurement of natural gas from the wellhead and other 
          supply sources.
101-26.603  Electronic items available from the Defense Logistics 
          Agency.
101-26.605  Items other than petroleum products and electronic items 
          available from the Defense Logistics Agency.
101-26.606  Supply support available from the inventory control points 
          of the military departments.
101-26.607  Billings.
101-26.607-1  Payments.
101-26.607-2  Adjustments.
101-26.607-3  Emergency requirements.

Subpart 101-26.7--Procurement Sources Other Than GSA and the Department 
                               of Defense

101-26.700  Scope and applicability of subpart.
101-26.701  Purchase of products and services from the blind and other 
          severely handicapped persons.
101-26.702  Purchase of products manufactured by the Federal Prison 
          Industries, Inc.
101-26.703  Marginally punched continuous forms.
101-26.704  Purchase of nonperishable subsistence (NPS) items.

Subpart 101-26.8--Discrepancies or Deficiencies in GSA or DOD Shipments, 
                          Material, or Billings

101-26.800  Scope of subpart.
101-26.801  Applicability.
101-26.802  Exclusions.
101-26.803  Discrepancies or deficiencies in shipments, material, or 
          billings.
101-26.803-1  Reporting discrepancies or deficiencies.
101-26.803-2  Reporting quality deficiencies.
101-26.803-3  Reporting of discrepancies in transportation, shipments, 
          material, or billings.
101-26.803-4  Adjustments.

Subparts 101-26.9--101-26.48  [Reserved]

                Subpart 101-26.49--Illustrations of Forms

101-26.4900  Scope of subpart.
101-26.4901  Standard forms.
101-26.4901-149  Standard Form 149, U.S. Government National Credit 
          Card.
101-26.4902  GSA forms.
101-26.4902-457  GSA Form 457, FSS Publications Mailing List 
          Application.
101-26.4902-1398  GSA Form 1398: Motor vehicle purchase and inspection 
          label.
101-26.4902-1424  GSA Form 1424, GSA Supplemental Provisions.
101-26.4902-1781  GSA Form 1781, Motor Vehicle Requisition--Delivery 
          Order.
101-26.4902-2891  GSA Form 2891, Instructions to Users of Federal Supply 
          Schedules.
101-26.4904  Other agency forms.
101-26.4904-416  DD Form 416: Purchase Request for Coal, Coke, or 
          Briquettes.

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

[[Page 253]]



Sec. 101-26.000  Scope of part.

    This part prescribes policies and procedures which govern the 
procurement of personal property and nonpersonal services by Federal 
agencies from or through GSA supply sources as established by law or 
other competent authority. The specific subparts or sections covering 
the subject matter involved prescribe the extent to which the sources of 
supply are to be used by Government agencies. Certain civilian and 
military commissaries and nonappropriated fund activities are also 
eligible to use GSA supply sources for their own use, not for resale, 
unless otherwise authorized by the individual Federal agency and 
concurred in by GSA. Policy and procedures pertaining to purchasing of 
property or contracting for services from commercial sources, without 
recourse to established GSA supply sources, are provided in the Federal 
Acquisition Regulation (FAR) (48 CFR chapter 1).

[56 FR 12455, Mar. 26, 1991]



                        Subpart 101-26.1--General



Sec. 101-26.100  Scope of subpart.

    This subpart provides policy guidance of a general nature concerning 
procurement of lowest cost items obtainable from GSA supply sources; 
availability from GSA of special buying services in addition to the 
specified GSA procurement sources; criteria for placing end-of-year 
purchase documents with GSA and for insuring that end-of-year 
requisitions placed with GSA obligate the applicable fiscal year 
appropriation; and justification requirements to support negotiated 
procurement by GSA for other agencies.

[36 FR 17423, Aug. 31, 1971]



Sec. 101-26.100-1  Procurement of lowest cost items.

    GSA provides lines of similar items to meet particular end-use 
requirements under the GSA stock program, special order program (SOP) 
established source, and the Federal Supply Schedule program. Although 
these similar items may differ in terms of price, quality, and essential 
characteristics, they often can serve the same functional end-use 
procurement needs of the various ordering agencies. Therefore, in 
submitting requisitions or placing delivery orders for similar items 
obtainable from GSA sources, agencies shall utilize the source from 
which the lowest cost item can be obtained which will adequately serve 
the functional end-use purpose.

[56 FR 12455, Mar. 26, 1991]



Sec. 101-26.100-2  Request for waivers.

    Waiver requests, when required by Sec. 101-26.102-1 (special order 
program established source items), Sec. 101-26.301 (GSA stock items) or 
Sec. 101-26.401-3(b) (Federal Supply Schedule items), shall be submitted 
to the Commissioner, Federal Supply Service (F), General Services 
Administration, Washington, DC 20406. Waiver requests will be approved 
if considered justified. Approval of a waiver request does not 
constitute authority for a sole source procurement. Depending on the 
basis for the waiver request, each request shall contain the following 
information:
    (a) Waiver requests based on determination that the GSA item is not 
of the requisite quality or will not serve the required functional end-
use purpose of the agency requesting the waiver shall include the 
following information with each request:
    (1) A complete description of the type of item needed to satisfy the 
requirement. Descriptive literature such as cuts, illustrations, 
drawings, and brochures which show the characteristics or construction 
of the type of item or an explanation of the operation should be 
furnished whenever possible.
    (2) The item description and the stock number (NSN if possible) of 
the GSA item being compared. Inadequacies of the GSA items in performing 
the required functions.
    (3) The quantity required. (If demand is recurrent, nonrecurrent, or 
unpredictable, so state.)
    (4) The name and telephone number of the person to be contacted when 
questions arise concerning the request.
    (5) Other pertinent data, when applicable.
    (b) Waiver request based on determination that the GSA item can be 
purchased locally at a lower price shall include the following 
information with each request. However, the price alone

[[Page 254]]

of an item without other substantive consideration will not be 
considered sufficient justification to approve a waiver request.
    (1) A complete description of the type of item needed to satisfy the 
requirement.
    (2) The quantity required. (If demand is recurrent, nonrecurrent, or 
unpredictable, so state.)
    (3) The destination of item to be delivered.
    (4) The name and address of source.
    (5) A price comparison with the GSA item, including the NSN of the 
GSA item. Cost comparisons shall include the agency administrative cost 
to effect the local purchase.
    (6) The name and telephone number of the person to be contacted when 
questions arise concerning the request.
    (7) Other pertinent data, when applicable.
    (c) When the item is a Standard or optional form available from GSA 
stock, the provisions of Sec. 101-26.302 apply.
    (d) Agencies shall not initiate action to procure similar items from 
non-GSA sources until a request for a waiver has been requested from and 
approved by GSA. The fact that action to procure a similar item has been 
initiated will not influence GSA action on a request for waiver.
    (e) Waivers are not required for items or services procured in 
accordance with the policy set forth in Sec. 101-26.100-1 relating to 
the acquisition of the lowest cost item from GSA sources, Sec. 101-
26.401-4(f) relating to the purchase of products that are available at 
prices lower than the prices of identical products provided by multiple 
award Federal Supply Schedule contracts, or when an urgent requirement 
exists in accordance with FAR 6.302-2 (48 CFR 6.302-2).

[56 FR 12455, Mar. 26, 1991]



Sec. 101-26.100-3  Warranties.

    Through its procurement sources and programs GSA provides for 
certain types of items and services which are covered by warranties. 
Such warranties allow ordering activities additional time after 
acceptance within which to assert a right to correct certain 
deficiencies in supplies or services furnished. The additional time 
period and the specific corrective actions for which the contractor is 
responsible are usually stated in the warranty. Items and services 
subject to warranties are normally identified by a warranty marking or 
notice. Such marking or notice will state that a warranty exists, its 
extent of coverage, its duration, and whom to notify concerning defects. 
Using activities shall take the following actions when items or services 
(except for automotive vehicles and components which are subject to the 
provisions of Sec. 101-26.501-6) covered by warranty provisions are 
found to be defective during the warranty period.
    (a) Activities shall attempt to resolve all complaints where a 
warranty is involved. If the contractor replaces the item or corrects 
the deficiency, a Standard Form (SF) 368, Product Quality Deficiency 
Report, in duplicate, shall be sent to the GSA Discrepancy Reports 
Center (6FR), 1500 East Bannister Road, Kansas City, MO 64131-3088. The 
resolution of the case should be clearly stated in the text of the SF 
368. This information will be maintained as a quality history file for 
use in future procurements.
    (b) If the contractor refuses to correct, or fails to replace, a 
defective item or an aspect of service under the warranty, an SF 368, in 
duplicate, along with copies of all pertinent correspondence, shall be 
submitted to the contracting officer in the appropriate GSA commodity 
center for necessary action. The address of the contracting officer is 
contained in the contract/purchase order, except for schedule items 
where the address is shown in the Federal Supply Schedule.

[56 FR 12456, Mar. 26, 1991]



Sec. 101-26.101  Utilization of long supply and excess personal property.

    To the fullest extent practicable, agencies shall utilize 
inventories in long supply, as prescribed in subpart 101-27.3, and 
excess personal property, as prescribed in part 101-43, as a first 
source of supply in fulfilling their requirements.

[34 FR 200, Jan. 7, 1969]

[[Page 255]]



Sec. 101-26.102  Special buying services.



Sec. 101-26.102-1  General.

    The special buying services of GSA are performed through the GSA 
special order program (SOP). The SOP allows an agency to obtain items 
not included in either the GSA stock or Federal Supply Schedule program. 
All executive agencies within the United States (including Hawaii and 
Alaska), in order to maximize the use of the Government's centralized 
supply system, shall request SOP items by submitting requisitions for 
GSA centrally managed items to GSA. GSA will process all requisitions 
for SOP items, regardless of total line item value, from activities 
electing to purchase from GSA. If an agency determines that alternative 
sources are more favorable, procurement from other sources is 
authorized: Provided, that the dollar thresholds and criteria outlined 
in Sec. 101-26.301(b)(1) through (3) are followed.

[56 FR 12456, Mar. 26, 1991]



Sec. 101-26.102-2  Utilization by military agencies.

    Military activities shall utilize the buying services of GSA when:
    (a) GSA has agreed with the Secretary of Defense, or with the 
Secretary of a military department in connection with the requirements 
of that department, to perform such buying services; and
    (b) The items involved are not properly obtainable from GSA stock or 
Federal Supply Schedules.

[29 FR 15610, Nov. 20, 1964, as amended at 36 FR 17423, Aug. 31, 1971]



Sec. 101-26.102-3  Procurement leadtime.

    When GSA performs the purchasing services for other agencies or 
activities as contemplated by this Sec. 101-26.102-3, calculation of the 
delivery dates required for the items involved must be based on the 
procurement leadtimes illustrated in the GSA publication, FEDSTRIP 
Operating Guide. These leadtimes are based on the normal time required 
after receipt of agency requisitions by GSA to effect delivery to 
destinations within the 50 States.
    (a) Time required to obtain any additional essential information 
from the requisitioning office for use in issuing a solicitation for 
bids or offers is not included in the leadtimes.
    (b) If unusually large quantities or complex items are required, 
leadtime adjustments should be made to reflect the specfic requirement. 
As an example, standard furniture items can usually be delivered in less 
than 90 days after receipt of the requisition. However, for large 
quantity or complex orders requiring a definite quantity procurement, 
delivery times may range from 4 to 6 months. Footnotes relating to 
classes where this is a frequent occurence are shown in the procurement 
leadtime table illustrated in the FEDSTRIP Operating Guide.
    (c) The procurement leadtime table illustrated in the FEDSTRIP 
Operating Guide does not apply to public exigency or other high priority 
requisitions; however, it should be used as a guide to establish 
realistic required delivery dates for such requisitions.

[32 FR 17939, Dec. 15, 1967, as amended at 40 FR 41093, Sept. 5, 1975; 
57 FR 3949, Feb. 3, 1992]



Sec. 101-26.102-4  Payment to GSA contractors.

    Policies and procedures covering payment to GSA contractors for 
supplies and services furnished by GSA to Government agencies are in 
subpart 101-2.1.

[47 FR 8779, Mar. 2, 1982]



Sec. 101-26.103  Establishing essentiality of requirements.



Sec. 101-26.103-1  Policy for personal property.

    To obtain maximum benefit from Government funds available for 
procurement of personal property, each executive agency shall:
    (a) Insure that personal property currently on hand is being 
utilized to the fullest extent practical and provide supporting 
justification prior to effecting new procurement for similar type 
property. (When the proposed procurement is for similar items from non-
GSA sources, the provisions of Sec. 101-26.100-2 apply.)
    (b) Procure the minimum quantity and quality of property which is 
required to support the mission of the

[[Page 256]]

agency and to satisfy the function for which the property is required.
    (c) Limit procurement of different varieties, types, sizes, colors, 
etc., of required items to those essential in satisfying the functional 
end-use purpose. To this end the quantity, quality, and variety of 
personal property required to adequately perform the end-use function 
should be determined prior to initiation of procurement processes.

[36 FR 17423, Aug. 31, 1971]



Sec. 101-26.103-2  Restriction on personal convenience items.

    Government funds may be expended for pictures, objects of art, 
plants, or flowers (both artificial and real), or any other similar type 
items when such items are included in a plan for the decoration of 
Federal buildings approved by the agency responsible for the design and 
construction. Determinations as to the need for purchasing such items 
for use in space assigned to any agency are judgments reserved to the 
agency. Determinations with respect to public space such as corridors 
and lobbies are reserved to the agency responsible for operation of the 
building. Except as otherwise authorized by law, Government funds shall 
not be expended for pictures, objects of art, plants, flowers (both 
artificial and real), or any other similar type items intended solely 
for the personal convenience or to satisfy the personal desire of an 
official or employee. These items fall into the category of ``luxury 
items'' since they do not contribute to the fulfillment of missions 
normally assigned to Federal agencies.

[36 FR 17423, Aug. 31, 1971]



Sec. 101-26.104  End-of-year submission of requisitions for action by GSA.

    (a) Purchase documents for supplies or services submitted to GSA at 
or near the close of a fiscal year shall reflect actual agency 
requirements and shall not be used as a means of exhausting 
appropriation balances.
    (b) Under the FEDSTRIP/MILSTRIP systems, the requisitions submitted 
to GSA are not required to reflect the applicable appropriation or 
fiscal year funds to be charged. The fund code entry on the requisition 
simply indicates to the supply source (GSA) that funds are available to 
pay the charge, thereby providing authority for the release of material 
and subsequent billing. Requisitions received by GSA in purchase 
authority format are normally converted to FEDSTRIP/MILSTRIP 
documentation so that processing can be accomplished expeditiously 
through a uniform system based on the use of automated equipment. 
Accordingly, primary responsibility rests with the ordering activity for 
ensuring that requisitions intended to be chargeable to appropriations 
expiring the last day of the fiscal year are submitted in sufficient 
time for GSA to consummate the necessary action before the end of the 
fiscal year. Requisitions submitted on or before the last day of the 
fiscal year may be chargeable to appropriations expiring on that date 
provided the ordering agency is required by law or GSA regulation to use 
GSA supply sources. When the ordering agency is not required to use GSA 
sources, requisitions for GSA stock items may be recorded as obligations 
provided the items are intended to meet a bona fide need of the fiscal 
year in which the need arises or to replace stock used in that fiscal 
year; requests for other than GSA stock items are to be recorded as 
obligations at the time GSA awards a contract for the required items. In 
the latter case, GSA procurement leadtimes illustrated in the GSA 
publication, FEDSTRIP Operating Guide, should be used as a guide for 
timely submission of these requisitions. The leadtimes referred to 
relate to the number of days between submission of a requisition and 
actual delivery of the items involved. While this may furnish some 
guidance to requisitioners, there is no direct relationship between 
those leadtimes and the time it takes for GSA to make an award of a 
contract.
    (c) End-of-year submission of requisitions which require GSA to 
award a contract not later than the last day of the fiscal year in order 
to obligate the appropriation or funds of the ordering agency will be 
annotated to indicate that GSA procurement of the requested items must 
be accomplished not later than the last day of the fiscal year in

[[Page 257]]

which the requisitions are submitted. For example, a FEDSTRIP/MILSTRIP 
requisition should be prepared to include Document Identifier Code A0E 
or A05 and reflect the annotation in the ``Remarks'' block. With this 
information GSA will attempt to complete procurement action before the 
end of the fiscal year. When a requistion is received too late to permit 
GSA to complete procurement action before the end of the fiscal year, 
the requisitioning activity will be so notified and requested to furnish 
instructions regarding the action to be taken. Based on these 
instructions, procurement action will be taken or the requisition will 
be canceled and returned to the ordering activity.

[33 FR 19013, Dec. 20, 1968, as amended at 40 FR 41093, Sept. 5, 1975; 
57 FR 3949, Feb. 3, 1992]



Sec. 101-26.105  Justification to support negotiated procurement by GSA for other agencies.

    When a requisition submitted by an agency to GSA requires 
procurement without providing for full and open competition, the agency 
submitting the requisition will be so notified and required to furnish 
specific information to assist GSA in preparing the required written 
justification. The GSA contracting officer will defer procurement action 
pending receipt of the requested information. If the requisitioning 
agency has prior knowledge that a requisition will require procurement 
without providing for full and open competition (e.g., sole source 
acquisition), sufficient information shall be included with the 
requisition to allow GSA to justify the procurement. Specifically, the 
information must include the following:
    (a) The specific needs to be satisfied in terms of identified tasks 
or work processes;
    (b) The requirements that generate the specific needs;
    (c) The characteristics of the designated item that enable it to 
satisfy the specific needs, if a specific source(s) is requested;
    (d) The identification of other items evaluated and, for each, a 
statement of the characteristics (or lack thereof) which preclude their 
satisfying the specific needs, if a specific source(s) is requested;
    (e) The citation of the applicable law, if any, authorizing other 
than full and open competition (see FAR 6.302 (48 CFR 6.302); and
    (f) Any required certifications, pursuant to FAR 6.303-2(b) (48 CFR 
6.303-2(b)), that supporting data is complete and accurate.

[56 FR 12456, Mar. 26, 1991]



Sec. 101-26.106  Consolidation of requirements.

    Full consideration shall be given to the consolidation of individual 
small volume requirements to enable the Government to benefit from lower 
prices normally obtainable through definite quantity contracts for 
larger volume procurements. This policy pertains to procurement from 
commercial sources either directly or through an intermediary agency and 
does not apply to GSA stock items or small volume requirements normally 
obtained from GSA customer supply centers. When it is practical, each 
agency shall establish procedures that will permit planned requirements 
consolidation on an agencywide basis. When it is impractical to plan 
requirements on an agencywide consolidated basis, the requirements 
consolidation effort may be limited to a bureau, to other agency 
segments, or to a program, if such limited consolidation will provide 
significant price advantages when procurement is effected on a volume 
basis. Requisitions for item requirements exceeding maximum order 
limitations in Federal Supply Schedule contracts shall be submitted to 
GSA in accordance with the applicable instructions in the respective 
schedules. Special buying services desired by agencies for procurement 
of other consolidated item requirements shall be requested from GSA in 
accordance with Sec. 101-26.102.

[51 FR 13498, Apr. 21, 1986]



Sec. 101-26.107  Priorities for use of supply sources.

    (a) Executive agencies shall satisfy requirements for supplies and 
services

[[Page 258]]

from or through the sources and publications listed below in descending 
order of priority:
    (1) Supplies. (i) Agency inventories;
    (ii) Excess for other agencies (see part 101-43 and 48 CFR subpart 
8.1);
    (iii) Federal Prison Industries, Inc. (UNICOR) (see Sec. 101-26.702 
and 48 CFR subpart 8.6);
    (iv) Procurement lists of products available from the Committee for 
Purchase From People Who Are Blind or Severely Disabled (see 
Sec. 101.26.701 and 48 CFR subpart 8.7);
    (v) Central supply sources, such as the stock, special order, or 
customer supply center programs of the General Services Administration 
(GSA) (see subpart 101-26.3, Sec. 101-26.102, and subpart 101-28.3), the 
Defense Logistics Agency (see subpart 101-26.6), the Department of 
Veterans Affairs (see Sec. 101-26.704), and military inventory control 
points (see Sec. 101-26.606);
    (vi) Mandatory Federal Supply Schedules (see subpart 101-26.4 and 48 
CFR subpart 8.4);
    (vii) Optional use Federal Supply Schedules (see subpart 101-26.4 
and 48 CFR subpart 8.4); and
    (viii) Commercial sources (including educational and nonprofit 
institutions).
    (2) Services. (i) Procurement lists of services available from the 
Committee for Purchase From People Who Are Blind or Severely Disabled 
(see Sec. 101-26.701 and 48 CFR subpart 8.7);
    (ii) Mandatory Federal Supply Schedules (see subpart 101-26.4 and 48 
CFR subpart 8.4);
    (iii) Optional use Federal Supply Schedules (see subpart 101-26.4 
and 48 CFR subpart 8.4); and
    (iv) Federal Prison Industries, Inc. (UNICOR) (see Sec. 101-26.702 
and 48 CFR subpart 8.6) or other commercial sources (including 
educational and nonprofit institutions).
    (b) Sources other than those listed in paragraph (a) of this section 
may be used as prescribed in Sec. 101-26.301 and in an unusual and 
compelling urgency as prescribed in Sec. 101-25.101-5 and 48 CFR 6.302-
2.


[58 FR 41367, Aug. 5, 1993]



             Subpart 101-26.2--Federal Requisitioning System



Sec. 101-26.200  Scope of subpart.

    This subpart prescribes a uniform requisitioning and issue system 
for use in obtaining supplies and equipment from GSA, Department of 
Defense, and Veterans Administration sources.

[43 FR 19852, May 9, 1978]



Sec. 101-26.201  General.

    This requisitioning and issue system is identified as the Federal 
Standard Requisitioning and Issue Procedures (FEDSTRIP) and is similar 
to and compatible with the Military Standard Requisitioning and Issue 
Procedures (MILSTRIP). The FEDSTRIP system provides GSA and other supply 
sources the means to automate the processing of requisitions. Detailed 
instructions required to implement FEDSTRIP are contained in the GSA 
Handbook, FEDSTRIP Operating Guide (FPMR 101-26.2), which is issued and 
maintained by the Commissioner, Federal Supply Service, GSA.

[43 FR 19852, May 9, 1978]



Sec. 101-26.202  Applicability.

    The FEDSTRIP system shall be used by civilian agencies to requistion 
any item from GSA or to requisition any specifically authorized item 
from Department of Defense (DOD). Requisitions to the Veterans 
Administration (VA) should be submitted on punched cards in FEDSTRIP 
format or typed on Standard Form 147, Order for Supplies or Services.

[43 FR 19853, May 9, 1978]



Sec. 101-26.203  Activity address codes.

    To obtain items through the FEDSTRIP system, each ordering activity 
is required to have an activity address code. The FEDSTRIP Operating 
Guide (FPMR 101-26.2) contains instructions to civilian agencies on 
requesting activity address codes. Once assigned, an activity address 
code allows an activity to order supplies under the FEDSTRIP system. 
Because there is a potential for abuse in the use of these codes, 
agencies shall establish stringent internal controls to ensure

[[Page 259]]

that the codes are used only by authorized personnel. It is imperative 
that all requests for activity address codes or deletions or address 
changes flow through a central contact point in the agency headquarters 
or regions where the need, purpose, and validity of the request can be 
verified. Agencies should send GSA the addresses of the contact points 
(mailing address: General Services Administration (FSR), Washington, DC 
20406). GSA will only honor requests from the established points within 
the agency. GSA will periodically send a listing of current activity 
address codes and addresses to contact points for review.

[45 FR 71565, Oct. 29, 1980]



Secs. 101-26.204--101-26.205  [Reserved]



Sec. 101-26.206  GSA assistance.

    Agency field activities should direct their questions regarding 
FEDSTRIP to the Federal Supply Service at each GSA regional office. The 
addresses of GSA regional offices are listed in each of the volumes of 
the GSA Supply Catalog. Agency headquarters activities requiring 
assistance may contact General Services Administration (FSR), 
Washington, DC 20406.

[45 FR 71565, Oct. 29, 1980]



            Subpart 101-26.3--Procurement of GSA Stock Items



Sec. 101-26.300  Scope of subpart.

    This subpart prescribes policy and procedures governing the 
procurement by agencies of items of supply stocked by GSA, including 
reporting and obtaining adjustments for overages, shortages, and damages 
and the issue of used, repaired, and rehabilitated items in serviceable 
condition.

[35 FR 12721, Aug. 11, 1970]



Sec. 101-26.301  Applicability.

    All executive agencies within the United States (including Hawaii 
and Alaska), in order to maximize the use of the Government's 
centralized supply system, shall requisition GSA stock items in 
accordance with the following:
    (a) When the requirement is for Standard and optional forms, an item 
produced by the Federal Prison Industries, Inc. (FPI), or an item listed 
in the procurement list published by the Committee for Purchase from the 
Blind and Other Severely Handicapped (NIB-NISH), the dollar thresholds 
and language indicated in paragraph (b) of this section are not 
applicable and acquisition of such items continues to be as set forth in 
the applicable sections of the Federal Acquisition Regulation, Federal 
Property Management Regulations and other appropriate regulations. In 
order to identify FPI/NIB-NISH items stocked by GSA, they are marked 
with an asterisk in the GSA Supply Catalog NSN index,
    (b) GSA will process all requisitions for stock items, regardless of 
total line item value, from activities electing to purchase from GSA. If 
an agency determines that alternative sources are more favorable, the 
following guidelines shall apply. However, the price alone of an item 
without other substantive consideration will not be considered as 
sufficient justification to use alternative sources. (These guidelines 
also apply to the procurement of special order program (SOP) established 
source, see Sec. 101-26.102-1.)
    (1) When the total value of the line item requirement is less than 
$100, procurement from other sources is authorized.
    (2) When the total value of the line item requirement is $100 or 
more, but less than $5,000, procurement from other sources is 
authorized: provided, that a written justification shall be prepared and 
placed in the purchase file stating that such action is judged to be in 
the best interest of the Government in terms of the combination of 
quality, timeliness, and cost that best meets the requirement. Cost 
comparisons shall include the agency administrative cost to effect a 
local purchase.
    (3) For total line item requirements of $5,000 and over, agencies 
shall submit a requisition to GSA unless a waiver has been approved by 
GSA. Request for waivers shall be submitted in accordance with Sec. 101-
26.100-2.
    (c) Agencies shall not divide requisitions to avoid higher threshold 
documentation requirements.
    (d) In authorizing procurements in accordance with paragraph (b)(2) 
of

[[Page 260]]

this section, agencies shall reimburse GSA for any cost arising out of 
breach of a GSA contract, where sufficient justification is not 
documented in their procurement files.

[56 FR 12457, Mar. 26, 1991]



Sec. 101-26.301-1  Similar items.

    (a) Agencies required to requisition, exclusively, items listed in 
the GSA Supply Catalog shall utilize such items in lieu of procuring 
similar items from other sources when the GSA items will adequately 
serve the required functional end-use purpose.
    (b) When an agency determines that items available from GSA stock 
will not serve the required functional end-use purpose of the item 
proposed to be procured, a request to waive the requirement to use this 
source shall be submitted to GSA for consideration in accordance with 
the provisions of Sec. 101-26.100-2.

[36 FR 17424, Aug. 31, 1971, as amended at 38 FR 28566, Oct. 15, 1973]



Sec. 101-26.301-2  Issue of used, repaired, and rehabilitated items in serviceable condition.

    Stock items returned to GSA under the provisions of subpart 101-27.5 
will be reissued to all requisitioning activities without distinction 
between new, used, repaired, or rehabilitated items in serviceable 
condition. Requisitioning agencies will be billed for these items at the 
current GSA selling price.

[38 FR 28566, Oct. 15, 1973]



Sec. 101-26.302  Standard and optional forms.

    Agencies shall obtain Standard and optional forms by requisitioning 
them from GSA (FSS) unless the forms have been approved by GSA (KMPS) to 
be stocked and distributed by the promulgating agency or to be 
reproduced locally. Assistance or information on the forms management 
program may be obtained by contacting GSA (KMPS), Washington, DC 20405. 
(See part 201-45, subpart 201-45.5 of this chapter.)
    (a) For purposes of economy, existing stocks are depleted prior to 
issuance of revisions unless the promulgating agency determines previous 
editions unusable and obsolete.
    (b) Forms or form assemblies which deviate from the standard and 
optional forms listed in the GSA Supply Catalog have restricted use and 
are not stocked. Agencies requiring such forms shall prepare and 
transmit a Standard Form 1, Printing and Binding Requisition, or 
Standard Form 1-C, Printing and Binding Requisition for Specialty Items, 
to the General Services Administration, Federal Supply Service (FCNI), 
Washington, DC 20406, for review and submission to GPO. Prior approval 
of GSA (KMPS) is required whenever the content or construction of a form 
is altered or modified. Requests for such exceptions may be obtained by 
submission of a SF 152, Requests for Clearance of a Standard or Optional 
Form or Exception, to GSA (KMPS), with appropriate justification.
    (c) Certain standard forms are serially numbered and are to be 
accounted for to prevent possible fraudulent use. The General Accounting 
Office (GAO) requires accurate accountability records to be maintained 
for such items by applicable agencies. GSA forwards a receipt 
verification card with each shipment of accountable forms. The receiving 
agency is responsible for verifying receipt of the serially numbered 
forms in the shipment by returning the card to the address preprinted on 
the card. See Sec. 101-41.308 of this chapter for information governing 
agency control and disposition of unused U.S. Government Bills of Lading 
(GBL's).
    (d) Standard and optional forms which are excess to the needs of an 
agency shall be reported to GSA in the same manner as other excess 
personal property pursuant to part 101-43 of this chapter. Obsolete 
forms shall be disposed of under the provisions of part 101-45 of this 
chapter.

[56 FR 12457, Mar. 26, 1991]



Sec. 101-26.303  Out-of-stock items.

    Generally, it is more advantageous to agencies if GSA backorders 
requisitions for out-of-stock items rather than cancels requisitions. 
Unless notified by agencies not to backorder a requisition, through 
FEDSTRIP advice codes 2C or 2J, a back order will be established. The 
agency will be notified of the estimated date that shipment

[[Page 261]]

will be made. Upon receipt of the status transaction, the agency shall 
determine if the estimated shipping date will meet its needs and, as 
appropriate: (a) Accept the back order, (b) request a suitable 
substitute item, or (c) request cancellation in accordance with 
Sec. 101-26.309.

[43 FR 22210, May 24, 1978]



Sec. 101-26.304  Substitution policy.

    In supplying items requisitioned from GSA stock, GSA may substitute 
items with similar characteristics. Substitute items may be issued from 
new stock or from returned stock that is in serviceable condition 
(condition code A) as described in Sec. 101-27.503-1. A notice of intent 
to substitute will be provided to the ordering activity only if the 
characteristics of the substitute item differ substantially from the 
characteristics of the item requisitioned. Ordering activities may 
prevent substitution by entering advice code 2B (do not substitute) or 
2J (do not substitute or backorder) in cc 65-66 of requisitions.

[45 FR 27764, Apr. 24, 1980]



Sec. 101-26.305  Submission of orders to GSA.

    (a) Orders shall be submitted in accordance with the instructions in 
the FEDSTRIP Operating Guide (FPMR 101-26.2).
    (b) Orders in other than FEDSTRIP format shall be submitted:
    (1) In original only when for shipment to destinations in the United 
States, including Hawaii but excluding Alaska.
    (2) In accordance with applicable GSA/agency agreements when for 
shipment to Alaska or for export to destinations outside the United 
States.
    (c) Sufficient funds should be reserved by the requisitioner to 
cover expenses incurred by GSA in export packing, marking, 
documentation, etc. GSA will assess a surcharge on all material ordered 
and delivered to customers in certain overseas areas. The surcharge is a 
percentage factor of the value of the material shipped. Information on 
the specific areas and the current percentage of surcharge is included 
in the GSA Handbook, Discrepancies or Deficiencies in GSA or DOD 
Shipments, Material, or Billings (FPMR 101-26.8). The surcharge is a 
percentage factor of the value of the material shipped. Information on 
the current percentage of surcharge may be obtained from the GSA 
regional office to which orders are submitted.

[30 FR 13826, Oct. 30, 1965, as amended at 42 FR 58748, Nov. 11, 1977; 
42 FR 61597, Dec. 6, 1977]



Sec. 101-26.306  Planned requisitioning for GSA stock items.

    In preparing requisitions for GSA stock items, agencies shall follow 
schedules or cyclical plans for replenishment of stocks so as to reduce 
the number of repetitive requisitions required while adjusting ordering 
frequency to comply with the economic order quantity principle. (See 
Sec. 101-27.102.)

[43 FR 22211, May 24, 1978]



Sec. 101-26.307  Processing overages, shortages, and damages.

    (a) Transportation-type discrepancies shall be processed in 
accordance with the instructions in subpart 101-40.7 when the 
discrepancies are the fault of the carrier and occur while the shipments 
are in the possession of:
    (1) International ocean or air carriers, regardless of who pays the 
transportation charges, except when shipment is on a through Government 
bill of lading (TGBL) or is made through the Defense Transportation 
System (DTS) (Discrepancies in shipments on a TGBL or which occur while 
in the DTS shall be reported as prescribed in subpart 101-26.8.); or
    (2) Carriers within the continental United States, when other than 
GSA or DOD pays the transportation charges.
    (b) Reporting discrepancies or deficiencies in material or shipments 
and processing requests for or documenting adjustments in billings from 
or directed by GSA activities shall be in accordance with the provisions 
of subpart 101-26.8.

[41 FR 56320, Dec. 28, 1976]



Sec. 101-26.308  Obtaining filing cabinets.

    Each agency head, after taking actions prescribed in Sec. 101-
25.302-2, shall

[[Page 262]]

determine agency requirements for filing cabinets. When additional 
filing cabinets are required, requisitions shall be submitted in 
FEDSTRIP format to the GSA region supporting the geographic area in 
which the requisitioning agency is located.

[43 FR 22211, May 24, 1978]



Sec. 101-26.309  Cancellation of orders for GSA stock items.

    When an agency determines that material ordered from GSA is not 
required, GSA will accept requests for cancellation as long as the items 
ordered have not been shipped. However, since processing cancellations 
is costly and interferes with normal order processing, agencies are 
cautioned to use discretion in requesting cancellation of low dollar 
value orders. Cancellation of orders may be accomplished by agencies 
through written, telegraphic, or telephonic communication with the GSA 
regional office to which the order was sent. However, telephonic 
communication should be used whenever feasible to forestall shipment of 
material and subsequent billing by GSA. If material has been shipped, 
GSA will advise that cancellation cannot be effected and agency requests 
for return for credit will be processed under the provisions of 
Secs. 101-26.310 and 101-26.311.

[32 FR 11163, Aug. 1, 1967]



Sec. 101-26.310  Ordering errors.

    In accordance with the provisions of this Sec. 101-26.310, GSA may 
authorize agencies to return for credit material that has been ordered 
in error by the agency. Material shipped in error by GSA is subject to 
the provisions of the GSA Handbook, Discrepancies or Deficiencies in GSA 
or DOD Shipments, Material, or Billings (FPMR 101-26.8). Credit for 
material ordered in error will be based on the selling price billed the 
agency at the time shipment was made to the agency, with the adjustment 
reflected in current or future billings. Material shall not be returned 
until appropriate documentation is received from GSA.
    (a) The return of material by an agency, to correct ordering errors, 
may be authorized and later accepted by GSA: Provided,
    (1) The value of the material exceeds $25 per line item based on the 
selling price billed the customer.
    (2) Authorization to return is requested from the GSA Discrepancy 
Reports Center (6FRB), 1500 East Bannister Road, Kansas City, MO 64131 
within 45 calendar days (60 calendar days for overseas points) after 
receipt of shipment. Requests should always contain a complete 
explanation of reason(s) for return of the material. Exceptions may be 
granted on a case-by-case basis when GSA is in need of the material and 
extenuating circumstances precluded earlier submission of the request.
    (3) Each item is in ``like-new'' condition and is identified by a 
stock number in the current edition of the GSA Supply Catalog.
    (4) Each item is identified with a specific purchase order or 
requisition number.
    (5) The condition of the material is acceptable on inspection by 
GSA. When it is not acceptable, disposition, without credit, will be 
made by GSA. However, when the condition is attributable to carrier 
negligence, subsequent credit allowed by GSA will be reduced by the 
amount to be paid the agency by the carrier for damages incurred.
    (6) The merchandise to be returned will not adversely affect the GSA 
nationwide inventory situation.
    (7) The return transportation costs are not excessive in relation to 
the cost of the material.
    (b) Transportation costs on material specifically authorized for 
return by a GSA regional office will be paid by the customer activity. 
Claims against carriers for discrepancies in shipment will also be the 
responsibility of the customer activity in accordance with the 
provisions of subpart 101-40.7. When appropriate, GSA will prepare 
initial documentation to support claim actions.

[35 FR 181, Jan. 6, 1970, as amended at 38 FR 28567, Oct. 15, 1973; 42 
FR 58748, Nov. 11, 1977; 50 FR 42021, Oct. 17, 1985]



Sec. 101-26.311  Frustrated shipments.

    (a) At the request of the ordering agency, GSA may authorize 
diversion or return for credit of any shipment consigned to an overseas 
destination

[[Page 263]]

which, while en route, cannot be continued onward for any reason and for 
which the consignee or requisitioning agency cannot provide diversion 
instructions:


Provided, The frustration occurs at a water or air terminal and title to 
the material has not passed from the Government. Frustrated shipments 
located outside the United States are the responsibility of the 
consignee or ordering agency. However, GSA will assist the agency 
whenever possible in disposing of the material when it cannot be 
utilized by the overseas control area of the agency, e.g., oversea 
command or AID area.
    (b) Requests to GSA for disposition instructions shall be directed 
to the GSA office which made the shipment. Data provided by the agency 
shall include the original requisition document number, purchase order 
number (if any), supplementary addresses, and present location of the 
frustrated shipment. In addition, the agency should furnish the 
Government bill of lading number or commercial bill of lading reference, 
and the carrier's freight or waybill number.
    (c) GSA may direct disposition of such material through any of the 
means listed below. Disposition instructions will include a 
determination by GSA as to the responsibility for payment of 
transportation costs.
    (1) Shipment of material to another consignee.
    (2) Temporary storage pending further instructions.
    (3) Return to GSA stock.
    (4) Disposal by agency.
    (5) Disposition through other means if deemed to be in the best 
interest of the Government.
    (d) GSA will provide required documentation to accomplish the 
desired action and will, if appropriate, initiate necessary adjustments 
in billing.
    (e) Frustrated shipments involving other than GSA stock items will 
be treated in a manner similar to that prescribed in this Sec. 101-
26.311 on a case by case basis.

[30 FR 11138, Aug. 28, 1965, as amended at 35 FR 12721, Aug. 11, 1970; 
42 FR 58748, Nov. 11, 1977]

Subpart 101-26.4--Federal Supply Schedules  [Reserved]



               Subpart 101-26.5--GSA Procurement Programs



Sec. 101-26.500  Scope and applicability of subpart.

    (a) This subpart prescribes policies and procedures relating to GSA 
procurement programs other than the GSA stock and the Federal supply 
schedule programs. Also excluded are the policies and procedures 
relating to the procurement of automatic data processing equipment and 
services set forth in part 101-36.
    (b) The policies and procedures in this subpart 101-26.5 are 
applicable to executive agencies except as otherwise specifically 
indicated. Federal agencies other than executive agencies may 
participate in these programs and are encouraged to do so.

[43 FR 32767, July 28, 1978]



Sec. 101-26.501  Purchase of new motor vehicles.

    (a) It shall be the policy to procure commercially available motor 
vehicles, unless other vehicles are specifically required.
    (b) New sedans, station wagons, and light trucks (other than those 
to be used for law enforcement or where other than standard vehicles are 
required) shall be procured as follows: Sedans, class IB-subcompact or 
II-compact; station wagons, class I-subcompact or class II compact 
vehicles, as described in Federal standard No. 122; and light trucks as 
defined in Federal standard Nos. 292 and 307. (Federal standard Nos. 
122, 292, and 307 as used in this section mean the latest editions.)
    Requisitions submitted to GSA for motor vehicles shall be in 
conformance with the requirements of subpart 101-38.1.
    (1) Standard passenger vehicles as defined in Federal standard No. 
122 are considered to be completely equipped for ordinary operation and 
are subject to the maximum statutory price limitation.
    (2) Items (vehicles) included in Federal standard No. 122 other than 
those

[[Page 264]]

listed as standard (basic units) are considered to be equipped with 
additional systems and equipment for passenger vehicles.
    (c) Requisitions submitted to GSA for the acquisition of new 
passenger vehicles and light trucks under 8500 GVWR (gross vehicle 
weight rating) shall be in conformance with Pub. L. 94-163 and Executive 
Order 12375.
    (d) New trucks and buses shall be requisitioned in accordance with 
the provisions of this Sec. 101-26.501 and the following:
    (1) Light trucks shall be in accordance with Federal standard Nos. 
292 and 307; and
    (2) Medium and heavy trucks and buses, when not procured from 
standardized buying programs, shall be in accordance with the latest 
editions of Federal standard No. 794, Federal specification Nos. KKK-T-
2107, 2108, 2109, 2110, 2111, and Federal specification No. KKK-B-1579. 
Standardized buying programs shall be based on these specifications as 
appropriate.
    (e) Selection of additional systems or equipment in new vehicles 
shall be made by the requiring agency and shall be based on the need to 
provide for overall safety, efficiency, economy, and suitability of the 
vehicle for the purposes intended pursuant to Sec. 101-38.104-2.
    (1) The essentiality of such systems or equipment shall be weighed 
against the economic factors involved, the potential benefits to be 
derived therefrom, and the impact on the fuel consumption 
characteristics of the vehicle.
    (2) Additional systems or equipment requested to be purchased by GSA 
will be construed to have been determined essential for the effective 
operation of the vehicle involved by the agency head or a designee. When 
systems or equipment other than those listed in Federal standards are 
requested, these systems or equipment shall be considered and treated as 
deviations under Sec. 101-26.501-4(b).

[57 FR 47777, Oct. 20, 1992]



Sec. 101-26.501-1  General.

    Except as provided for the Department of Defense (DOD) in paragraph 
(a) of this section, each executive agency shall submit to GSA for 
procurement its orders for purchase in the United States of all new 
passenger motor vehicles (FSC 2310), trucks or truck tractors (FSC 
2320), trailers (FSC 2330) van type (with payload of not less than 5,000 
nor more than 50,000 pounds), and firetrucks and firefighting trailers 
(FSC 4210). Specifically included are sedans, station wagons, carryalls, 
ambulances, buses, and trucks, including trucks with specialized mounted 
equipment, truck chassis with special purpose bodies, and all van-type 
trailers (with payload of not less than 5,000 nor more than 50,000 
pounds).
    (a) DOD shall submit to GSA for procurement its orders for purchase 
in the United States for all non-tactical vehicles including, but not 
limited to, commercial-type passenger motor vehicles (FSC 2310), 
including buses, and trucks and truck tractors (FSC 2320).
    (b) When it is determined by the ordering activity that requirements 
for passenger motor vehicles and trucks indicate the need for 
procurement by buying activities other than GSA, a request for waiver 
justifying the procurement shall be submitted in writing to the General 
Services Administration (FCA), Washington, DC 20406. GSA will notify 
agencies in writing whether a waiver has been granted. Justification may 
be based on the urgency of need or the fact that the vehicle has unique 
characteristics, such as special purpose body or equipment, requiring 
the agency personnel to closely supervise installation of the equipment 
by the contractor; e.g., when a medical van is to be equipped with 
Government- or contractor-supplied equipment. Requests for procurement 
through sources other than GSA will be handled on an individual basis 
provided full justification is submitted therefore.
    (c) When it is determined by GSA that procurement of an individual 
agency requirement by GSA would offer no advantage over local purchase 
of the item, GSA may grant the ordering activity authority for local 
purchase. When such a determination is made, the order will be returned 
to the

[[Page 265]]

ordering agency with written authority for local purchase.

[38 FR 2176, Jan. 22, 1973, as amended at 43 FR 32767, July 28, 1978; 47 
FR 41362, Sept. 20, 1982; 52 FR 29523, Aug. 10, 1987; 57 FR 47777, Oct. 
20, 1992]



Sec. 101-26.501-2  Standardized buying programs.

    Wherever practical, requirements for motor vehicles will be 
satisfied under existing standardized buying programs (Indefinite 
Quantity, Requirements, Federal Supply Schedule contracts). Agencies not 
familiar with these programs, or seeking additional information about 
them, are encouraged to contact the GSA Automotive Commodity Center 
prior to submitting their orders.
    (a) Requirements contracts are in place or anticipated to be in 
place for the following types of standard motor vehicles:
    (1) Medium and heavy trucks:
    (i) 4x2 and 6x4 cab-chassis, stake, van, dump, and truck-tractor; 
19,000 to 60,000 pounds GVWR.
    (ii) 4x4 and 6x4 cab-chassis, stake, dump, and truck-tractor; 26,000 
to 52,000 pounds GVWR.
    (iii) 1,200 and 2,000 gallon fuel servicing vehicles; and 2,000 
gallon aircraft refueler.
    (2) Ambulances (in accordance with Federal Specification No. KKK-A-
1822): Type I, modular body on cab-chassis; Type II, van body with 
raised roof; Type III, modular body on van cutaway chassis.
    (3) Buses and mini-buses, including school buses:
    (i) 32 to 44 adult passenger; 48 to 66 school age passenger.
    (ii) 12 to 28 adult passenger; 24 to 42 school age passenger.
    (4) Sedans and station wagons (based on standardized, consolidated 
requirements).
    (5) Certain types of light trucks (e.g., conventional carryall, 
maintenance telephone utility); requirements contracts are established 
to cover as many types of light trucks as feasible.
    (b) Federal Supply Schedule contracts are available to cover certain 
special purpose motor vehicles, such as firefighting trucks, waste 
disposal trucks, and construction equipment.

[57 FR 47777, Oct. 20, 1992]



Sec. 101-26.501-3  Consolidated purchase program.

    (a) Except as noted in Sec. 101-26.501(a) and where motor vehicle 
requirements can not be satisfied under the standardized buying programs 
described in Sec. 101-26.501-2, GSA will continue to make consolidated 
procurements of all motor vehicle types each year to achieve maximum 
benefits and economies, as follows:
    (1) Family buys--Large annual consolidated buys for sedans, station 
wagons, and standard light trucks, purchased in the aggregate by group 
to the extent practical. These procurements are designed to obtain the 
best market prices available and are normally definite quantity type 
with maximum option potential. It is anticipated that resulting 
contracts will remain in place from approximately mid-November to 
approximately May 1 (or end of model year closeout).
    (2) Two (2) volume procurements each year for light trucks of the 
types covered by Federal standard Nos. 292 and 307, but not covered by 
standardized buying programs or family buys, as previously described. 
Requisitions to be included under these two procurements should reach 
the GSA Automotive Commodity Center by June 15 and December 1 
respectively.
    (3) Up to three (3) consolidated procurements for medium and heavy 
trucks and buses of the types covered by Federal standard No. 794, 
Federal specification Nos. KKK-T-2107, 2108, 2109, 2110, 2111, and 
Federal specification No. KKK-B-1579.
    (b) Requirements not covered by Federal standards 122, 292, 307, or 
794 shall conform with the provisions of Sec. 101-26.501-4.

[57 FR 47777, Oct. 20, 1992]



Sec. 101-26.501-4  Submission of orders.

    Orders for all motor vehicles shall be submitted on GSA Form 1781, 
Motor Vehicle Requisition, or DD Form 448, Military Interdepartmental 
Purchase

[[Page 266]]

Request (MIPR), to the General Services Administration, Automotive 
Commodity Center (FCA), Washington, DC 20406, and shall contain required 
FEDSTRIP data for mechanized processing. The Department of Defense shall 
ensure that appropriate MILSTRIP data are entered on DD Form 448.
    (a) Requisitions covering vehicle types not included in Federal 
standard Nos. 122, 292, 307, or 794, in a military specification, or in 
an agency specification on file with GSA, shall contain complete 
descriptions of the vehicles required, the intended use of the vehicles, 
and terrain in which the vehicles will be used.
    (b) Requisitions for vehicles within the category of Federal 
standard Nos. 122, 292, 307, or 794, but for which deviations from such 
standards are required, unless already waived by the Director, 
Automotive Commodity Center (FCA), Federal Supply Service, GSA, 
Washington, DC 20406, shall include with the requisition a justification 
supporting each deviation from the standards and shall contain a 
statement of the intended use of the vehicles, including a description 
of the terrain in which the vehicles will be used. Prior approval of 
deviations shall be indicated on the requisitions by citing the waiver 
authorization number.
    (c) GSA Form 1781, Motor Vehicle Requisition, has been specifically 
designed for agency use to expedite ordering of all vehicles. Agencies 
are requested to use GSA Form 1781 as a single-line-item requisition for 
nonstandard as well as standard vehicles. When ordering standard 
vehicles, the appropriate standard item number for such vehicles 
equipped to meet specific operational needs may be selected from the 
applicable table in the Federal standards. Additional systems and 
equipment may be added by inserting in the ``Option Codes'' portion of 
the form the appropriate code for the selected items from the table of 
options in the standard. When ordering nonstandard vehicles or options, 
the instructions on the reverse of GSA Form 1781, properly completed, 
will satisfy the requirements regarding the submission of requisitions 
as set forth in paragraph (a) of this section.
    (d) Each requisition shall indicate the appropriation fund code to 
be charged and must bear the original signature of an officer authorized 
to obligate cited funds.
    (e) Separate requisitions shall be submitted for each vehicle type 
and consignee.

[57 FR 47778, Oct. 20, 1992]



Sec. 101-26.501-5  Procurement time schedules.

    (a) Requisitions covering vehicle types included in Federal standard 
Nos. 122, 292, 307, 794, Federal specification Nos. KKK-T-2107, 2108, 
2109, 2110, 2111, and Federal specification No. KKK-B-1579 will be 
procured either under a standardized buying program, as described in 
Sec. 101-26.501-2, or a consolidated purchase program, as described in 
Sec. 101-26.501-3, unless a statement is included justifying the need 
for delivery other than the delivery times indicated in this section. 
Requisitions containing a statement of justification will be handled on 
an emergency basis in accordance with Sec. 101-26.501-5(b).
    (b) Emergency requirements. Emergency requirements will receive 
special handling only when the requisitions are accompanied by adequate 
justification for individual purchase action. Every effort will be made 
to meet the delivery date specified in the requisition.
    (c) Delivery time. Delivery times for motor vehicle requirements 
will range widely depending on method of purchase.
    (1) Existing contracts. Delivery times for motor vehicle 
requirements submitted and placed against existing in-place contracts 
(family buy option, requirements contract or Federal Supply Schedule 
contract) will range from 60 to 150 days from date of purchase order.
    (2) Volume consolidated procurements. Delivery times for motor 
vehicle requirements submitted for volume consolidated purchases will 
range from 210 to 330 days after solicitation consolidation date. 
Included in delivery time estimates are 90 to 105 days required for 
soliciting and receiving offers, 30 to 60 days for evaluation and award 
of contracts, 90 to 180 days from date of

[[Page 267]]

award for delivery of vehicles to destination (dealer or consignee, as 
applicable).
    (3) For buses, ambulances, and other special duty vehicles which can 
not be procured under the standardized buying programs or consolidated 
purchase programs described in Secs. 101-26.501-2 and 101-26.501-3, 240 
to 270 days from date of award are usually required to effect delivery. 
However, special purpose vehicles with unique characteristics, such as 
certain types of firetrucks, may require longer delivery. In such 
instances, every effort will be made by GSA to facilitate deliveries and 
keep the requisitioning agencies informed of any unauthorized delay.

[57 FR 47778, Oct. 20, 1992]



Sec. 101-26.501-6  Forms used in connection with delivery of vehicles.

    (a) GSA Form 1398, GSA Purchased Vehicle. This form is used by the 
contractor to indicate that preshipment inspection and servicing of each 
vehicle has been performed. The contractor is required to complete GSA 
Form 1398 (illustrated at Sec. 101-26.4902-1398) and affix it, 
preferably, to the lock face or door frame of the right front door after 
the final inspection. The form should be left in place during the 
warranty period to permit prompt identification of vehicles requiring 
dealer repairs pursuant to the warranty.
    (b) Standard Form 368, Quality Deficiency Report (Category II). GSA 
is constantly striving to improve customer service and the quality of 
motor vehicles for which it contracts. To inform contractors of the 
deficiencies noted during the life of the vehicles, Standard Form 368 
shall be prepared by the consignee and sent to GSA describing details of 
vehicle deficiency and action taken for correction. Procedures for 
documenting and reporting quality deficiencies are set forth in the GSA 
Publication ``Discrepancies or Deficiencies in GSA or DOD Shipments, 
Material or Billings.'' Agencies are urged to report all deficiencies to 
GSA irrespective of satisfactory corrective action taken by the 
manufacturer's authorized dealer. If the dealer refuses to take 
corrective action on any vehicle within its warranty period, the report 
shall so state and include an explanation of circumstances. Standard 
Form 368 shall also be used to report all noncompliance with 
specifications or other requirements of the purchase order.
    (c) Instructions to Consignee Receiving New Motor Vehicles Purchased 
by General Services Administration. This information is printed on the 
reverse of the consignee copy of the delivery order. Personnel 
responsible for receipt and operation of Government motor vehicles 
should be familiar with the instructions and information contained in 
the document entitled ``Instructions to Consignee Receiving New Motor 
Vehicles Purchased by General Services Administration.''

[41 FR 34631, Aug. 16, 1976, as amended at 43 FR 32768, July 28, 1978; 
52 FR 29524, Aug. 10, 1987; 57 FR 47778, Oct. 20, 1992]



Sec. 101-26.501-7  Sale of vehicles.

    GSA will not solicit trade-in bids when purchasing new motor 
vehicles for replacement purposes because experience has shown that 
suppliers (manufacturers) are unwilling to accept used vehicles in part 
payment for new ones. Accordingly, used vehicles that are being replaced 
will be disposed of by sale as set forth in Part 101-46.

[57 FR 47779, Oct. 20, 1992]



Sec. 101-26.501-8  [Reserved]



Sec. 101-26.501-9  Centralized motor vehicle leasing program.

    GSA has a centralized leasing program to provide an additional 
source of motor vehicle support to all Federal agencies. This program 
relieves Federal agencies that use it from both the time constraints and 
administrative costs associated with independently entering into lease 
contracts. The centralized leasing program covers subcompact, compact, 
and midsize sedans, station wagons, and certain types of light trucks 
(pickups and vans). Participation in the centralized leasing program is 
mandatory on all executive agencies of the Federal Government (excluding 
the Department of Defense and the U.S. Postal Service) within the 48 
contiguous States and Washington, DC. However, agencies must obtain GSA 
authorization to lease in accordance with Sec. 101-39.205 prior to using

[[Page 268]]

these established mandatory use contracts. For further information on 
existing contracts, including vehicles covered, rates, and terms and 
conditions of the contract(s), contact General Services Administration 
(FCA), Washington, DC 20406.

[52 FR 29525, Aug. 10, 1987]



Sec. 101-26.502  U.S. Government National Credit Card.

    A waiver has been issued by the Government Printing Office to GSA 
for the procurement of the printing of Standard Form 149, U.S. 
Government National Credit Card.

[60 FR 19674, Apr. 20, 1995]



Sec. 101-26.503  Multiple award schedule purchases made by GSA supply distribution facilities.

    GSA supply distribution facilities are responsible for quickly and 
economically providing customers with frequently needed common-use 
items. Stocking a variety of commercial, high-demand items purchased 
from FSS multiple award schedules is an important way in which GSA 
supply distribution facilities meet this responsibility.

[60 FR 19675, Apr. 20, 1995]



Sec. 101-26.504  [Reserved]



Sec. 101-26.505  Office and household furniture and furnishings.

    Requirements for new office and household furniture and furnishings 
as described in this Sec. 101-26.505 shall be satisfied from GSA stock 
or Federal Supply Schedule contracts to the extent that agencies are 
required to use these sources. Requirements for items not obtainable 
from these sources may be satisfied by any Federal agency through GSA 
special buying services upon agency request pursuant to the provisions 
of Sec. 101-26.102. Before initiating a procurement action for new 
items, items on hand should be redistributed, repaired, or 
rehabilitated, as feasible, pursuant to Sec. 101-26.101

[43 FR 22211, May 24, 1978]



Sec. 101-26.505-1  Description of office and household furniture.

    (a) Office furniture is equipment normally associated with occupancy 
or use in such areas as offices, conference and reception rooms, 
institutional waiting rooms, lobbies, and libraries. Such equipment 
includes desks, tables, credenzas, bookcases, coatracks, telephone 
cabinets, filing sections and cabinets, office safes, security cabinets, 
chairs, and davenports.
    (b) Household furniture is equipment normally associated with 
occupancy or use in areas such as housekeeping and nonhousekeeping 
quarters, reception rooms, and lobbies. Such equipment includes 
davenports, chairs, tables, buffets, china cabinets, beds, wardrobes, 
and chests.

[33 FR 14959, Oct. 5, 1968]



Sec. 101-26.505-2  Description of office and household furnishings.

    (a) Office furnishings are articles which supplement office 
furniture and augment the utility of the space assigned. These articles 
include lamps, desk trays, smoking stands, waste receptacles, carpets, 
and rugs.
    (b) Household furnishings are articles which supplement household 
furniture and add to the comfort or utility of the space assigned. Such 
articles include lamps, mirrors, carpets, rugs, and plastic shower and 
window curtains.

[33 FR 14959, Oct. 5, 1968]



Sec. 101-26.505-3  Requests to procure similar items from sources other than GSA supply sources.

    When an agency required to obtain items of office and household 
furniture and furnishings from GSA stock or Federal Supply Schedule 
contracts determines that items available from these sources will not 
serve the required functional end use, requests to procure similar items 
from other than GSA sources shall be submitted for consideration in 
accordance with Sec. 101-26.100-2.

[41 FR 34632, Aug. 16, 1976]

[[Page 269]]



Secs. 101-26.505-4--101-26.505-6  [Reserved]



Sec. 101-26.505-7  GSA assistance in selection of furniture and furnishings.

    The Customer Service Representative in each GSA regional office 
will, upon request, furnish agencies with information on the types, 
styles, finishes, coverings, and colors of office and household 
furniture and furnishings available through the GSA purchase program. 
(See Sec. 101-26.506.)

[43 FR 22211, May 24, 1978]



Sec. 101-26.506  Interior planning and design services.

    In addition to the assistance provided in the selection of furniture 
and furnishings as specified in Sec. 101-26.505-7, the GSA Public 
Buildings Service, through facilities located in each region, will 
assist Federal activities within the United States, the Commonwealth of 
Puerto Rico, and the Virgin Islands in various phases of interior 
planning and design. These services will be provided either directly or 
through commercial sources. (For services involving space layout, see 
Sec. 101-17.400.)

[41 FR 42953, Sept. 29, 1976]



Sec. 101-26.506-1  Types of service.

    GSA interior planning and design services consist of data gathering 
and organizational analysis; development of a space requirements 
program; softline space plans; development of an interior design program 
(to include finish materials, furniture and furnishing specifications, 
and procurement data); and complete floor plans for telephones, 
electrical outlets, partitions, furniture, and equipment. The items 
specified for procurement will be selected from approved GSA sources of 
supply.

[41 FR 42953, Sept. 29, 1976]



Sec. 101-26.506-2  Limitations.

    (a) When furniture and furnishings requirements have been developed 
in connection with interior planning and design services furnished by 
GSA, the requesting agency shall determine that such requirements are in 
consonance with the criteria for acquisition of furniture and 
furnishings as provided in Secs. 101-25.302 and 101-25.404.
    (b) Furniture and furnishings to be obtained in connection with 
interior planning and design services furnished by GSA shall be 
acquired, to the extent available, from GSA stock or through Federal 
Supply Schedules in accordance with the provisions of Secs. 101-26.301 
and 101-26.401.

[31 FR 9797, July 20, 1966, as amended at 43 FR 22211, May 24, 1978]



Sec. 101-26.506-3  Submission of requests.

    Requests for interior planning and design services shall be 
submitted on Standard Form 81, Request for Space (illustrated at 
Sec. 101-17.4901-81), and forwarded to PBS in the GSA regional office 
serving the geographic area of the requesting agency. Requests shall 
include the following information:
    (a) Type of space in terms of its use;
    (b) Location;
    (c) Floor plans, if available;
    (d) Occupancy date;
    (e) Amount of funds available for the project; and
    (f) Name, address, title, and telephone number of requesting 
official.

[41 FR 42953, Sept. 29, 1976]



Sec. 101-26.506-4  Acceptance and processing of requests.

    Agency requests for interior planning and design service will be 
reviewed and if considered feasible, will be accepted. Upon acceptance 
of a request by GSA, a proposal will be furnished the requesting 
activity for review and approval within 30 days. The proposal will 
include the following:
    (a) Approximate date the work can be started;
    (b) Estimated completion date of planning and design services;
    (c) The amount to be reimbursed GSA for the services; and
    (d) Other pertinent data or recommendations.

[31 FR 9797, July 20, 1966]



Sec. 101-26.506-5  Reimbursement for services.

    If the GSA proposal is acceptable, a purchase order, requisition, or 
other funded authorization document shall be issued to the GSA office 
named in

[[Page 270]]

the proposal. GSA will bill the office indicated in the order or 
authorization for the amount specified in the proposal. The 
reimbursement procedures are designed to recover GSA's direct cost for 
providing these services. Any changes in the scope of the project 
requested by the requisitioning agency prior to its completion may 
require a revision in the amount of the reimbursable charges and the 
time schedule for completion.

[31 FR 9797, July 20, 1966]



Sec. 101-26.507  Security equipment.

    Federal agencies and other activities authorized to purchase 
security equipment through GSA sources shall do so in accordance with 
the provisions of this Sec. 101-26.507. Under section 201 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 481), the 
Administrator of GSA has determined that fixed-price contractors and 
lower tier subcontractors who are required to protect and maintain 
custody of security classified records and information may purchase 
security equipment from GSA sources. Delivery orders for security 
equipment submitted by such contractors and lower tier subcontractors 
shall contain a statement that the security equipment is needed for 
housing Government security classified information and that the purchase 
of such equipment is required to comply with the security provision of a 
Government contract. In the event of any inconsistency between the terms 
and conditions of the delivery order and those of the Federal Supply 
Schedule contract, the latter shall govern. Security equipment shall be 
used as prescribed by the cognizant security office.

[60 FR 19675, Apr. 20, 1995]



Sec. 101-26.507-1  Submission of requisitions.

    Requisitions for security equipment covered by the latest edition of 
Federal specifications AA-F-357, AA-F-358, AA-F-363, AA-S-1518, and AA-
D-600, and interim Federal specifications AA-F-00364 and AA-C-001697 
shall be submitted in FEDSTRIP format to the GSA regional office 
supporting the geographic area in which the requisitioner is located. 
GSA will consolidate requisitions for these items from all regions for 
procurement on a definite quantity basis.

[43 FR 32765, July 28, 1978]



Sec. 101-26.507-2  Procurement time schedule.

    Requisitions for security equipment will be consolidated by GSA on 
January 31, April 30, July 31, and October 31 of each year. The 
consolidated requisitions will be used in executing definite quantity 
contracts. To ensure inclusion in the invitation for bids, requisitions 
shall be submitted to GSA on or before January 1, April 1, July 1, or 
October 1 as appropriate. Requisitions received after any of these dates 
normally will be carried over to the subsequent consolidation date. 
Approximately 180 calendar days following the consolidation dates should 
be allowed for initial delivery. Requisitions shall include a required 
delivery date which reflects anticipated receipt under the time 
schedule.

[43 FR 32765, July 28, 1978]



Sec. 101-26.507-3  Purchase of security equipment from Federal Supply Schedules.

    To ensure that a readily available source exists to meet the 
unforeseen demands for security equipment, Federal Supply Schedule 
contracts have been established to satisfy requirements that are not 
appropriate for consolidated procurement and do not exceed the maximum 
order limitations.

[60 FR 19675, Apr. 20, 1995]



Sec. 101-26.507-4  Quantities in excess of the maximum order limitation.

    Quantities exceeding the maximum order limitation on Federal Supply 
Schedules will also be consolidated and procured by GSA pursuant to 
Sec. 101-26.507-2. Where quantities are required to be delivered before 
the time frames established for the quarterly consolidated procurement, 
the requisition must indicate the earlier required delivery. As 
necessary, separate procurement action will be taken by GSA to satisfy 
the requirements.

[41 FR 34632, Aug. 16, 1976]

[[Page 271]]



Sec. 101-26.508  Electronic data processing (EDP) tape and instrumentation tape (wide and intermediate band).

    Procurement by Federal agencies of EDP tape and instrumentation tape 
(wide and intermediate band) shall be accomplished in accordance with 
the provisions of this Sec. 101-26.508.

[38 FR 2176, Jan. 22, 1973]



Sec. 101-26.508-1  Requisitioning data processing tape available through Federal Supply Schedule contracts.

    Federal Supply Schedules, FSC group 70, part XI, and FSC group 58, 
part V, section C, include contracts to satisfy Government requirements 
for those types of EDP tape and instrumentation tape (wide and 
intermediate band) which are most widely used. Federal agencies located 
within the 48 contiguous United States, Washington, DC and Hawaii 
(applicable to EDP tape only for Hawaii) shall procure these tapes in 
accordance with the provisions of the current schedules and this 
Sec. 101-26.508-1. Orders not exceeding the maximum order limitations of 
the Federal Supply Schedules and prepared directly by activities located 
outside the geographical areas referenced above shall, to the extent 
possible, be consolidated and submitted in FEDSTRIP format to the GSA 
regional office supporting the geographic area in which the 
requisitioner is located.

[43 FR 32765, July 28, 1978]



Sec. 101-26.508-2  Requisitioning data processing tape not available from Federal Supply Schedule contracts.

    (a) Requisitions for types of EDP tape and instrumentation tape 
(wide and intermediate band) covered by Federal Supply Schedule 
contracts which exceed the maximum order limitations of the schedule 
shall be submitted to the GSA regional office supporting the geographic 
area in which the requisitioner is located.
    (b) Requisitions for all types of EDP tape and instrumentation tape 
(wide and intermediate band) not covered by Federal Supply Schedule 
contracts shall be submitted to GSA for purchase action when the dollar 
value of the requisitions exceeds, or is estimated to exceed, $2,500 for 
EDP tape and $5,000 for instrumentation tape. However, regardless of the 
amount involved (including requisitions estimated to be less than the 
dollar limitations referenced above), purchase action shall not be taken 
by GSA or an agency unless a waiver of the requirement for using items 
of tape available from Federal Supply Schedule contracts has been 
furnished in accordance with Sec. 101-26.100-2.

Requests for waivers shall be submitted to the Commissioner, Federal 
Supply Service (F), General Services Administration, Washington, DC 
20406. The requests shall fully describe the type of tape required and 
state the reasons Federal Supply Schedule items will not adequately 
serve the agency's needs. GSA will notify the requesting agency in 
writing of the action taken on the requests. To reduce leadtime, 
requisitions may be submitted in FEDSTRIP format with the requests for 
waivers. Requisitions for which a waiver has first been obtained shall 
be submitted with a copy of the waiver to the GSA regional office 
supporting the geographic area in which the requisitioner is located. 
GSA will either arrange for procurement of the items or authorize the 
requesting agency to procure them.
    (c) When establishing required delivery dates in purchase requests 
submitted in accordance with this Sec. 101-26.508-2, agencies should 
normally allow 105 days leadtime to permit orderly procurement by GSA. 
In addition to this 105 days leadtime, inspection and testing of the 
tape requires approximately 15 days.
    (d) When an agency submitting a purchase request in accordance with 
this Sec. 101-26.508-2 has a need for scheduled deliveries, minimum or 
maximum order quantities, or other special arrangements, GSA will 
develop specific provisions to accommodate the needs. The provisions 
will be based on information furnished by the agency concerned and will 
be included in solicitations for offers and resultant contracts.

[37 FR 20941, Oct. 5, 1972, as amended at 41 FR 34633, Aug. 16, 1976; 43 
FR 32765, July 28, 1978]

[[Page 272]]



Sec. 101-26.508-3  Consolidation of requisitions.

    To the maximum extent feasible, agencies shall develop procedures 
which will permit planned consolidated requisitioning of EDP tape and 
instrumentation tape (wide and intermediate band) on an agencywide 
basis. When agencywide consolidation is not feasible, consideration 
shall be given to the consolidation of individual requisitions for small 
quantities at any agency level. This will enable the Government to 
benefit from lower prices generally obtainable through large volume 
procurements.

[43 FR 32766, July 28, 1978]



Sec. 101-26.509  Tabulating machine cards.

    Procurement by Federal agencies of tabulating machine cards shall be 
made in accordance with the provisions of this Sec. 101-26.509.

[37 FR 24113, Nov. 14, 1972]



Sec. 101-26.509-1  Requisitioning tabulating machine cards available from Federal Supply Schedule contracts.

    Federal Supply Schedule, FSC group 75, part VIII, includes contracts 
for tabulating cards applicable to electrical and mechanical contact 
tabulating machines, including aperture cards and copy cards. Federal 
agencies shall procure these cards in accordance with the provisions of 
the current schedule. Orders not exceeding the maximum order limitation 
of the Federal Supply Schedule and prepared directly by activities 
located outside the geographical delivery areas specified in the 
schedule shall be submitted in FEDSTRIP format to the GSA regional 
office supporting the geographic area in which the requisitioner is 
located.

[43 FR 32766, July 28, 1978]



Sec. 101-26.509-2  Requisitioning tabulating machine cards not available from Federal Supply Schedule contracts.

    (a) Requisitions for tabulating machine cards covered by Federal 
Supply Schedule contracts which exceed the maximum order limitation of 
the schedule shall be forwarded in FEDSTRIP format to the GSA regional 
office supporting the geographic area in which the requisitioner is 
located.
    (b) Requisitions for tabulating machine cards not covered by Federal 
Supply Schedule contracts shall be submitted to GSA for purchase action 
if the dollar value of the cards exceeds or is estimated to exceed 
$2,500. However, regardless of the amount involved (including 
requisitions estimated to be $2,500 or less), purchase action shall not 
be taken by GSA or an agency unless a waiver of the requirement for the 
use of tabulating cards available from Federal Supply Schedule contracts 
has been furnished in accordance with Sec. 101-26.100-2. Requests for 
waivers shall be submitted to the Commissioner, Federal Supply Service 
(F), General Services Administration, Washington, DC 20406. The requests 
shall fully describe the items required and state the reasons the 
tabulating machine cards covered by the Federal Supply Schedule 
contracts will not adequately serve the end-use purpose. GSA will notify 
the requesting agency in writing of the action taken on the waiver 
request. To reduce leadtime, requisitions may be submitted in FEDSTRIP 
format with the requests for waivers. A requisition for items for which 
a waiver has first been obtained shall be submitted with a copy of the 
waiver to the GSA regional office supporting the geographic area in 
which the requisitioner is located. GSA will either arrange for 
procurement of the items or authorize the requesting activity to procure 
them.
    (c) Purchase requests with established delivery dates should allow 
sufficient leadtime (see Sec. 101-26.102-3) to permit orderly 
procurement by GSA, including acceptance testing and delivery to 
destination.
    (d) In those instances where an agency anticipates a need for 
scheduled deliveries, minimum or maximum order quantities, or other 
special arrangements, GSA will develop specific provisions to 
accommodate the needs of the particular agency. These provisions will be 
based on information furnished by the agency concerned for inclusion in 
solicitations for offers and resultant contracts.

[35 FR 13440, Aug. 22, 1970, as amended at 43 FR 22212, May 24, 1978; 43 
FR 32766, July 28, 1978]

[[Page 273]]



Sec. 101-26.509-3  Consolidation of requisitions.

    To the maximum extent feasible, agencies shall consolidate their 
requisitions for tabulating machine cards on an agencywide basis. If 
agencywide consolidation is not feasible, consideration shall be given 
to the consolidation of requisitions at any agency level when the 
Government will benefit from lower prices through large-volume 
procurement.

[43 FR 32766, July 28, 1978]



          Subpart 101-26.6--Procurement Sources Other Than GSA



Sec. 101-26.600  Scope and applicability of subpart.

    This subpart prescribes the policies, procedures, and limitations 
relating to civil agency use of procurement sources of the Department of 
Defense (DOD), which include the Defense supply centers of the Defense 
Logistics Agency (DLA) and the inventory control points of the military 
departments. The provisions of this subpart 101-26.6 are applicable to 
executive agencies unless otherwise specifically indicated. Other 
Federal agencies are encouraged to satisfy their requirements in the 
same manner.

[42 FR 58748, Nov. 11, 1977]



Sec. 101-26.601  [Reserved]



Sec. 101-26.602  Fuels and packaged petroleum products obtained from or through the Defense Logistics Agency.

    (a) Agencies shall be governed by the provisions of this Sec. 101-
26.602 in satisfying requirements for coal, natural gas from sources 
other than a public utility, petroleum fuels, and certain petroleum 
products from or through the Defense Logistics Agency.
    (b) The Defense Logistics Agency has been assigned the supply 
responsibility for these materials which will be available either from 
contracts (or contracts summarized in contract bulletins) issued by the 
Defense Fuel Supply Center, Alexandria, Va., or through FEDSTRIP/
MILSTRIP requisitions placed on the Defense General Supply Center, 
Richmond, Va., in accordance with instructions contained in Sec. 101-
26.602-2. Agencies submitting estimates of requirements which are 
summarized in the Defense Fuel Supply Center contract bulletins are 
obligated to procure such requirements from these contracts. Estimates 
submitted shall not include requirements normally obtained through 
service station deliveries utilizing the U.S. Government National Credit 
Card.

[42 FR 58748, Nov. 11, 1977 as amended at 57 FR 21895, May 26, 1992]



Sec. 101-26.602-1  Procurement of lubricating oils, greases, and gear lubricants.

    (a) The Defense Fuel Supply Center will make annual procurements of 
lubricating oils, greases, and gear lubricants for ground type 
(nonaircraft) equipment and of aircraft engine oils on an annual program 
basis. Estimates of requirements for items covered by these programs 
will be solicited annually from agencies on record with the Defense Fuel 
Supply Center in time for the requirements to arrive at the Center on 
the following schedule:

------------------------------------------------------------------------
                                       Purchase
                                        program      Due on or before
------------------------------------------------------------------------
Lubricating oils (nonaircraft)......         4.1  November 15.
Aircraft engine oils................         4.2  June 15.
Grease and gear oils................         4.4  October 15.
------------------------------------------------------------------------

    (b) Activities not on record but requiring procurement support shall 
submit requests to: Commander, Defense Fuel Supply Center, Attn: 
DFSC:PG, Cameron Station, Alexandria, VA 22314, on or before the 
requirement due dates specified in Sec. 101-26.602-1(a). Submission of 
requirements is not required if:
    (1) The maximum single order is less than the minimum quantity 
obtainable under the bulletin;
    (2) Container sizes are smaller than those available under the 
bulletin; or
    (3) Purchase without regard to existing Defense Fuel Supply Center 
contracts is otherwise authorized.
    (c) Agency requirements will be consolidated and solicited for 
procurement by the Defense Fuel Supply Center. Contractual action to 
obtain coverage for these programs will be summarized in a contract 
bulletin for program 4.1

[[Page 274]]

and 4.4. Copies of the bulletins (copies of contracts for program 4.2) 
will be distributed to addresses provided by the agencies on record.
    (d) Deliveries of lubricants covered by Defense Fuel Supply Center 
contracts shall be obtained by activities in the United States by 
following the instructions contained in the respective contracts or 
contract bulletins.

[34 FR 19977, Dec. 20, 1969, as amended at 39 FR 33315, Sept. 17, 1974]



Sec. 101-26.602-2  Procurement of packaged petroleum products.

    (a) Packaged petroleum products listed in Federal Supply Catalog for 
Civil Agencies shall be obtained by submitting requisitions prepared in 
accordance with the FEDSTRIP Operating Guide (FPMR 101-26.2) to the 
Defense General Supply Center (DGSC), Richmond, Va. 23297, using routing 
identifier code S9G. The Federal Supply Catalog for Civil Agencies may 
be obtained, upon written request, from the Commander, Defense Logistics 
Services Center, Attn: DLSC-T, Battle Creek, Mich. 49016. Requisitions 
for packaged petroleum items not in this catalog and not otherwise 
included in Defense Fuel Supply Center (DFSC) procurements under the 
provisions of Sec. 101-26.602-1 may be submitted to DGSC. DGSC will 
supply the items from inventory or will refer the requisitions to DFSC 
for purchase and direct delivery to the requisitioner. Packaged 
petroleum items may be obtained from other Federal activities by 
agreement with the activity concerned or by local purchase when such 
action is authorized under the provisions of the Defense Logistics 
Agency (DLA) local purchase policy contained in paragraph (b) of this 
section.
    (b) Activities may effect local purchase of any DLA-managed, 
centrally procured item, commercialy available, provided the purchase:
    (1) Is limited to immediate-use requirements generated by emergency 
conditions (e.g., work stoppage, etc.), or
    (2) Is to satisfy a routine requirement having a total line value 
not in excess of $25 and is determined to be the most economical method 
of supply.
    (c) DGSC may return requisitions for local purchase action citing 
FEDSTRIP/MILSTRIP status code CW with the concurrence of the 
requisitioning activity when it is deemed that a local purchase action 
would be the most economical method of supply. A determination will be 
based on recognition of excessive costs (procurement, transportation/
shipping, and special packaging considerations) as compared to those 
costs associated with local purchase action. Requisition priorities, 
backorder situations, procurement and required delivery dates (PDD/RDD), 
and requisition line item dollar values shall not be a basis or 
consideration for a Status Code CW reject action. Requisitions from 
overseas activities will not be returned to overseas activities for a 
local purchase action.

[37 FR 668, Jan. 15, 1972, as amended at 42 FR 58748, Nov. 11, 1977]



Sec. 101-26.602-3  Procurement of gasoline, fuel oil (diesel and burner), kerosene, and solvents.

    (a) Estimates of annual requirements will be solicited annually by 
the Defense Fuel Supply Center from agencies on record so as to reach 
that activity approximately 45 calendar days before the due date shown 
in Defense Fuel Supply Center geographic alignment of States set forth 
in Sec. 101-26.602-3 (d) and (e). The requirements call will be 
accomplished by mailing a computer-produced record of the file data for 
each delivery point that has been identified to each submitting 
addressee; instructions for validation and return will be included. 
Activities not on record but requiring procurement support shall prepare 
and submit estimates on DFSC Form 15:18 to the Defense Fuel Supply 
Center, Cameron Station, Alexandria, VA 22314. An illustration of DFSC 
Form 15:18 is contained in Sec. 101-26.4904-1518. Copies may be obtained 
on request from: Commander, Defense Fuel Supply Center, Attention: 
DFSC--OD, Cameron Station, Alexandria, VA 22314.
    (1) Estimated annual requirements for any delivery point which total 
less than the following minimums shall not be submitted to the Defense 
Fuel Supply Center, unless the activity does not

[[Page 275]]

have authority or capability to procure locally.

------------------------------------------------------------------------
                                                               Minimum
                                                                annual
                            Item                             requirement
                                                              (gallons)
------------------------------------------------------------------------
Gasoline...................................................       10,000
Burner fuel oil............................................       10,000
Diesel oil.................................................       10,000
Kerosene...................................................       10,000
Solvents...................................................          500
------------------------------------------------------------------------

    (2) Estimates shall not be submitted when the minimum quantities to 
be delivered to any one point on a single delivery are less than the 
following minimums, unless the activity does not have the authority or 
capability to procure locally.

------------------------------------------------------------------------
                                           Minimum quantity furnished on
             Delivery method                     a single delivery
------------------------------------------------------------------------
Drums....................................  4 drums (200-220 gallons).
Tank wagon...............................  50 gallons.
Transport truck..........................  Full truckload (5,200-7,500
                                            gallons).
Tank car.................................  Full carload (8,000-12,000
                                            gallons).
------------------------------------------------------------------------

    (b) Agency requirements will be solicited for procurement by the 
Defense Fuel Supply Center, and contracts resulting from these 
solicitations will be summarized in contract bulletins, separately for 
each Defense Fuel Supply Center geographic region, and distributed to 
agencies on record. Activities requiring additional contract bulletins 
shall submit requests to: Commander, Defense Fuel Supply Center, 
Attention: DFSC--OD, Cameron Station, Alexandria, VA 22314.
    (c) The items covered in contract bulletins issued by the Defense 
Fuel Supply Center are in accordance with the latest issue of the 
applicable Federal specification. Agency requirements submitted for 
products not under a Federal specification must include accurate and 
complete product laboratory analysis.
    (d) The following illustrates the Defense Fuel Supply Center 
geographic alignment of the States, the delivery periods covered for 
each region, the identification of purchase programs, and the due dates 
for submission of requirements for motor gasoline, fuel oil (diesel and 
burner), and kerosene.

      Motor Gasoline, Fuel Oils (Diesel and Heating), and Kerosene
------------------------------------------------------------------------
                                                       Requirements due
              State                 Delivery period          date
------------------------------------------------------------------------
Alaska--Purchase Program 3.9 \1\  July 1-June 30....  January 1.
Hawaii--Purchase Program 3. \1\.  January 1-December  July 1.
                                   31.
DFSC Region 1--Purchase Program
 3.21:
  Connecticut...................  September 1-August  March 1.
                                   31.
  Maine.........................  ......do..........      Do.
  Massachusetts.................  ......do..........      Do.
  New Hampshire.................  ......do..........      Do.
  Rhode Island..................  ......do..........      Do.
  Vermont.......................  ......do..........      Do.
DFSC Region 2--Purchase Program
 3.22:
  New Jersey....................  October 1-          April 1.
                                   September 30.
  New York......................  ......do..........      Do.
  Pennsylvania..................  ......do..........      Do.
DFSC Region 3--Purchase Program
 3.23:
  Delaware......................  August 1-July 31..  February 1.
  District of Columbia..........  ......do..........      Do.
  Indiana.......................  ......do..........      Do.
  Kentucky......................  ......do..........      Do.
  Maryland......................  ......do..........      Do.
  Ohio..........................  ......do..........      Do.
  Tennessee.....................  ......do..........      Do.
  Virginia......................  ......do..........      Do.
  West Virginia.................  ......do..........      Do.
DFSC Region 4--Purchase Program
 3.24:
  Alabama.......................  April 1-March 31..  October 1.
  Arkansas......................  ......do..........      Do.
  Florida.......................  ......do..........      Do.
  Georgia.......................  ......do..........      Do.
  Louisiana.....................  ......do..........      Do.
  Mississippi...................  ......do..........      Do.
  Missouri......................  ......do..........      Do.
  North Carolina................  ......do..........      Do.
  South Carolina................  ......do..........      Do.
  Puerto Rico...................  ......do..........      Do.
  Virgin Islands................  ......do..........      Do.
DFSC Region 5--Purchase Program
 3.25:
  Illinois......................  May 1-April 30....  Nov. 1.
  Iowa..........................  ......do..........      Do.
  Michigan......................  ......do..........      Do.
  Minnesota.....................  ......do..........      Do.
  Wisconsin.....................  ......do..........      Do.
DFSC Region 6--Purchase Program
 3.26:
  Colorado......do..............  June 1-May 31.....  December 1.
  Kansas........................  ......do..........      Do.
  Nebraska......................  ......do..........      Do.
  New Mexico....................  ......do..........      Do.
  North Dakota..................  ......do..........      Do.
  Oklahoma......................  ......do..........      Do.
  South Dakota..................  ......do..........      Do.
  Texas.........................  June 1-May 31.....  December 1.
  Wyoming.......................  ......do..........      Do.
DFSC Region 7--Purchase Program
 3.27:
  Arizona.......................  November 1-October  May 1.
                                   31.
  California....................  ......do..........      Do.
  Nevada........................  ......do..........      Do.

[[Page 276]]

 
  Utah..........................  ......do..........      Do.
DFSC Region 8--Purchase Program
 3.28:
  Idaho.........................  July 1-June 30....  January 1.
  Montana.......................  ......do..........      Do.
  Oregon........................  ......do..........      Do.
  Washington....................  ......do..........      Do.
------------------------------------------------------------------------
\1\ Includes solvents.
 
Note: Program 3.23 does not include requirements for those activities
  supported by the GSA Region 3 Fuel Yard.

    (e) Estimates of requirements for solvents to be delivered in the 
continental United States, Puerto Rico, and the Virgin Islands during 
the period January 1 through December 31 shall be submitted to arrive at 
the Defense Fuel Supply Center by the preceding July 1. The purchase 
program identification is 3.11.
    (f) Estimates of requirements for aviation fuels for delivery in the 
United States shall be submitted in accordance with section 11, chapter 
1, of DOD 4140.25-M, Procedures for the Management of Petroleum 
Products.
    (g) Requirements for aviation fuels (all grades) shall be submitted 
in accordance with DFSC Regulation 4220.1, Requirements Submission 
Schedule for Petroleum Products. Copies of DFSCR 4220.1 may be obtained 
from the Defense Fuel Supply Center (DFSC-W), Cameron Station, 
Alexandria, Va. 22314.
    (h) Requirements for petroleum fuels at locations other than as 
identified in this Sec. 101-26.602-3 may be obtained from other Federal 
activities by agreement with the activity concerned or from local 
purchase sources, when local purchase authority and capability exists, 
or by submitting requests direct to the Defense Fuel Supply Center, 
Attention: DFSC-OD, Cameron Station, Alexandria, Va. 22314, if 
centralized procurement is desired.

[34 FR 19978, Dec. 20, 1969, as amended at 39 FR 33316, Sept. 17, 1974; 
42 FR 58749, Nov. 11, 1977; 47 FR 4682, Feb. 2, 1982]



Sec. 101-26.602-4  Procurement of coal.

    (a) Federal agencies desiring to participate in the Defense Fuel 
Supply Center coal contracting program for carload delivery outside the 
District of Columbia and vicinity may obtain coal through this program 
by submitting estimates as provided in this Sec. 101-26.602-4.
    (b) Estimates of coal requirements shall be prepared on DD Form 416, 
Requisition for Coal, Coke, or Briquettes (illustrated as Sec. 101-
26.4904-416), clearly marked ``Estimate Only'', and submitted in 
original and one copy to arrive at the Defense Fuel Supply Center, 
Cameron Station, Alexandria, Va. 22314, before the following requirement 
due dates:

----------------------------------------------------------------------------------------------------------------
                                                                     Requirements due in        For delivery
         Purchase program              For activities located in           DFSC by               beginning
----------------------------------------------------------------------------------------------------------------
5.5...............................  Indiana, Illinois, Iowa,        June 1...............  December 1.
                                     Kansas, Missouri, South
                                     Dakota, West Tennessee, West
                                     Kentucky, Wisconsin.
5.9 (Lignite).....................  North Dakota..................  ......do.............      Do.
5.3...............................  Alabama, East Kentucky, East    August 15............  April 1.
                                     Tennessee, Ohio, Georgia,
                                     North Carolina, South
                                     Carolina, West Virginia.
5.8 (Anthracite)..................  Connecticut, District of        November 1...........  May 1.
                                     Columbia, Maryland,
                                     Massachusetts, New Jersey,
                                     New York, Pennsylvania,
                                     Virginia, South Carolina.
5.4...............................  Michigan, Minnesota, North      ......do.............      Do.
                                     Dakota, Wisconsin.
5.7...............................  Alaska........................  ......do.............      Do.
5.2...............................  District of Columbia,           January 15...........  August 1.
                                     Maryland, New Jersey,
                                     Pennsylvania, Virginia.
5.1...............................  Connecticut, Maine,             April 1..............  October 1.
                                     Massachusetts, New Hampshire,
                                     New York, Vermont.
5.6...............................  Arizona, California, Colorado,  ......do.............      Do.
                                     Idaho, Montana, New Mexico,
                                     Oregon, Utah, Washington,
                                     Wyoming.
----------------------------------------------------------------------------------------------------------------
Note: Except for purchase programs 5.8 and 5.9 all programs refer to requirements for bituminous coal.

    (1) A separate requirement form shall be prepared for each delivery 
point and for each size and kind of coal, such as bituminous, 
anthracite, or lignite. The

[[Page 277]]

purchase program number is to be entered in the upper right hand block 
of DD Form 416.
    (2) The section of DD Form 416 entitled ``Analytical Specifications 
Required'' shall reflect minimum requirements based on heating 
engineering data applicable to the particular equipment in which the 
coal will be used.
    (c) Contractual information covering these requirements will be 
furnished each participating agency by the Defense Fuel Supply Center 
after contracts are awarded. As shipments of coal are required, each 
activity shall direct the contractor to make delivery. Payment for 
deliveries shall be arranged for by the ordering activity directly with 
the contractor. Should estimated requirements not be needed due to 
changes or conversions in heating equipment or other reasons, activities 
shall notify the Defense Fuel Supply Center of such changes as soon as 
possible.
    (d) Copies of DD Form 416 may be obtained from: Commander, Defense 
Fuel Supply Center, Attention: DFSC:PE, Cameron Station, Alexandria, VA 
22314.
    (e) Requirements for coal at locations other than as identified in 
this Sec. 101-26.602-4 may be obtained by submitting requests directly 
to the Defense Fuel Supply Center, if centralized procurement is 
desired.
    (f) Each participating agency may elect to collect coal samples, for 
analysis purposes, in accordance with the latest edition of the Handbook 
on Coal Sampling issued by the Department of the Interior, Bureau of 
Mines. Copies of this Handbook on Coal Sampling may be obtained upon 
request from: Coal Sampling and Inspection, Division of Mineral Studies, 
U.S. Bureau of Mines, College Park, Md. 20740.
    (g) Coal samples shall be forwarded by the agency to the Bureau of 
Mines, 4800 Forbes Avenue, Pittsburgh, Pa. 15213. A charge for each 
sample submitted will be assessed by the Bureau of Mines for performing 
such analysis, or agencies may enter into an agreement with the Bureau 
of Mines for services and testing on an annual flat rate basis. Agencies 
shall furnish the Bureau of Mines laboratory complete billing 
instructions at the time samples are submitted. Copies of the results of 
each analysis will be furnished by the Bureau of Mines to offices 
responsible for payment for comparison with the analytical limits 
guaranteed by the contractor. In the event that the sample does not meet 
the minimum requirements of the analytical limits specified in the 
contract, the using agency shall compute the amount, if any, to be 
deducted from the contract price.

[34 FR 19978, Dec. 20, 1969, as amended at 42 FR 58749, Nov. 11, 1977]



Sec. 101-26.602-5  Procurement of natural gas from the wellhead and other supply sources.

    (a) Natural gas requirements shall be satisfied from sources that 
are most advantageous to the Government in terms of economy, efficiency, 
and service. A cost/benefit analysis shall be required by the procuring 
Federal agency if the natural gas procurements at a facility exceed 
20,000 mcf annually and the facility can accept interruptible service. 
If sources other than the local public utility are the most advantageous 
to the Government, agency requirements may be satisfied through the 
Defense Logistics Agency (DLA). Arrangements for DLA procurements on 
behalf of civilian agencies shall be made through GSA. GSA will forward 
agency requests to DLA after assuring that necessary requirements data 
are included.
    (b) Agency requests for DLA natural gas shall be forwarded to the 
Public Utilities Division (PPU), Office of Procurement, General Services 
Administration, 18th and F Streets, NW., Washington, DC 20405. The 
requests shall include for each facility for which natural gas is 
required: The name, address, and telephone number of the requesting 
agency representative; the name, address, and telephone number of the 
facility representative; the name of the local distribution company; the 
expected usage (in mcf) at the facility for each month during the next 
year of service; the expected peak day usage in mcf at the facility; a 
statement of funds availability; and documentation of the cost analysis 
performed that justifies the alternative source procurement.

[[Page 278]]

    (c) Agency requests for procurements by DLA shall be forwarded to 
GSA at the time the information specified in Sec. 101-26.602-5(b) 
becomes available.
    (d) Agencies should anticipate that actions required by DLA to 
establish a natural gas contract will take 5 to 7 months.

[57 FR 21895, May 26, 1992]



Sec. 101-26.603  Electronic items available from the Defense Logistics Agency.

    Executive agencies shall satisfy their requirements for electronic 
items listed in the Federal Supply Catalog for Civil agencies (FSC group 
59, except classes 5940, 5970, 5975, 5977, and 5995) from the Defense 
Electronic Supply Center (DESC), DLA. Requisitions shall be prepared in 
accordance with the FEDSTRIP Operating Guide and submitted to DESC, 1507 
Wilmington Pike, Dayton, Ohio 45444, using routing identifier code S9E. 
Items listed in classes 5940, 5970, 5975, 5977, and 5995, unless managed 
as exceptions by GSA, shall be obtained from the Defense General Supply 
Center (DGSC), Richmond, Va. 23297. Electronic items may be obtained 
from local purchase sources when such action is authorized under the 
provisions of Sec. 101-26.602-2(b). DESC may return requisitions for 
local purchase under the same conditions governing the return of 
requisitions by DGSC set forth in Sec. 101-26.602-2(c).

[42 FR 58749, Nov. 11, 1977]



Sec. 101-26.605  Items other than petroleum products and electronic items available from the Defense Logistics Agency.

    Agencies required to use GSA supply sources should also use Defense 
supply centers (DSC's) as sources of supply for items listed in the 
Federal Supply Catalog for Civil Agencies, Identification and Management 
Data List, published by DLA. By agreement with the Defense Logistics 
Agency, the catalog will contain only those items in Federal supply 
classification classes which are assigned to them for Government-wide 
integrated management, or exception items in other classes similarly 
assigned. A list of DSC's and their corresponding commodity areas along 
with requisitioning instructions are published in the FEDSTRIP Operating 
Guide. As additional items are assigned to managers other than GSA for 
Government-wide integrated material management, GSA will announce the 
changes through the Federal Catalog System and GSA's regular supply 
publications.

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.606  Supply support available from the inventory control points of the military departments.

    Federal civil agencies may obtain items of supply which are procured 
and managed by the inventory control points (ICP) of the Army, Navy, and 
Air Force and are available in the United States, provided that a 
national stock number has been assigned to the items. A list of ICP's 
and their corresponding commodity areas is in the FEDSTRIP operating 
Guide. Agencies should also refer to the FEDSTRIP operating Guide for 
additional information concerning supply support from the ICP's and for 
instructions on obtaining items from these sources.

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.607  Billings.

    Unless other arrangements have been made between the Defense 
Logistics Agency and the requisitioning activity, billings for sales 
will be rendered at least monthly on Standard Form 1080, Voucher for 
Transfers Between Appropriations and/or Funds, supported by a listing of 
documents including identification of requisitions and related cards 
reflecting data pertaining to the gross sale, the retail loss allowance, 
and any credits for adjustments applicable to prior billings. In 
addition to these charges, an accessorial charge will be made on 
shipments destined for overseas to cover expenses incident to overseas 
packing, handling, and transportation. The Defense supply centers shall 
be provided with a continental U.S. address for payment of bills for 
overseas shipments.

[42 FR 28750, Nov. 11, 1977]



Sec. 101-26.607-1  Payments.

    Payments are expected to be made within 15 calendar days of receipt 
of the Standard Form 1080 from the Defense supply centers. Payment shall

[[Page 279]]

not be deferred until receipt of shipment or withheld pending resolution 
of adjustments.

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.607-2  Adjustments.

    Requests for billing adjustments should be submitted in accordance 
with chapter 5 of the GSA Handbook, Discrepancies or Deficiencies in GSA 
or DOD Shipments, Material, or Billings (FPMR 101-26.8).

[42 FR 58750, Nov. 11, 1977]



Sec. 101-26.607-3  Emergency requirements.

    In cases of public exigency, items available from the Defense 
Logistics Agency may be procured from other sources as provided in 
Sec. 1-3.202.

[42 FR 58750, Nov. 11, 1977]



Subpart 101-26.7--Procurement Sources Other Than GSA and the Department 
                               of Defense



Sec. 101-26.700  Scope and applicability of subpart.

    This subpart prescribes policy and procedures relating to 
procurement sources other than those of GSA and the Department of 
Defense. The provisions of this subpart 101-26.7 are applicable to 
executive agencies unless otherwise indicated. Other Federal agencies 
are encouraged to obtain their requirements in the same manner.

[39 FR 20599, June 12, 1974]



Sec. 101-26.701  Purchase of products and services from the blind and other severely handicapped persons.

    (a) Purchases by executive agencies of products produced by 
workshops of the blind or other severely handicapped persons which are 
carried in GSA supply distribution facilities must be made as provided 
in subpart 101-26.3.
    (b) Purchases by all Federal agencies of products and services 
offered for sale by workshops of the blind or other severely handicapped 
persons which are not carried in GSA supply distribution facilities, and 
purchases by executive agencies under exceptions set forth in Sec. 101-
26.301, must be made in accordance with the Procurement List published 
by the Committee for Purchase of Products and Services of the Blind and 
Other Severely Handicapped. Products and services offered by the blind 
shall be given precedence over those offered by other severely 
handicapped persons. (See Sec. 101-26.702(d) for priority accorded to 
products manufactured by Federal Prison Industries, Inc.)
    (c) Products produced by workshops for the blind or other severely 
handicapped persons which are available from GSA supply distribution 
facilities are designated by an asterisk(*) preceding the national stock 
number in the Procurement List identified in paragraph (b) of this 
section.

[39 FR 20599, June 12, 1974, as amended at 40 FR 7619, Feb. 21, 1975]



Sec. 101-26.702  Purchase of products manufactured by the Federal Prison Industries, Inc.

    (a) Purchases by executive agencies of prison-made products carried 
in GSA supply distribution facilities must be made as provided in 
subpart 101-26.3.
    (b) Purchases by all Federal agencies of prison-made products not 
carried in GSA supply distribution facilities, or supply items procured 
under exceptions set forth in Sec. 101-26.301, must be made in 
accordance with the provisions in the Schedule of Products Made in 
Federal Penal and Correctional Institutions.
    (c) Prison-made products which are available from GSA supply 
distribution facilities are designated by an asterisk (*) preceding the 
national stock number in the product schedule referred to in paragraph 
(b) of this section.
    (d) Products available from Federal Prison Industries, Inc., shall 
be accorded priority over products offered for sale by the workshops of 
the blind and other severely handicapped persons.

[39 FR 20599, June 12, 1974, as amended at 40 FR 7619, Feb. 21, 1975]



Sec. 101-26.703  Marginally punched continuous forms.

    GSA has delegated authority to the U.S. Government Printing Office 
(GPO) to procure all marginally punched continuous forms for use by 
Federal agencies except those procured by GSA for stock. Therefore, all 
Federal agencies

[[Page 280]]

shall submit their requirements for such forms in accordance with the 
provisions of this Sec. 101-26.703.
    (a) Except for those marginally punched continuous forms which GSA 
procures for stock, all requirements for such forms shall be ordered 
from GPO contracts or other established GPO sources. If an item is 
available from GSA stock, acquisition shall be from this source.
    (b) Requirements for marginally punched continuous forms which are 
not available from GPO or GSA sources or which exceed the maximum 
monetary limitations of the GPO contract shall be submitted to GPO for 
appropriate action. If requirements are less than the minimum orders/
shipment limitations of the GPO contract, agencies may procure them 
directly from commercial sources.

[39 FR 20600, June 12, 1974]



Sec. 101-26.704  Purchase of nonperishable subsistence (NPS) items.

    With the exception of condiment packages in Federal supply classes 
8940 and 8950, managed by the Defense Logistics Agency's Defense 
Personnel Support Center, all nonperishable subsistence items in Federal 
supply group 89, Subsistence Items, are managed by and available from 
the Veterans Administration (VA). These items are listed in the 
Subsistence Catalog, which is available from the Director, Supply 
Service (134A), Veterans Administration, Washington, DC 20420.

[43 FR 29005, July 5, 1978]



Subpart 101-26.8--Discrepancies or Deficiencies in GSA or DOD Shipments, 
                          Material, or Billings

    Source: 41 FR 56320, Dec. 28, 1976, unless otherwise noted.



Sec. 101-26.800  Scope of subpart.

    This subpart prescribes a uniform system for reporting discrepancies 
or deficiencies in material or shipments and processing requests for or 
documenting adjustments in billings from or directed by GSA or 
Department of Defense (DOD) activities.



Sec. 101-26.801  Applicability.

    This subpart is applicable to all civilian executive agencies, 
including their contractors and subcontractors when authorized. DOD 
activities should follow the applicable DOD or military service/agency 
regulations in reporting discrepancies or deficiencies in shipments or 
material, or requesting adjustments in billings from or directed by GSA 
unless exempted therefrom, in which case the provisions of this 
Sec. 101-26.801 apply.



Sec. 101-26.802  Exclusions.

    The provisions of this regulation are not applicable to shipments 
and billings related to the stockpile of strategic and critical 
materials or excess or surplus property; or to billings for services, 
space, communications, and printing.



Sec. 101-26.803  Discrepancies or deficiencies in shipments, material, or billings.



Sec. 101-26.803-1  Reporting discrepancies or deficiencies.

    Discrepancies or deficiencies in shipments or material occur in four 
broad categories: Quality deficiencies, shipping discrepancies, 
transportation discrepancies, and billing discrepancies. When 
discrepancies or deficiencies occur, activities shall document them with 
sufficient information to enable initiation and processing of claims 
against suppliers and carriers. Procedures for documenting discrepancies 
or deficiencies are set forth in the GSA publication, Discrepancies or 
Deficiencies in GSA or DOD Shipments, Material, or Billings, issued by 
the Federal Supply Service, GSA. Copies of the publication may be 
obtained by submitting a completed GSA Form 457, FSS Publications 
Mailing List Application, (referencing mailing list code number ODDH-
0001) to the following address: General Services Administration, 
Centralized Mailing List Service (CMLS-C), 819 Taylor Street, P.O. Box 
17077, Fort Worth, TX 76102-0077.

    Note: Copies of the GSA Form 457 may be obtained by writing the 
Centralized Mailing List Service.

[55 FR 24086, June 14, 1990]

[[Page 281]]



Sec. 101-26.803-2  Reporting quality deficiencies.

    (a) Quality deficiencies are defined as defects or nonconforming 
conditions which limit or prohibit the item received from fulfilling its 
intended purpose. Quality deficiencies include deficiencies in design, 
specification, material, manufacturing, and workmanship. Timely 
reporting of all quality deficiencies is essential to maintain an 
acceptable quality level for common-use items. GSA relies on agency 
reporting of quality deficiencies in order to act to remove the 
defective items from the supply system as well as to document contractor 
performance files for use in future procurements.
    (b) A product deficiency which may cause death, injury, or severe 
occupational illness, or directly restrict the mission capabilities of 
the using organization, is called a ``category I'' complaint. Quality 
complaints that do not meet the category I criteria are called 
``category II'' complaints. Standard Form (SF) 368, Quality Deficiency 
Report, or a message in the format of the Standard Form 368, is used to 
report quality deficiencies.
    (c) Standard Form 368 (including SF's 368 submitted in message 
formats) are required for all product quality deficiencies that involve 
material (1) shipped to the user from a GSA distribution center 
(including shipments made directly to the user from GSA distribution 
centers as well as ``indirect'' shipments (shipments with intermediate 
stops between the GSA distribution center and the ultimate user)), (2) 
shipped to the user from a DOD depot or another Government activity, as 
directed by GSA, (3) purchased by GSA for the user and inspected by GSA, 
or (4) ordered from a GSA Federal Supply Schedule contract which 
specified source inspection by GSA.
    (d) Category I complaints are to be reported to GSA by telephone or 
telegraphic message within 72 hours of discovery. Category II complaints 
are to be reported within 15 days after discovery.
    (e) Standard Forms 368 (in triplicate) should be sent to the 
following address: GSA Discrepancy Reports Centers (6 FR-Q), 1500 East 
Bannister Road, Kansas City, MO 64131-3088. Communications routing 
indicator: RUEVFXE (unclassified), RULSSAA (classified), Com: (816) 926-
7447, FTS: 926-7447, AUTOVON: 465-7447.

In addition, when reporting a category I product quality deficiency 
condition, an information copy should be sent to the following address: 
General Services Administration, FSS, Office of Quality and Contract 
Administration, Quality Assurance Division (FQA), Washington, DC 20406. 
Communications routing indicator: RUEVFWM (unclassified), RULSSAA 
(classified), COM: (703) 557-8515, FTS: 557-8515.
    (f) For defective items covered by a manufacturer's commercial 
warranty, activities should initially attempt to resolve all complaints 
on these items themselves (examples of items with a commercial warranty 
are vehicles, major appliances such as gas and electric ranges, washing 
machines, dishwashers, and refrigerators). If the contractor replaces or 
corrects the deficiency, an SF 368, in triplicate, should be sent to the 
Discrepancy Reports Center at the above address. The resolution of the 
case should be clearly stated in the text of the SF 368.
    (g) If, however, the contractor refuses to correct, or fails to 
replace, either a defective item or an aspect of service under the 
warranty, an SF 368, along with copies of all pertinent correspondence, 
should be forwarded to the GSA office executing the contract (address 
will be contained in the pertinent contract/purchase order). An 
information copy of the SF 368 should also be submitted to the 
Discrepancy Reports Center at the above address.
    (h) For items ordered from a GSA Federal Supply Schedule contract 
when the inspection is performed by an activity other than GSA or when 
the items are purchased by GSA for the user but not inspected by GSA, 
activities should initially attempt to resolve all complaints on these 
items directly with the contractor. If the contractor refuses to 
correct, or fails to replace a defective item, an SF 368, along with 
copies of all correspondence, should be forwarded to the GSA office 
executing the contract (address will be contained in the pertinent 
contract/purchase order). An information copy of the SF

[[Page 282]]

368 should also be submitted to the Discrepancy Reports Center at the 
above address.
    (i) Information submitted to the Discrepancy Reports Center 
regarding defective items will be maintained as a quality history file 
for use in future procurements.
    (j) Additional information regarding reporting of quality 
deficiences may be obtained by referring to chapter 4 of the GSA 
publication cited in Sec. 101-26.803-1.

[53 FR 26595, July 14, 1988, as amended at 55 FR 24086, June 14, 1990]



Sec. 101-26.803-3  Reporting of discrepancies in transportation, shipments, material, or billings.

    (a) Transportation-type discrepancies shall be processed under the 
instructions in subpart 101-40.7 when the discrepancies are the fault of 
the carrier and occur while the shipments are in the possession of:
    (1) International ocean or air carriers, regardless of who pays the 
transportation charges, except when shipment is on a through Government 
bill of lading (TGBL), or is made through the Defense Transportation 
System (DTS). Discrepancies in shipments on a TGBL or which occur while 
in the DTS shall be reported as prescribed in the GSA publication 
referenced in Sec. 101-26.803-1; or
    (2) Carriers within the continental United States, when other than 
GSA or DOD pays the transportation charges.
    (b) All other shipping, transportation, or billing discrepancies 
shall be reported on the forms, and within the time frames, dollar 
limitations, and according to the procedures prescribed in the GSA 
publication referenced in Sec. 101-26.803-1.

[53 FR 26596, July 14, 1988, as amended at 55 FR 24086, June 14, 1990]



Sec. 101-26.803-4  Adjustments.

    GSA and DOD will adjust billings resulting from over or under 
charges, or discrepancies or deficiencies in shipments, or material on a 
bill submitted under the provisions of this subpart 101-26.8 and the GSA 
publication referenced in Sec. 101-26.803-1.

[55 FR 24086, June 14, 1990]

Subparts 101-26.9--101-26.48 [Reserved]



                Subpart 101-26.49--Illustrations of Forms



Sec. 101-26.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other subparts of part 101-26.

[29 FR 14729, Oct. 29, 1964]



Sec. 101-26.4901  Standard forms.

    (a) The Standard forms are illustrated in this section to show their 
text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
Standard form numbers.
    (b) The Standard forms illustrated in this Sec. 101-26.4901 may be 
obtained by submitting a requisition in FEDSTRIP/MILSTRIP format to the 
GSA regional office providing support to the requesting agency.

[32 FR 15754, Nov. 16, 1967, as amended at 41 FR 34633, Aug. 16, 1976]



Sec. 101-26.4901-149  Standard Form 149, U.S. Government National Credit Card.

    Note: The form illustrated in Sec. 101-26.4901-149 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[37 FR 18536, Sept. 13, 1972]



Sec. 101-26.4902  GSA forms.

    (a) The GSA forms are illustrated in this Sec. 101-26.4902 to show 
their text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this section correspond with the 
GSA form numbers.
    (b) Agency field offices may obtain the GSA forms illustrated in 
this Sec. 101-26.4902 by submitting their requirements to their 
Washington headquarters office which will forward consolidated annual 
requirements to the General Services Administration (BRO), Washington, 
DC 20405.

[31 FR 7235, May 18, 1966, as amended at 41 FR 34633, Aug. 16, 1976]

[[Page 283]]



Sec. 101-26.4902-457  GSA Form 457, FSS Publications Mailing List Application.

    Note: The form illustrated in Sec. 101-26.4902-457 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[40 FR 31224, July 25, 1975]



Sec. 101-26.4902-1398  GSA Form 1398: Motor vehicle purchase and inspection label.

    Note: The form illustrated in Sec. 101-26.4902-1398 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[39 FR 20683, June 13, 1974]



Sec. 101-26.4902-1424  GSA Form 1424, GSA Supplemental Provisions.

    Note: The form illustrated in Sec. 101-26.4902-1424 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[44 FR 24060, Apr. 24, 1979]



Sec. 101-26.4902-1781  GSA Form 1781, Motor Vehicle Requisition--Delivery Order.

    Note: The form illustrated in Sec. 101-26.4902-1781 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[47 FR 41364, Sept. 20, 1982]



Sec. 101-26.4902-2891  GSA Form 2891: Instructions to Users of Federal Supply Schedules.

    Note: The form illustrated in Sec. 101-26.4902-2891 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[43 FR 24533, June 6, 1978]



Sec. 101-26.4904  Other agency forms.

    This section illustrates forms issued by other agencies which are 
prescribed or available for use in connection with subject matter 
covered in other subparts of part 101-26. The issuing activity is also 
identified in the section requiring the use of such forms. The forms are 
illustrated to show their text, format, and arrangement and to provide a 
ready source of reference. The subsection numbers in this section 
correspond with the applicable agency form numbers.

[34 FR 19979, Dec. 20, 1969]



Sec. 101-26.4904-416  DD Form 416: Purchase Request for Coal, Coke, or Briquettes.

    Note: The form illustrated in Sec. 101-26.4904-416 is filed as part 
of the original document and does not appear in the Federal Register or 
the Code of Federal Regulations.

[40 FR 31224, July 25, 1975]



PART 101-27--INVENTORY MANAGEMENT--Table of Contents




Sec.
101-27.000  Scope of part.

                  Subpart 101-27.1--Stock Replenishment

101-27.101  General.
101-27.102  Economic order quantity principle.
101-27.102-1  Applicability.
101-27.102-2  Guidelines.
101-27.102-3  Limitations on use.
101-27.103  Acquisition of excess property.

          Subpart 101-27.2--Management of Shelf-Life Materials

101-27.201  Scope of subpart.
101-27.202  Applicability.
101-27.203  Program objectives.
101-27.204  Types of shelf-life items.
101-27.205  Shelf-life codes.
101-27.206  Procurement of shelf-life materials.
101-27.206-1  General considerations.
101-27.206-2  Identification and shipping requirements.
101-27.206-3  Packaging.
101-27.207  Control and inspection.
101-27.207-1  Agency controls.
101-27.207-2  Inspection.
101-27.207-3  Marking material to show extended shelf life.
101-27.208  Inventory analyses.
101-27.209  Utilization and distribution of shelf-life items.
101-27.209-1  GSA stock items.
101-27.209-2  Items to be reported as excess.
101-27.209-3  Disposition of unneeded property.

             Subpart 101-27.3--Maximizing Use of Inventories

101-27.300  Scope.
101-27.301  [Reserved]
101-27.302  Applicability.
101-27.303  Reducing long supply.
101-27.303-1  Cancellation or transfer.

[[Page 284]]

101-27.303-2  Redistribution.
101-27.304  Criteria for economic retention limits.
101-27.304-1  Establishment of economic retention limit.
101-27.304-2  Factors affecting the economic retention limit.
101-27.305  Disposition of long supply.

          Subpart 101-27.4--Elimination of Items From Inventory

101-27.400  Scope of subpart.
101-27.401  [Reserved]
101-27.402  Applicability.
101-27.403  General.
101-27.404  Review of items.
101-27.405  Criteria for elimination.
101-27.406  Disposition of stock.

               Subpart 101-27.5--Return of GSA Stock Items

101-27.500  Scope and applicability of subpart.
101-27.501  Eligibility for return.
101-27.502  Criteria for return.
101-27.503  Allowable credit.
101-27.504  Notice to GSA.
101-27.505  Notice to activity.
101-27.506  Determination of acceptability for credit.
101-27.507  Transportation and other costs.

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



Sec. 101-27.000  Scope of part.

    This part provides policies, principles, and guidelines to be used 
in the management of Government-owned inventories of personal property.

[29 FR 15997, Dec. 1, 1964]



                  Subpart 101-27.1--Stock Replenishment



Sec. 101-27.101  General.

    Each agency shall establish and maintain such control of personal 
property inventories as will assure that the total cost involved will be 
kept to the minimum consistent with program needs. For purposes of stock 
replenishment, inventories may be considered to be composed of active 
inventory which is that portion carried to satisfy average expected 
demand, and safety stock which is that portion carried for protection 
against stock depletion occurring when demand exceeds average expected 
demand, or when leadtime is greater than anticipated.
    (a) In establishing active inventory levels, consideration shall be 
given to the average demand of individual items, space availability, 
procurement costs, inventory carrying costs, purchase prices, quantity 
discounts, transportation costs, other pertinent costs, and statutory 
and budgetary limitations.
    (b) In establishing safety stock levels, consideration shall be 
given to demand and leadtime fluctuations, essentiality of items, and 
the additional costs required to achieve additional availability.

[29 FR 15997, Dec. 1, 1964]



Sec. 101-27.102  Economic order quantity principle.

    The economic order quantity (EOQ) principle is a means for achieving 
economical inventory management. Application of the EOQ principle 
reduces total variable costs of procurement and possession to a minimum.

[41 FR 3858, Jan. 27, 1976]



Sec. 101-27.102-1  Applicability.

    All executive agencies, except the Department of Defense, within the 
United States, excluding Alaska and Hawaii, shall replenish inventories 
of stock items having recurring demands, except items held at points of 
final use, in accordance with the economic order quantity (EOQ) 
principle.

[29 FR 15997, Dec. 1, 1964]



Sec. 101-27.102-2  Guidelines.

    Guidelines for implementing the EOQ principle of stock replenishment 
are in the GSA Handbook, The Economic Order Quantity Principle and 
Applications, issued by the Federal Supply Service, GSA. The handbook is 
identified under national stock number 7610-00-543-6765 in the GSA 
Supply Catalog, and copies may be obtained by agencies in the same 
manner as other items in that catalog. The public may purchase the 
handbook from the Superintendent of Documents, U.S. Government Printing 
Office, Washington, DC 20402.

[41 FR 3858, Jan. 27, 1976]

[[Page 285]]



Sec. 101-27.102-3  Limitations on use.

    (a) When there are no limiting factors which preclude its 
application, such as space or budgetary limitations, the basic EOQ 
techniques shall be used.
    (b) When a space, personnel, or budgetary limitation precludes 
application of the basic EOQ technique, a modification of the technique 
may be made provided the modification produces:
    (1) The fewest possible replenishments for a given level of 
inventory investment; or
    (2) The lowest possible level of inventory investment for a given 
number of replenishments.
    (c) When quantity purchase discounts or volume transportation rates 
will produce savings greater than the increased variable costs involved 
in procurement and possession, the economic purchase quantity (EPQ) 
principle shall be used as described in the GSA Handbook. The Economic 
Order Quantity Principle and Applications.

[29 FR 15997, Dec. 1, 1964, as amended at 31 FR 9541, July 14, 1966; 41 
FR 3858, Jan. 27, 1976]



Sec. 101-27.103  Acquisition of excess property.

    Except for inventories eligible for return to GSA for credit 
pursuant to the provisions of Sec. 101-27.501 and for inventories for 
which an economic retention limit has been established in accordance 
with the provisions of subpart 101-27.3 of this part, inventory levels 
may be adjusted upward when items of stock are to be acquired from 
excess sources. Such adjustments should be tempered by caution and 
arrived at after careful consideration. Generally, acquisitions of items 
for inventory from excess sources shall not exceed a 2-year supply 
except when:
    (a) A greater quantity is needed to meet known requirements for an 
authorized planned program.
    (b) The item is not available without special manufacture and a 
predictable requirement exists.
    (c) Administrative determination has been made that in application 
of the EOQ principle of stock replenishment within an agency an 
inventory level in excess of 2 years is appropriate for low dollar-
volume items.
    (d) The items are being transferred into authorized stock funds for 
resale to other Government agencies.

[34 FR 200, Jan. 7, 1969, as amended at 41 FR 3858, Jan. 27, 1976]



          Subpart 101-27.2--Management of Shelf-Life Materials



Sec. 101-27.201  Scope of subpart.

    This subpart provides for the identification, designation of useful 
life, and establishment of controls for shelf-life items to minimize 
loss and insure maximum use prior to deterioration. A shelf-life item is 
any item possessing deteriorative or unstable characteristics to the 
degree that a storage period must be assigned to assure the issuance of 
material that will perform satisfactorily in service.

[32 FR 6493, Apr. 27, 1967]



Sec. 101-27.202  Applicability.

    This subpart 101-27.2 is applicable to all executive agencies except 
the Department of Defense. The principles and objectives prescribed in 
this subpart are in consonance with those adopted by the Department of 
Defense in the establishment of shelf-life procedures for use by 
military activities.

[32 FR 6493, Apr. 27, 1967]



Sec. 101-27.203  Program objectives.

    In order to assure maximum use of shelf-life items, each executive 
agency shall:
    (a) Identify shelf-life items, including any new items to be placed 
in inventory, which have a limited shelf-life period.
    (b) Establish the shelf-life period of such items and procedures for 
controlling their procurement, storage, and issue.
    (c) Inspect or test certain shelf-life items prior to deterioration 
to determine if the shelf-life period can be extended.
    (d) Conduct inventory management analyses to determine if shelf-life 
stocks are expected to be utilized prior to the expiration of the 
original or any extended shelf-life period, and, if not, arrange for 
transfer of such stock in

[[Page 286]]

sufficient time to permit usage prior to deterioration.
    (e) Make available for Government-wide distribution, through excess 
property channels, any stocks which cannot be utilized through normal 
supply channels.

[32 FR 6493, Apr. 27, 1967]



Sec. 101-27.204  Types of shelf-life items.

    Shelf-life items are classified as nonextendable (Type I) and 
extendable (Type II). Type I items have a definite storage life after 
which the item or material is considered to be no longer usable for its 
primary function and should be discarded. Type II items are those for 
which successive reinspection dates can be established when the items 
have a continued usability as determined by examination based upon 
criteria that have been agreed upon. Examples of Type I items are drugs 
and medicines with certain characteristics. Examples of Type II items 
are paint and ink.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.205  Shelf-life codes.

    Shelf-life items shall be identified by use of a one-digit code to 
provide for uniform coding of shelf-life materials by all agencies.
    (a) The code designators for shelf-life periods of up to 60 months 
are as follows:

------------------------------------------------------------------------
                                                                Type II
     Shelf-life period (months)          Type I item code      item code
------------------------------------------------------------------------
1...................................  A.....................  ..........
2...................................  B.....................  ..........
3...................................  C.....................           1
4...................................  D.....................  ..........
5...................................  E.....................  ..........
6...................................  F.....................           2
9...................................  G.....................           3
12..................................  H.....................           4
15..................................  J.....................  ..........
18..................................  K.....................           5
21..................................  L.....................  ..........
24..................................  M.....................           6
27..................................  N.....................  ..........
30..................................  P.....................  ..........
36..................................  Q.....................           7
48..................................  R.....................           8
60..................................  S.....................           9
------------------------------------------------------------------------

    (b) Code designator 0 is used to identify items not included in a 
shelf-life program.
    (c) Code designator X shall be used to identify critical end-use 
items, military essential items, and medical items with a shelf life 
greater than 60 months. Agencies shall establish controls for such 
materials to prevent issuance of any unserviceable items.
    (d) Agencies may also establish controls for materials with a shelf 
life greater than 60 months that are not identified in paragraph (c) of 
this section. Such controls should be established only when they are 
necessary for effective management of the items.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.206  Procurement of shelf-life materials.



Sec. 101-27.206-1  General considerations.

    In determining requirements for shelf-life items, the following 
elements should be taken into consideration:
    (a) Assigned storage time periods; and
    (b) Appropriate contracting techniques for the particular item 
involved, including specification requirements, industry practices, and 
storage and delivery procedures.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.206-2  Identification and shipping requirements.

    Manufacturers shall, whenever practicable, be required to mark the 
unit or container with the month and year of manufacture or production 
and the batch number on all shelf-life items (60 months or less) 
procured from other than GSA sources. Whenever practical, the supplier 
shall be required to ship or deliver material within a given number of 
months from the date of manufacture or production. These ``age on 
delivery'' requirements should not be imposed in such a manner as to 
unduly restrict competition at any trade level. The following guidelines 
are suggested as appropriate for most shelf-life items:

------------------------------------------------------------------------
             Shelf-life period                     Age on delivery
------------------------------------------------------------------------
25 mos. or more...........................  6 mos.
19 to 24 mos..............................  4 mos.
13 to 18 mos..............................  3 mos.
7 to 12 mos...............................  2 mos.
6 mos. or less............................  1 mo. or less.
------------------------------------------------------------------------


[40 FR 59595, Dec. 29, 1975]

[[Page 287]]



Sec. 101-27.206-3  Packaging.

    To the extent feasible and economical, shelf-life material shall be 
packaged in such a way as to provide for minimum deterioration.

[40 FR 59595, Dec. 29, 1975]



Sec. 101-27.207  Control and inspection.



Sec. 101-27.207-1  Agency controls.

    Agencies shall establish the necessary controls to identify shelf-
life items on their stock records (and in other appropriate elements of 
their supply system), and shall determine the appropriate shelf life for 
other than GSA managed items. Shelf-life items shall be stored in such a 
way as to ensure that the oldest stock on hand is issued first. Agencies 
shall issue the oldest stock of shelf-life items first except when it is 
not feasible as in shipments to overseas activities.

[40 FR 59596, Dec. 29, 1975]



Sec. 101-27.207-2  Inspection.

    Type II items remaining in stock immediately before the end of the 
designated shelf-life period shall be inspected to determine whether the 
shelf life can be extended, except items having a line item inventory 
value of $300 or less, or if the cost of inspection or testing is 
significant in relation to the value of the item. If the material is 
found suitable for issue on the date of inspection, the shelf life 
should be extended for a period equal to 50 percent of the original 
shelf-life period and the next reinspection date established 
accordingly. Material should be reinspected before the end of each 
extended shelf-life period and the shelf life extended again up to 50 
percent of the original shelf life as long as the material conforms to 
the established criteria. Material on which the shelf life has been 
extended shall not be shipped to overseas activities if the time 
remaining in the extended shelf-life period is relatively short.

[40 FR 59596, Dec. 29, 1975]



Sec. 101-27.207-3  Marking material to show extended shelf life.

    When the shelf-life period of Type II material (except for critical 
end-use items as described below) is extended, only the exterior 
containers of bulk stocks need be annotated or labeled to indicate the 
date of inspection and date material is to be reinspected. Individual 
units of issue not classified as having a critical end-use application 
are not required to be annotated or labeled as long as controls are 
established to preclude issuance of unserviceable material to a user. (A 
critical end-use item is any item which is essential to the preservation 
of life in emergencies; e.g., parachutes, marine life preservers, and 
certain drug products, or any item which is essential to the performance 
of a major system; e.g., aircraft, the failure of which would cause 
damage to the system or endanger personnel.) At the time of shipment, 
the date of inspection and date for reinspection shall be affixed by 
label or marked by other means on each unit of issue of Type II items 
having a critical end-use application.

[42 FR 61861, Dec. 7, 1977]



Sec. 101-27.208  Inventory analyses.

    (a) An inventory analysis shall be conducted periodically for each 
Type I item to determine whether the quantity on hand will be used 
within the established shelf-life period. If the analysis indicates 
there are quantities which will not be used within the shelf-life 
period, arrangements shall be made to ensure use of the item(s) within 
the holding agency or for redistribution to other agencies.
    (b) An inventory analysis shall be conducted periodically for each 
Type II item with a shelf life of 60 months or less to determine whether 
issue of the quantity on hand is anticipated prior to the expiration of 
the designated shelf life. This analysis shall be made as follows:

------------------------------------------------------------------------
            Shelf-life period                    Date of analysis
------------------------------------------------------------------------
48 to 60 mos............................  12 to 16 mo. prior to
                                           expiration.
36 to 48 mos............................  8 to 12 mo. prior to
                                           expiration.
18 to 36 mos............................  6 to 8 mo. prior to
                                           expiration.
12 to 18 mos............................  4 to 6 mo. prior to
                                           expiration.
6 to 12 mos.............................  3 to 4 mo. prior to
                                           expiration.
Up to 6 mos.............................  No analysis required, but
                                           special emphasis should be
                                           placed on good requirements
                                           determination and proper
                                           order quantity.
------------------------------------------------------------------------


[[Page 288]]

    (1) If the analysis indicates that the quantity on hand will not be 
issued within the shelf-life period and the cost of inspection or 
testing is not significant in relation to the line item value, the items 
shall be inspected to determine if the shelf-life period can be 
extended.
    (2) If the analysis indicates that the quantity on hand will be 
issued within the shelf-life period, inspection is not required. 
However, such items shall be viewed again during the last month of the 
shelf-life period to determine whether quantities are sufficient to 
warrant inspection. The guidelines in Sec. 101-27.207-2 shall be used to 
determine whether quantities are sufficient to warrant inspection and 
for extending the shelf-life period.
    (3) If an agency does not have an inspection capability and the 
quantity and value of an indicated overage is sufficiently large to 
warrant special consideration, arrangements shall be made for qualified 
inspection or laboratory testing to determine whether the material is 
suitable for issue.

[40 FR 59596, Dec. 29, 1975]



Sec. 101-27.209  Utilization and distribution of shelf-life items.

    Where it is determined that specified quantities of both Type I and 
Type II shelf-life items will not be used within the shelf-life period, 
such quantities shall be utilized or distributed in accordance with this 
section.

[35 FR 5010, Mar. 24, 1970]



Sec. 101-27.209-1  GSA stock items.

    Shelf-life items that meet the criteria for return under the 
provisions of subpart 101-27.5 of this part may be offered for return to 
GSA.

[35 FR 12721, Aug. 11, 1970]



Sec. 101-27.209-2  Items to be reported as excess.

    Shelf-life items which do not meet the criteria in subpart 101-27.5 
of this part, which would, if returned to GSA, adversely affect the GSA 
nationwide stock position, or which are returned to GSA and are 
determined unsuitable for issue, will be reported as excess under the 
provisions of part 101-43 of this chapter.

[35 FR 12721, Aug. 11, 1970]



Sec. 101-27.209-3  Disposition of unneeded property.

    If no transfer is effected and no donation requested, the property 
shall be assigned for sale, abandonment, or destruction in accordance 
with part 101-45 of this chapter.

[32 FR 6493, Apr. 27, 1967]



             Subpart 101-27.3--Maximizing Use of Inventories

    Source: 32 FR 13456, Sept. 26, 1967, unless otherwise noted.



Sec. 101-27.300  Scope.

    This subpart prescribes policy and procedures to assure maximum use 
of inventories based upon recognized economic limitations.



Sec. 101-27.301  [Reserved]



Sec. 101-27.302  Applicability.

    The provisions of this subpart are applicable to all civil executive 
agencies.



Sec. 101-27.303  Reducing long supply.

    Through effective interagency matching of material and requirements 
before the material becomes excess, unnecessary procurements and 
investment losses can be reduced. Timely action is required to reduce 
inventories to their normal stock levels by curtailing procurement and 
by utilizing and redistributing long supply. (The term long supply means 
the increment of inventory of an item that exceeds the stock level 
criteria established for that item by the inventory manager, but 
excludes quantities to be declared excess.) In this connection, 
requirements for agency managed items should be obtained from long 
supply inventories offered by agencies rather than by procurement from 
commercial sources. Because supply requirements usually fluctuate over a 
period of time, a long supply quantity which is 10 percent or less of 
the total stock of the

[[Page 289]]

item is considered marginal and need not be reduced.

[41 FR 3858, Jan. 27, 1976]



Sec. 101-27.303-1  Cancellation or transfer.

    When the long supply of an item, including quantities due in from 
procurement, is greater than 10 percent of the total stock of that item, 
the inventory manager, or other appropriate official, shall cancel or 
curtail any outstanding requisitions or procurements on which award has 
not been made for such items, and may also cancel contracts for such 
items (if penalty charges would not be incurred) or transfer the long 
supply, if economical, to other offices within the agency in accordance 
with agency utilization procedures. In such cases, acquisition of long 
supply items shall not be made from other sources such as requirements 
contracts.



Sec. 101-27.303-2  Redistribution.

    If the long supply of an item remains greater than 10 percent of the 
total stock of an item despite efforts to cancel or transfer the long 
supply as provided in Sec. 101-27.303-1, the inventory manager shall 
offer the long supply to another agency or other agencies in accordance 
with this Sec. 101-27.303-2. Before offering a long supply to any 
agency, the inventory manager shall determine whether the item to be 
offered is a centrally managed item or an agency managed item. A 
centrally managed item is an item of supply or equipment which forms 
part of an inventory of an agency performing a mission of storage and 
distribution to other Government activities; e.g., GSA and DSA. An 
agency managed item is a procured item that forms a part of a controlled 
inventory of an agency and its activities for issue internally for its 
own use. After determining whether the item to be offered is an agency 
or centrally managed item, the inventory manager shall:
    (a) Offer centrally managed items to the agency managing the item 
for return and credit in accordance with the procedures established by 
that agency; and
    (b) Offer agency managed items to other agencies which manage the 
same item. Reimbursement shall be arranged by the agencies effecting the 
inventory transfer. The responsibility of locating agencies or 
activities requiring these items shall rest with the agency holding the 
long supply. However, agencies may receive a list of Government 
activities using particular national stock numbers by writing to the 
General Services Administration (FFL), Washington, DC 20406.

[32 FR 13456, Sept. 26, 1967, as amended at 41 FR 3858, Jan. 27, 1976]



Sec. 101-27.304  Criteria for economic retention limits.

    If a long supply continues to exceed 10 percent of the total stock 
of an item despite efforts to redistribute the long supply as provided 
in Sec. 101-27.303-2, the inventory manager shall establish an economic 
retention limit for the item in accordance with the provisions of this 
Sec. 101-27.304. An economic retention limit is the maximum quantity of 
an item that can be held in stock without incurring greater costs for 
carrying the stock than the costs for disposal and resulting loss of 
investment. The economic retention limit shall be used to determine 
which portion of the inventory may be economically retained and which 
portion should be disposed of as excess.

[41 FR 3858, Jan. 27, 1976]



Sec. 101-27.304-1  Establishment of economic retention limit.

    An economic retention limit must be established for inventories so 
that the Government will not incur any more than the minimum necessary 
costs to provide stock of an item at the time it is required. Generally, 
it would be more economical to dispose of stock in excess of the limit 
and procure stock again at a future time when the need is more proximate 
rather than incur the cumulative carrying costs.
    (a) The agency managing a centrally managed or agency managed item 
shall establish an economic retention limit so that the total cumulative 
cost of carrying a stock of the item (including interest on the capital 
that is tied up in the accumulated carrying costs) will be no greater 
than the reacquisition cost of the stock (including the procurement or 
order cost). Consideration

[[Page 290]]

should be given to any significant net return that might be realized 
from present disposal of the stock. Where no information has been 
issued, the net return from disposal is assumed to be zero. Guidelines 
for setting stock retention limits are provided in the following table 
and explanatory remarks that follow:

------------------------------------------------------------------------
                       Economic retention limit in years of supply--net
  Annual carrying         return on disposal as a percentage of item
     costs as a                      reacquisition costs
 percentage of item ----------------------------------------------------
reacquisition costs      0          5          10        15        20
------------------------------------------------------------------------
             10      7\1/4\     6\3/4\     6\1/4\          6    5\1/2\
             15      5\1/2\          5     4\3/4\     4\1/4\         4
             20      4\1/4\          4     3\3/4\     3\1/2\    3\1/4\
             25      3\1/2\     3\1/4\          3          3    2\3/4\
             30           3     2\3/4\     2\3/4\     2\1/2\    2\1/4\
             35      2\3/4\     2\1/2\     2\1/4\     2\1/4\         2
             40      2\1/2\     2\1/4\          2          2    1\3/4\
------------------------------------------------------------------------
Note: The entries in the tables were calculated by determining how long
  an item must be carried in inventory before the total cumulative
  carrying costs (including interest on the additional funds that would
  be tied up in the accumulated annual carrying costs) would exceed the
  acquisition costs of the stock. at that time (reacquisition costs).
  For example, assuming no net return from disposal, the accumulated
  carrying costs computed at the rate of 25 percent per year on the
  reacquisition cost of the stock and compounded annually at 10 percent
  (GSA's recommended rate of interest on Government investments) would
  be:


------------------------------------------------------------------------
                        Compounded carrying      Accumulated costs as a
       Years         costs as a percentage of        percentage of
                           reacquisition         reacquisitioned costs
------------------------------------------------------------------------
             1                    27.5                       27.5
             2                    30.3                       57.8
             3                    33.3                       91.1
             4                    36.6                      127.7
             5                    40.3                      168.0
             6                    44.3                      212.3
------------------------------------------------------------------------


At 25 percent a year, accumulated carrying costs would be equivalent to 
the reacquisition costs after 3\1/2\ years. Three and one-half years is, 
therefore, the economic retention limit for items with a 25 percent 
annual carrying cost rate. Where an activity has not yet established an 
estimate of its carrying cost, an annual rate of 10 percent may be used 
as an interim rate thereby resulting in an economic retention limit of 
7\1/4\ years when the net return on disposal is zero. The elements of 
carrying (holding) cost are given in the GSA Handbook, The Economic 
Order Quantity Principle and Applications. The handbook is listed in the 
GSA Supply Catalog and may be ordered in the same manner as other items 
in the catalog.
    (b) The economic retention limit at a user stocking activity can 
best be determined by the item manager (for centrally managed or agency 
managed items) on the basis of overall Government requirements and 
planned procurement. Since stocks in long supply at a user stocking 
activity are less likely to find utilization outlets, the retention 
limit at these activities should be relatively small. Generally the 
economic retention limit at a user stocking activity should be computed 
in the same manner as in paragraph (a) of this section and then reduced 
by 70 percent.

[39 FR 27902, Aug. 2, 1974]



Sec. 101-27.304-2  Factors affecting the economic retention limit.

    (a) The economic retention limit may be increased where:
    (1) The item is of special manufacture and relates to an end item of 
equipment which is expected to be in use beyond the economic retention 
time limit; or
    (2) Costs incident to holding an additional quantity are 
insignificant and obsolescence and deterioration of an item are 
unlikely.
    (b) The economic retention limit should be reduced under the 
following conditions:
    (1) The related end item of equipment is being phased out or an 
interchangeable item is available; or
    (2) The item has limited storage life, is likely to become obsolete, 
or the age and condition of the item does not justify the full retention 
limit.



Sec. 101-27.305  Disposition of long supply.

    Where efforts to reduce the inventory below the economic retention 
limit have been unsuccessful, appropriate disposition should be effected 
in accordance with subpart 101-43.3 of this chapter. Any remaining 
inventory which is within the economic retention limit shall be 
retained. However, the item shall be reviewed at least annually and 
efforts made to reduce the long supply inventory in accordance with 
Sec. 101-27.303.

[[Page 291]]



          Subpart 101-27.4--Elimination of Items From Inventory

    Source: 32 FR 12401, Aug. 25, 1967, and 32 FR 12721, Sept. 2, 1967, 
unless otherwise noted.



Sec. 101-27.400  Scope of subpart.

    This subpart establishes policy and procedures designed to assure 
that items which can be obtained more economically from readily 
available sources, Government or commercial, are eliminated from 
inventory. For items which are not readily available from Government or 
commercial sources or are being held in inventory for a one time 
construction project, this subpart shall be applied to the extent 
feasible by the activity managing or controlling such inventories.



Sec. 101-27.401  [Reserved]



Sec. 101-27.402  Applicability.

    The provisions of this subpart are applicable to all executive 
agencies in connection with inventory items maintained at stocking 
activities other than Government wholesale supply sources.



Sec. 101-27.403  General.

    By eliminating inactive items and slow-moving items which are 
readily available, when needed, from Government wholesale supply 
activities or from commercial sources, the costs to the Government in 
inventory investment and for maintaining the items in inventory can be 
eliminated. An ``inactive item'' is an item for which no current or 
future requirements are recognized by previous users and the item 
manager. A ``slow-moving item'' is an item for which there are current 
or future requirements, but the frequency and quantity of such 
requirements do not make it economical to stock them in lieu of 
obtaining requirements from other sources when needed. However, 
``standby or reserve items'' are not to be eliminated from inventories. 
A ``standby or reserve item'' is an item for which a reserve stock is 
held so that the items will be available immediately to meet emergencies 
for which there is insufficient time to procure or requisition the items 
without endangering life or causing substantial financial loss to the 
Government.

[41 FR 3859, Jan. 27, 1976]



Sec. 101-27.404  Review of items.

    Except for standby or reserve stocks, items in inventory shall be 
reviewed periodically (at least annually) to identify those which are 
inactive and slow-moving. This review may be conducted coincidently with 
the normal replenishment or long supply reviews. The estimate of current 
or future requirements for an item shall be based on its recent history 
of recurring requirements. Standby items shall also be reviewed at 
appropriate intervals to substantiate their qualification for inclusion 
in that category.



Sec. 101-27.405  Criteria for elimination.

    Inactive items, items which no longer qualify as standby, and slow-
moving items which are readily available, when needed, from Government 
or commercial sources shall be eliminated from inventory. The 
determination of a slow-moving item shall be based on a comparison of 
the costs for continuing to maintain it in stock as opposed to the costs 
for ordering it from outside sources each time it is requested. This 
comparison shall also consider any difference in price and 
transportation costs for each alternative. In the absence of criteria 
for stockage of an item developed and used by an agency, the desired 
results will be obtained through application of the following table:

------------------------------------------------------------------------
                                                               Minimum
                                                              number of
                                                            requests per
    Orders per year under economic order quantity (EOQ)        year to
                                                               justify
                                                            continuation
                                                              in stock
------------------------------------------------------------------------
12 and over...............................................           24
11........................................................           22
10........................................................           20
9.........................................................           18
8.........................................................           16
7.........................................................           14
6.........................................................           12
5.........................................................           10
4.........................................................            8

[[Page 292]]

 
3 and under...............................................            7
------------------------------------------------------------------------
Note: Except for the low dollar infrequently ordered item, which
  requires a higher minimum, an item should be discontinued from stock
  if the number of requests for it is less than twice its order
  frequency under EOQ. For example, an item ordered six times per year
  under EOQ should have at least 12 requests per year to continue
  stockage. For 11 requests, it would cost less to order each time it
  was requested.


11 orders at $5 per order...................................         $55
Under EOQ:
  6 orders at $5 per order..................................         $30
  Holding cost (equal to ordering cost).....................          30
                                                             -----------
      Total.................................................          60
------------------------------------------------------------------------



Sec. 101-27.406  Disposition of stock.

    Stocks of slow-moving items which are not otherwise determined to be 
eligible for continued stockage shall be eliminated through normal 
attrition and shall not be replenished. The successive actions indicated 
in paragraphs (a) through (c) of this section, shall be taken, as 
necessary, to remove stocks of inactive items from inventory.
    (a) Transfer stock to other offices where needed within the agency.
    (b) Transfer stock to other agencies as follows:
    (1) Centrally managed items to the agency managing the item for 
credit; or
    (2) Agency program items to agencies requiring them.
    (c) Dispose of remaining stocks, as excess, after actions taken in 
paragraphs (a) and (b) of this section, in accordance with subpart 101-
43.3.



               Subpart 101-27.5--Return of GSA Stock Items

    Source: 35 FR 12721, Aug. 11, 1970, unless otherwise noted.



Sec. 101-27.500  Scope and applicability of subpart.

    This subpart sets forth policy and procedures for the return to GSA 
for credit of items which are in long supply or for which no current or 
future requirements are anticipated. The provisions of this subpart 101-
27.5 are applicable to all executive agencies. Federal agencies other 
than executive agencies may participate in this program and are 
encouraged to do so.



Sec. 101-27.501  Eligibility for return.

    GSA stock items for which no current or future agency requirements 
are anticipated are eligible for return to GSA for credit. Despite 
eligibility for return to GSA, consideration should be given to the 
transportation costs involved as related to the value of the items, and, 
where excessive, such items shall not be reported to GSA.



Sec. 101-27.502  Criteria for return.

    Any GSA stock item to be returned to GSA by an agency which has no 
current or future requirements for that item shall meet the following 
conditions:
    (a) The minimum dollar value per line item, based on the current GSA 
selling price, shall be:
    (1) $130 for hand tools, FSG 51, and measuring tools, FSG 52; and
    (2) $450 for items in all other Federal supply groups and classes 
except for tires and tubes, FSC 2610; tool kits, FSC 5180; laboratory 
supplies, FSCs 6630 and 6640; Standard forms, FSC 7540; paints, dopes, 
varnishes, and related products, FSC 8010; preservatives and sealing 
compounds, FSC 8030; adhesives, FSC 8040; boxes, cartons, and crates, 
FSC 8115; and subsistence items, FSG 89, which are not returnable and 
shall be considered excess, and shall be processed in accordance with 
part 101-43 of this chapter.
    (b) The minimum remaining shelf life of this material shall be 12 
months at the time of receipt by GSA.
    (c) The material shall not be a terminal or discontinued item.
    (d) The material shall be in either condition code A or condition 
code E.

[35 FR 12721, Aug. 11, 1970, as amended at 44 FR 39393, July 6, 1979; 56 
FR 11939, Mar. 21, 1991]



Sec. 101-27.503  Allowable credit.

    Allowable credit for activities returning material that is accepted 
by GSA will be reflected in billings by GSA and will be commensurate 
with the condition of the material received.
    (a) Credit will be granted at the rate of 80 percent of the current 
GSA selling price after acceptance by GSA for new,

[[Page 293]]

used, repaired, or reconditioned material which is serviceable and 
issuable to all agencies without limitation or restriction (condition 
code A).
    (b) Credit will be granted at the rate of 60 percent of the current 
GSA selling price for items which involve limited expenses or effort to 
restore to serviceable condition, and which is accomplished in the 
storage activity where the stock is located (e.g., a deficiency in 
packing or packaging which restricts the issue or requires repacking or 
repackaging (condition code E)).
    (c) No credit will be given for material returned to GSA which does 
not meet the above criteria or which was returned to GSA without prior 
approval.

[56 FR 11939, Mar. 21, 1991]



Sec. 101-27.504  Notice to GSA.

    When an activity elects to offer material to GSA for credit, the 
activity shall submit offers in accordance with chapter 4 of the 
FEDSTRIP Operating Guide or chapter 9 of MILSTRIP (DoD 4000.25-1-M).

[56 FR 11939, Mar. 21, 1991]



Sec. 101-27.505  Notice to activity.

    GSA will provide notice to the offering activity of an acceptance/
rejection decision for an offer and verification of material receipt for 
accepted offers.
    (a) Within 20 workdays after receipt of an offer to return material, 
GSA will notify the offering activity of acceptance or rejection of the 
offer.
    (1) For accepted offers, GSA will inform the offering activity of 
the GSA material return facility (storage activity) to which the 
material shall be shipped. Prior to shipment of the material authorized 
by GSA for return, activities shall verify the declared condition. (If 
the offering activity considers that the transportation costs of sending 
the material to the GSA material return facility are excessive in 
relation to the value of the material and withdraws the offers, the GSA 
region that was designated to receive the offered material shall be 
notified accordingly.)
    (2) For rejected offers, GSA will so inform the activity offering 
the material and give the reason for nonacceptance.
    (b) Upon receipt of material authorized for return by GSA, the 
offering activity will be provided verification of receipt and a report 
of any discrepancies. When the discrepant condition is attributable to 
carrier negligence, subsequent credit allowed by GSA will be reduced by 
the amount to be paid the agency by the carrier for any damages 
incurred. A notice of credit will be provided the offering activity 
through credit entries on the monthly billing statement from the 
supporting GSA finance center.
    (c) When offers of material that have been authorized by GSA for 
return are withdrawn, offering activities shall report such cancellation 
to the GSA region that was designated to receive the offered material.

[41 FR 3859, Jan. 27, 1976, as amended at 44 FR 39394, July 6, 1979; 56 
FR 11939, Mar. 21, 1991]



Sec. 101-27.506  Determination of acceptability for credit.

    Returned material will be examined by GSA upon receipt to determine 
acceptability for credit. Returned material which is unacceptable for 
credit will be deemed to have been declared excess by the returning 
activity, and will be disposed of by GSA as excess or surplus in the 
name of the activity, in accordance with part 101-43 of this chapter. 
The returning activity will be officially notified of the disposal 
action taken by GSA.



Sec. 101-27.507  Transportation and other costs.

    Transportation costs for the movement of material to GSA and 
handling costs for preparation and shipment shall be paid by the 
activity shipping the material to GSA.



PART 101-28--STORAGE AND DISTRIBUTION--Table of Contents




Sec.
101-28.000  Scope of part.

Subpart 101-28.1  [Reserved]

   Subpart 101-28.2--Interagency Cross-Servicing in Storage Activities

101-28.200  Scope of subpart.
101-28.201  Applicability.

[[Page 294]]

101-28.202  GSA/DOD cross-servicing agreement.
101-28.202-1  Request for services.
101-28.202-2  Cancellation of cross-servicing arrangements.
101-28.202-3  Cross-servicing rates.
101-28.202-4  Reimbursement for services.
101-28.203  Definitions.
101-28.203-1  Government storage activity.
101-28.203-2--101-28.203-3  [Reserved]
101-28.203-4  Contact point.

                Subpart 101-28.3--Customer Supply Centers

101-28.300  Scope of subpart.
101-28.301  Applicability.
101-28.302  Mission of customer supply centers.
101-28.303  Benefits provided by customer supply centers.
101-28.304  Item selection and stockage criteria.
101-28.304-1  Types of items.
101-28.304-2  Determining items to be stocked.
101-28.305  Prices of customer supply center items.
101-28.306  Customer supply center (CSC) accounts and related controls.
101-28.306-1  Establishment of a CSC account by a customer activity.
101-28.306-2  Use of customer supply centers.
101-28.306-3  Limitations on use.
101-28.306-4  Expiration or cancellation.
101-28.306-5  Safeguards.
101-28.306-6  Sensitive items.
101-28.306-7  Responsibility for operation.

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



Sec. 101-28.000  Scope of part.

    This part prescribes policy and procedures for the economical and 
efficient management of warehousing and related activities by executive 
agencies.

[29 FR 15998, Dec. 1, 1964]

Subpart 101-28.1  [Reserved]



   Subpart 101-28.2--Interagency Cross-Servicing in Storage Activities



Sec. 101-28.200  Scope of subpart.

    This subpart prescribes policies and procedures to be followed in 
the cross-servicing of storage and warehousing services between 
executive agencies of the Government. It implements the provisions of 
the cross-servicing agreement between the Department of Defense (DOD) 
and GSA and extends the provisions of the agreement to provide cross-
servicing between the civilian agencies of the Government.

[29 FR 15998, Dec. 1, 1964]



Sec. 101-28.201  Applicability.

    (a) The policies and procedures established by this subpart 101-28.2 
are primarily applicable to storage activities within the United States. 
Executive agencies shall make every effort to utilize available 
Government storage services of other executive agencies to avoid new 
construction of storage facilities, acquisition of temporary space, and 
unnecessary transportation of supplies, material, and equipment to 
distant storage points. Whenever feasible, the policies and procedures 
shall be used to cross-service storage and warehousing requirements in 
overseas storage activities. Available storage services of executive 
agencies shall be made available for cross-servicing the requirements of 
other Federal agencies when requested. Other Federal agencies are 
encouraged to participate in cross-servicing arrangements.
    (b) The provisions of this subpart 101-28.2 do not apply to ocean 
terminals, Government storage activities financed under industrial 
funds, activities concerned with the storage and handling of bulk fuels 
(petroleum products), and storage functions performed by GSA for the 
Federal Preparedness Agency.

[35 FR 7050, May 16, 1970, as amended at 42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202  GSA/DOD cross-servicing agreement.

    An agreement between GSA and DOD has established procedures to be 
followed in the cross-servicing of storage and warehousing services 
between Government agencies. Copies of the agreement, containing a 
listing of minimum services to be provided, responsibilities of agencies 
operating storage facilities, responsibilities of requesting agencies, 
and agency contact points to determine storage availability, may be 
obtained from the General Services Administration (FFN), Washington, DC 
20406.

[42 FR 2317, Jan. 11, 1977]

[[Page 295]]



Sec. 101-28.202-1  Request for services.

    Requests for storage and warehousing services shall be in accordance 
with the procedures set forth in the GSA/DOD cross-servicing agreement. 
Arrangements incident to the furnishing of services, specific 
limitations, terms, and conditions shall be agreed to directly by the 
activities concerned.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202-2  Cancellation of cross-servicing arrangements.

    (a) Accepted requests may be canceled by the requesting agency prior 
to delivery of supplies, material, and equipment to the storage activity 
when logistical developments make cancellation necessary or cancellation 
is in the best interest of the Government. The agency which accepted the 
request shall be informed of the cancellation in writing as soon as 
possible.
    (b) Cancellation of arrangements in facilities to be inactivated or 
disposed of by an operating agency may be made as provided for in the 
GSA/DOD agreement. Also, after supplies, material, and equipment have 
been received at a storage activity, cancellation may be made when 
unforeseen emergencies arise which justify such cancellation. Advice of 
these necessary cancellations shall be in writing to the agency owning 
the material sufficiently in advance to allow the owning agency the 
maximum amount of time to make other arrangements for their property.
    (c) When a facility in which cross-servicing is being accomplished 
is to be transferred from an operating agency to another agency, the 
operating agency shall inform the agency owning the property at least 90 
days before the transfer. The agency owning the property shall negotiate 
with the agency gaining the facility for continued cross-servicing of 
the property at the facility. The agency gaining the facility shall 
continue the cross-servicing arrangements unless they are contrary to 
the best interest of the Government.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202-3  Cross-servicing rates.

    Normally, charges for services rendered will be based upon the 
standard rates established by the agency for internal use. However, 
special rates may be negotiated to cover actual or estimated costs for 
large, bulk lots of material when the applicable rates appear 
inequitable, subject to the approval of the appropriate program official 
for the civilian agency, and the Assistant Secretary of Defense (I and 
L) when DOD is involved.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.202-4  Reimbursement for services.

    Reimbursement for services rendered shall be made promptly after 
receipt of billing. The frequency for billing and reimbursement shall be 
established by the activity providing warehousing and storage services; 
however, billing and reimbursement shall be made not less frequently 
than quarterly nor more frequently than monthly.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.203  Definitions.

    As used in this subpart 101-28.2, the following term shall apply.

[42 FR 2317, Jan. 11, 1977]



Sec. 101-28.203-1  Government storage activity.

    A Government activity or facility utilized for the receipt, storage, 
and issue of supplies, materials, and equipment, including storage of 
reserve or excess stocks or intransit storage. The activity may be 
either Government owned or leased, and it may be either Government 
operated or contract operated.

[42 FR 2317, Jan. 11, 1977]



Secs. 101-28.203-2--101-28.203-3  [Reserved]



Sec. 101-28.203-4  Contact point.

    The point within the headquarters of a military service or civilian 
agency to which requests should be forwarded. Coordination necessary 
with various organizational elements within a military service or 
civilian agency shall be accomplished by the contact point.

[42 FR 2317, Jan. 11, 1977]

[[Page 296]]



                Subpart 101-28.3--Customer Supply Centers

    Source: 51 FR 13499, Apr. 21, 1986, unless otherwise noted.



Sec. 101-28.300  Scope of subpart.

    This subpart provides policy for the GSA customer supply center 
program, including policy on item stockage, services provided, and 
Federal agency participation.



Sec. 101-28.301  Applicability.

    This subpart is applicable to all activities that are eligible to 
use customer supply centers. Eligible activities include executive 
agencies, elements of the legislative and judicial branches of the 
Government, and cost reimbursable contractors. Customer supply centers 
are for the use of activities located within the market area of a 
customer supply center as determined by GSA.



Sec. 101-28.302  Mission of customer supply centers.

    Customer supply centers are retail supply distribution outlets 
established by GSA to provide efficient, economical support of 
frequently needed common-use expendable items for the accomplishment of 
customer agency missions.



Sec. 101-28.303  Benefits provided by customer supply centers.

    The customer supply centers (CSCs) provide the following:
    (a) Overall savings to the Federal Government through volume 
purchases.
    (b) Quick and easy catalog item selection and simplified order 
placement by telephone, mail, electronic mail, or customer walk-in for 
urgent agency requirements.
    (c) Next business day shipment to the customer for most orders.
    (d) Same day pick up of emergency walk-in and telephone orders.
    (e) Immediate stock availability information for all telephone and 
walk-in orders.
    (f) Extensive inventory designed to meet the needs of customer 
agencies within the geographic area served by each CSC.
    (g) A detailed catalog which lists the items stocked and procedures 
for use of the CSC.
    (h) Automated biweekly billings (consistent with DOD MILSBILLS).
    (i) Other services as approved by the GSA Regional Administrator.



Sec. 101-28.304  Item selection and stockage criteria.



Sec. 101-28.304-1  Types of items.

    Items stocked in customer supply centers are based on customer 
agency requirements for common use expendable items. In addition to 
administrative type items commonly used in Government offices, 
janitorial supplies, handtools, and other industrial-type items are 
stocked when required to meet the mission-related needs of the 
activities supported by the CSC.



Sec. 101-28.304-2  Determining items to be stocked.

    (a) Each CSC will stock administrative items normally required by 
Federal agencies for day-to-day operations. In addition to those items, 
each CSC will stock additional items as determined by the requirements 
of the activities within the geographic area it serves.
    (b) Regional FSS offices will canvass customer agencies periodically 
to identify items for which there is an official need within their 
support area.
    (c) Customer agencies may request that specific items be stocked by 
their support CSC. The requests must be submitted in writing to the 
appropriate-FSS Bureau Director and must be signed by a customer agency 
official at a level of responsibility (division director or higher) 
acceptable to the GSA Regional Administrator. All requests must indicate 
the expected monthly usage of the item requested. Each request will be 
evaluated and the submitting activity notified of the results of the 
evaluation.



Sec. 101-28.305  Prices of customer supply center items.

    The selling price of a CSC item is an average price which is 
calculated automatically by the CSC computer at the time the item is 
ordered. Items stocked in CSCs that are obtained from GSA

[[Page 297]]

wholesale supply distribution facilities are input into the computer at 
the price in effect at the time of shipment from the facilities (this 
price is normally the price shown in the GSA Supply Catalog). Items 
stocked in CSCs that are not available from GSA wholesale supply 
distribution facilities but which are obtained from other Government 
supply sources or commercial sources are input into the computer at the 
invoice cost. Due to cost averaging, item prices listed in the CSC 
catalog may differ somewhat from the sale price for a particular 
transaction.



Sec. 101-28.306  Customer supply center (CSC) accounts and related controls.



Sec. 101-28.306-1  Establishment of a CSC account by a customer activity.

    (a) Eligible agencies should contact the GSA Regional Federal Supply 
Service Bureau to obtain full information on the use of the CSC for 
their locale. FSS Bureau personnel will provide assistance to agencies 
in the establishment of the CSC account, brief personnel on the use of 
the CSC to meet local, retail supply requirements, and provide copies of 
the CSC catalog.
    (b) An appropriate level management official (division director of 
higher) authorized to obligate agency funds must sign the GSA Form 3525, 
Application for Customer Supply Services, requesting establishment of 
the CSC account for the activity.



Sec. 101-28.306-2  Use of customer supply centers.

    (a) Orders are received by the CSC via phone, mail, electronic mail, 
or in person on a walk-in basis for urgent agency requirements. All use 
of the CSC is based upon the customer access code assigned at the time 
of establishment of the activity account. The customer access code 
determines the ship-to point for orders placed with the CSC. The ship-to 
point cannot be changed, one established, except by the submission of a 
written request signed by an appropriate agency official.
    (b) All orders placed with the CSC, except emergency pickup orders, 
described in Sec. 101-28.306-1(c), will be shipped to the activity 
placing the order via mail or small parcel carrier not later than the 
end of the next business day.
    (c) Walk-in orders for urgent requirements are accepted and filled 
immediately provided the individual placing the order has proper 
identification. Telephone orders placed in the morning may be picked up 
in the afternoon of the same day provided that the individual picking up 
the order possesses proper identification and the order ticket number 
provided by the CSC personnel at the time the order is placed.



Sec. 101-28.306-3  Limitations on use.

    (a) Agencies shall establish internal controls to ensure that the 
use of the CSC account by the agency or other authorized activities is 
limited to the purchase of items for official Government use. The 
controls shall include written instructions that contain a statement 
prohibiting the use of the CSC account in acquiring items for other than 
Government use. When an agency makes a purchase of more than $500 per 
line item from a GSA customer supply center which is other than a 
similar lowest priced item available from a multiple-award schedule, GSA 
will assume that a justification has been prepared and made a part of 
the buying agency's purchase file. Availability of products, regardless 
of the total amount of the line item price, does not relieve an agency 
of the responsibility to select the lowest priced item commensurate with 
needs of the agency.
    (b) Office supplies needed by Members of Congress and the Delegate 
of the District of Columbia for use in their offices in the House or 
Senate Office Buildings should be obtained from the Senate and Houses 
Representatives supply rooms, as appropriate. Members of Congress, 
except for the Delegate of the District of Columbia, should limit their 
use of the CSCs to those located outside of the District of Columbia. 
The Delegate of the District of Columbia may obtain office supplies for 
the use of his or her district offices from the CSC serving the District 
of Columbia.

[[Page 298]]



Sec. 101-28.306-4  Expiration or cancellation.

    (a) CSC accounts established for Federal agencies or members of the 
Federal judiciary are valid for an indefinite period of time unless 
canceled by the Commissioner, FSS, GSA, or by a GSA Regional 
Administrator.
    (b) CSC accounts established for authorized contractors or Members 
of Congress will contain an expiration date reflecting the termination 
date of the contract or term of office. New accounts will be established 
for reinstated contractors or reelected Members of Congress upon 
submission of a new application.
    (c) Any CSC customer may request cancellation of his/her account 
when no longer required or whenever there is cause to believe that the 
customer access code has been compromised. Agencies shall keep GSA 
advised of any changes in organization or accounting structures that 
might have an impact on their CSC accounts.
    (d) The Commissioner FSS, GSA, may periodically direct a nationwide 
purge of all CSC accounts to cancel those that are duplicates, not 
needed, or for which the customer access code has been compromised. 
Selective account cancellations may be directed by the GSA Regional 
Administrator in coordination with FSS Central Office. Under the 
procedures of a nationwide purge, CSC accounts become invalid as of a 
specific date established by the Commissioner, FSS, GSA, or by a 
Regional Administrator, and new CSC accounts are established upon 
receipt of new applications.



Sec. 101-28.306-5  Safeguards.

    Agencies shall establish internal controls to ensure that the 
customer access codes assigned for their accounts are properly 
protected. It is by use of these access codes that orders are accepted 
by the CSC and these codes determine the ship-to points for all orders 
filled by the CSC with the exception of orders picked up at the CSC by 
the customer. GSA will not change the ship-to location associated with 
the customer access code except upon receipt of a written request to do 
so, signed by a duly authorized official of the customer activity.



Sec. 101-28.306-6  Sensitive items.

    Many items stocked by the CSCs may be considered sensitive based 
upon standard criteria factors such as propensity for personal use, the 
potential for embarrassment of GSA and customer agencies, the level of 
customer complaints, and control as an accountable item of personal 
property. Each customer activity shall take all appropriate measures 
necessary to ensure that all items are properly controlled within its 
activity and are purchased solely for official Government use.



Sec. 101-28.306-7  Responsibility for operation.

    The GSA Regional Administrator is responsible for the operation of 
any CSCs located within his or her region.



PART 101-29--FEDERAL PRODUCT DESCRIPTIONS--Table of Contents




Sec.
101-29.000  Scope of part.

                        Subpart 101-29.1--General

101-29.101  Federal product descriptions.
101-29.102  Use of metric system of measurement in Federal product 
          descriptions.

                      Subpart 101-29.2--Definitions

101-29.201  Specification.
101-29.202  Standard.
101-29.203  Federal specification.
101-29.204  Interim Federal specification.
101-29.205  Federal standard.
101-29.206  Interim Federal standard.
101-29.207  Qualified products list (QPL).
101-29.208  Commercial item description (CID).
101-29.209  Purchase description.
101-29.210  Product.
101-29.211  Product description.
101-29.212  Tailoring.
101-29.213  Commercial product.
101-29.214  Commercial-type product.
101-29.215  Departmental specification or standard.
101-29.216  Department of Defense Index of Specifications and Standards 
          (DODISS).
101-29.217  Military specification or standard.
101-29.218  Voluntary standards.
101-29.219  Index of Federal Specifications, Standards and Commercial 
          Item Descriptions.
101-29.220  Market research and analysis.

[[Page 299]]

101-29.221  Federal Specifications, Standards and Commercial Item 
          Description Program (Federal Standardization Program).

                   Subpart 101-29.3--Responsibilities

101-29.301  General Services Administration.
101-29.301-1  Policies and procedures.
101-29.301-2  Federal Standardization Handbook.
101-29.301-3  Availability of Federal product descriptions.
101-29.301-4  Periodic review of Federal product descriptions.
101-29.302  Other Federal agencies.
101-29.303  All Federal executive agencies.

     Subpart 101-29.4--Mandatory Use of Federal Product Descriptions

101-29.401  Federal product descriptions listed in the GSA Index of 
          Federal Specifications, Standards and Commercial Item 
          Descriptions.
101-29.402  Exceptions to mandatory use of Federal product descriptions.
101-29.403  Federal product description exceptions and tailoring.
101-29.403-1  Authorization of exceptions.
101-29.403-2  Agency responsibility relative to exceptions to Federal 
          product descriptions.
101-29.403-3  Tailoring of Federal product descriptions.

      Subpart 101-29.5--Use of and Optional Use of Federal Product 
              Descriptions and Agency Product Descriptions

101-29.501  Optional use of interim Federal specifications.
101-29.502  Use of Federal specifications and interim Federal 
          specifications in Federal construction contracts.
101-29.503  Agency product descriptions.

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

    Source: 48 FR 25196, June 6, 1983, unless otherwise noted.



Sec. 101-29.000  Scope of part.

    This part sets forth the policy and procedures for managing and 
using Federal product descriptions.



                        Subpart 101-29.1--General



Sec. 101-29.101  Federal product descriptions.

    Federal and interim Federal specifications, their associated Federal 
qualified products lists (QPL's), Federal and interim Federal standards 
and Commercial item descriptions (CID's) are referred to collectively as 
Federal product descriptions. They are developed by GSA or other Federal 
agencies under the Assigned Agency Plan described in the ``Federal 
Standardization Handbook'' issued by the Assistant Administrator for 
Federal Supply and Services (FSS). Product descriptions are coordinated 
with other Federal agencies having technical, statutory, or regulatory 
interest in the commodity or other subject matter covered. Generally, 
before they are issued, Federal product descriptions are reviewed by 
technical societies, individual industrial producers, and organizations 
representing industrial producers and consumers.



Sec. 101-29.102  Use of metric system of measurement in Federal product descriptions.

    In accordance with Public Law 94-168, 15 U.S.C. 205b, the 
Administrator of General Services shall develop procedures and plan for 
the increasing use of metric products by requiring Federal agencies to:
    (a) Maintain close liaison with other Federal agencies, State and 
local governments, and the private sector on metric matters, and
    (b) Review, prepare, and revise Federal standardization documents to 
eliminate barriers to the procurement of metric goods and services. 
These actions will occur during the overage document review or when the 
agency is informed by the private sector that metric products can be 
produced in a specific Federal supply classification class.

[49 FR 2774, Jan. 23, 1984]



                      Subpart 101-29.2--Definitions



Sec. 101-29.201  Specification.

    A specification is a document, prepared specifically to support 
acquisition that clearly and accurately describes the essential 
technical requirements for purchased material. Procedures necessary to 
determine whether these requirements have been met are also included.

[[Page 300]]



Sec. 101-29.202  Standard.

    A standard is a document that establishes engineering and technical 
requirements for items, processes, procedures, practices, and methods 
that have been adopted as customary. Standards may also establish 
requirements for selection, application, and design criteria so as to 
achieve the highest practical degree of uniformity in materials or 
products, or interchangeability of parts used within or on those 
products.



Sec. 101-29.203  Federal specification.

    A Federal specification is a specification, issued in the Federal 
series, that is mandatory for use by all Federal agencies. These 
documents are issued or controlled by the General Services 
Administration and are listed in the GSA ``Index of Federal 
Specifications, Standards and Commercial Item Descriptions.''



Sec. 101-29.204  Interim Federal specification.

    An interim Federal specification is a potential Federal 
specification issued in temporary form for optional use by all Federal 
agencies. Interim amendments to Federal Specifications and amendments to 
interim Federal specifications are included in this definition. These 
documents are issued or controlled by the General Services 
Administration and are listed in the GSA ``Index of Federal 
Specifications, Standards and Commercial Item Descriptions.''



Sec. 101-29.205  Federal standard.

    A Federal standard is a standard, issued in the Federal series, that 
is mandatory for use by all Federal agencies. These documents are issued 
or controlled by the General Services Administration and are listed in 
the GSA ``Index of Federal Specifications, Standards and Commercial Item 
Descriptions.''



Sec. 101-29.206  Interim Federal standard.

    An interim Federal standard is a potential Federal standard issued 
in temporary form for optional use by all Federal agencies. These 
documents are issued or controlled by the General Services 
Administration, primarily for use in the telecommunication functional 
area.



Sec. 101-29.207  Qualified products list (QPL).

    A qualified products list is a list of products that have met the 
qualification requirements stated in the applicable specification, 
including appropriate product identification and test or qualification 
reference number, with the name and plant address of the manufacturer 
and distributor, as applicable. Documents that contain QPL requirements 
are listed in the GSA ``Index of Federal Specifications, Standards and 
Commercial Item Descriptions.''



Sec. 101-29.208  Commercial item description (CID).

    A commercial item description is an indexed, simplified product 
description that describes by function or performance characteristics of 
available, acceptable commercial products that will satisfy the 
Government's needs. These documents are issued or controlled by the 
General Services Administration and are listed in the GSA ``Index of 
Federal Specifications, Standards and Commercial Item Descriptions.''



Sec. 101-29.209  Purchase description.

    A purchase description is any informal product description prepared 
for one-time use only or for small purchases when issuance of a formal 
product description is not cost effective.



Sec. 101-29.210  Product.

    The term product is any end item, either manufactured or produced, 
and also includes materials, parts, components, subassemblies, 
equipment, accessories, attachments, and services.



Sec. 101-29.211  Product description.

    A product description is a description of a product for acquisition 
and management purposes. Product descriptions include specifications, 
standards, commercial item descriptions, purchase descriptions, and 
brand-name purchase descriptions.

[[Page 301]]



Sec. 101-29.212  Tailoring.

    Tailoring is a process by which the individual requirements 
(sections, paragraphs or sentences) or product descriptions are 
evaluated to determine the extent to which each requirement is most 
suitable for a specific acquisition and the modification of these 
requirements, where necessary, to ensure that each document invoked 
achieves and optimal balance between operational needs and costs.



Sec. 101-29.213  Commercial product.

    A commercial product is any item, component, or system available 
from stock or regular production that is sold in substantial quantities 
to the general public at established catalog or market prices (for 
definition of terms, see FPR 1-3.807.1).



Sec. 101-29.214  Commercial-type product.

    A commercial-type product is defined as:
    (a) Any product similar to the commercial product but modified or 
altered in compliance with specified Government requirements and, as 
such is usually sold only to the Government and not through the normal 
catalog or retail outlets;
    (b) Any product similar to a commercial product that is either 
assembled or manufactured in accordance with specifically stated 
Government requirements and sold only to the Government and not to the 
general public; or
    (c) A commercial product identified or marked differently than the 
commercial product normally sold to the general public.



Sec. 101-29.215  Departmental specification or standard.

    A departmental specification or standard is a specification or 
standard prepared by, and of primary interest to, a particular Federal 
agency, but which may be used by other Federal agencies.



Sec. 101-29.216  Department of Defense Index of Specifications and Standards (DODISS).

    The Department of Defense Index of Specifications and Standards is a 
Department of Defense (DoD) publication of unclassified Federal and 
military specifications and standards, related standardization 
documents, and voluntary standards that are used by DoD.



Sec. 101-29.217  Military specification or standard.

    A military specification or standard is a specification or standard 
issued by the Department of Defense and listed in the DODISS.



Sec. 101-29.218  Voluntary standards.

    Voluntary standards are established generally by private sector 
bodies and available for use by any person or organization, private or 
governmental. The term includes what are commonly referred to as 
``industry standards'' as well as ``consensus standards,'' but does not 
include professional standards of personal conduct, institutional codes 
of ethics, private standards of individual firms, or standards mandated 
by law such as those contained in the United States Pharmacopeia as 
referenced in 21 U.S.C. 351.



Sec. 101-29.219  Index of Federal Specifications, Standards and Commercial Item Descriptions.

    The Index of Federal Specification, Standards and Commercial Item 
Descriptions is a GSA publication that lists Federal specifications, 
qualified products lists, standards, and commerical item descriptions.



Sec. 101-29.220  Market research and analysis.

    Market research and analysis is a process used to ascertain and 
analyze the range and quality of available commercial products to 
determine whether they meet user needs and to identify the market 
practices of firms engaged in producing, distributing, and supporting 
the products.



Sec. 101-29.221  Federal Specifications, Standards and Commercial Item Description Program (Federal Standardization Program).

    The Federal Specifications, Standards and Commercial Item 
Description Program is a standarization program developed under 
authority of the Federal Property and Administrative Services Act of 
1949, as amended (63 Stat. 377) in

[[Page 302]]

consonance with the Defense Cataloging and Standardization Act (Sections 
2451-2456, title 10, U.S.C. chapter 145), managed by the General 
Services Administration, for the purpose of coordinating civilian and 
military standardization functions to avoid unnecessary duplication. 
Within the program, procedures and controls govern the development, 
coordination, approval, issuance, indexing, management, and maintenance 
of product descriptions in the Federal series (Federal specifications, 
Federal standards, and CID's) that define commercial products and 
products that have high potential for common Federal agency use.



                   Subpart 101-29.3--Responsibilities



Sec. 101-29.301  General Services Administration.



Sec. 101-29.301-1  Policies and procedures.

    The Administrator of General Services is responsible for 
establishing policies and procedures, in coordination with the other 
agencies, for the preparation, coordination, approval, issuance, and 
maintenance of product descriptions in the Federal series of 
specifications, standards, and CID's.



Sec. 101-29.301-2  Federal Standardization Handbook.

    The Assistant Administrator for Federal Supply and Services will 
issue and maintain on a current basis a ``Federal Standardization 
Handbook.'' The Federal Standardization Handbook sets forth operating 
procedures and applicable definitions used in the development of Federal 
product descriptions under the Assigned Agency Plan described therein. 
Federal agencies shall adhere to the provisions of the handbook in the 
development and coordination of Federal product descriptions.



Sec. 101-29.301-3  Availability of Federal product descriptions.

    The Assistant Administrator for Federal Supply and Services will 
promulgate and maintain on a current basis the ``Index of Federal 
Specifications, Standards and Commercial Item Descriptions.'' The Index 
lists Federal product descriptions which have been printed and 
distributed, including those which are mandatory for use, and identifies 
the sources from which these documents may be obtained. Supplements to 
the Index indicate the dates on which the use of new Federal product 
descriptions become mandatory. The Department of Defense aslo lists 
Federal product descriptions in the ``Department of Defense Index of 
Specifications and Standards.''



Sec. 101-29.301-4  Periodic review of Federal product descriptions.

    The Assistant Administrator for Federal Supply and Services is 
responsible for establishing a program for periodically reviewing 
Federal product descriptions to determine whether revision, cancellation 
or reauthorization (validation) is appropriate. The frequency of the 
review shall be based on the degree of change in the technology of the 
product covered by the description and shall be conducted at least once 
every 5 years.



Sec. 101-29.302  Other Federal agencies.

    Heads of other Federal agencies are responsible for adhering to the 
policies and procedures established by GSA for management and control of 
Federal product descriptions and for the use of these documents in 
acquisition as applicable.



Sec. 101-29.303  All Federal executive agencies.

    (a) Federal executive agencies shall evaluate the effectiveness of 
their Federal product descriptions by:
    (1) Establishing a system for obtaining user critiques of products 
acquired using those descriptions; and
    (2) Establish a method whereby the preparing activity can locate and 
communicate with the users.
    (b) The system shall encourage users to communicate with acquisition 
organizations regarding:
    (1) The user's essential requirements;
    (2) Product suitability for use in the user's environment;
    (3) Product failures and deficiences;
    (4) The needs of the logistics system; and
    (5) Suggestions for corrective actions.

[[Page 303]]

    (c) Acquisition organizations shall designate a central point in 
each agency to evaluate and respond to user critiques and take 
corrective action on reasonable complaints and suggestions.
    (d) At the time of the periodic review, the responsible preparing 
activity shall consider available user evaluations, the results of 
market research and analysis, and all reported deviations from the 
product description. Information, such as the following shall be 
examined in the review process:
    (1) Whether the product description is still needed in its present 
form and scope or whether a more simplified one can be used;
    (2) The existence of voluntary standards or other Government product 
descriptions that may better reflect current requirements;
    (3) The need to convert Federal and agency specifications covering 
commercial or commercial-type products to CID's; and
    (4) The currency and applicability of reference documents included 
in the product description.



     Subpart 101-29.4--Mandatory Use of Federal Product Descriptions



Sec. 101-29.401  Federal product descriptions listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions.

    (a) Federal product descriptions shall be used by all Federal 
agencies in the procurement of supplies and services covered by such 
descriptions, except as provided in Sec. 101-29.402 and Sec. 101-29.403.
    (b) The order of preference in selecting Federal product 
descriptions for acquisition shall be:
    (1) Any Federal product description adopting voluntary standards.
    (2) Commercial item descriptions.
    (3) Federal specifications and standards.



Sec. 101-29.402  Exceptions to mandatory use of Federal product descriptions.

    (a) Federal product descriptions do not need to be used under any of 
the following circumstances:
    (1) The purchase is required under a public exigency and a delay in 
obtaining agency requirements would be involved in using the applicable 
description.
    (2) The total amount of the purchase is less than $10,000. (Multiple 
small purchases of the same item shall not be made for the purpose of 
avoiding the intent of this exception. Further, this exception in no way 
affects the requirements for the procurement of items available from GSA 
supply distribution facilities, Federal Supply Schedule contracts, GSA 
procurement programs, and certain procurement sources other than GSA 
that have been assigned supply responsibility for Federal agencies as 
provided in subparts 101-26.3, Sec. 101-26.4, and Sec. 101-26.5).
    (3) The items are purchased in foreign markets for use of overseas 
activities of agencies.
    (4) The products are adequately described in voluntary standards or 
in standards mandated by law.
    (5) The acquisition involves a one-time procurement.
    (6) A Federal product description is not currently available and is 
not expected to be available within a reasonable time of the scheduled 
acquisition action.
    (7) The product is available only from a single source or is 
produced to a single manufacturer's design.
    (8) The product is unique to a single system.
    (9) The product (excluding military clothing) is acquired for 
authorized resale.
    (b) If the purchase involves the following, Federal product 
descriptions do not need to be used except to the extent they are 
applicable, in whole or in part:
    (1) Items required in construction of facilities for new processes 
or new installations of equipment;
    (2) Items required for experiment, test, or research and 
development; or
    (3) Spare parts, components, or material required for operation, 
repair, or maintenance of existing equipment.



Sec. 101-29.403  Federal product description exceptions and tailoring.



Sec. 101-29.403-1  Authorization of exceptions.

    When the exceptions listed in Sec. 101-29.402 do not apply and an 
applicable indexed product description is desired

[[Page 304]]

for use in procurement but does not meet an agency's essential needs, 
exceptions to the product description to effect procurement may be 
authorized as follows:
    (a) All exceptions to Federal telecommunications standards require 
prior approval by the Assistant Administrator for Information Resources 
Management, General Services Administration, Washington, DC 20405.
    (b) Preparing activities may designate specific product descriptions 
that require approval of exceptions by the preparing activity before 
use.
    (c) Exceptions to Federal product descriptions that do not require 
prior approval under paragraphs (a) and (b) of this section may be 
authorized by the acquiring agency if:
    (1) Justifications for exceptions are subject to review before 
authorization and that such justification can be fully substantiated if 
post audit is required;
    (2) Notification of exception or recommendation for change to the 
Federal product description is sent promptly to the preparing activity 
and the General Services Administration (FCO), Washington, DC 20406.

(A statement of the exception with a justification and, where 
applicable, recommendation for revision or amendment to the description)



Sec. 101-29.403-2  Agency responsibility relative to exceptions to Federal product descriptions.

    Each agency taking exceptions shall establish procedures whereby a 
designated official having substantial procurement responsibility shall 
be responsible for assuring that Federal product descriptions are used 
and provisions for exceptions are complied with.



Sec. 101-29.403-3  Tailoring of Federal product descriptions.

    Product descriptions prepared to define and impose performance 
characteristics, engineering disciplines, and manufacturing practices 
such as reliability, system safety, quality assurance, maintainability, 
configuration management, and the like shall be tailored in accordance 
with their specific application in acquisitions.



      Subpart 101-29.5--Use of and Optional Use of Federal Product 
              Descriptions and Agency Product Descriptions



Sec. 101-29.501  Optional use of interim Federal specifications.

    Interim Federal specifications are for optional use. All agencies 
are urged to make maximum use of them and to submit suggested changes to 
the preparing activity for consideration in further development of the 
specifications for promulgation as Federal specifications or commercial 
item descriptions. Interim revisions or interim amendments to Federal 
specifications are for optional use as valid exceptions to the Federal 
specifications so revised or amended and must, therefore, be 
specifically identified by symbol and date in the invitation for bids or 
request for proposal.



Sec. 101-29.502  Use of Federal specifications and interim Federal specifications in Federal construction contracts.

    When material, equipment, or services covered by an available 
Federal specification or interim Federal specification are specified in 
connection with Federal construction, the Federal specification or 
interim Federal specification shall be made part of the specification 
for the construction contract, subject to provisions in Secs. 101-
29.402, 101-29.403, and 101-29.501.



Sec. 101-29.503  Agency product descriptions.

    When a Federal product description is not available, existing agency 
product descriptions should be used by all agencies consistent with each 
agency's procedures for establishing priority for use of such 
descriptions.



PART 101-30--FEDERAL CATALOG SYSTEM--Table of Contents




Sec.
101-30.000  Scope of part.
101-30.001  Applicability.

                        Subpart 101-30.1--General

101-30.100  Scope of subpart.
101-30.101  Definitions.
101-30.101-1  Civil agency item.

[[Page 305]]

101-30.101-1a  Item of production.
101-30.101-2  Item of supply.
101-30.101-3  National stock number.
101-30.101-4  Federal item identification.
101-30.101-5  Cataloging.
101-30.101-6  Cataloging activity.
101-30.101-7  Federal Catalog System.
101-30.101-8  Conversion.
101-30.101-9  Item entry control.
101-30.101-10  GSA section of the Federal Supply Catalog.
101-30.101-11  Recorded data.
101-30.101-12  Item identification data.
101-30.101-13  Management data.
101-30.101-14  Maintenance action.
101-30.101-15  Data preparation.
101-30.101-16  Data transmission.
101-30.101-17  Supply support.
101-30.101-18  Supply support request.
101-30.102  Objectives.
101-30.103  Responsibilities.
101-30.103-1  General.
101-30.103-2  Agency responsibilities.

           Subpart 101-30.2--Cataloging Handbooks and Manuals

101-30.201  General.
101-30.202  Policies.

              Subpart 101-30.3--Cataloging Items of Supply

101-30.300  Scope of subpart.
101-30.301  Types of items to be cataloged.
101-30.302  Types of items excluded from cataloging.
101-30.303  Responsibility.
101-30.304  Application of item entry control.
101-30.305  Exemptions from the system.

           Subpart 101-30.4--Use of the Federal Catalog System

101-30.400  Scope of subpart.
101-30.401  Data available from the Federal Catalog System.
101-30.401-1  Publications providing Federal catalog data.
101-30.401-2  Automated catalog data output.
101-30.402  Conversion.
101-30.403  Utilization.
101-30.403-1  Reports of excess and surplus personal property.
101-30.403-2  Management codes.
101-30.404  Supply support.
101-30.404-1  Consolidation of supply support requests.

       Subpart 101-30.5--Maintenance of the Federal Catalog System

101-30.500  Scope of subpart.
101-30.501  Applicability.
101-30.502  [Reserved]
101-30.503  Maintenance actions required.
101-30.504  Cataloging data from Defense Logistics Services Center 
          (DLSC).
101-30.505  Assistance by Government suppliers.

       Subpart 101-30.6--GSA Section of the Federal Supply Catalog

101-30.600  Scope of subpart.
101-30.601  Objective.
101-30.602  Authority for issuance.
101-30.603  GSA Supply Catalog.
101-30.603-1  [Reserved]
101-30.603-2  GSA Supply Catalog.
101-30.603-3--101-30.603-4  [Reserved]
101-30.603-5  Change bulletins.
101-30.603-6  Special Notices.
101-30.604  Availability.

                Subpart 101-30.7--Item Reduction Program

101-30.700  Scope of subpart
101-30.701  Definitions.
101-30.701-1  Item reduction study.
101-30.701-2  Item standardization code.
101-30.701-3  Preparing activity.
101-30.701-4  Standardization relationship.
101-30.702  Determining item reduction potential.
101-30.703  Program objectives.
101-30.704  Agency responsibilities.
101-30.704-1  General Services Administration.
101-30.704-2  Other agencies.
101-30.705  GSA assistance.

Subparts 101-30.8--101-30.48  [Reserved]

                Subpart 101-30.49--Illustrations of Forms

101-30.4900  Scope of subpart.
101-30.4901  Standard forms.
101-30.4901-1303  Standard Form 1303, Request for Federal Cataloging/
          Supply Support Action.

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



Sec. 101-30.000  Scope of part.

    This part provides for a Federal Catalog System by which items of 
supply under Sec. 101-30.301 are uniformly named, described, classified, 
and assigned national stock numbers (NSN's) to aid in managing all 
logistical functions and operations from determination of requirements 
through disposal. This system provides a standard reference language or 
terminology to be used by personnel in managing these items of supply, a 
prerequisite for integrated item management under the Federal 
procurement system concept.

[46 FR 35644, July 10, 1981]

[[Page 306]]



Sec. 101-30.001  Applicability.

    The provisions of this part are applicable to all Federal agencies. 
However, they shall apply to the Department of Defense only when so 
specified within or by the subparts of this part.

[36 FR 20292, Oct. 20, 1971]



                        Subpart 101-30.1--General

    Source: 29 FR 16004, Dec. 1, 1964, unless otherwise noted.



Sec. 101-30.100  Scope of subpart.

    This subpart defines the objectives of the Federal Catalog System, 
and assigns responsibilities for its operation. The basic principles and 
procedures of the Federal Catalog System are contained in published 
cataloging handbooks and manuals described in subpart 101-30.2.



Sec. 101-30.101  Definitions.

    As used in this part 101-30, the following terms shall have the 
meanings set forth in this Sec. 101-30.101.



Sec. 101-30.101-1  Civil agency item.

    Civil agency item means an item of supply in the supply system of 
one or more civilian agencies, which is repetitively procured, stocked, 
or otherwise managed (includes direct delivery requirements as well as 
items stocked for issue).

[46 FR 35644, July 10, 1981]



Sec. 101-30.101-1a  Item of production.

    Item-of-production means those articles, equipment, materials, 
parts, pieces, or objects produced by a manufacturer which conform to 
the same engineering drawing, standard, or specification and receive the 
same quality control and inspection.

[46 FR 35644, July 10, 1981]



Sec. 101-30.101-2  Item of supply.

    Item of supply means an item of production that is purchased, 
cataloged, and assigned a national stock number by the Government. The 
item of supply is determined by the requirements of each Government 
agency's supply system. The item of supply concept differentiates one 
item from another item in the Federal Catalog System. Each item of 
supply is expressed in and fixed by a national item identification 
number. An item of supply may be:
    (a) A single item of production;
    (b) Two or more items of production that are functionally 
interchangeable;
    (c) A more precise quality controlled item than the regular item of 
production, or
    (d) A modification of a regular item of production.

[46 FR 35644, July 10, 1981]



Sec. 101-30.101-3  National stock number.

    The national stock number (NSN) is the identifying number assigned 
to each item of supply. The NSN consists of the 4-digit Federal Supply 
Classification (FSC) code and the 9-digit national item identification 
number (NIIN). The written, printed, or typed NSN configuration is 1234-
00-567-8901. The following terms are elements of the 13-digit national 
stock number:
    (a) Federal Supply Classification (FSC) is a 4-digit number which 
groups similar items into classes.
    (b) National Codification Bureau (NCB) code is a 2-digit number 
designating the central cataloging office of the NATO or other friendly 
country which assigned the national item identification number (NIIN) 
and is used as the first two digits of the NIIN.
    (c) National item identification number (NIIN) is a 9-digit number 
composed of the NCB code number (2-digits) followed by 7 other 
nonsignificant digits.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-4  Federal item identification.

    Federal item identification means the approved item identification 
for the item of supply, plus the national stock number assigned to that 
item identification. It consists of four basic elements: The name of the 
item, the identifying characteristics, the Federal Supply Classification 
code, and the national item identification number.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-5  Cataloging.

    Cataloging means the process of uniformly identifying, describing, 
classifying, numbering, and publishing

[[Page 307]]

in the Federal Catalog System all items of personal property (items of 
supply) repetitively procured, stored, issued, and/or used by Federal 
agencies.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-6  Cataloging activity.

    Cataloging activity means the activity of a Federal agency having 
responsibility for performing cataloging operations in identifying and 
describing items of supply in the Federal Catalog System.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-7  Federal Catalog System.

    Federal Catalog System means the single supply catalog system 
designed to uniformly identify, classify, name, describe, and number the 
items of personal property used by the Federal Government by providing 
only one classification, one name, one description, and one item 
identification number for each item of supply. It provides a standard 
reference language or terminology to be used by all persons engaged in 
the process of supply.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-8  Conversion.

    Conversion means the changeover from using existing supply 
classifications, stock numbers, names, and identification data to using 
those of the Federal Catalog System in all supply operations, from 
determination of requirements to final disposal.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-9  Item entry control.

    Item entry control means the functional responsibility of GSA/DOD 
cataloging to minimize the number of items in the supply system by: (a) 
Establishing controls that prevent unessential new items from entering 
the supply system; (b) promoting the development of standards and use of 
standard items; and (c) eliminating items having nonstandard 
characteristics, and isolating and recommending the use of duplicate or 
replacement items.

[46 FR 35645, July 10, 1981]



Sec. 101-30.101-10  GSA section of the Federal Supply Catalog.

    GSA section of the Federal Supply Catalog means a series of supply 
catalogs issued by GSA as an integral part of the Federal Supply 
Catalog. These catalogs indicate the source for obtaining supplies and 
services and contain ordering instructions and related supply management 
data.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-11  Recorded data.

    Recorded data means the data which are associated with a national 
stock number and are recorded on microfilm or magnetic computer tape at 
the Defense Logistics Center (DLSC), Battle Creek, MI 49016.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-12  Item identification data.

    Item identification data means recorded data which are used to 
differentiate an item from all other items. Item identification data are 
composed of data that describe the essential physical characteristics of 
the item and reference data that relate the item to other identifying 
media (such as manufacturers' part numbers, identified blueprints, 
suppliers' catalogs, or the like).

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-13  Management data.

    Management data means recorded data that relate an item to the 
individual agency's supply system for purposes of supply management as 
standardization, source of supply, or inventory control. Management data 
do not affect the identification of an item.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-14  Maintenance action.

    Maintenance action means any action taken after conversion to the 
Federal Catalog System which changes the previously reported 
identification or management data regarding a cataloged item.

[46 FR 35645, July 10, 1981]

[[Page 308]]



Sec. 101-30.101-15  Data preparation.

    Data preparation means the conversion of item identification and 
management data to the appropriate Automated Data Processing (ADP) 
format.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-16  Data transmission.

    Data transmission means the operation of telecommunication equipment 
for the receipt and transmission of item identification and management 
data.

[41 FR 11308, Mar. 18, 1976]



Sec. 101-30.101-17  Supply support.

    Supply support means the functions performed by the supply manager 
to provide requesting (using) activities with a Government source and 
method of supply for an item; e.g., GSA stock program, Federal supply 
schedule program, GSA's buy-on-demand program, or GSA's authorizing an 
agency to purchase locally.

[43 FR 42257, Sept. 20, 1978]



Sec. 101-30.101-18  Supply support request.

    Supply support request means a request from an activity to a supply 
manager; e.g., a request to GSA to provide that activity with supply 
support for an item.

[43 FR 42257, Sept. 20, 1978]



Sec. 101-30.102  Objectives.

    The objectives of the Federal cataloging program are:
    (a) To provide for the maintenance of a uniform Federal supply 
catalog system and the conversion to and exclusive use of this system by 
all Federal agencies.
    (b) To name, describe, identify, classify, and number each item of 
personal property to be included in the Federal Catalog System so that 
the same items will have a single Federal item identification within and 
among the organizational elements of all Federal agencies.
    (c) To collect, maintain, and publish such Federal catalog data and 
related supply management data as may be determined necessary or 
desirable to reflect such benefits to supply management as:
    (1) Assistance in standardization of supplies and equipment;
    (2) Disclosure of interchangeability and substitutability of items;
    (3) Reduction in inventories of stock and increased rates of 
turnover;
    (4) Increase in vendor competition and broader sources of supply;
    (5) Provision of data for determining the most effective and 
economical method of item management on a Federal agency systemwide 
basis;
    (6) Enhance item entry control;
    (7) Facilitation of better interagency and intra-agency use of 
supplies, equipment, and excess stocks, and more exact identification of 
surplus personal property; and
    (8) Assistance in providing precise statistics for budget and 
financial accounting purposes.

[29 FR 16004, Dec. 1, 1964, as amended at 36 FR 20292, Oct. 20, 1971; 41 
FR 11308, Mar. 18, 1976]



Sec. 101-30.103  Responsibilities.



Sec. 101-30.103-1  General.

    (a) The provisions of section 206 of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 487) authorize the 
Administrator of General Services to establish and maintain a uniform 
Federal Catalog System to identify and classify personal property under 
the control of Federal agencies. Under this law each Federal agency is 
required to utilize the uniform Federal Catalog System, except as the 
Administrator of General Services shall otherwise provide, taking into 
consideration efficiency, economy, and other interests of the 
Government.
    (b) The Defense Cataloging and Standardization Act (chapter 145, 
title 10, U.S. Code) authorizes the Secretary of Defense to develop a 
single supply catalog system for the Department of Defense.
    (c) Both laws require that the Administrator of General Services and 
the Secretary of Defense shall coordinate the cataloging activities of 
GSA and the Department of Defense to avoid unnecessary duplication.

[29 FR 16004, Dec. 1, 1964, as amended at 41 FR 11309, Mar. 18, 1976]

[[Page 309]]



Sec. 101-30.103-2  Agency responsibilities.

    (a) Each civil agency shall:
    (1) Participate in the preparation and maintenance of the civil 
agency portion of the Federal Catalog System and in the conversion to 
and utilization of this system, and
    (2) Comply with the policies, principles, rules, and procedures of 
the Federal Catalog System as prescribed in this part 101-30.
    (b) Adherence by the Department of Defense to the single supply 
catalog system developed for the military departments under chapter 145, 
title 10, U.S. Code, shall be deemed to constitute full coordination of 
cataloging activities with GSA.



           Subpart 101-30.2--Cataloging Handbooks and Manuals



Sec. 101-30.201  General.

    (a) This subpart describes the cataloging handbooks and manuals 
prepared by the Defense Logistics Agency, Department of Defense, in 
coordination with GSA.
    (b) The following basic cataloging handbooks and manuals are 
available for purchase from the Superintendent of Documents, Government 
Printing Office, Washington, DC 20402. The requirements of these 
publications shall be followed by all cataloging activities 
participating in the Federal Catalog System.
    (1) Federal Catalog System Policy Manual (DOD 4130.2-M). This hard 
copy manual prescribes the operating policies and instructions covering 
the maintenance of a uniform catalog system.
    (2) Defense Integrated Data Systems (DIDS) Procedures Manual (DOD 
4100.39-M). This hard copy manual prescribes the procedures covering the 
maintenance of a uniform catalog system.
    (3) Federal Supply Classification (Cataloging Publication H2 
Series). This microfiche publication includes the listings and indexes 
necessary for using the commodity classification system (grouping 
related items of supply) as prescribed by the Federal Catalog System 
Policy Manual.
    (4) Federal Supply Code for Manufacturers (Cataloging Publication H4 
Series). This microfiche publication includes a comprehensive listing of 
the names and addresses of manufacturers who have supplied or are 
currently supplying items of supply used by the Federal Government and 
the applicable 5-digit code assigned to each.
    (5) Federal Item Name Directory (FIND) for Cataloging (Cataloging 
Publication H6 Series). This microfiche publication includes names of 
supply items with definitions, item name codes, and other related data 
required to prepare item identifications for inclusion in the Federal 
Catalog System.

[29 FR 16004, Dec. 1, 1964, as amended at 42 FR 36254, July 14, 1977; 46 
FR 35645, July 10, 1981]



Sec. 101-30.202  Policies.

    The cataloging publications indicated in Sec. 101-30.201 provide a 
ready reference to the following operating policies and rules covering 
the uniform catalog system:
    (a) Identification. (1) Each civil agency shall ensure that each of 
its items authorized for cataloging is included and maintained in the 
Federal Catalog System as prescribed in the Federal Catalog System 
Policy Manual.
    (2) Each item of supply shall have applicable to it one, and only 
one, Federal item identification; each Federal item identification shall 
be applicable to one, and only one, item of supply.
    (b) Federal Supply Classification (FSC). (1) The Federal Supply 
Classification shall be used in supply management within the civil 
agencies.
    (2) Each item included in the Federal Catalog System shall be 
classified under the Federal Supply Classification and shall be assigned 
only one 4-digit class in accordance with the rules prescribed in the 
Federal Catalog System Policy Manual.
    (c) Numbering. (1) Each item of supply identified in the Federal 
Catalog System shall be assigned a national stock number which shall 
consist of the applicable 4-digit FSC class code and a 9-digit national 
item identification number.
    (2) The national stock number shall be the only stock number used in 
supply operations for items within the scope of the Federal Catalog 
System. The integrity of the national stock

[[Page 310]]

number shall always be maintained whenever it is employed in any 
operation or document. Supply management codes, or other management 
symbols, may be associated with, but never included as a part of the 
national stock number. These management codes or symbols shall always be 
separated from the national stock number in such a manner that the 
national stock number is clearly distinguishable.

[29 FR 16004, Dec. 1, 1964, as amended at 39 FR 37060, Oct. 17, 1974; 41 
FR 11309, Mar. 18, 1976]



              Subpart 101-30.3--Cataloging Items of Supply



Sec. 101-30.300  Scope of subpart.

    This subpart prescribes the types of items to be cataloged, the 
types of items to be excluded from the Federal Catalog System, the 
responsibilities for catalog data preparation and transmission to the 
Defense Logistics Services Center (DLSC), and the application of item 
entry control procedures upon request for cataloging action.

[42 FR 36255, July 14, 1977]



Sec. 101-30.301  Types of items to be cataloged.

    Items of personal property in the civil agency systems that are 
subject to repetitive procurement, storage, distribution and/or issue, 
and all locally purchased, centrally managed items will be named, 
described, identified, classified, and numbered (cataloged) in the 
Federal Catalog System. Other locally purchased items may be cataloged 
based upon civil agency requirements. The term ``repetitive'' will be 
construed to mean continual or recurring and applies to those items for 
which a need is deemed to exist within the appropriate civil agency.

[41 FR 11309, Mar. 18, 1976]



Sec. 101-30.302  Types of items excluded from cataloging.

    Items of personal property in the following categories are to be 
excluded from the Federal Catalog System except when an agency 
determines that Federal item identification data will be of value in its 
supply management operations:
    (a) Capital equipment items which are nonexpendable and are 
especially designed for a specific purpose, such as elevators or central 
air-conditioning system installations.
    (b) Items of personal property on which security classification is 
imposed.
    (c) Items procured on a one-time or infrequent basis for use in 
research and development, experimentation, construction, or testing and 
not subject to centralized item inventory management, reporting, or 
stock control.
    (d) Items procured in foreign markets for use in overseas activities 
of Federal agencies.
    (e) Printed forms.

[29 FR 16004, Dec. 1, 1964, as amended at 41 FR 11309, Mar. 18, 1976; 42 
FR 36255, July 14, 1977]



Sec. 101-30.303  Responsibility.

    Each agency shall ensure that each of its items to be cataloged is 
included and maintained in the Federal Catalog System.
    (a) Agencies with cataloging and data preparation and transmission 
capabilities, when authorized by GSA, shall submit data direct to the 
Defense Logistics Services Center (DLSC) in conformance with procedures 
set forth in the Defense Integrated Data System (DIDS) Procedures Manual 
(DOD 4100.39-M).
    (b) Agencies not having the capabilities cited in paragraph (a) of 
this section shall submit their request to the appropriate cataloging 
activity; i.e., GSA or VA, for the performance of all cataloging 
functions and/or the preparation of data for submission to DLSC. 
Cataloging requests to GSA or VA shall be prepared using Standard Form 
1303, Request for Federal Cataloging/Supply Support Action (illustrated 
at Sec. 101-30.4901-1303). EAM card formatted requests for volume add/
delete user actions may also be submitted. Instructions on the 
preparation of Standard Form 1303 and EAM card formatted requests and 
guidance in determining the appropriate cataloging activity designated 
to receive requests are in the GSA Handbook, Federal Catalog System-
Logistics Data (FPMR 101-30.3), issued by the Commissioner, Federal 
Supply Service.

[[Page 311]]

    (c) GSA will confer with civil agencies periodically to review and 
devise methods of submission according to their needs and capabilities.

[42 FR 36255, July 14, 1977, as amended at 46 FR 35645, July 10, 1981]



Sec. 101-30.304  Application of item entry control.

    In addition to the reviews attendant to the process of item 
identification and assignment of national stock numbers, proposed new 
items will be subjected to a technical review to associate them with 
items available through the GSA supply system. Where a similar item is 
available through the GSA supply system, the agency will be informed of 
the national stock number and a source of supply and will be requested 
to use that item. If the requesting agency considers the GSA item 
unacceptable because of technical differences, the requesting agency 
shall notify GSA of the technical differences between the alternate item 
and the requested item to allow for the assignment of a new national 
stock number to the requested item.

[46 FR 35645, July 10, 1981]



Sec. 101-30.305  Exemptions from the system.

    When an agency believes that the benefits of the Federal Catalog 
System may be realized without formal participation, a request for an 
exemption shall be submitted to the General Services Administration 
(FRI), Washington, DC 20406. After reviewing the request for an 
exemption, GSA will inform the requesting agency of the decision and 
will provide instructions for implementation. The request for an 
exemption shall include, but not be limited to, the following 
information:
    (a) Number of items repetitively procured, stored, distributed, or 
issued.
    (b) Number of items currently used having national stock numbers.
    (c) Identification system planned or in use other than the Federal 
catalog system.
    (d) Whether procurement is centralized.
    (e) Description of any catalogs published. If none, so state.
    (f) Whether supply support is received from another agency including 
the name of the agency and category of item involved; e.g., electronics.
    (g) Cost differential between submitting a request for cataloging 
action and identifying the item under the agency's current or planned 
system.

[43 FR 42257, Sept. 20, 1978, as amended at 46 FR 35645, July 10, 1981]



           Subpart 101-30.4--Use of the Federal Catalog System



Sec. 101-30.400  Scope of subpart.

    This subpart prescribes the policies and procedures governing the 
dissemination of Federal catalog data, the conversion to and use of the 
Federal catalog system by Federal agencies, and the requesting of supply 
support from Government supply managers.

[43 FR 42257, Sept. 20, 1978]



Sec. 101-30.401  Data available from the Federal Catalog System.

    Federal Catalog System data are available in publications of general 
interest to Government supply activities and in the form of automated 
output tailored to meet individual agency needs.

[42 FR 36255, July 14, 1977]



Sec. 101-30.401-1  Publications providing Federal catalog data.

    (a) Federal Catalog System publications contain selected data from 
the Defense Logistics Services Center (DLSC) files chosen, assembled, 
and formatted to meet recognized needs for information in support of 
assigned missions, functions, and related responsibilities. Most 
publications are produced in microfiche form; however, some are produced 
in hard copy form. The following publications are available:
    (1) Master cross-reference list. A microfiche publication which 
contains a master list of national stock numbers (NSN's) cross-
referenced to and from manufacturers' part numbers, specifications, or 
reference drawings. This publication is used to cross-relate reference 
numbers and stock numbers or to ascertain the manufacturer of an

[[Page 312]]

item when the reference number or the NSN is known.
    (2) Identification list (IL). A microfiche publication arranged by 
Federal supply class and containing descriptions of items in the DLSC 
file. The principal uses of the IL are to obtain or verify an NSN when 
only the characteristics of the item are known or descriptive data when 
the NSN is known, and to determine interchangeable or substitutable 
items.
    (3) Consolidated Management Listing. A microfiche publication which 
is a consolidated listing of NSN's and related supply management data of 
each integrated manager and military service. These data include 
Government source of supply, unit of issue, unit price, etc.
    (4) Federal item logistics data records (FILDR). A microfiche 
publication containing complete identification data in tabular format 
for all descriptive-type item identifications. The data are arranged in 
NSN sequence within Federal supply class. An FILDR is known in hard copy 
form as a DD-146 card which is furnished as an output to authorized 
receivers of Federal catalog data who cannot use other available output 
media.
    (5) Defense Logistics Agency (DLA) Federal Supply Catalog for Civil 
Agencies. This publication (available in hard copy only) includes NSN's 
for which DLA is the single source of supply for civil agencies. These 
NSN's may not necessarily have a DOD user recorded. The publication 
contains descriptive and management data for items not usually listed in 
the GSA catalog but which might be required by civil agencies.
    (b) Agencies may obtain without charge copies of the DLA Federal 
Supply Catalog for Civil Agencies, described in paragraph (a)(6) \1\ of 
this section by contacting the Defense Logistics Services Center, DLSC-
TP, Federal Center, Battle Creek, MI 49016. To obtain copies of the 
publications described in paragraphs (a) (1) through (5) of this 
section, agencies may submit a request in writing to the same address 
shown above, except that the applicable mail distribution code is DLSC-
AP. Information concerning the charges for the latter publications is 
available from DLSC-AP.
---------------------------------------------------------------------------

    \1\ At 46 FR 35645, July 10, 1981, paragraph (a)(6) of Sec. 101-
30.401-1 was removed.

[42 FR 36255, July 14, 1977, as amended at 46 FR 35645, July 10, 1981]



Sec. 101-30.401-2  Automated catalog data output.

    As a result of participation in the Federal catalog system, 
activities may receive data directly from DLSC tailored to their 
individual needs in support of their own supply management data system. 
The two basic categories of file maintenance are:
    (a) Simplified file maintenance (SFM). Subscribers to this category 
of file maintenance are provided replacement files (magnetic tape) 
semiannually containing selected technical and supply management data 
for those items on which they are a registered user. The subscriber will 
also receive a monthly maintenance update and cumulative monthly basic 
records from DLSC which may be used to maintain the simiannual basic 
file. Recipients of this form of file maintenance have latitude in 
selecting those items which meet the needs of their supply system from 
the categories of data available from the Federal Catalog System.
    (b) Regular file maintenance (RFM). This form of the file 
maintenance provides activities with data on a daily basis as 
transactions affect items upon which they are a registered user. It is 
used primarily by those activities which consider it essential to 
maintain file compatibility with the DLSC file at all times.

[42 FR 36255, July 14, 1977]



Sec. 101-30.402  Conversion.

    Following completion of cataloging action, GSA will establish a time 
period in which conversion to the Federal Catalog System shall be 
accomplished by all civil agencies. The terminal dates for conversion 
will be established after consultation with the civil agencies 
concerned.

[29 FR 16004, Dec. 1, 1964]



Sec. 101-30.403  Utilization.

    On and after the established date for completion of conversion, all 
interagency and intra-agency transactions

[[Page 313]]

involving item identifications, commodity classification, or stock 
numbers shall be in the terms of the Federal Catalog System.

[29 FR 16004, Dec. 1, 1964]



Sec. 101-30.403-1  Reports of excess and surplus personal property.

    For items of personal property which have been identified in the 
Federal Catalog System, national stock numbers and Federal item 
identifications, with such additional descriptive detail as is required, 
shall be utilized in reports and listings of excess and surplus personal 
property. The assignment of national stock numbers and Federal item 
identifications shall not be required for items of excess or surplus 
personal property which have not been identified in the Federal Catalog 
System.

[39 FR 37060, Oct. 17, 1974]



Sec. 101-30.403-2  Management codes.

    For internal use within an agency, alphabetic codes excluding 
letters ``I'' and ``O'' may be prefixed or suffixed to the national 
stock number as CM7520-00-123-4567 or 7520-00-123-4567CM, as required 
for supply management operations. Numeric codes shall not be affixed 
immediately adjacent to or as a part of the national stock number, nor 
shall codes be intermingled in the national stock number.

[41 FR 11309, Mar. 18, 1976]



Sec. 101-30.404  Supply support.

    Civilian agencies requiring supply support on an item of supply 
shall request this action by preparing Standard Form 1303, Request for 
Federal Cataloging/Supply Support Action (illustrated at Sec. 101-
30.4901-1303), and submitting the form to the General Services 
Administration (FRIS), Washington, DC 20406. All supply support request 
for nonperishable subsistence items in Federal Supply Group 89, 
subsistence (except condiment packets in FSC classes 8940 and 8950), 
shall be submitted to the Veterans Administration, Catalog Division 
(901S), Veterans Administration Supply Depot, P.O. Box 27, Hines IL 
60141. Guidance on the preparation of supply support requests is in the 
GSA Handbook, Federal Catalog System-Logistics Data (FPMR 101-30.3), 
issued by the Commissioner, Federal Supply Service.

[46 FR 55991, Nov. 13, 1981]



Sec. 101-30.404-1  Consolidation of supply support requests.

    Requests for supply support should be consolidated in one focal 
point within each agency or activity. On the basis of the total 
consolidated agency or activity requirement; i.e., annual demand, GSA 
can determine the most economical and efficient method of supply 
support.

[43 FR 42257, Sept. 20, 1978]



       Subpart 101-30.5--Maintenance of the Federal Catalog System



Sec. 101-30.500  Scope of subpart.

    This subpart prescribes the policies and procedures governing the 
maintenance of the Federal Catalog System.

[31 FR 11106, Aug. 20, 1966]



Sec. 101-30.501  Applicability.

    (a) The Administrator of General Services delegated authority to the 
Secretary of Defense to develop and maintain the Federal Catalog System. 
This delegation provided for the cataloging system to continue to 
provide for the identification and classification of personal property 
under the control of Federal agencies and to maintain uniform item 
management data required and suitable for interdepartment supply 
activities.
    (b) The Federal Catalog System Policy Manual (DOD 4130.2-M) and the 
Defense Integrated Data System (DIDS) Procedures Manual (DOD 4100.39-M) 
are equally applicable to all DOD and civilian agencies. The Federal 
Supply Service, GSA, and the Department of Defense share joint 
responsibility for the coordination of civilian agency cataloging to 
ensure the integrity of the system and the compatibility of civilian and 
military agency participation in the Federal Catalog System.

[46 FR 35646, July 10, 1981]

[[Page 314]]



Sec. 101-30.502  [Reserved]



Sec. 101-30.503  Maintenance actions required.

    After converting to the Federal Catalog System, the agency concerned 
shall promptly take maintenance actions affecting the items converted 
and new items to be added. These actions may include deletion or 
revision of item identification or management data, or any other change 
required to ensure that the recorded data are maintained on a current 
basis. Submission of data to DLSC shall be as follows:
    (a) As new items meeting criteria for national stock number (NSN) 
assignment are added to an agency's supply system, the agency shall 
submit data to GSA, the Defense Logistics Agency (DLA), the Veterans 
Administration (VA), or DLSC when a direct submitter of catalog data is 
involved in accordance with Sec. 101-30.303.
    (b) All civilian agencies not authorized to submit catalog data 
direct to DLSC shall prepare Standard Form 1303, Request for Federal 
Cataloging/Supply Support Action (illustrated at Sec. 101-30.4901-1303), 
to request maintenance action. Maintenance requests shall be submitted 
to GSA for collaboration and submission to DLSC, except that civilian 
agencies receiving supply support on an item from a DLA center or the 
VA, as expressed by major organizational entity (MOE) rule, should 
submit these requests to the DLA center using DD Form 1685, Data 
Exchange and/or Proposed Revision of Catalog Data, or to the VA using 
Standard Form 1303, for collaboration and submission to DLSC. When GSA 
receives maintenance requests on these items, they will be forwarded to 
the appropriate DLA center or to the VA.
    (c) Agencies authorizd to submit catalog data direct to DLSC as 
provided in Sec. 101-30.303(a) shall comply with item maintenance and 
data collaboration procedures as set forth in the Defense Integrated 
Data System (DIDS) Procedures Manual (DOD 4100.39M).
    (d) All civilain agencies not authorized to submit catalog data to 
DLSC shall use Standard Form 1303, Request for Federal Cataloging/Supply 
Support Action, to request maintenance action. Proposed maintenance 
requests shall be submitted to GSA for collaboration and submission to 
DLSC, except that civilian agencies receiving supply support from DLA 
supply centers, as expressed in the DLSC user record by major 
organizational entity (MOE) rule, should submit proposed maintenance 
requests to the appropriate DLA supply center for collaboration and 
submission to DLSC. When GSA receives maintenance requests for these 
items, they will be referred to the appropriate DLA supply center.
    (e) Any civilian agency participating in the Federal Catalog System 
(those agencies previously assigned a Cataloging Activity Code) may 
propose action for maintenance of the catalog system tools as outline in 
Sec. 101-30.201(b).

[41 FR 11310, Mar. 18, 1976, as amended at 42 FR 36255, July 14, 1977; 
43 FR 18673, May 2, 1978; 46 FR 35646, July 10, 1981]



Sec. 101-30.504  Cataloging data from Defense Logistics Services Center (DLSC).

    Upon receipt of cataloging data from civil agencies, DLSC will 
process the data and provide for their inclusion in the Federal Catalog 
System. Notification to the submitting and originating agencies of the 
action taken by DLSC will be as required in the Federal Catalog System 
Policy Manual (DOD 4130.2-M) and will be accomplished by means of 
electric accounting machine cards, magnetic tape, or wire transmission, 
according to the capabilities of those agencies. DLSC will send this 
information to the agencies that are designated by GSA as direct data 
receivers. Otherwise, DLSC will transmit the information to the 
submitting agency to be forwarded to the originating agency, when 
required.

[42 FR 36256, July 14, 1977]



Sec. 101-30.505  Assistance by Government suppliers.

    When a new item is to be introduced into an agency supply system, 
the agency establishing the need for the new item shall determine 
whether or not adequate identification data for cataloging the item are 
available. If the data are not available, the agency may specify in 
procurement documents

[[Page 315]]

the use of Federal Standard No. 5, Standard Guides for Preparation of 
Proposed Item Logistics Data Records, and submission of the cataloging 
data required by that standard to the contracting officer (for further 
processing in accordance with this subpart 101-30.5).

[41 FR 11310, Mar. 18, 1976]



       Subpart 101-30.6--GSA Section of the Federal Supply Catalog



Sec. 101-30.600  Scope of subpart.

    This subpart describes that section of the Federal Supply Catalog 
issued by GSA and authorizes its issuance by the Commissioner, Federal 
Supply Service.

[35 FR 3071, Feb. 17, 1970]



Sec. 101-30.601  Objective.

    GSA supply catalogs are primarily designed to aid in the acquisition 
of GSA centrally managed, stocked, and issued items available from GSA 
supply facilities by Federal civilian agencies and other organizations 
authorized to use the GSA Federal Supply Service (FSS) stock program as 
a source of supply. GSA also provides information relative to other FSS 
sales programs and GSA services.

[46 FR 35646, July 10, 1981]



Sec. 101-30.602  Authority for issuance.

    The GSA section of the Federal Supply Catalog is issued as an 
integral part of the Federal Supply Catalog and the Federal Catalog 
System as prescribed in subpart 101-30.1. The Commissioner, Federal 
Supply Service, is authorized to publish catalogs for those items and 
programs for which GSA furnishes supply support to Federal agencies.

[35 FR 3071, Feb. 17, 1970]



Sec. 101-30.603  GSA Supply Catalog.

    (a) The GSA Supply Catalog is an illustrated catalog, published 
annually, which serves as the primary source to identify and order 
centrally managed, stocked, and issued items available from GSA supply 
facilities. The catalog also provides information concerning other 
Federal Supply Service programs and GSA services.
    (b) The GSA Supply Catalog contains all necessary information for 
ordering from the GSA Federal Supply Service stock program and basic 
information, such as:
    (1) Alphabetical Index. This index is organized alphabetically by 
approved item names under the basic noun name in inverted word sequence, 
(i.e. sofa, sleeper) with reference to the page that contains the 
pertinent item description.
    (2) Item Descriptions/Ordering Data. Item descriptions are listed by 
commodity groups in this section. Included also are descriptive and 
ordering data with representative illustrations for selected common-use 
items that are centrally managed, stocked, and issued from GSA supply 
facilities.
    (3) National Stock Number Index. This NSN sequenced index lists 
items that are centrally managed, stocked, and issued from GSA supply 
facilities.
    (4) Narrative. The narrative includes comprehensive detailed 
information to use and understand the GSA Federal Supply Service stock 
program.
    (5) Other Federal Supply Service sales programs and GSA services. 
This section provides to user agencies pertinent information regarding 
the use and understanding of the GSA Federal Supply Service stock 
program, sales program, and other GSA services.
    (c) Changes to the GSA Supply Catalog are effected by change 
bulletins issued during April, July, and October. These are cumulative 
publications that contain information pertaining to new items, changes 
to supply management data, and deleted items.
    (d) Special Notice to Ordering Office is issued on a nonscheduled 
basis as required by the Commissioner, FSS, to inform agencies of 
significant program changes to the GSA Supply Catalog.

[46 FR 35646, July 10, 1981]



Sec. 101-30.603-1  [Reserved]



Sec. 101-30.603-2  GSA Supply Catalog.

    The GSA Supply Catalog, published annually and updated quarterly, is 
an illustrated publication which serves as the primary source for 
identifying items and services available through the following GSA 
supply sources:
    (a) GSA supply distribution facilities;

[[Page 316]]

    (b) Federal Supply Schedules; and
    (c) Term Contract Program.

[39 FR 37060, Oct. 17, 1974]



Secs. 101-30.603-3--101-30.603-4  [Reserved]



Sec. 101-30.603-5  Change bulletins.

    Changes to the GSA Supply Catalog are effected by quarterly 
cumulative publications entitled ``Change Bulletin to the GSA Supply 
Catalog.'' These change bulletins will serve as the media to notify 
agencies of additions, deletions, and other pertinent changes occurring 
between the annual publication of the GSA Supply Catalog.

[38 FR 28568, Oct. 15, 1973]



Sec. 101-30.603-6  Special Notices.

    Special Notices will be issued on a nonschedule basis to advise 
agencies of program changes, general information, or additions, 
deletions, and other pertinent changes to the GSA Supply Catalog.

[38 FR 28568, Oct. 15, 1973]



Sec. 101-30.604  Availability.

    Agencies that require current copies of and desire to be placed on 
distribution lists to receive Federal supply catalogs and related 
publications shall complete GSA Form 457, FSS Publications Mailing List 
Application (illustrated at Sec. 101-26.4902-457), and forward the 
completed GSA Form 457 to General Services Administration (8BRC), 
Centralized Mailing Lists Services, Building 41, Denver Federal Center, 
Denver, CO 80225. Copies of GSA Form 457 may also be obtained from the 
above address. Periodically, the Centralized Mailing Lists Services will 
request information from agency offices for use in maintaining current 
distribution lists.

[46 FR 35646, July 10, 1981]



                Subpart 101-30.7--Item Reduction Program

    Source: 43 FR 4999, Feb. 7, 1978, unless otherwise noted.



Sec. 101-30.700  Scope of subpart.

    This subpart defines the objectives of the item reduction program 
and assigns responsibilities for its operation. Procedures implementing 
the policy set forth herein are contained in the GSA Handbook, Item 
Elimination (FPMR 101-30.7), issued by the Commissioner, Federal Supply 
Service.



Sec. 101-30.701  Definitions.

    As used in this subpart 101-30.7, the following terms shall have the 
meanings set forth in this Sec. 101-30.701.



Sec. 101-30.701-1  Item reduction study.

    Item reduction study means the study of a group of generally similar 
items which are subject to evaluation by physical and performance 
characteristics. This evaluation process identifies items determined to 
be unnecessarily similar or uneconomical for Government use and which 
will be considered for removal from Government supply systems. For items 
so identified, a replacement item shall be proposed. The result of item 
reduction studies will indicate items which are authorized for 
procurement or not authorized for procurement.



Sec. 101-30.701-2  Item standardization code.

    Item standardization code (ISC) means a code assigned an item in the 
supply system which identifies the item as authorized for procurement or 
not authorized for procurement.



Sec. 101-30.701-3  Preparing activity.

    Preparing activity means a Government agency responsible for the 
preparation of item reduction studies, or an activity authorized by the 
listed agencies to conduct an item reduction study. The DOD 
Standardization Directory SD-1 provides such a listing.



Sec. 101-30.701-4  Standardization relationship.

    Standardization relationship means the relationship between the 
replaced item and the replacement item. The replaced item will contain 
an item standardization code designating the item as not authorized for 
procurement and therefore must have a replacement

[[Page 317]]

item. The relationship of the two items is displayed within the item 
reduction study by item standardization codes and, upon approval of the 
study, in the Federal catalog system data base at the Defense Logistics 
Services Center (DLSC).



Sec. 101-30.702  Determining item reduction potential.

    Item reduction studies are required where there are large numbers of 
generally similar items which are subject to grouping and examination by 
item name, item name modifiers, or other characteristics such as sizes, 
grades, lengths, and materials. Before conducting a full scale item 
reduction study, the assignee activity shall determine whether 
sufficient item reduction potential appears to exist. Item reduction 
studies shall be undertaken only when the expected benefits outweigh the 
costs of performing the study.



Sec. 101-30.703  Program objectives.

    The objective of the item reduction program is to reduce the 
varieties and sizes of similar items in the Government supply system by:
    (a) Implementing a coordinated item reduction process among supply 
managers of using activities;
    (b) Standardizing items of supply used by the Government;
    (c) Ensuring that all participants in item reduction studies give 
priority to controlling and completing item reduction studies;
    (d) Promptly recording decisions in the Federal catalog system data 
base; and
    (e) Phasing out of the Government supply system those items 
identified in item reduction studies as not authorized for procurement 
to reduce cataloging, supply management, and warehousing costs; then 
following through to eliminate the items from agency catalog systems.

[43 FR 4999, Feb. 7, 1978, as amended at 46 FR 35646, July 10, 1981]



Sec. 101-30.704  Agency responsibilities.



Sec. 101-30.704-1  General Services Administration.

    (a) The General Services Administration (GSA) will develop or 
authorize other Government agencies to develop item reduction studies on 
items within the Federal supply classification (FSC) classes for which 
GSA is the integrated material manager.
    (b) GSA, as the civil agency coordinating activity for item 
reduction studies originated by both GSA and DOD, will:
    (1) Distribute proposed item reduction studies, as appropriate, to 
all civil agencies recorded as users of the item in the DLSC data base. 
This distribution will be made by coordination letters in which a time 
frame for a response will be specified. GSA will interpret each 
nonresponse to a proposed study to mean that the activity concurs with 
the study. Extensions, when requested by an agency, normally will be 
granted by GSA.
    (2) Respond to questions concerning proposed item reduction studies.
    (3) Prepare a consolidated civil agency position paper (including 
comments and nonconcurrences) relative to each study upon receipt of 
user responses.
    (4) Incorporate civil agency positions into proposed item reduction 
studies prepared by GSA or forward a consolidated civil agency position 
paper to appropriate preparing activities.
    (5) Resolve controversies arising from proposed item reduction study 
recommendations.
    (6) Review approved item reduction studies to ensure that 
concurrences and nonconcurrences from all civil agencies are accurately 
reflected.
    (7) Register into the Federal catalog system, data base approved 
item reduction decisions concerning items within the FSC classes which 
are managed by GSA.
    (8) Implement decisions documented in approved item reduction 
studies within the GSA supply system.

[[Page 318]]

    (9) Distribute approved item reduction studies to all recorded civil 
agency users. All civil agencies (except direct submitters of catalog 
data to DLSC) will also be forwarded covering letters which will request 
specific information relative to implementing the studies; i.e., 
inventory levels of items coded ISC 3. Activities not responding within 
the time frame specified (60 calendar days) will receive a followup 
notice before being automatically withdrawn as users of all items coded 
as not authorized for procurement.

[43 FR 4999, Feb. 7, 1978, as amended at 46 FR 35646, July 10, 1981]



Sec. 101-30.704-2  Other agencies.

    Civil agencies participating in the Federal Catalog System shall:
    (a) Conduct a review of the items included in the proposed study by 
the preparing activity with respect to the ISC to determine the impact 
the assigned code may have on the agency's supply system.
    (b) Prepare and submit written comments on the proposed study to GSA 
within the time frame specified in the GSA coordination letter, concur 
with the study, or nonconcur on specific proposed standardization 
relationships. If comments cannot be prepared and submitted within the 
time frame specified, an extension shall be requested from GSA.
    (c) Review the approved item reduction study and notify GSA in 
writing if the activity is to be retained or deleted as a user of any 
item coded as ``not authorized for procurement.'' This notification will 
allow the preparer of the study to complete coordination of the study 
and update the DLSC Total Item Record (TIR).
    (d) Implement within the agency those item reduction decisions 
resulting from the study.
    (e) Request, as appropriate, the retention of a nonstandard item in 
their supply system by forwarding a letter to General Services 
Administration (FRIS), Washington, DC 20406. The request shall include 
but not be limited to the following information:
    (1) The specific end-use of end-item application;
    (2) A technical explanation comparing the physical and functional 
characteristics of the nonstandard item with each authorized-for-
procurement item;
    (3) The duration of the requirement for the item or how long the 
end-item will be retained in the agency's supply system; and
    (4) Economic considerations from a technical standpoint. GSA will 
evaluate the request and inform the agency of its acceptance or 
rejection.

[43 FR 4999, Feb. 7, 1978, as amended at 46 FR 35647, July 10, 1981]



Sec. 101-30.705  GSA assistance.

    Activities requiring assistance in fulfilling their responsibilities 
under the program shall contact the General Services Administration 
(FRI), Washington, DC 20406.

[46 FR 35647, July 10, 1981]

Subparts 101-30.8--101-30.48 [Reserved]



                Subpart 101-30.49--Illustrations of Forms



Sec. 101-30.4900  Scope of subpart.

    This subpart illustrates forms prescribed or available for use in 
connection with subject matter covered in other subparts of this part 
101-30.

[31 FR 11107, Aug. 20, 1966]



Sec. 101-30.4901  Standard forms.

    (a) Standard forms are illustrated in this Sec. 101-30.4901 to show 
their text, format, and arrangement and to provide a ready source of 
reference. The subsection numbers in this Sec. 101-30.4901 correspond 
with the Standard form numbers.
    (b) Standard forms illustrated in this Sec. 101-30.4901 may be 
obtained by submitting a requisition in FEDSTRIP format to the GSA 
regional office providing support to the requesting activity.

[43 FR 18674, May 2, 1978]

[[Page 319]]



Sec. 101-30.4901-1303  Standard Form 1303, Request for Federal Cataloging/Supply Support Action.

    Note: The form illustrated in Sec. 101-30.4901-1303 is filed with 
the original document and does not appear in the Federal Register.

[43 FR 18674, May 2, 1978]



PART 101-31--INSPECTION AND QUALITY CONTROL--Table of Contents




Sec.
101-31.000  Scope of part.

Subpart 101-31.1  [Reserved]

   Subpart 101-31.2--Private Inspection, Testing, and Grading Services

101-31.200  Cross-reference to the Federal Acquisition Regulation (FAR) 
          (48 CFR chapter 1, parts 1-99).

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

    Source: 29 FR 13257, Sept. 24, 1964, unless otherwise noted.



Sec. 101-31.000  Scope of part.

    This part prescribes policy, guidelines, and procedures related to 
inspection, testing, and grading of supplies or services.

Subpart 101-31.1  [Reserved]



   Subpart 101-31.2--Private Inspection, Testing, and Grading Services



Sec. 101-31.200  Cross-reference to the Federal Acquisition Regulation (FAR) (48 CFR chapter 1, parts 1-99).

    For guidance see Federal Acquisition Regulation (e.g., Subpart 7.5, 
and parts 37 and 46) (48 CFR Subpart 7.5, and parts 37 and 46).

[64 FR 34734, June 29, 1999]

                         PART 101-32  [RESERVED]



PART 101-33--PUBLIC UTILITIES--Table of Contents




Sec.
101-33.000  Scope of part.

                  Subpart 101-33.0--General Provisions

101-33.001  Definitions.
101-33.002  Applicability.
101-33.003  Submission of information.

   Subpart 101-33.1--Utilization and Conservation of Utility Services

101-33.101  Surveys and recommendations.
101-33.102  Advice and assistance.

   Subpart 101-33.2--Negotiation and Representation Involving Utility 
                                Services

101-33.201  Negotiations with utility suppliers.
101-33.202  Proceedings before regulatory bodies.

                    Subpart 101-33.3--Capital Credits

101-33.301  General.
101-33.302  Definitions.
101-33.302-1  Capital credits.
101-33.302-2  REA-financed cooperative.
101-33.303  Responsibility for handling capital credit notifications.
101-33.304  Disposition of capital credit retirements.
101-33.305  Cost-reimbursement type con-tracts.
101-33.306  Other provisions.

Subparts 101-33.4--101-33.48  [Reserved]

Subpart 101-33.49--Forms and Reports  [Reserved]

    Authority: 40 U.S.C. 486(c).

    Source: 29 FR 13258, Sept. 24, 1964, unless otherwise noted. 
Redesignated at 43 FR 27191, June 23, 1978.



Sec. 101-33.000  Scope of part.

    (a) This part prescribes policies and methods governing the 
economical and efficient management of public utility services by 
executive agencies within the United States and its insular possessions.
    (b) For more information on the management of public utility 
services, see 41 CFR parts 102-71 through 102-82. To the extent that any 
policy statements in this part are inconsistent with the policy 
statements in 41 CFR parts 102-71 through 102-82, the policy statements 
in 41 CFR parts 102-71 through 102-82 are controlling.

[29 FR 13258, Sept. 24, 1964. Redesignated at 43 FR 27191, June 23, 
1978, as amended at 66 FR 5359, Jan. 18, 2001]

[[Page 320]]



                  Subpart 101-33.0--General Provisions



Sec. 101-33.001  Definitions.

    As used in this part:
    (a) Public utility services includes without limitation all utility 
services (except telecommunications services), such as electricity, gas, 
steam, water, and sewerage procured from a public utility supplier, and 
facilities for the supply of such services.
    (b) Other terms which are defined in the Federal Property and 
Administrative Services Act of 1949, 63 Stat. 377, as amended, 
hereinafter sometimes referred to as the ``Property Act,'' shall have 
the meanings given to them in such Act.



Sec. 101-33.002  Applicability.

    The provisions of this part 101-33 apply to all Federal agencies to 
the extent specified in the Property Act, or other law, except in those 
instances where specific exemptions are approved by GSA, and except as 
hereinafter provided:
    (a) The ``Statement of Areas of Understanding between the Department 
of Defense and the General Services Administration in the Matter of 
Procurement of Utility Services,'' as amended (15 FR 8227 and 22 FR 
871), shall govern the applicability of this part 101-33 to the 
Department of Defense.
    (b) The provisions of this part 101-33 do not apply to the 
production, distribution, or sale of utility services by a Federal 
Agency.
    (c) GSA will, upon request, furnish the services provided for in 
this part 101-33 to any other Federal agency, mixed-ownership 
corporation, the District of Columbia, the Senate, the House of 
Representatives, and the Architect of the Capitol and any activity under 
his direction.
    (d) The provisions of this part 101-33 do not apply to the 
procurement of natural gas from source suppliers; i.e., suppliers other 
than a local public utility. Procurement of natural gas from source 
suppliers is covered in Sec. 101-26.602-5.

[29 FR 13258, Sept. 24, 1964. Redesignated at 43 FR 27191, June 23, 
1978, and amended at 57 FR 21895, May 26, 1992]



Sec. 101-33.003  Submission of information.

    All information required under this part 101-33, except where 
otherwise specified, shall be addressed to the General Services 
Administration, Public Buildings Service, Public Utilities Division 
(PPU), Washington, DC 20405.

[57 FR 21896, May 26, 1992]



   Subpart 101-33.1--Utilization and Conservation of Utility Services



Sec. 101-33.101  Surveys and recommendations.

    GSA, in coordination with the agency involved, will from time to 
time survey executive agency requirements for, and utilization and 
conservation of, utility services and facilities and, with due regard to 
the program activities of the agency involved, will make such 
recommendations for improvements as may be deemed advantageous to the 
Government in terms of economy, efficiency, or service. Executive 
agencies shall carry out such recommendations.



Sec. 101-33.102  Advice and assistance.

    GSA, upon request of the agency involved, will provide advice and 
assistance to executive agencies regarding utilization and conservation 
of utility services and facilities.



   Subpart 101-33.2--Negotiation and Representation Involving Utility 
                                Services



Sec. 101-33.201  Negotiations with utility suppliers.

    GSA, in behalf of executive agencies as utility consumers, will 
conduct negotiations with utility suppliers; and, where prior 
negotiation has failed or is not feasible and where circumstances 
warrant, will institute such formal or informal action, as may be deemed 
advisable, before Federal and State regulatory bodies to contest the 
level, structure, or applicability of rates or service terms of utility 
suppliers.



Sec. 101-33.202  Proceedings before regulatory bodies.

    Pursuant to the provisions of section 201(a)(4) of the Property Act, 
executive

[[Page 321]]

agencies shall refer to GSA for consideration, all complaints and 
petitions involving public utility rates or services proposed to be 
brought before Federal and State regulatory bodies. Executive agencies 
seeking intervention authority shall submit their requests to GSA in 
writing. GSA will determine whether it will handle the proceedings, in 
cooperation with other interested agencies, or delegate the handling of 
the proceeding to the referring agencies, depending on which course of 
action is deemed to be in the best interest of the Government. Agencies 
delegated intervention authority shall be responsible for representing 
the interests of all Federal executive agencies in the utility's service 
jurisdiction, and shall give a diligent effort to identify those 
interests. To the extent that there is a divergence of interest between 
the agency receiving the delegation and other agencies served by the 
utility, the delegated agency shall promptly notify GSA of the 
situation. After completion of a case, the delegated agency shall 
provide a report that describes the results of the intervention effort; 
the report will include a copy of the Public Utility Commission's 
decision, a summary of the rates requested and approved by the 
Commission, an estimate of the impact on Federal executive agencies, and 
a discussion of the central issues of the case. The final report shall 
be provided to GSA within 90 days of the issuance of the Commission's 
decision.

[56 FR 21311, May 8, 1991]



                    Subpart 101-33.3--Capital Credits

    Source: 36 FR 13687, July 23, 1971, unless otherwise noted. 
Redesignated at 43 FR 27191, June 23, 1978.



Sec. 101-33.301  General.

    Some Federal agencies procure public utility services from Rural 
Electrification Administration (REA)-financed cooperatives. Since REA-
financed cooperatives are nonprofit organizations, any amount paid by 
participating agencies (also referred to as patrons) in excess of cost 
of services (usually referred to as operating margins) is treated as 
capital furnished by such patrons. Operating margins are determined 
annually on a patronage basis and credited to a capital account for each 
patron. The cooperative returns the share of the net income credited to 
agencies on a revolving basis by cash payments or deductions in current 
service bills when the cooperative's board of directors determines that 
such a retirement will not impair the cooperative's financial condition.



Sec. 101-33.302  Definitions.

    As used in this subpart 101-33.3, the following terms shall have the 
meanings stated below.



Sec. 101-33.302-1  Capital credits.

    Capital credits are patronage dividends derived from amounts paid by 
patrons in excess of cost of services. Agencies are informed of their 
share of the capital credit, if any, by written notices of allocation 
issued by REA-financed cooperatives.



Sec. 101-33.302-2  REA-financed cooperative.

    An REA-financed cooperative is a nonprofit organization that 
furnishes electric or telephone services to customers, including Federal 
agencies.



Sec. 101-33.303  Responsibility for handling capital credit notifications.

    Contracting and procurement officers and other employees of Federal 
agencies shall forward promptly any capital credit notifications to 
their finance officer or other accountable official. The accountable 
official shall retain the notification in the official files of the 
agency.



Sec. 101-33.304  Disposition of capital credit retirements.

    When capital credits are (a) settled by payment to the Government or 
(b) offset on billings to the Government, the amount received shall be 
deposited in the Department of the Treasury as miscellaneous receipts, 
or treated as a cost reduction, as appropriate.

[[Page 322]]



Sec. 101-33.305  Cost-reimbursement type contracts.

    Federal agencies having cost-reimbursement type contracts with 
contractors who purchase electric or telephone service from cooperatives 
shall include in their contracts arrangements for handling capital 
credits. The applicable portion of any capital credit retirement 
relating to any allowable cost received by or accruing to a cost-
reimbursement type contractor shall be credited to the Government either 
as a cost reduction or by cash refund, as appropriate. (See Sec. 1-
15.201-5.)



Sec. 101-33.306  Other provisions.

    (a) Capital credits shall not be waived by contract or in any other 
way.
    (b) The right to any capital credit is not lost by reason of 
subsequent discontinuance of service.

Subparts 101-33.4--101-33.48  [Reserved]

Subpart 101-33.49--Forms and Reports  [Reserved]

                         PART 101-34  [RESERVED]

       Appendix to Subchapter E--Temporary Regulations  [Reserved]

[[Page 323]]





    SUBCHAPTER F--MANAGEMENT AND USE OF TELECOMMUNICATIONS RESOURCES



    Effective Date Note: At 61 FR 41003, Aug. 7, 1996, subchapter F, 
consisting of part 101-35, was added, effective Aug. 8, 1996 through 
Aug. 8, 1998. At 63 FR 27682, May 20, 1998, the effective date was 
extended through Aug. 8, 1999. At 64 FR 38588, July 19, 1999, the 
effective date was further extended through Aug. 8, 2000. At 65 FR 
48393, Aug. 8, 2000, the effective date was further extended through 
Aug. 8, 2001.



PART 101-35--TELECOMMUNICATIONS MANAGEMENT POLICY--Table of Contents




                  Subpart 101-35.0--General Provisions

Sec.
101-35.0  Scope of part.
101-35.1--101-35.4  [Reserved]
101-35.5  Definitions.

          Subpart 101-35.1--Use of Government Telephone Systems

101-35.100  Scope of subpart.

  Subpart 101-35.2--Authorized Use of Long Distance Telephone Services

101-35.200  Scope of subpart.
101-35.201  Authorized use of long distance telephone services.
101-35.202  Collection for unauthorized use.

        Subpart 101-35.3--The Mandatory FTS Long Distance Network

101-35.300  Scope of subpart.
101-35.301  The mandatory FTS long distance network.
101-35.301-1  General.
101-35.301-2  Policies.
101-35.301-3  Procedures.

     Subpart 101-35.4--Consolidated Local Telecommunications Service

101-35.400  Scope of subpart.
101-35.401  General.
101-35.402  Policies.

  Subpart 101-35.5--National Security and Emergency Preparedness (NSEP)

101-35.500  Scope of subpart.
101-35.501  General.
101-35.502  Policy.
101-35.503  Procedures.

 Subpart 101-35.6--Delegation of GSA's Multiyear Contracting Authority 
                    for Telecommunications Resources

101-35.600  Scope of subpart.
101-35.601  General.

             Subpart 101-35.7--Network Address Registration

101-35.705  What does this subpart contain?
101-35.710  What registration services are available through GSA?
101-35.715  Who should I contact for more information or to register?
101-35.720  Is there a fee for these services?
101-35.725  How and where do I pay these fees?

    Authority: 40 U.S.C. 486(c) and 1424(b). Subpart 101-35.7 also 
issued under authority of 31 U.S.C. 9701.

    Source: 61 FR 41003, Aug. 7, 1996, unless otherwise noted.



                  Subpart 101-35.0--General Provisions



Sec. 101-35.0  Scope of part.

    This part prescribes policies and procedures about 
telecommunications resources.



Secs. 101-35.1--101-35.4  [Reserved]



Sec. 101-35.5  Definitions.

    Consolidated local telecommunication service means local 
telecommunications service to all Federal agencies located in a 
building, complex, or geographical area.
    Executive agency means any executive department or independent 
establishment in the executive branch of the Government, including any 
wholly owned Government corporation (see 40 U.S.C. 472(a)).
    Federal Telecommunications System (FTS) means the umbrella of local 
and long distance telecommunications services, including FTS2000 long 
distance telecommunications services, provided, operated, managed, or 
maintained by GSA for the common use of all Federal agencies and other 
authorized users.

[[Page 324]]

    Interoperability means the ability of telecommunications resources 
to provide services to and accept services from other telecommunications 
resources and to use the services so exchanged to enable them to operate 
effectively together.
    Long distance telephone service means any service or facility 
purchased with Government funds for completing telephone calls outside 
of the local service area.
    National security and emergency preparedness (NSEP) means those 
physical, technical, and administrative characteristics of 
telecommunications systems that will ensure a prescribed level of 
survivability in times of national or other emergency mission needs of 
the Government entities that use them.



          Subpart 101-35.1--Use of Government Telephone Systems



Sec. 101-35.100  Scope of subpart.

    This subpart discusses the policies and procedures for using long 
distance telephone service.



  Subpart 101-35.2--Authorized Use of Long Distance Telephone Services



Sec. 101-35.200  Scope of subpart.

    This subpart discusses authorized use of telephone systems and 
facilities provided, paid for, or reimbursed by the Federal Government.



Sec. 101-35.201  Authorized use of long distance telephone services.

    (a) Scope. This section describes policies and procedures for the 
use of Government-provided and commercial long distance telephone 
service paid for by the Government.
    (b) General. Agencies should be familiar with the Office of 
Management and Budget (OMB) ``Guidance on the Privacy Act Implications 
of Call Detail Programs to Manage Employees' Use of the Government's 
Telecommunications Systems'' (52 FR 12990, April 20, 1987).
    (c) Policy. (1) Telephone calls placed over Government-provided and 
commercial long distance systems that will be paid for or reimbursed by 
the Government, shall be used to conduct official business only.
    (2) To the maximum extent practicable, Federal employees shall place 
calls on Government-provided long distance telephone systems and 
services instead of using commercial toll services.
    (3) In accordance with 5 CFR 2635.704, the following practices are 
prohibited and a willful violation may result in criminal, civil, or 
administrative action, including suspension or dismissal:
    (i) Use of any Government system or service, or any other telephone 
service, where the Government pays the cost of the long distance call, 
for other than official business, except emergency calls and calls the 
agency determines are necessary in the interest of the Government.
    (ii) Making an unauthorized long distance telephone call with the 
intent to later reimburse the Government.
    (iii) Unauthorized use of telephone call detail data.
    (d) Procedures. Official business calls may include emergency calls 
and other calls the agency determines are necessary in the interest of 
the Government.
    (1) Telephone calls may properly be authorized when they--
    (i) Do not adversely affect the performance of official duties by 
the employee or the employee's organization;
    (ii) Are of reasonable duration and frequency; and
    (iii) Could not reasonably have been made at another time; or
    (iv) Are provided for in a collective bargaining agreement that is 
consistent with this part.
    (2) Personal long distance calls that must be made during working 
hours may be made over the commercial long distance network if 
consistent with the criteria in paragraph (d)(1) of this section and 
are:
    (i) Charged to the employee's home phone number or other non-
Government number (third-number call);
    (ii) Made to an 800 toll-free number;
    (iii) Charged to the called party if a non-Government number 
(collect call); or
    (iv) Charged to a personal telephone credit card.

[[Page 325]]

    (3) Agencies shall issue directives on using telephone facilities 
and services. Agencies' contractor-operated facilities shall be covered 
by these directives. The directives may provide further definition of 
calls necessary in the interest of the Government and shall include 
procedures for collection and reimbursement for unauthorized calls.



Sec. 101-35.202  Collection for unauthorized use.

    (a) Agencies shall collect for any unauthorized calls if it is cost-
effective to do so. Reimbursing the Government for unauthorized calls 
does not exempt an employee from appropriate administrative, civil, or 
criminal action.
    (b) Agency collections shall include--
    (1) The value of the call, computed on the basis of commercial long 
distance rates rounded to the nearest dollar; and
    (2) An additional amount rounded to the nearest dollar to cover the 
administrative costs of determining that the call was unauthorized and 
processing the collection.



        Subpart 101-35.3--The Mandatory FTS Long Distance Network



Sec. 101-35.300  Scope of subpart.

    This subpart describes the GSA FTS program and contracts that are 
mandatory-for-use by agencies.



Sec. 101-35.301  The mandatory FTS long distance network.



Sec. 101-35.301-1  General.

    (a) In accordance with section 629 of Public Law 104-52, (109 Stat. 
468, 504, November 19, 1995), executive agencies must use the FTS long 
distance network.
    (b) GSA will grant exceptions to the use of the FTS long distance 
network when:
    (1) The agency's procurement requirements are unique and cannot be 
satisfied by the FTS long distance network; and
    (2) The agency procurement would be cost-effective and would not 
adversely affect the cost-effectiveness of the FTS long distance 
network.
    (c) The FTS long distance network provides Federal agencies modern 
up-to-date intercity telecommunications services over the life of the 
program. GSA will enhance existing services and add features to the FTS 
long distance network to maintain technologically current services and 
to improve services to user agencies. GSA will make service improvements 
in accordance with agencies' needs, contract provisions, governing 
regulations and statutes.
    (d) As used in this FPMR, the terms intercity and long distance have 
the same meaning.



Sec. 101-35.301-2  Policies.

    (a) Executive agencies shall use the FTS long distance network to 
satisfy intercity telecommunications requirements within the United 
States, Guam, Puerto Rico, or the Virgin Islands for requirements which 
are within the scope of the FTS long distance network voice, data, and 
video services as such services become available unless:
    (1) The agency requests and obtains from GSA an exception to the use 
of the FTS long distance network based on a GSA determination that:
    (i) The agency's procurement requirements are unique and cannot be 
satisfied by the FTS long distance network; and
    (ii) The agency procurement would be cost-effective and would not 
adversely affect the cost-effectiveness of the FTS long distance 
network;
    (2) The agency requests and obtains from GSA an interim exception to 
the use of the FTS long distance network based on an established date 
for transition to the FTS long distance network; or
    (3) An exception to the use of the FTS long distance network for the 
agency is otherwise provided by law.
    (b) Unless any of the exceptions listed in paragraph (a) of this 
section apply to the procurement, and when overall procurement 
requirements include any agency long distance telecommunications 
requirements which are within the scope of FTS services, executive 
agencies shall require offerors in new awards to satisfy those 
requirements by using the Government furnished services of the FTS long 
distance network as such services become available.

[[Page 326]]

    (c) For ease of determining and evaluating Government costs, 
executive agencies also shall require offerors to unbundle FTS long 
distance services in their offers by separately describing and pricing 
the FTS services that satisfy Government requirements. However, the 
agency solicitation may prescribe an expected solution for the use of 
the FTS long distance network. Offerors would then be required to 
separately price the Government-furnished services of FTS only if their 
offers show a different use of FTS than the Government's expected 
solution.
    (d) Notwithstanding paragraphs (a) and (b) of this section, agencies 
may continue to use intercity telecommunications services and facilities 
provided under contracts previously authorized and awarded without 
obtaining an exception to the use of the FTS long distance network. 
However, agencies shall use available FTS long distance services that 
can satisfy their procurement requirements upon expiration of such 
contracts. Before exercising renewal options under existing contracts 
that will result in the provision of intercity telecommunications 
services, agencies shall obtain an interim exception to the use of the 
FTS long distance network. This interim exception will allow GSA and the 
agencies to plan an orderly transition to the FTS long distance network.
    (e) In planning for transition to the FTS long distance network, 
agencies shall be responsible for determining customer premises 
equipment requirements to achieve efficient interfaces with the type of 
FTS services needed. However, agencies shall avoid duplicating FTS 
services. Agencies shall avoid incorporating inherently intercity 
features (i.e., features that can be provided only as part of an 
intercity network) of the FTS long distance network in agency networks. 
An exception to the use of the FTS long distance network is hereby 
provided to agencies with requirements for non-inherently intercity 
features to satisfy such features within a local network.



Sec. 101-35.301-3  Procedures.

    (a) GSA will provide assistance in understanding and pricing the 
services available from the FTS long distance network and in developing 
plans for transition to the FTS long distance network. For assistance 
and information concerning the FTS network, agencies should contact the 
General Services Administration, Federal Telecommunications Service (T), 
7980 Boeing Court, 4th Floor, Vienna VA, 22182-3988.
    (b) Agencies seeking an exception to the use of the FTS long 
distance network are responsible for documenting their case. A complete 
agency request for an exception to the use of the FTS long distance 
network shall establish to the satisfaction of GSA that:
    (1) The agency's procurement requirements are unique and cannot be 
satisfied by the FTS long distance network;
    (2) The agency's procurement would be cost-effective; and
    (3) The agency's procurement would not adversely affect the cost-
effectiveness of the FTS long distance network. (The rebuttable 
presumption is that, if an agency procurement requirement is unique and 
the resultant procurement would be cost-effective, the agency 
procurement would not adversely affect the cost-effectiveness of the FTS 
long distance network.)
    (c) An agency request for an interim exception to the use of the FTS 
long distance network shall be based on a GSA established date for 
transition of agency requirements to the FTS long distance network.
    (d) Any agency exception request shall be sent to the General 
Services Administration/Federal Telecommunications Service (T).
    (e) Agencies may conduct procurements for long distance 
telecommunications services and facilities without prior approval of GSA 
when the agency's requirements are within the scope of an exception to 
the use of the FTS long distance network provided by GSA.
    (f) An agency may appeal a GSA denial of a request for an exception 
to the Office of Management and Budget (OMB).
    (g) If an agency has a requirement for long distance 
telecommunications within the United States, Guam, Puerto Rico, or the 
Virgin Islands that may

[[Page 327]]

be outside the scope of FTS, the requirement shall be submitted to GSA/T 
prior to initiating acquisition action. An exception to the mandatory 
use of the FTS long distance network will be given if GSA determines the 
service cannot be provided by the FTS.



     Subpart 101-35.4--Consolidated Local Telecommunications Service



Sec. 101-35.400  Scope of subpart.

    This subpart discusses local telecommunications facilities and 
services provided to executive agencies by GSA and other agencies.



Sec. 101-35.401  General.

    Consolidated local telecommunications service is available in most 
buildings occupied by concentrations of Federal employees. Local 
telecommunications includes any access services which provide, for a 
monthly fee, electronic connectivity to a larger telecommunications 
network and those support services which provide for the acquisition, 
operation and management of attached systems. Information on the use of 
consolidated local telecommunications services may be obtained from: 
GSA, Federal Telecommunications Service, Office of Regional Services 
(TR), 1730 M Street, NW., Suite 200, Washington, DC 20036.



Sec. 101-35.402  Policies.

    (a) All executive agencies shall evaluate sharing Government owned 
or contracted local telecommunications facilities and services. 
Evaluation criteria and associated decisions must be documented as 
appropriate.
    (b) Executive agencies receiving local telecommunications services 
from another agency, e.g., a GSA consolidated switch, must acknowledge 
their shared responsibility to that community of agencies in exchange 
for those services. Such a community shall be considered a 
telecommunications ``Shared Resource Community.'' The agency primarily 
responsible for providing telecommunications service(s) to members of 
this community shall be the ``Lead Agency.'' Lead agencies must 
acknowledge their responsibility(s) to provide services until an 
alternative arrangement has been coordinated with the community. 
Different agencies may take the lead in providing different services. 
Memoranda of Agreement will identify responsibilities and cost-recovery 
mechanisms.
    (c) GSA charges to agencies for consolidated local 
telecommunications service will cover expenses for installation, changes 
in service, a common distributable charge, and termination.



  Subpart 101-35.5--National Security and Emergency Preparedness (NSEP)



Sec. 101-35.500  Scope of subpart.

    This subpart discusses NSEP services and assistance provided by GSA 
to executive agencies.



Sec. 101-35.501  General.

    Executive Order 12472 (49 FR 13471, 3 CFR, 1984 Comp., p. 193), 
requires that GSA ensure that the NSEP requirements of agencies are met. 
GSA incorporates NSEP safeguards and support features in networks and 
services it provides for agencies. GSA also provides emergency 
telecommunications for the special needs of agencies and helps agencies 
plan, obtain, and maintain continuity of telecommunications during 
wartime and non-wartime emergencies.



Sec. 101-35.502  Policy.

    Agencies shall use available GSA telecommunications systems and 
services to meet their NSEP requirements.



Sec. 101-35.503  Procedures.

    Before acquiring services or facilities to meet special NSEP 
requirements, agencies shall review GSA-provided services. Agencies 
shall coordinate their special NSEP requirements with: General Services 
Administration, Federal Telecommunications Service, Office of Service 
Delivery, NSEP Center (TOS), 18th & F Streets, NW., Washington, DC 
20405.

[[Page 328]]



 Subpart 101-35.6--Delegation of GSA's Multiyear Contracting Authority 
                    for Telecommunications Resources



Sec. 101-35.600  Scope of subpart.

    This subpart discusses the delegation of GSA's multiyear contracting 
authority to executive agencies.



Sec. 101-35.601  General.

    Executive agencies are authorized to enter into multiyear contracts 
for telecommunications resources subject to the following conditions:
    (a) The agency shall notify GSA/T prior to using GSA's multiyear 
contracting authority.
    (b) The contract life including options, shall not exceed 10 years.
    (c) Agencies shall comply with OMB budget and accounting procedures 
relating to appropriated funds.



             Subpart 101-35.7--Network Address Registration

    Source: 64 FR 32198, June 16, 1999, unless otherwise noted.



Sec. 101-35.705  What does this subpart contain?

    This subpart addresses registration services provided by GSA to 
Government agencies and the public.



Sec. 101-35.710  What registration services are available through GSA?

    (a) The National Institute of Standards and Technology (NIST), 
Department of Commerce, has designated GSA as the Government Open 
Systems Interconnection Profile (GOSIP) Address Registration Authority 
for unique naming assignments of X.400 Private Management Domains 
(PRMD), X.500 Organizational Units (OU), and Network Service Access 
Point (NSAP) Administrative Authority Identifiers (AAI). GOSIP 
registration is limited to Government agencies, with the exception of 
NSAP AAIs, which may be used by commercial organizations to identify 
private asynchronous transfer mode (ATM) networks.
    (b) For purposes of global interoperability, GSA will operate an 
X.500/LDAP Directory Service at the ``C=US'' level and at the ``O=U.S. 
Government'' level. Federal agencies may link operational directories to 
the ``O=U.S. Government'' level and commercial organizations may link to 
the ``C=US'' level in accordance with the fees set forth in Sec. 101-
35.704.
    (c) The National Science Foundation (NSF) has delegated to GSA the 
authority to manage and administer the .GOV Internet domain. GSA 
provides second-level domain registrations in the GOV domain (e.g., 
Agency>.gov). Similarly, GSA provides third-level domain registrations 
in the ``fed.us'' domain under authority of the Internet Assigned 
Numbers Authority (IANA). Internet registration services are limited to 
Federal, State, and local Government organizations. GSA is not 
responsible for and will not charge fees for any further delegation of a 
domain name assigned to an agency. For example, the U.S. Department of 
the Treasury has registered ``ustreas.gov,'' but registrations such as 
``irs.ustreas.gov'' would be the responsibility of the domain manager 
for Treasury.



Sec. 101-35.715  Who should I contact for more information or to register?

    Individuals or organizations that want to register or would like 
more information should contact the registration officials at GSA by 
sending an e-mail message to registration@fed.gov or by using the Web 
site at http://www.nic.gov.



Sec. 101-35.720  Is there a fee for these services?

    GSA will assess Government agencies and commercial organizations 
nominal fees to cover the cost of registration and other services as 
listed in the table in this section. The fees are based on anticipated 
costs for providing the services and are consistent with industry 
charges. The table follows:

------------------------------------------------------------------------
                                                               Recurring
                      Service                         Setup     (annual)
------------------------------------------------------------------------
(a) Network Naming and Address Registration         $1,000.00    $500.00
 (GOSIP)..........................................
(b) Governmentwide Directory Operation (X.500/       1,000.00     500.00
 LDAP)............................................
(c) Internet Domain Name Registration.............     250.00      50.00
------------------------------------------------------------------------



[[Page 329]]

    Note to Sec. 101-35.720: Setup fees may be waived at the discretion 
of GSA. When levied, setup fees include the annual fee for 1 year.



Sec. 101-35.725  How and where do I pay these fees?

    GSA will invoice registrants according to the fee schedule in 
Sec. 101-35.720. Government registrations must be paid by Government 
credit card. Commercial organizations are encouraged to pay by credit 
card. All other payments should be made to: GSA Registration Services, 
1800 F Street, NW., Suite G-222, Washington, DC 20405.

[[Page 330]]





       SUBCHAPTER G--AVIATION, TRANSPORTATION, AND MOTOR VEHICLES





PART 101-37--GOVERNMENT AVIATION ADMINISTRATION AND COORDINATION--Table of Contents




Sec.
101-37.000  Scope of part.

                      Subpart 101-37.1--Definitions

101-37.100  Definitions.

             Subpart 101-37.2--Accounting for Aircraft Costs

101-37.200  General.
101-37.201  Standard aircraft program cost elements.
101-37.202  Policy.
101-37.203  [Reserved]
101-37.204  Operations cost recovery methods.
101-37.205  Aircraft program cost effectiveness.

   Subpart 101-37.3--Cost Comparisons for Acquiring and Using Aircraft

101-37.300  General.
101-37.301  Applicability.
101-37.302--101-37.303  [Reserved]
101-37.304  Variable cost rate.
101-37.305  Acquistion and management.

    Subpart 101-37.4--Use of Government-Owned and -Operated Aircraft

101-37.400  General.
101-37.401  [Reserved]
101-37.402  Policy.
101-37.403  Reimbursement for the use of Government aircraft.
101-37.404  Approving the use of Government aircraft for transportation 
          of passengers.
101-37.405  Approving travel on Government aircraft.
101-37.406  Justification of the use of Government aircraft for 
          transportation of passengers.
101-37.407  Documentation.
101-37.408  Reporting travel by senior Federal officials.

         Subpart 101-37.5--Management Information Systems (MIS)

101-37.500  General.
101-37.501  [Reserved]
101-37.502  GSA MIS responsibilities.
101-37.503  Reporting responsibilities.
101-37.504  Reports.
101-37.505  Aircraft used for sensitive missions.
101-37.506  Reporting requirements for law enforcement, national 
          defense, or interdiction mission aircraft.

 Subpart 101-37.6--Management, Use, and Disposal of Government Aircraft 
                                  Parts

101-37.600  What does this subpart do?
101-37.601  What responsibilities does the owning/operating agency have 
          in the management and use of Government aircraft parts?
101-37.602  Are there special requirements in the management, use, and 
          disposal of military Flight Safety Critical Aircraft Parts 
          (FSCAP)?
101-37.603  What are the owning/operating agency's responsibilities in 
          reporting excess Government aircraft parts?
101-37.604  What are the procedures for transferring and donating excess 
          and surplus Government aircraft parts?
101-37.605  What are the receiving agency's responsibilities in the 
          transfer and donation of excess and surplus Government 
          aircraft parts?
101-37.606  What are the GSA approving official's responsibilities in 
          transferring and donating excess and surplus Government 
          aircraft parts?
101-37.607  What are the State Agency's responsibilities in the donation 
          of surplus Government aircraft parts?
101-37.608  What are the responsibilities of the Federal agency 
          conducting the sale of Government aircraft parts?
101-37.609  What are the procedures for mutilating unsalvageable 
          aircraft parts?
101-37.610  Are there special procedures for the exchange/sale of 
          Government aircraft parts?

Subparts 101-37.7--101-37.10 [Reserved]

    Subpart 101-37.11--Aircraft Accident and Incident Reporting and 
                              Investigation

101-37.1100  What are my general responsibilities for aircraft accident 
          and incident reporting and investigation?
101-37.1101  What aircraft accident and incident response planning must 
          I do?
101-37.1102  When must I give initial notification of an aircraft 
          accident, incident, or overdue aircraft?
101-37.1103  What information must I give in an initial notification of 
          an aircraft accident, incident, or overdue aircraft?
101-37.1104  What are my responsibilities for preserving aircraft 
          wreckage, cargo,

[[Page 331]]

          mail, and records resulting from aircraft accidents and 
          incidents?
101-37.1105  What must I report regarding an aircraft accident, 
          incident, or overdue aircraft?
101-37.1106  What must I do when the NTSB investigates an accident or 
          incident involving my aircraft?
101-37.1107  What must I do if I observe a condition, act, maintenance 
          problem, or circumstance that has the potential to cause an 
          aviation related mishap?
101-37.1108  Why is it important that I be provided aircraft accident/
          incident related guidance in the form of this subpart, in 
          addition to that found in 49 CFR parts 830 and 831?
101-37.1109  What training must I have to participate in an NTSB 
          investigation?

       Subparts 101-37.12--Federal Agency Aviation Safety Program

101-37.1200  General.
101-37.1201  Applicability.
101-37.1202  Agency aviation safety responsibilities.
101-37.1203  Aviation safety manager qualifications.
101-37.1204  Program responsibilities.
101-37.1205  Program elements.
101-37.1206  Aviation safety council.
101-37.1207  Inspections and evaluations.
101-37.1208  Hazard reporting.
101-37.1209  Aircraft accident and incident investigation and reporting.
101-37.1210  Education and training.
101-37.1211  Aviation protective equipment.
101-37.1212  Aircrew qualification and certification.
101-37.1213  Aircraft accident and incident database.
101-37.1214  Aviation safety awards program.

Subpart 101-37.13  [Reserved]

                        Subpart 101-37.14--Forms

101-37.1400  General.
101-37.1401  GSA forms availability.

    Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); the Budget 
and Accounting Act of 1921, as amended; the Budget and Accounting 
Procedures Act of 1950, as amended; Reorganization Plan No. 2 of 1970; 
Executive Order 11541; and OMB Circular No. A-126 (Revised May 22, 
1992).

    Source: 56 FR 5356, Feb. 11, 1991, unless otherwise noted.



Sec. 101-37.000  Scope of part.

    (a) The provisions of this part prescribe policies and procedures 
and make recommendations for executive agencies governing the efficient 
and effective management and utilization of Government-owned, leased, 
chartered and rented aircraft and related support services.
    (b) Agencies are responsible for establishing clear accountability 
for aircraft management at a senior management level.

[57 FR 48329, Oct. 23, 1992]



                      Subpart 101-37.1--Definitions



Sec. 101-37.100  Definitions.

    In part 101-37, the following definitions apply:
    Acquisition date means the date the agency acquired the asset.
    Acquisition value means the value initially recorded on agency 
property records and/or accounting records at the time of acquisition. 
If the aircraft is acquired through an interagency transfer, the 
acquisition value is the greater of the aircraft net book value plus the 
cost of returning the aircraft to an airworthy, mission ready condition 
or the commercial retail value of that aircraft in average condition. If 
it is a military aircraft without a commercial equivalent, the 
acquisition value is equal to the scrap value plus the cost of returning 
the aircraft to an airworthy, mission ready condition.
    Actual cost means all costs associated with the use and operation of 
an aircraft as specified in Sec. 101-37.406(b).
    Agency aircraft means an aircraft, excluding aircraft owned by the 
Armed Forces, which is: (1) owned and operated by any executive agency 
or entity thereof, or (2) exclusively leased, chartered, rented, bailed, 
contracted and operated by an executive agency.
    Aircraft accident means an occurrence associated with the operation 
of an aircraft which takes place between the time any person boards the 
aircraft with the intention of flight and all such persons have 
disembarked, and in which any person suffers death or serious injury, or 
in which the aircraft received substantial damage.
    Aircraft part means any part, component, system, or assembly 
primarily designated for aircraft.
    Bailed aircraft means any aircraft borrowed by a department or 
agency from the Department of Defense (DOD),

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State or local government, or other non-Federal entity.
    Capital asset means any tangible property, including durable goods, 
equipment, buildings, facilities, installations, or land, which:
    (1) Is leased to the Federal Government for a term of 5 or more 
years; or
    (2) In the case of a new asset with an economic life of less than 5 
years, is leased to the Federal Government for a term of 75 percent or 
more of the economic life of the asset; or
    (3) Is built for the express purpose of being leased to the Federal 
Government; or
    (4) Clearly has no alternative commercial use; e.g., special-purpose 
Government installation.
    Charter aircraft means a one time procurement for aviation resources 
and associated services.
    Civil aircraft means any aircraft other than a public aircraft.
    Contract aircraft means aircraft procured for an agency's exclusive 
use for a specified period of time in accordance with the requirements 
of the Federal Acquisition Regulation (FAR) 48 CFR Chapter 1 or other 
applicable procurement regulations.
    Criticality Code is the one-digit code assigned by Department of 
Defense to designate an aircraft part as a Flight Safety Critical 
Aircraft Part (FSCAP).
    Deep cover aircraft means an agency aircraft that is utilized to 
gather information for law enforcement purposes. This aircraft does not 
display any agency markings. Although the registration filed with the 
Federal Aviation Administration (FAA) may indicate ownership by persons 
other than the owning or using agency, actual ownership will be 
maintained by the owning Federal agency.
    Fatal injury means any injury which results in death within 30 days 
of the accident.
    Fixed costs means the costs of operating aircraft that result from 
owning and supporting the aircraft and do not vary according to aircraft 
usage. For specific fixed aircraft program cost information, see 
Sec. 101-37.201(b).
    Flight Safety Critical Aircraft Part (FSCAP) means any aircraft 
part, assembly, or installation containing a critical characteristic 
whose failure, malfunction, or absence could cause a catastrophic 
failure resulting in loss or serious damage to the aircraft or an 
uncommanded engine shut-down resulting in an unsafe condition.
    Forfeited aircraft means an aircraft acquired by the Government 
either by summary process or by order of a court of competent 
jurisdiction pursuant to any law of the United States.
    Full coach fare means a coach fare available to the general public 
between the day that the travel was planned and the day the travel 
occurred.
    Government aircraft means any aircraft owned, leased, chartered or 
rented and operated by an executive agency.
    Head of executive agency means the head of a Department, agency, 
bureau, or independent establishment in the executive branch, including 
any wholly owned Government corporation, or an official designated in 
writing to act on his or her behalf.
    Incident means an occurrence other than an accident, associated with 
the operation of an aircraft, which affects or could affect the safety 
of operations.
    Intelligence agencies refers to the following agencies or 
organizations within the intelligence community:
    (1) Central Intelligence Agency;
    (2) National Security Agency;
    (3) Defense Intelligence Agency;
    (4) Offices with the Department of Defense for the collection of 
specialized national foreign intelligence through reconnaissance 
programs;
    (5) The Bureau of Intelligence and Research of the Department of 
State;
    (6) Intelligence elements of the Army, Navy, Air Force, Marine 
Corps, Federal Bureau of Investigation, Drug Enforcement Administration, 
Department of the Treasury, and Department of Energy; and
    (7) The staff elements of the Director of Central Intelligence.
    Investigator-in-charge means the investigator who organizes, 
conducts, and controls the field phase of the investigation. This 
investigator shall assume responsibility for the supervision and 
coordination of all resources and of the activities of all personnel 
involved in the on-site investigation.

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    Lease purchase aircraft means a leased aircraft for which the 
Government holds an option to purchase.
    Leased aircraft means an aircraft that the Government has a 
contractual right to use for a specific period of time.
    Loaned aircraft means an aircraft owned by a Department or 
independent office which is on loan to a State, cooperator, or other 
entity.
    Military surplus aircraft part is an aircraft part that has been 
released as surplus by the military, even if subsequently resold by 
manufacturers, owner/operators, repair facilities, or any other parts 
supplier.
    Mission requirements mean activities that constitute the discharge 
of an agency's official responsibilities. Such activities include, but 
are not limited to, the transport of troops and/or equipment, training, 
evacuation (including medical evacuation), intelligence and counter-
narcotics activities, search and rescue, transportation of prisoners, 
use of defense attache-controlled aircraft, aeronautical research and 
space and science applications, and other such activities. Mission 
requirements do not include official travel to give speeches, to attend 
conferences or meetings, or to make routine site visits. Routine site 
visits are customary or regular travel to a location for official 
purposes.
    Net book value means the acquisition value plus the cost of capital 
improvements minus accumulated depreciation.
    Non-operational aircraft means an owned, leased, lease purchased, or 
bailed aircraft that cannot be flown or operated by the owning or using 
agency for an extended period (6 months or more).
    Official travel means travel for the purpose of mission 
requirements, required use travel, and other travel for the conduct of 
agency business.
    Operational aircraft means an owned, leased, lease purchased, or 
bailed aircraft that is flown and operated or capable of being flown and 
operated by the owning or using agency.
    Operator means any person who causes or authorizes the operation of 
an aircraft, such as the owner, lessee, or bailee of an aircraft.
    Owned aircraft means aircraft registered to a Department or an 
independent agency in conformity with the regulations of the Federal 
Aviation Administration of the Department of Transportation (14 CFR 
Chapter 1, Part 47) or in conformity with appropriate military 
regulations.
    Owning agency means any executive agency, including any wholly owned 
Government corporation, having accountability for owned aircraft. This 
term applies when an executive agency has authority to take possession 
of, assign, or reassign the aircraft regardless of which agency is the 
using agency.
    Production approval holder is the holder of a Federal Aviation 
Administration Production Certificate (PC), Approved Production 
Inspection System (APIS), Parts Manufacturer Approval (PMA), or 
Technical Standard Order (TSO) who controls the design and quality of a 
product or part thereof, in accordance with Part 21 of the Federal 
Aviation Regulations (14 CFR 21.305).
    Reasonably available means commercial airline or aircraft (including 
charter) is able to meet the traveler's departure and/or arrival 
requirements within a 24-hour period (unless the traveler demonstrates 
that extraordinary circumstances require a shorter period of time).
    Rental aircraft means aviation resources or services procured 
through a standing ordering agreement which is a written instrument of 
understanding, negotiated between an agency, contracting activity, or 
contracting office and contractor that contains: (1) terms and clauses 
applying to future contracts (orders) between parties during its term, 
(2) a description, as specific as practicable, of supplies or services 
to be provided, and (3) methods for pricing, issuing, and delivering 
future orders.
    Replacement means the process of acquiring property specifically to 
be used in place of property which is still needed but will no longer 
adequately perform all the tasks for which it was used.
    Required use means use of a Government aircraft for the travel of an 
executive agency officer or employee to meet bona fide communications or 
security requirements of the agency or

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exceptional scheduling requirements. An example of a bona fide 
communications requirement is having to maintain continuous 24-hour 
secure communications with the traveler. Bona fide security requirements 
include, but are not limited to, life threatening circumstances. 
Exceptional scheduling requirements include emergencies and other 
operational considerations which make commercial transportation 
unacceptable.
    Residual value means the estimated value of an asset at the 
conclusion of its useful life, net of disposal costs. It is the dollar 
value below which the asset will not be depreciated. Residual value is 
established at the time of acquisition.
    Seized aircraft means an aircraft that has been confiscated by the 
Federal Government either by summary process or by order of a court of 
competent jurisdiction pursuant to any law of the United States and 
whose care and custody will be the responsibility of the Federal 
Government until final ownership is determined by judicial process.
    Senior executive branch official means civilian officials appointed 
by the President with the advice and consent of the Senate and civilian 
employees of the Executive Office of the President (EOP).
    Senior Federal official means a person:
    (1) Employed at a rate of pay specified in, or fixed according to, 
subchapter II of chapter 53 of title 5 of the United States Code;
    (2) Employed in a position in an executive agency, including any 
independent agency, at a rate of pay payable for level I of the 
Executive Schedule or employed in the Executive Office of the President 
at a rate of pay payable for level II of the Executive Schedule;
    (3) Employed in an executive agency position that is not referred to 
in paragraph (1) of this definition, (other than a position that is 
subject to pay adjustment under 37 U.S.C. 1009) and for which the basic 
rate of pay, exclusive of any locality-based pay adjustment under 5 
U.S.C. 5304 (or any comparable adjustment pursuant to interim authority 
of the President), is equal to or greater than the rate of the basic pay 
payable for the Senior Executive Service under 5 U.S.C. 5382; or
    (4) Appointed by the President to a position under 3 U.S.C. 
105(a)(2) (A), (B), or (C) or by the Vice President to a position under 
3 U.S.C. 106(a)(1) (A), (B), or (C). Generally, a senior Federal 
official is employed by the White House or an executive agency, 
including an independent agency, at a rate of pay equal to or greater 
than the minimum rate of basic pay for the Senior Executive Service. The 
term senior Federal official does not include an active duty military 
officer.
    Serious injury means any injury which: Requires hospitalization for 
more than 48 hours, commencing within 7 days from the date the injury 
was received: results in a fracture of any bone (except simple fractures 
of fingers, toes, or nose); causes severe hemorrhages, nerve, muscle, or 
tendon damage; involves any internal organ; or involves second- or 
third-degree burns, or any burns affecting more than 5 percent of the 
body surface.
    Space available means travel using aircraft capacity, that is 
already scheduled for use for an official purpose, that would otherwise 
be unutilized. For the purposes of this part, space available travel is 
travel other than for the conduct of agency business.
    Substantial damage means damage or failure which adversely affects 
the structural strength, performance, or flight charactersistics of the 
aircraft, and which would normally require major repair or replacement 
of the affected component. Engine failure or damage limited to an engine 
if only one engine fails or is damaged, bent fairings or cowling, dented 
skin, small puncture holes in the skin or fabric, ground damage to rotor 
or propeller blades, and damage to landing gear, wheels, tires, flaps, 
engine accessories, brakes or wing tips are not considered ``substantial 
damage.''
    Support service agreement means a preestablished agreement with a 
commercial vendor for specific aviation services.
    Undercover aircraft means an owned, leased, lease purchased, or 
bailed aircraft that is utilized to gather information for law 
enforcement purposes. An

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undercover aircraft does not display agency markings but is registered 
with the FAA to the owning agency.
    Unsalvageable aircraft part is an aircraft part which cannot be 
restored to an airworthy condition due to its age, physical condition, a 
non-repairable defect, insufficient documentation, or non-conformance 
with applicable specifications. For additional information on 
disposition of such parts refer to FAA Advisory Circular No. 21-38, or 
other current applicable guidelines.
    Useful life means the service life, in years, of the aircraft as 
estimated by the manufacturer or evidenced by historical performance. 
The useful life is established at the time of acquisition.
    Using agency means an executive agency using aircraft for which it 
does not maintain ownership. This term applies when an agency obtains 
aircraft from any other executive agency on a temporary basis.
    Variable costs means the costs of operating aircraft that vary 
depending on how much the aircraft are used. For specific variable 
aircraft program cost information see Sec. 101-37.201(a).

[60 FR 3548, Jan. 18, 1995, as amended at 62 FR 43472, Aug. 14, 1997]



             Subpart 101-37.2--Accounting for Aircraft Costs

    Source: 60 FR 3550, Jan. 18, 1995, unless otherwise noted.



Sec. 101-37.200  General.

    The provisions of this subpart prescribe policies and procedures for 
accounting for aircraft costs. This subpart also prescribes provisions 
and procedures contained in OMB Circulars A-76 and A-126.



Sec. 101-37.201  Standard aircraft program cost elements.

    The following cost elements will be used for the establishment of 
cost accounting systems and for reporting Government-owned and operated 
aircraft cost and utilization data to the Federal Aviation Management 
Information System (FAMIS) on GSA Form 3552.
    (a) Variable costs. The variable costs of operating aircraft are 
those costs that vary depending on how much the aircraft are used. The 
specific variable cost elements include:
    (1) Crew costs. The crew costs which vary according to aircraft 
usage consist of travel expenses, particularly reimbursement of 
subsistence (i.e., per diem and miscellaneous expenses), overtime 
charges, and wages of crew members hired on an hourly or part-time 
basis.
    (2) Maintenance costs. Unscheduled maintenance and maintenance 
scheduled on the basis of flying time vary with aircraft usage and, 
therefore, the associated costs are considered variable costs. In 
addition to the costs of normal maintenance activities, variable 
maintenance costs shall include aircraft refurbishment, such as painting 
and interior restoration, and costs of or allowances for performing 
overhauls and modifications required by service bulletins and 
airworthiness directives. If they wish, agencies may consider all of 
their maintenance costs as variable costs and account for them 
accordingly. Otherwise, certain maintenance costs will be considered 
fixed as described in paragraph (b) of this section. Variable 
maintenance costs include the costs of:
    (i) Maintenance labor. This includes all labor (i.e., salaries and 
wages, benefits, travel, and training) expended by mechanics, 
technicians, and inspectors, exclusive of labor for engine overhaul, 
aircraft refurbishment, and/or repair of major components.
    (ii) Maintenance parts. This includes cost of materials and parts 
consumed in aircraft maintenance and inspections, exclusive of materials 
and parts for engine overhaul, aircraft refurbishment, and/or repair of 
major components.
    (iii) Maintenance contracts. This includes all contracted costs for 
unscheduled maintenance and for maintenance scheduled on a flying hour 
basis or based on the condition of the part or component.
    (iv) Engine overhaul, aircraft refurbishment, and major component 
repairs. These are the materials and labor costs of overhauling engines, 
refurbishing aircraft, and/or repairing major aircraft components.

[[Page 336]]

    (A) In general, the flight hour cost is computed by dividing the 
costs for a period by the projected hours flown during the period. 
However, when computing the flight hour cost factor for this cost 
category, divide the total estimated cost for the activities in this 
category (e.g., overhaul, refurbishment, and major repairs) by the 
number of flight hours between these activities.
    (B) Cost or reserve accounts for engine overhaul, aircraft 
refurbishment, and major component repairs may, at the agency's 
discretion, be identified and quantified separately for mission-
pertinent information purposes. Reserve accounts are generally used when 
the aircraft program is funded through a working capital or revolving 
fund.
    (3) Fuel and other fluids. The costs of the aviation gasoline, jet 
fuel, and other fluids (e.g., engine oil, hydraulic fluids, and water-
methanol) consumed by aircraft.
    (4) Lease costs. When the cost of leasing an aircraft is based on 
flight hours, the associated lease or rental costs are considered 
variable costs.
    (5) Landing and tie down fees. Landing fees and tie down fees 
associated with aircraft usage are considered variable costs. Tie down 
fees for storing an aircraft at its base of operations should be 
considered part of operations overhead, a fixed cost.
    (b) Fixed costs. The fixed costs of operating aircraft are those 
that result from owning and supporting the aircraft and do not vary 
according to aircraft usage. The specific fixed cost elements include:
    (1) Crew costs. The crew costs which do not vary according to 
aircraft usage consist of salaries, benefits, and training costs. This 
includes the salaries, benefits, and training costs of crew members who 
also perform minimal aircraft maintenance. Also included in fixed crew 
costs are the costs of their charts, personal protective equipment, 
uniforms, and other personal equipment when the agency is authorized to 
purchase such items.
    (2) Maintenance costs. This cost category includes maintenance and 
inspection activities which are scheduled on a calendar interval basis 
and take place regardless of whether or how much an aircraft is flown. 
Agencies are encouraged to simplify their accounting systems and account 
for all maintenance costs as variable costs. However, if they wish, 
agencies may account for the following costs as fixed costs:
    (i) Maintenance labor. This includes all projected labor expended by 
mechanics, technicians, and inspectors associated with maintenance 
scheduled on a calendar interval basis. This does not include variable 
maintenance labor or work on items having a retirement life or time 
between overhaul. This category also includes costs associated with 
nonallocated maintenance labor expenses; i.e., associated salaries, 
benefits, travel expenses, and training costs. These costs should be 
evenly allocated over the number of aircraft in the fleet.
    (ii) Maintenance parts. This includes all parts and consumables used 
for maintenance scheduled on a calendar interval basis.
    (iii) Maintenance contracts. This includes all contracted costs for 
maintenance or inspections scheduled on a calendar interval basis.
    (3) Lease costs. When the cost of leasing an aircraft is based on a 
length of time (e.g., days, weeks, months, or years) and does not vary 
according to aircraft usage, the lease costs are considered fixed costs.
    (4) Operations overhead. This includes all costs, not accounted for 
elsewhere, associated with direct management and support of the aircraft 
program. Examples of such costs include: personnel costs (salaries, 
benefits, travel, uniform allowances (when the agency is authorized to 
purchase such items), training, etc.) for management and administrative 
personnel directly responsible for the aircraft program; building and 
ground maintenance; janitorial services; lease or rent costs for hangars 
and administrative buildings and office space; communications and 
utilities costs; office supplies and equipment; maintenance and 
depreciation of support equipment; tie down fees for aircraft located on 
base; and miscellaneous operational support costs.

[[Page 337]]

    (5) Administrative overhead. These costs represent a prorated share 
of salaries, office supplies, and other expenses of fiscal, accounting, 
personnel, management, and similar common services performed outside the 
aircraft program but which support this program. For purposes of 
recovering the costs of operations, agencies should exercise their own 
judgment as to the extent to which aircraft users should bear the 
administrative overhead costs. Agencies may, for example, decide to 
charge non-agency users a higher proportion, not to exceed 100 percent 
of administrative overhead, than agency users if the agency has the 
authority to do so. If an aircraft is provided pursuant to an 
interagency agreement under the Economy Act of 1932 (31 U.S.C. 1535), 
the agency must charge based on the actual costs of the goods or 
services provided. For purposes of OMB Circular A-76 costs comparisons, 
agencies should compute the actual administrative costs that would be 
avoided if a decision is made to contract out the operation under study.
    (6) Self-insurance costs. Aviation activity involves risks and 
potential casualty losses and liability claims. These risks are normally 
covered in the private sector by purchasing an insurance policy. The 
Government is self-insuring; the Treasury's General Fund is charged for 
casualty losses and/or liability claims resulting from accidents. For 
the purposes of analyses, Government managers will recognize a cost for 
``self-insurance'' by developing a cost based on rates published by 
GSA's Aircraft Management Division.
    (7) Depreciation. The cost or value of ownership. Aircraft have a 
finite useful economic or service life (useful life). Depreciation is 
the method used to spread the acquisition value, less residual value, 
over an asset's useful life. Although these costs are not direct outlays 
as is the case with most other aircraft costs, it is important to 
recognize them for analyses required by OMB and other cost comparison 
purposes and when replenishing a working capital fund by recovering the 
full cost of aircraft operations. Depreciation costs depend on aircraft 
acquisition or replacement costs, useful life, and residual or salvage 
value. To calculate the cost of depreciation that shall be allocated to 
each year, subtract the residual value from the total of the acquisition 
cost plus any capital improvements and, then, divide by the estimated 
useful life of the asset.
    (c) Other costs. There are certain other costs of the aircraft 
program which should be recorded but are not appropriate for inclusion 
in either the variable or fixed cost categories for the purposes of 
justifying aircraft use or recovering the cost of aircraft operations. 
These costs include:
    (1) Accident repair costs. These costs include all parts, materials, 
equipment, and maintenance labor related to repairing accidental damage 
to airframes or aircraft equipment. Also included are all accident 
investigation costs.
    (2) Aircraft costs. This is the basic aircraft inventory or asset 
account used as the basis for determining aircraft depreciation charges. 
These costs include the cost of acquiring aircraft and accessories, 
including transportation and initial installation. Also included are all 
costs required to bring aircraft and capitalized accessories up to fleet 
standards.
    (3) Cost of capital. The cost of capital is the cost to the 
Government of acquiring the funds necessary for capital investments. The 
agency shall use the borrowing rate announced by the Department of the 
Treasury for bonds or notes whose maturities correspond to the 
manufacturer's suggested useful life or the remaining useful life of the 
asset.



Sec. 101-37.202  Policy.

    Agencies shall maintain cost systems for their aircraft operations 
which will permit them to justify the use of Government aircraft in lieu 
of commercially available aircraft, or the use of one Government 
aircraft in lieu of another; recover the costs of operating Government 
aircraft when appropriate; determine the cost effectiveness of various 
aspects of their aircraft program; and conduct the cost comparisons to 
justify in-house operation of Government aircraft versus procurement of 
commercially available aircraft services. To accomplish these purposes,

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agencies must accumulate their aircraft program cost into the standard 
aircraft program cost elements specified in Sec. 1010-37.201.



Sec. 101-37.203  [Reserved]



Sec. 101-37.204  Operations cost recovery methods.

    Under 31 U.S.C. 1535, and various acts appropriating funds or 
establishing working funds to operate aircraft, agencies are generally 
required to recover the costs of operating all aircraft in support of 
other agencies and other governments. Depending on the statutory 
authorities under which its aircraft were obtained or are operated, 
agencies may use either of two methods for establishing the rates 
charged for using their aircraft; full cost recovery rate or the 
variable cost recovery rate.
    (a) The full cost recovery rate for an aircraft is the sum of the 
variable and fixed cost rates for that aircraft. The computation of the 
variable cost rate for an aircraft is described in Sec. 101-37.304. The 
fixed cost recovery rate for an aircraft or aircraft type is computed as 
follows:
    (1) Accumulate the fixed costs listed in Sec. 101-37.201(b) that are 
directly attributable to the aircraft or aircraft type. These costs 
should be taken from the agency's accounting system.
    (2) Adjust the total fixed cost for inflation and for any known 
upcoming cost changes to project the new fixed total costs. The 
inflation factor used should conform to the provisions of OMB Circular 
A-76.
    (3) Allocate operations and administrative overhead costs to the 
aircraft based on the percentage of total aircraft program flying hours 
attributable to that aircraft or aircraft type.
    (4) Compute a fixed cost recovery rate for the aircraft by dividing 
the sum of the projected directly attributable fixed costs, adjusted for 
inflation, from paragraph (a)(2) of this section and the allocated fixed 
costs from paragraph (a)(3) of this section by the annual flying hours 
projected for the aircraft.
    (b) The variable cost recovery rate is the total variable cost rate 
of operating an aircraft described in Sec. 101-37.304. If an agency 
decides to base the charge for using its aircraft solely on this rate, 
it must recover the fixed costs of those aircraft from the 
appropriations which support the mission for which the procurement of 
the aircraft was justified. In such cases, the fixed cost recovery rate 
may be expressed on an annual, monthly, or flying hour basis.
    (c) To compute the full cost recovery rate of using a Government 
aircraft for a trip, add the variable cost recovery rate for the 
aircraft or aircraft type to the corresponding fixed cost recovery rate 
and multiply this sum by the estimated number of flying hours for the 
trip using the proposed aircraft.



Sec. 101-37.205  Aircraft program cost effectiveness.

    Although cost data are not the only measures of the effectiveness of 
an agency's aircraft program, they can be useful in identifying 
opportunities to reduce aircraft operational costs. These opportunities 
include changing maintenance practices, purchasing fuel at lower costs, 
and the replacement of old, inefficient aircraft with aircraft that are 
more fuel efficient and have lower operation and maintenance costs. The 
most common measures used to evaluate the cost effectiveness of various 
aspects of an aircraft program are expressed as the cost per flying hour 
or per passenger mile (one passenger flying one mile). These measures 
may be developed using the standard aircraft program cost elements (see 
Sec. 101-37.201) and include, but are not limited to: maintenance costs/
flying hours, fuel and other fluids/flying hours, and variable cost/
passenger mile. GSA will coordinate the development of other specific 
cost-effectiveness measures with the appropriate Interagency Committee 
for Aviation Policy subcommittees (ICAP).
    (a) Maintenance costs per flying hour. Maintenance costs per flying 
hour identifies on an aggregate basis relative cost effectiveness of 
maintenance alternatives. This measure is among those necessary to 
identify and justify procurement of less costly aircraft.
    (b) Fuel and other fluids cost per flying hour. Fuel per flying hour 
identifies

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the relative fuel efficiency of an individual aircraft. The measure 
identifies the requirement to replace inefficient engines or to 
eliminate fuel inefficient aircraft from the fleet.
    (c) Crew costs-fixed per flying hour. When based on the total fixed 
crew costs and flying hours, can be used to determine the impact of crew 
utilization on overall operating costs; can also be used to compare crew 
utilization and salary levels among different agency or bureau aircraft 
programs.
    (d) Operations overhead per flying hour. Operations overhead may be 
used on an aggregate basis (i.e., total operations overhead expenditures 
divided by hours flown) to compare the overhead activities in direct 
support of aircraft operations among agencies or bureaus. This factor 
can indicate excess overhead support costs.
    (e) Administrative overhead per flying hour. Administrative overhead 
may be used on an aggregate basis (i.e., total administrative overhead 
divided by hours flown) to compare the level of administrative support 
to other agencies and bureaus.



   Subpart 101-37.3--Cost Comparisons for Acquiring and Using Aircraft

    Source: 60 FR 3552, Jan. 18, 1995, unless otherwise noted.



Sec. 101-37.300  General.

    The provisions of this subpart prescribe policies and procedures for 
conducting cost comparisons for the acquisition, use, or lease of 
aircraft. This subpart incorporates selected provisions of OMB Circulars 
A-76 and A-126.



Sec. 101-37.301  Applicability.

    This subpart applies to all agencies in the executive branch of the 
Federal Government. It does not apply to the United States Postal 
Service, to the Government of the District of Columbia, or to non-
Federal organizations receiving Federal loans, contracts, or grants.



Secs. 101-37.302--101-37.303  [Reserved]



Sec. 101-37.304  Variable cost rate.

    For the purpose of comparing costs (Government, commercial charter, 
and airline) associated with passenger transportation flights, as 
required by Sec. 101-37.406, the agency should develop a variable cost 
rate for each aircraft or aircraft type as follows:
    (a) Accumulate or allocate to the aircraft or aircraft type all 
historical costs, for the previous 12 months, grouped under the variable 
cost category defined in Sec. 101-37.201. These costs should be obtained 
from the agency's accounting system.
    (b) Adjust the historical variable costs for inflation and for any 
known upcoming cost changes to determine the projected variable cost. 
The inflation factor used should conform to the provisions of OMB 
Circular A-76.
    (c) Divide the projected variable cost of the aircraft or aircraft 
type by the projected annual flying hours for the aircraft or aircraft 
type to compute the variable cost rate (per flying hour).
    (d) To compute the variable cost for a proposed trip, multiply the 
variable cost rate by the estimated number of flying hours for the trip. 
The number of flying hours should include:
    (1) If no follow-up trip is scheduled, all time required to position 
the aircraft to begin the trip and to return the aircraft to its normal 
base of operations.
    (2) If a follow-on trip requires repositioning, the cost for 
respositioning should be charged to the associated follow-on trip.
    (3) If an aircraft supports a multi-leg trip (a series of flights 
scheduled sequentially), the use of the aircraft for the total trip may 
be justified by comparing the total variable cost of the entire trip to 
the commercial aircraft cost (including charter) for all legs of the 
trip.



Sec. 101-37.305  Acquisition and management.

    (a) The number and size of aircraft acquired by an agency and the 
capacity of those aircraft to carry passengers and cargo shall not 
exceed the level

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necessary to meet the agency's mission requirements.
    (b) Agencies must comply with OMB Circular A-76 before purchasing, 
leasing, or otherwise acquiring aircraft and related services to assure 
that these services cannot be obtained from and operated by the private 
sector more cost effectively.
    (c) Agencies shall review on a 5-year cycle the continuing need for 
all of their aircraft and the cost effectiveness of their aircraft 
operations in accordance with OMB approved cost justification 
methodologies. A copy of each agency review shall be submitted to GSA 
when completed and to OMB with the agency's next budget submission. 
Agencies shall report any excess aircraft and release all aircraft that 
are not fully justified by these reviews.
    (d) Agencies shall use their aircraft in the most cost effective way 
to meet their requirements.



    Subpart 101-37.4--Use of Government-Owned and -Operated Aircraft

    Source: 58 FR 53660, Oct. 18, 1993, unless otherwise noted.



Sec. 101-37.400  General.

    The provisions of this subpart prescribe policies and procedures for 
the use of Government aircraft. This subpart incorporates certain 
provisions of OMB Circular A-126 and OMB Bulletin Number 93-11.



Sec. 101-37.401  [Reserved]



Sec. 101-37.402  Policy.

    Government aircraft shall be used for official purposes only in 
accordance with applicable laws and regulations, including this subpart.
    (a) Use of Government aircraft. Agencies shall operate Government 
aircraft only for official purposes. Official purposes include the 
operation of Government aircraft for:
    (1) Mission requirements, and
    (2) Other official travel.
    (b) Use of Government aircraft for official travel or on space 
available travel is subject to paragraphs (b)(1) and (2) of this 
section.
    (1) Use of a Government aircraft for official travel other than 
required use travel or mission requirement travel; i.e., for the conduct 
of agency business, shall be authorized only when:
    (i) No commercial airline or aircraft service (including charter) is 
reasonably available to fulfill effectively the agency's requirement; or
    (ii) The actual cost of using a Government aircraft is not more than 
the cost of commercial airline or aircraft service (including charter). 
When a flight is made for mission requirements or required use travel 
(and is certified as such in writing by the agency which is conducting 
the mission), it is presumed that secondary use of the aircraft for 
other travel for the conduct of agency business will result in cost 
savings.
    (2) Use of a Government aircraft on a space available basis is 
authorized only when:
    (i) The aircraft is already scheduled for use for an official 
purpose;
    (ii) Space available travel does not require a larger aircraft than 
needed for the already scheduled official purpose;
    (iii) Space available use results in no, or only minor, additional 
cost to the Government; and
    (iv) Reimbursement is provided as set forth in Sec. 101-37.403 of 
this subpart.
    (c) The Secretary of State, Secretary of Defense, Attorney General, 
Director of the Federal Bureau of Investigation, and the Director of 
Central Intelligence may use Government aircraft for travel other than:
    (1) To meet mission requirements, or
    (2) For the conduct of agency business, but only upon reimbursement 
at full coach fare and with authorization by the President or his 
designated representative on the grounds that a threat exists which 
could endanger lives or when continuous 24-hour secure communication is 
required.



Sec. 101-37.403  Reimbursement for the use of Government aircraft.

    A passenger transported by Government aircraft is required to 
reimburse the Government under the circumstances specified, and in the 
amount indicated, in paragraphs (a) through (d) of this section.

[[Page 341]]

    (a) For travel that is not required use travel:
    (1) Any incidental private activities (personal or political) of an 
employee undertaken on an employee's own time while on official travel 
shall not result in any increase in the actual costs to the Government 
of operating the aircraft, and
    (2) The Government shall be reimbursed the appropriate share of the 
full coach fare for any portion of the time on the trip spent on 
political activities (except as otherwise provided in paragraph (d) of 
this section).
    (b) For required use travel (except as otherwise provided in 
paragraph (d) of this section).
    (1) For a wholly personal or political trip, the Government shall be 
reimbursed the full coach fare for the trip,
    (2) For an official trip during which the employee engages in 
political activities, the Government shall be reimbursed the appropriate 
share of the full coach fare for the entire trip, and
    (3) For an official trip during which the employee flies to one or 
more locations for personal reasons, the Government shall be reimbursed 
the excess of the full coach fare of all flights taken by the employee 
on the trip over the full coach fare of the flights that would have been 
taken by the employee had there been no personal activities on the trip.
    (c) For space available travel, whether on mission requirements or 
other flights, the Government shall be reimbursed at the full coach fare 
except:
    (1) As authorized under 10 U.S.C. 4744 and regulations implementing 
that statute, and
    (2) By civilian personnel and their dependents in remote locations 
not reasonably accessible to regularly scheduled commercial airline 
service.
    (d) In any case of political travel, reimbursement shall be made in 
the amount required by law or regulation (e.g., 11 CFR 106.3) if greater 
than the amount otherwise required under paragraphs (a) through (c) of 
this section.



Sec. 101-37.404  Approving the use of Government aircraft for transportation of passengers.

    (a) Use of Government aircraft for official travel may be approved 
only by the agency head or official(s) designated by the agency head.
    (b) Whenever a Government aircraft used to fulfill a mission 
requirement is used also to transport senior Federal officials, members 
of their families or other non-Federal travelers on a space available 
basis (except as authorized under 10 U.S.C. 4744 and regulations 
implementing that statute), the agency that is conducting the mission 
shall certify in writing prior to the flight that the aircraft is 
scheduled to perform a bona fide mission activity, and that the minimum 
mission requirements have not been exceeded in order to transport such 
space available travelers. In emergency situations, an after-the-fact 
written certification by the agency is permitted.

[60 FR 3552, Jan. 18, 1995]



Sec. 101-37.405  Approving travel on Government aircraft.

    Policy and practices under which travel on Government aircraft may 
be approved by the agency are specified in paragraphs (a) through (c) of 
this section.
    (a) All travel on Government aircraft must have advance 
authorization by the sponsoring agency in accordance with its travel 
policies, OMB Circular A-126 and, when applicable, documented on an 
official travel authorization. Where possible, such travel authorization 
must be approved by at least one organizational level above that of the 
person(s) traveling. If review by a higher organizational level is not 
possible, another appropriate approval is required.
    (b) All required use travel must have written approval on a trip-by-
trip basis from the agency's senior legal official or the principal 
deputy, unless:
    (1) The President has determined that all travel or travel in 
specified categories by an agency head is qualified as required use 
travel, or
    (2) The agency head has determined that all travel or travel in 
specified categories by an officer or employee other than the agency 
head, is qualified as required use travel.
    (i) Any determination by an agency head that travel by an officer or 
employee of that agency qualifies as required use travel must be in 
writing

[[Page 342]]

and set forth the basis for that determination. In emergency situations 
an after-the-fact written certification by an agency is permitted.
    (ii) An agency head opting to determine that travel by an officer or 
employee may be required use travel shall establish written standards 
for determining when required use travel is permitted. Such travel shall 
not be permitted unless the travel is in conformance with the written 
standards.
    (c) All travel by senior Federal officials, family members of senior 
Federal officials, and non-Federal travelers that is not to meet mission 
requirements or required use travel must be authorized in advance and in 
writing.
    (1) Such authorization must be approved on a trip-by-trip basis and 
must be signed by the agency's senior legal official or the principal 
deputy, or be in conformance with an agency review and approval system 
that has been approved by the Office of Management and Budget (OMB). In 
emergency situations, an after-the-fact written certification by an 
agency is permitted.
    (2) In addition to the provisions of this subpart, Federal employees 
on official travel shall be subject to all other applicable travel rules 
and regulations. Travel by such individuals that is not official travel, 
for purposes of this subpart, is subject to the reimbursement 
requirements in Sec. 101-37.403(c) of this subpart for space available 
travel.



Sec. 101-37.406  Justification of the use of Government aircraft for transportation of passengers.

    (a) The cost comparison justifying the use of a Government aircraft 
for a proposed trip as required by Sec. 101-37.402(b)(1)(ii) of this 
subpart should be made prior to authorizing the use of the aircraft for 
that trip. Standard trip cost justification schedules developed by 
agencies may be used for this purpose. Agencies that are not able to use 
such schedules are required to conduct a cost justification on a case-
by-case basis.
    (b) When conducting a cost comparison, the agency must compare the 
actual cost of using a Government aircraft to the cost of using a 
commercial aircraft (including charter) or airline service. The actual 
cost of using a Government aircraft is either:
    (1) The amount that the agency will be charged by the organization 
that provides the aircraft,
    (2) The variable cost of using the aircraft, if the agency operates 
its own aircraft, or
    (3) The variable cost of using the aircraft as reported by the 
owning agency, if the agency is not charged for the use of an aircraft 
owned by another agency.
    (c) The cost of using commercial airline or aircraft services for 
the purpose of justifying the use of Government aircraft:
    (1) Must be the current Government contract fare or price, or the 
lowest fare or price available for the trip(s) in question,
    (2) Must include, as appropriate, any differences in the cost of 
ground travel, per diem and miscellaneous travel (e.g., taxis, parking, 
etc.), and lost employees' work time (computed at gross hourly costs to 
the Government, including benefits), between using Government aircraft 
and commercial aircraft services, and
    (3) Must include only the costs associated with passengers on 
official business. Costs associated with passengers traveling on a space 
available basis may not be used in the cost comparison.



Sec. 101-37.407  Documentation.

    All uses of Government aircraft must be documented, and this 
documentation must be retained for at least 2 years by the aircraft 
operations manager. The documentation of each use of Government aircraft 
must include the information specified in paragraphs (a) through (g) of 
this section:
    (a) Aircraft registration number (the registration number assigned 
by the Federal Aviation Administration or military-designated tail 
number);
    (b) Purpose of the flight (the mission the aircraft was dispatched 
to perform);
    (c) Route(s) flown;
    (d) Flight date(s) and times;
    (e) Name of each traveler;
    (f) Name(s) of the pilot(s) and aircrew;

[[Page 343]]

    (g) When Government aircraft are used to support official travel, 
the documentation must also include evidence that Sec. 101-37.408 and 
other applicable provisions of this FPMR have been satisfied.



Sec. 101-37.408  Reporting travel by senior Federal officials.

    Agencies shall submit semi-annual reports for the periods October 1 
through March 31 (due May 31), and April 1 through September 30 (due 
November 30) to the General Services Administration, Aircraft Management 
Division, Washington, DC 20406. A copy of each report shall also be 
submitted to the Deputy Director for Management, Office of Management 
and Budget, 725 17th Street, NW, Washington, DC 20503. Agencies shall 
submit report data using the Federal Aviation Management Information 
System structure and management codes for automated reporting or GSA 
Form 3641, Senior Federal Travel. Agencies that did not transport any 
senior Federal officials or special category travelers during the 
relevant time frame must still submit a written response that 
acknowledges the reporting requirements and states they have no travel 
to report. These reports shall be disclosed to the public upon request 
unless classified.
    (a) Reports shall include data on all non-mission travel by senior 
Federal officials on Government aircraft (including those senior Federal 
officials acting in an aircrew capacity when they are also aboard the 
flight for transportation), members of the families of such officials, 
any non-Federal traveler (except as authorized under 10 U.S.C. 4744 and 
regulations implementing that statute), and all mission and non-mission 
travel for senior executive branch officials. The reports shall include:
    (1) The names of the travelers;
    (2) The destinations;
    (3) The corresponding commercial cost had the traveler used 
commercial airline or aircraft service (including charter);
    (4) The appropriate allocated share of the full operating cost of 
each trip;
    (5) The amount required to be reimbursed to the Government for the 
flight;
    (6) The accounting data associated with the reimbursement; and
    (7) The data required by Sec. 101-37.407 (a), (b), and (d) of this 
subpart.
    (b) Each agency is responsible for reporting travel by personnel 
transported on aircraft scheduled by that agency.
    (c) The agency using the aircraft must also maintain the data 
required by this section for classified trips. This information shall 
not be reported to GAS or OMB but must be made available by the agency 
for review by properly cleared personnel.

[60 FR 3553, Jan. 18, 1995]



         Subpart 101-37.5--Management Information Systems (MIS)

    Source: 60 FR 3553, Jan. 18, 1995, unless otherwise noted.



Sec. 101-37.500  General.

    Executive agencies must maintain an aviation MIS. Agency systems 
will include computer applications appropriate to the complexity of the 
operation. Systems should be integrated among bureaus, agencies, and 
Departments as appropriate to maximize efficiency and effectiveness 
Governmentwide. MIS capabilities will include, but are not limited to, 
collecting, consolidating, and producing the reports and analyses 
required by: field-level organizations for day-to-day operations, 
agencies to justify the continuing use of aircraft or new acquisitions, 
GSA to develop Governmentwide aviation management guidance, and OMB and 
other oversight agencies to capitalize on opportunities to improve 
efficiency and effectiveness.



Sec. 101-37.501  [Reserved]



Sec. 101-37.502  GSA MIS responsibilities.

    The Aircraft Management Division will operate the Governmentwide 
aircraft MIS (also known as the Federal Aviation Management Information 
System (FAMIS)), develop generic aircraft MIS standards and software, 
and provide technical assistance to agencies in establishing automated 
aircraft information and cost accounting systems and conducting cost 
analyses required by OMB. The FAMIS will collect

[[Page 344]]

and maintain summary data including, but not limited to:
    (a) Aircraft and aviation related facilities inventories;
    (b) Cost and utilization for owned aircraft and aviation facilities;
    (c) Cost and utilization for chartered, rented, or contracted 
aircraft;
    (d) Inventories of support service agreements; and
    (e) Senior Federal official and special category travel data.



Sec. 101-37.503  Reporting responsibilities.

    Reporting responsibilities are as follows:
    (a) Owned aircraft. The executive agency to which the aircraft is 
registered in conformance with the FAA regulations or appropriate 
military regulations is responsible for reporting inventory, cost, and 
utilization data for each aircraft.
    (b) Bailed aircraft. The executive agency which operates bailed 
aircraft is responsible for reporting inventory, cost, and utilization 
data for each aircraft.
    (c) Leased or lease/purchased aircraft. The executive agency which 
makes payment to a private or other public sector organization for the 
aircraft is responsible for reporting inventory, cost, and utilization 
data for each aircraft.
    (d) Loaned aircraft. The executive agency which owns an aircraft on 
loan to a Federal agency will report inventory, cost, and utilization 
data. The executive agency which owns an aircraft on loan to a State, 
cooperator, or other non-Federal entity will report inventory data 
associated with that aircraft.
    (e) Contract, charter, and rental aircraft. The executive agency 
which makes payment to a private sector or other public sector 
organization for the aircraft is responsible for reporting cost and 
utilization data by specific aircraft for each type of mission 
performed.
    (f) Support services. The executive agency establishing the aviation 
support services agreement with service vendors is responsible for 
reporting associated data by agreement number, aircraft or service type, 
and vendor.
    (g) Senior Federal official and special category travel. Each 
executive agency is responsible for reporting travel by personnel 
transported on aircraft scheduled by that agency.



Sec. 101-37.504  Reports.

    Executive agencies will submit aviation management data using FAMIS 
structure format for automated reporting or appropriate forms. FAMIS 
data shall be submitted to the General Services Administration, Aircraft 
Management Division, Washington, DC 20406. Interagency report control 
number 0322-GSA-AN has been assigned to these reports. To the extent 
that information is protected from disclosure by statute, an agency is 
not required to furnish information otherwise required to be reported 
under this subpart.
    (a) Each executive agency will provide GSA with reports as changes 
occur for:
    (1) Facilities inventories. Additions, deletions, and changes shall 
be submitted using GSA Form 3549, Government-owned/leased Maintenance, 
Storage, Training, Refueling Facilities (per facility) or FAMIS file 
structures.
    (2) Aircraft inventories. Additions, deletions, and changes shall be 
submitted using GSA Form 3550, Government Aircraft Inventory (per 
aircraft) or FAMIS file structures. Any aircraft operated or held in a 
non-operational status, must be reported to FAMIS regardless of its 
ownership category.
    (3) Aviation support services cost data. This data will be submitted 
using GSA Form 3554, Aircraft Contract/Rental/Charter Support Services 
Cost Data Form or FAMIS file structures, as support service agreements 
become effective.
    (b) Each executive agency will provide GSA with reports annually on 
or before January 15 for the previous fiscal year ending September 30 
for:
    (1) Contract, rental, and charter aircraft cost and utilization 
data. Each form or FAMIS database record must contain only one aircraft 
for each type of mission performed. The data is submitted using GSA Form 
3551, Contract/Charter/Rental Aircraft Cost and Utilization or FAMIS 
file structures.
    (2) Government aircraft cost and utilization data. The cost and 
utilization information must be tracked by serial number and must 
reflect the actual use

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and expenditures incurred for each individual aircraft. These reports 
are to be submitted using GSA Form 3552, Government Aircraft Cost and 
Utilization or FAMIS file structures.
    (c) Each executive agency will provide GSA with a report 
semiannually on or before May 31 for the period October 1 through March 
30, and on or before November 30 for the period April 1 through 
September 30 for senior Federal official and special category travel. 
These reports are to be submitted using GSA Form 3641, Senior Federal 
Travel or FAMIS file structures. Executive agencies that did not 
transport any senior Federal officials or special category travelers 
during the relevant time frame must submit a written response that 
acknowledges the reporting requirements and states that they have no 
travel to report. For detailed explanation see Sec. 101-37.408.



Sec. 101-37.505  Aircraft used for sensitive missions.

    Inventory, cost, and utilization data submitted to GSA for agency 
aircraft dedicated to national defense, law enforcement, or interdiction 
missions will be safeguarded as specified in Sec. 101-37.506. GSA will 
not allow identification (registration number, serial number, etc.), 
location, or use patterns to be disclosed except as required under the 
Freedom of Information Act.



Sec. 101-37.506  Reporting requirements for law enforcement, national defense, or interdiction mission aircraft.

    Agencies using aircraft for law enforcement, national defense, or 
interdiction missions may use reporting provisions which provide for 
agency information protection as specified in paragraphs (a) and (b) of 
this section.
    (a) Undercover aircraft. Agencies operating undercover aircraft as 
defined in Sec. 101-37.100, will report to GSA all FAMIS data in 
accordance with Sec. 101-37.504, to include the registration number and 
serial number as reported to the Federal Aviation Administration (FAA), 
Office of Aircraft Registry.
    (b) Deep cover aircraft. Agencies operating deep cover aircraft as 
defined in Sec. 101-37.100, will report to GSA all FAMIS data in 
accordance with Sec. 101-37.504, except for that data requiring special 
handling by the FAA. Specific identifying data for those aircraft 
requiring special handling by the FAA will be reported as follows:
    (1) Special number data. Initially, agencies will supply the actual 
aircraft serial number with a unique code number. The code number will 
be used for all future data submissions. GSA will maintain the actual 
serial number and associated code in a secured file independent from all 
other FAMIS data. The secured file containing aircraft serial number 
data will not be printed or distributed.
    (2) Registration number data. Agencies will not submit registration 
number (FAA registration number) for deep cover aircraft.
    (3) Location data. Agencies will not submit location data.



 Subpart 101-37.6--Management, Use, and Disposal of Government Aircraft 
                                  Parts

    Source: 62 FR 43472, Aug. 14, 1997, unless otherwise noted.



Sec. 101-37.600  What does this subpart do?

    This subpart prescribes special policies and procedures governing 
the management, use, and disposal of Government-owned aircraft parts.



Sec. 101-37.601  What responsibilities does the owning/operating agency have in the management and use of Government aircraft parts?

    (a) The owning/operating agency is responsible for ensuring the 
continued airworthiness of an aircraft, including replacement parts. The 
owning/operating agency must ensure that replacement parts conform to an 
approved type design, have been maintained in accordance with applicable 
standards, and are in condition for safe operation.
    (b) In evaluating the acceptability of a part, the owning/operating 
agency should review the appropriate log books and historical/
maintenance records. The maintenance records must contain the data set 
forth in the latest version of Federal Aviation Administration (FAA) 
Advisory Circular 43-9. When the quality and origin of a part is

[[Page 346]]

questionable, the owning/operating agency should seek guidance from the 
local FAA Flight Standards District Office (FSDO) in establishing the 
part's airworthiness eligibility.



Sec. 101-37.602  Are there special requirements in the management, use, and disposal of military Flight Safety Critical Aircraft Parts (FSCAP)?

    (a) Yes. Any aircraft part designated by the Department of Defense 
as a FSCAP must be identified with the appropriate FSCAP Criticality 
Code which must be perpetuated on all documentation pertaining to such 
parts.
    (b) A military FSCAP may be installed on a FAA type-certificated 
aircraft holding either a restricted or standard airworthiness 
certificate, provided the part is inspected and approved for such 
installation in accordance with the applicable Federal Aviation 
Regulations.
    (c) If a FSCAP has no maintenance or historical records with which 
to determine its airworthiness, it must be mutilated and scrapped in 
accordance with Sec. 101-37.609. However, FSCAP still in its original 
unopened package, and with sufficient documentation traceable to the 
Production Approval Holder (PAH), need not be mutilated. Undocumented 
FSCAP with no traceability to either the original manufacturer or PAH 
must not be made available for transfer or donation. For assistance in 
the evaluation of FSCAP, contact the local FAA Flight Standards District 
Office (FSDO).



Sec. 101-37.603   What are the owning/operating agency's responsibilities in reporting excess Government aircraft parts?

    (a) The owning/operating agency must report excess aircraft parts to 
GSA in accordance with the provisions set forth in part 101-43 of this 
chapter. The owning/operating agency must indicate on the reporting 
document if any of the parts are life-limited parts and/or military 
FSCAP, and ensure that tags and labels, applicable historical data and 
maintenance records accompany these aircraft parts.
    (b) The owning/operating agency must identify excess aircraft parts 
which are unsalvageable according to FAA or DOD guidance, and ensure 
that such parts are mutilated in accordance with Sec. 101-37.609. The 
owning/operating agency should not report such parts to GSA.



Sec. 101-37.604  What are the procedures for transferring and donating excess and surplus Government aircraft parts?

    (a) Transfer and donate excess and surplus aircraft parts in 
accordance with part 101-43, Utilization of Personal Property, and part 
101-44, Donation of Personal Property.
    (b) Unsalvageable aircraft parts must not be issued for transfer or 
donation; they must be mutilated in accordance with Sec. 101-37.609.



Sec. 101-37.605  What are the receiving agency's responsibilities in the transfer or donation of excess and surplus Government aircraft parts?

    (a) The receiving agency must verify that all applicable labels and 
tags, and historical/modification records are furnished with the 
aircraft parts. The receiving agency must also ensure the continued 
airworthiness of these parts by following proper storage, protection and 
maintenance procedures, and by maintaining appropriate records 
throughout the life cycle of these parts.
    (b) The receiving agency must perpetuate the DOD-assigned 
Criticality Code on all property records of acquired military FSCAP. The 
receiving agency must ensure that flight use of military FSCAP on civil 
aircraft meets all Federal Aviation Regulation requirements.
    (c) The receiving agency must certify and ensure that when a 
transferred or donated part is no longer needed, and the part is 
determined to be unsalvageable, the part must be mutilated in accordance 
with Sec. 101-37.609 and properly disposed.



Sec. 101-37.606  What are the GSA approving official's responsibilities in transferring and donating excess and surplus Government aircraft parts?

    (a) The GSA approving official must review transfer documents of 
excess and surplus aircraft parts for completeness and accuracy, and 
ensure that the

[[Page 347]]

certification required in Sec. 101-37.605(c) is included in the transfer 
document.
    (b) The GSA approving official must also ensure the following 
statement is included on the SF123, Transfer Order Surplus Personal 
Property:

    ``Due to the critical nature of aircraft parts failure and the 
resulting potential safety threat, recipients of aircraft parts must 
ensure that any parts installed on a civil aircraft meet applicable 
Federal Aviation Administration Regulations, and that required 
certifications are obtained. The General Services Administration makes 
no representation as to a part's conformance with FAA requirements.''



Sec. 101-37.607  What are the State Agency's responsibilities in the donation of surplus Government aircraft parts?

    (a) The State Agency must review donation transfer documents for 
completeness and accuracy, and ensure that the certification provisions 
set forth in Sec. 101-37.605(c) is included in the transfer documents.
    (b) The State Agency must ensure that when a donated part is no 
longer needed, and the part is determined to be unsalvageable, the donee 
mutilates the part in accordance with Sec. 101-37.609.



Sec. 101-37.608  What are the responsibilities of the Federal agency conducting the sale of Government aircraft parts?

    (a) The Federal agency must sell Government aircraft parts in 
accordance with the provisions set forth in Part 101-45, Sale, 
Abandonment, or Destruction of Personal Property of this chapter.
    (b) The Federal agency must ensure that the documentation required 
pursuant to Sec. 101-37.603(a) accompanies the parts at the time of 
sale, and that sales offerings on aircraft parts contain the following 
statement:

    ``Purchasers are warned that the parts purchased herewith may not be 
in compliance with applicable Federal Aviation Administration 
requirements. Purchasers are not exempted from and must comply with 
applicable Federal Aviation Administration requirements. Purchasers are 
solely responsible for all FAA inspections and/or modifications 
necessary to bring the purchased items into compliance with 14 CFR (Code 
of Federal Regulations).''

    (c) The Federal agency must ensure that the following certification 
is executed by the purchaser and received by the Government prior to 
releasing such parts to the purchaser:

    ``The purchaser agrees that the Government shall not be liable for 
personal injuries to, disabilities of, or death of the purchaser, the 
purchaser's employees, or to any other persons arising from or incident 
to the purchase of this item, its use, or disposition. The purchaser 
shall hold the Government harmless from any or all debts, liabilities, 
judgments, costs, demands, suits, actions, or claims of any nature 
arising from or incident to purchase or resale of this item.''



Sec. 101-37.609  What are the procedures for mutilating unsalvageable aircraft parts?

    (a) Identify unsalvageable aircraft parts which require mutilation.
    (b) Mutilate unsalvageable aircraft parts so they can no longer be 
utilized for aviation purposes. Mutilation includes destruction of the 
data plate, removing the serial/lot/part number, and cutting, crushing, 
grinding, melting, burning, or other means which will prevent the parts 
from being misidentified or used as serviceable aircraft parts. Obtain 
additional guidance on the mutilation of unsalvageable aircraft parts in 
FAA AC No. 21-38, Disposition of Unsalvageable Aircraft Parts and 
Materials.
    (c) Ensure an authorized agency official witnesses and documents the 
mutilation, retain a signed certification and statement of mutilation.
    (d) If unable to perform the mutilation, turn in the parts to a 
Federal or Federally-approved facility for mutilation and proper 
disposition. Ensure that contractor performance is in accordance with 
the provisions of this part.
    (e) Ensure that mutilated aircraft parts are sold only as scrap.



Sec. 101-37.610  Are there special procedures for the exchange/sale of Government aircraft parts?

    Yes. Executive agencies may exchange or sell aircraft parts as part 
of a transaction to acquire similar replacement parts in accordance with 
FPMR part 101-46. In addition to the requirements of this subpart, 
agencies must ensure that the exchange/sale

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transaction is accomplished in accordance with the methods and 
procedures contained in part 101-46 of this chapter, and comply with the 
restrictions and limitations under Sec. 101-46.202 of this chapter.
    (a) Prior to the proposed exchange/sale, agencies should determine 
whether the parts identified for disposition are airworthy parts. For 
additional guidance refer to the applicable FAA Advisory Circular(s), or 
contact the local FAA FSDO.
    (b) At the time of exchange or sale, agencies must ensure that 
applicable labels and tags, historical data and modification records 
accompany the aircraft parts prior to release. The records must contain 
the information and content as required by current DOD and FAA 
requirements for maintenance and inspections.
    (c) Life limited parts that have reached or exceeded their life 
limits, or which have missing or incomplete documentation, must either 
be returned to the FAA production approval holder as part of an exchange 
transaction, or mutilated in accordance with Sec. 101-37.609.
    (d) Unsalvageable aircraft parts, other than parts in paragraph (c) 
of this section, must not be used for exchange/sale purposes; they must 
be mutilated in accordance with Sec. 101-37.609.

Subparts 101-37.7--101-37.10  [Reserved]



    Subpart 101-37.11--Aircraft Accident and Incident Reporting and 
                              Investigation

    Source: 63 FR 43638, Aug. 14, 1998, unless otherwise noted.



Sec. 101-37.1100  What are my general responsibilities for aircraft accident and incident reporting and investigation?

    You must:
    (a) Develop a Federal agency specific aircraft accident and incident 
response plan for your agency;
    (b) Be prepared to participate in National Transportation Safety 
Board (NTSB) investigations of Federal agency aircraft accident or 
incidents involving your agency;
    (c) Conduct a parallel investigation of an aviation accident/
incident involving your agency aircraft as appropriate;
    (d) Report any condition, act, maintenance problem, or circumstance 
which has potential to cause an aviation related mishap;
    (e) Provide training to your agency personnel who may be asked to 
participate in an NTSB investigation;
    (f) Assure that your reporting requirements are in compliance with 
the NTSB definitions contained in 49 CFR 830.2; and
    (g) Refer to 49 CFR part 830 for further details when required to 
report an aircraft accident, incident, or overdue aircraft to the NTSB.



Sec. 101-37.1101  What aircraft accident and incident response planning must I do?

    You must develop an agency specific aircraft accident and incident 
response plan which include the following:
    (a) Reporting aircraft accidents, incidents, and overdue or missing 
aircraft,
    (b) Wreckage site safety,
    (c) Wreckage security,
    (d) Evidence preservation, and
    (e) A point of contact list with current telephone numbers for fire, 
crash rescue, medical, and law enforcement support personnel and trained 
agency accident investigators.



Sec. 101-37.1102  When must I give initial notification of an aircraft accident, incident, or overdue aircraft?

    You must assure that the operator of any aircraft that is owned, 
leased, or under your exclusive use and operational control for more 
than 180 days immediately notifies the nearest NTSB field office when an 
accident or incident occurs.



Sec. 101-37.1103  What information must I give in an initial notification of an aircraft accident, incident, or overdue aircraft?

    You must assure that the notification contains the following 
information, if available:
    (a) Type and registration of the aircraft;
    (b) Name of the owning agency;
    (c) Name of the pilot-in-command;
    (d) Date and time of the accident;

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    (e) Last point of departure and the point of intended landing;
    (f) Position of the aircraft with reference to a geographical point;
    (g) Number of persons aboard, number fatally injured, and number 
seriously injured;
    (h) Nature of the accident, extent of damage, and the weather; and
    (i) A description of any explosives, radioactive materials, or any 
other dangerous substances carried on the aircraft.



Sec. 101-37.1104  What are my responsibilities for preserving aircraft wreckage, cargo, mail, and records resulting from aircraft accidents and incidents?

    You must assure that the operator of your aircraft is responsible 
for preserving to the extent possible any wreckage, cargo, and mail 
carried aboard the aircraft that was involved in an accident or 
incident. All records such as history data recordings of flight and 
maintenance information and voice recordings pertaining to the flight 
and all records pertaining to the operation and maintenance of the 
aircraft and to the airmen must be preserved until the NTSB takes 
custody. If items must be moved from the aircraft or the scene of the 
accident/incident for safety or health reasons, sketches, descriptive 
notes, or photographs should be made if possible of the original 
positions and conditions of items moved. If classified material is 
involved in an accident or incident, you must coordinate its protection 
and recovery with the National Transportation Safety Board as required 
by 49 CFR 830.10 and 831.12.



Sec. 101-37.1105  What must I report regarding an aircraft accident, incident, or overdue aircraft?

    You must assure that the operator of your aircraft files a report on 
NTSB Form 6120.1 or 7120.2 within 10 days after an accident, or after 7 
days if an overdue aircraft is still missing. A report involving a 
reportable incident shall be filed only if requested by the NTSB.



Sec. 101-37.1106  What must I do when the NTSB investigates an accident or incident involving my aircraft?

    You should request designation as ``party'' to the investigation in 
accordance with 49 CFR 831.11 and assist the NTSB to the maximum extent 
possible. The NTSB shall allow you to participate in any investigation, 
except that you may not participate in the NTSB's determination of the 
probable cause of the accident. You may conduct your own parallel 
investigation. You and the NTSB must exchange appropriate information 
obtained or developed in the course of the investigation(s) in a timely 
manner.



Sec. 101-37.1107  What must I do if I observe a condition, act, maintenance problem, or circumstance that has the potential to cause an aviation related mishap?

    You must report such observations to a senior aviation safety 
manager of your agency.



Sec. 101-37.1108  Why is it important that I be provided aircraft accident/incident related guidance in the form of this subpart, in addition to that found in 
          49 CFR parts 830 and 831?

    You may be excluded from some civil standards because of your unique 
operational and/or airworthiness requirements. Therefore, in addition to 
meeting the requirements found in 49 CFR parts 830 and 831, you must do 
the following: Make personnel who are knowledgeable about your missions 
and trained as aircraft accident investigators available to work with 
the NTSB. Develop accident and incident response plans. And understand 
that a parallel investigation may be conducted. Such teamwork will 
enhance both NTSB's and your aircraft accident investigation and 
prevention efforts.



Sec. 101-37.1109  What training must I have to participate in an NTSB investigation?

    You must be trained in aircraft accident investigation, 
reconstruction, and analysis. You must also receive aircraft accident 
investigation recurrency training and be familiar with NTSB accident 
investigation procedures.

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        Subpart 101-37.12--Federal Agency Aviation Safety Program

    Source: 59 FR 27486, May 27, 1994, unless otherwise noted.



Sec. 101-37.1200  General.

    (a) This subpart sets forth guidance to agencies for establishing 
aviation safety programs in accordance with the direction given to GSA 
in OMB Circular A-126, but the subpart is not binding on other agencies.
    (b) The aviation safety program objective is the safe accomplishment 
of the agency mission, and is a direct result of effective management 
which should include attention to detail sufficient to preclude the 
occurrence of an accident. Each agency should establish appropriate key 
management positions and define their responsibilities and 
qualifications. Agencies should ensure these positions are staffed with 
properly qualified personnel.



Sec. 101-37.1201  Applicability.

    As prescribed in this subpart 101-37.12, the requirement to develop 
and operate an aviation safety program which addresses all program 
facets including, but not limited to, flight, ground, and weapons 
environments, is applicable to all Federal aviation programs.



Sec. 101-37.1202  Agency aviation safety responsibilities.

    Agencies operating aviation programs are responsibilities for 
establishing and conducting a comprehensive aviation safety program. 
Agencies should appoint qualified aviation safety managers at both the 
national and operational program level.



Sec. 101-37.1203  Aviation safety manager qualifications.

    (a) Aviation safety manager positions may be full time or additional 
duty, based on program mission requirements. In general, an aviation 
safety manger should, regardless of management level:
    (1) Be knowledgeable in agency aviation program activities within 
his/her purview;
    (2) Have experience as a pilot, crew member, or in aviation 
operations management; and
    (3) Be a graduate of a recognized aviation safety officer or 
accident prevention course, or qualified within 1 year through 
attendance at formal courses(s) of instruction.
    (b) These standards should be used as a guide to ensure that 
qualified personnel are selected as safety managers. However, they do 
not supersede those job classifications prescribed by the Office of 
Personnel Management or other appropriate authority.



Sec. 101-37.1204  Program responsibilities.

    Agencies will ensure that policies, objectives, and standards are 
established and clearly defined to support an effective aviation 
accident prevention effort. The aviation safety manager should develop 
and implement an agency aviation safety program which integrates agency 
safety policy into aviation related activities.



Sec. 101-37.1205  Program elements.

    As a recommendation, aviation safety program elements should 
include, but not be limited to, the following:
    (a) Aviation safety council;
    (b) Inspections and evaluations;
    (c) Hazard reporting;
    (d) Aircraft accident and incident investigation;
    (e) Education and training;
    (f) Aviation protective equipment;
    (g) Aviation qualification and certification; and
    (h) Awards program.



Sec. 101-37.1206  Aviation safety council.

    (a) Each agency should establish aviation safety councils at the 
appropriate aircraft operations level. The purpose of the council is to 
promote safety by exchanging ideas, reviewing, and discussing hazard 
reports and accident and incident reports, and assessing the threat to 
safe operation inherent in mission operations plans. The council should 
function to recommend changes to agency policies, rules, regulations, 
procedures, and operations based upon such discussions, reviews, and 
assessments. The council should meet regularly and should consist, at a 
minimum, of those individuals within

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the organization responsible for the following areas:
    (1) Operations/mission planning;
    (2) Safety;
    (3) Aircrew training;
    (4) Maintenance; and
    (5) Aircrew scheduling.
    (b) Safety meetings for operations and maintenance personnel are 
used to increase the education and awareness of agency personnel 
regarding the hazards associated with aviation and to discuss mishap 
prevention. Meetings should be scheduled and conducted on a regular 
basis.



Sec. 101-37.1207  Inspections and evaluations.

    The purpose of any inspection or evaluation is to prevent aviation 
accidents and to foster aviation safety.
    (a) Each agency should establish and maintain an inspection and 
evaluation program for all aviation activities. All operational elements 
of the aviation activity should be regularly inspected and evaluated 
based on standardized criteria established by the agency. The purpose of 
this program is to ensure that the agency mission is being carried out 
in accordance with Federal and agency safety regulations and directives.
    (b) Records should be kept and will identify the function or work 
area involved, date(s), hazard(s) identified, and recommended corrective 
action(s). All agencies will ensure appropriate resolution and close-
out.



Sec. 101-37.1208  Hazard reporting.

    Each agency safety program should include an aviation hazard 
reporting and resolution tracking system. Hazards are identified as 
conditions, practices, or procedures that constitute an immediate or 
potential threat to the safe conduct of aviation operations and may be 
reported by any person. Reports may be submitted on any event, 
procedure, practice, or condition that adversely affects safety of 
aviation operations. Prompt resolution of hazards, by safety threat 
priority, should be the goal of the agency.



Sec. 101-37.1209  Aircraft accident and incident investigation and reporting.

    Each agency aviation safety program should have an aircraft accident 
and incident investigation and reporting capability (see subpart 101-
37.11).



Sec. 101-37.1210  Education and training.

    Each aviation operations program should develop and conduct aviation 
safety training within applicable OPM guidelines. Identification, 
development, and presentation of training needs that are unique to 
respective programs should be accomplished as required. Training 
frequency, duration, and currency requirements should be developed for 
each safety discipline, and should consist of initial and recurring 
training.



Sec. 101-37.1211  Aviation protective equipment.

    Each agency should establish an aviation protective equipment 
program. Such a program should ensure that all personnel flying aboard 
agency aircraft are equipped with, or have at their disposal, 
appropriate aviation life support equipment.



Sec. 101-37.1212  Aircrew qualification and certification.

    Minimum standards for aircraft operations are established by OPM 
Position Classification Series GS-2181. Agencies should periodically 
review operational requirements to establish or revise aircrew 
standards. Such standards should ensure that aircrew members meet the 
minimum qualification and certification necessary for the continued safe 
operation of aircraft.



Sec. 101-37.1213  Aircraft accident and incident database.

    Each agency should establish an aircraft accident and incident data 
collection system to support an effective aviation safety and accident 
prevention program. The database should include:
    (a) Owner and operator of the aircraft;
    (b) Federal Aviation Administration registration number or assigned 
tail number;
    (c) Aircraft make, model, and serial number;

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    (d) Location of occurrence;
    (e) Date of mishap (month/day/year);
    (f) Type of mishap, accident, or incident (see Sec. 101-37.1101, 
Definitions);
    (g) Estimated damage to the aircraft;
    (h) Type of injury; no injury, serious injury, or fatal injury (see 
Sec. 101-37.1101, Definitions);
    (i) Brief description of the circumstances; and
    (j) Name of the investigator as it appears on the factual report 
(see Sec. 101-37.1108).



Sec. 101-37.1214  Aviation safety awards program.

    Each agency should establish an aviation safety awards program to 
recognize individuals and organizations for exceptional acts or service 
in support of the organizational aviation safety program. Such a program 
should provide for awards in flight, ground, and weapons safety, if 
applicable.

Subpart 101-37.13  [Reserved]



                        Subpart 101-37.14--Forms



Sec. 101-37.1400  General.

    This subpart provides the necessary information to obtain forms 
prescribed or available for use in connection with the subject matter 
covered in part 101-37. These forms are designed to provide a uniform 
method of requesting and transmitting aviation management information 
and uniform documentation of transactions among Government agencies.



Sec. 101-37.1401  GSA forms availability.

    Copies of the forms identified in paragraphs (a) through (e) of this 
section may be obtained from the General Services Administration (FBX), 
Washington, DC 20406.
    (a) GSA Form 3549, Government-owned/Leased Maintenance, Storage, 
Training, Refueling Facilities (Per Facility).
    (b) GSA Form 3550, Government Aircraft Inventory (Per Aircraft).
    (c) GSA Form 3551, Contract/Rental/Charter Aircraft Cost and 
Utilization.
    (d) GSA F