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  <AMDDATE>June 22, 2001</AMDDATE>
  <FMTR>
    <TITLEPG>
      <CODE>CODE OF FEDERAL REGULATIONS</CODE>
      <PRTPAGE P="1"/>41<PARTS>Chapter 101</PARTS>
      <REVISED>Revised as of July 1, 2001</REVISED>
      <SUBJECT>Public Contracts and Property Management</SUBJECT>
      <CONTAINS>Containing a codification of documents of general applicability and future effect</CONTAINS>
      <DATE>As of July 1, 2001</DATE>
      <ANCIL>With Ancillaries</ANCIL>
      <PUB>
        <P>Published by</P>
        <P>Office of the Federal Register</P>
        <P>National Archives and Records</P>
        <P>Administration</P>
      </PUB>
      <SPECED>A Special Edition of the Federal Register</SPECED>
    </TITLEPG>
    <BTITLE>
      <PRTPAGE P="?ii"/>
      <GPO>U.S. GOVERNMENT PRINTING OFFICE</GPO>
      <CITY>WASHINGTON : 2001</CITY>
      <FORSALE>
        <P>For sale by the Superintendent of Documents, U.S. Government Printing Office</P>
        <P>Internet: bookstore.gpo.govPhone: (202) 512-1800Fax: (202) 512-2250</P>
        <P>Mail: Stop SSOP, Washington, DC 20402-0001</P>
      </FORSALE>
    </BTITLE>
    <TOC>
      <PRTPAGE P="iii"/>
      <HD SOURCE="HED">Table of Contents</HD>
      <PGHD>Page</PGHD>
      <EXPL>
        <SUBJECT>Explanation</SUBJECT>
        <PG>v</PG>
      </EXPL>
      <TITLENO>
        <HD SOURCE="HED">Title 41:</HD>
        <SUBTI>
          <HD SOURCE="HED">Subtitle C—Federal Property Management Regulations System:</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>Chapter 101—Federal Property Management Regulations</SUBJECT>
          <PG>5</PG>
        </CHAPTI>
      </TITLENO>
      <FAIDS>
        <HD SOURCE="HED">Finding Aids:</HD>
        <SUBJECT>Table of CFR Titles and Chapters</SUBJECT>
        <PG>579</PG>
        <SUBJECT>Alphabetical List of Agencies Appearing in the CFR</SUBJECT>
        <PG>597</PG>
        <SUBJECT>Redesignation Table</SUBJECT>
        <PG>607</PG>
        <SUBJECT>List of CFR Sections Affected</SUBJECT>
        <PG>609</PG>
      </FAIDS>
    </TOC>
    <CITE>
      <PRTPAGE P="iv"/>
      <P>Cite this Code:<E T="01">CFR</E>
      </P>

      <CITEP>To cite the regulations in this volume use title, part and section number. Thus, <E T="01">41 CFR 101-1.100</E> refers to title 41, part 101-1, section 100.</CITEP>
    </CITE>
    <EXPLA>
      <PRTPAGE P="v"/>
      <HD SOURCE="HED">Explanation</HD>
      <P>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.</P>
      <P>Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows:</P>
      <IPAR>
        <P SOURCE="P1">Title 1 through Title 16 </P>
        <STUB>as of January 1</STUB>
        <P SOURCE="P1">Title 17 through Title 27 </P>
        <STUB>as of April 1</STUB>
        <P SOURCE="P1">Title 28 through Title 41 </P>
        <STUB>as of July 1</STUB>
        <P SOURCE="P1">Title 42 through Title 50 </P>
        <STUB>as of October 1</STUB>
      </IPAR>
      <P>The appropriate revision date is printed on the cover of each volume.</P>
      <SIDEHED>
        <HD SOURCE="HED">LEGAL STATUS</HD>
        <P>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).</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">HOW TO USE THE CODE OF FEDERAL REGULATIONS</HD>
        <P>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.</P>
        <P>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.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">EFFECTIVE AND EXPIRATION DATES</HD>
        <P>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.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OMB CONTROL NUMBERS</HD>

        <P>The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal agencies to display an OMB control number with their information collection request. <PRTPAGE P="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.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">OBSOLETE PROVISIONS</HD>
        <P>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.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">CFR INDEXES AND TABULAR GUIDES</HD>

        <P>A subject index to the Code of Federal Regulations is contained in a separate volume, revised annually as of January 1, entitled CFR <E T="04">Index and Finding Aids.</E> 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.</P>
        <P>An index to the text of “Title 3—The President” is carried within that volume.</P>
        <P>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.</P>
        <P>A List of CFR Sections Affected (LSA) is published monthly, keyed to the revision dates of the 50 CFR titles.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">REPUBLICATION OF MATERIAL</HD>
        <P>There are no restrictions on the republication of material appearing in the Code of Federal Regulations.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">INQUIRIES</HD>
        <P>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.</P>
        <P>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.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">SALES</HD>
        <P>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.</P>
      </SIDEHED>
      <SIDEHED>
        <HD SOURCE="HED">ELECTRONIC SERVICES</HD>

        <P>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.<PRTPAGE P="vii"/>
        </P>
        <P>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.</P>
      </SIDEHED>
      <SIG>
        <NAME>Raymond A. Mosley,</NAME>
        <POSITION>Director,</POSITION>
        <OFFICE>Office of the Federal Register.</OFFICE>
      </SIG>
      <DATE>July 1, 2001.</DATE>
    </EXPLA>
    <THISTITL>
      <PRTPAGE P="ix"/>
      <HD SOURCE="HED">THIS TITLE</HD>
      <P>Title 41—<E T="04">Public Contracts and Property Management</E> 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.</P>
      <P>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).</P>
      <P>Other government-wide procurement regulations relating to public contracts appear in chapters 50 through 100, subtitle B.</P>

      <P>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 <E T="03">implementing</E> and <E T="03">supplementing</E> property management regulations issued by individual Government agencies. Those regulations which implement chapter 101 are numerically keyed to it.</P>
      <P>The Federal Travel Regulation System in chapters 300-304 of subtitle F is issued by the General Services Administration.</P>
      <P>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.</P>
      <P>Redesignation tables appear in the finding aids section of the volumes containing chapter 101 and chapters 102 to 200.</P>
      <GPH DEEP="544" SPAN="1">
        <PRTPAGE P="x"/>
        <GID>CFRORDR.FRM</GID>
      </GPH>
    </THISTITL>
  </FMTR>
  <TITLE>
    <LRH>41 CFR Ch. 101 (7-1-01 Edition)</LRH>
    <RRH>Federal Property Management Regulations</RRH>
    <CFRTITLE>
      <TITLEHD>
        <PRTPAGE P="1"/>
        <HD SOURCE="HED">Title 41—Public Contracts and Property Management</HD>
        <P>(This book contains chapter 101) </P>
      </TITLEHD>
      <CFRTOC>
        <PTHD>Part</PTHD>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE C—<E T="04">Federal Property Management Regulations System:</E>
          </HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 101—Federal Property Management Regulations</SUBJECT>
          <PG>101-1</PG>
        </CHAPTI>
      </CFRTOC>
    </CFRTITLE>
    <SUBTITLE>
      <PRTPAGE P="3"/>
      <HD SOURCE="HED">Subtitle C—Federal Property Management Regulations System</HD>
      <CHAPTER>
        <TOC>
          <TOCHD>
            <PRTPAGE P="5"/>
            <HD SOURCE="HED">CHAPTER 101—FEDERAL PROPERTY MANAGEMENT REGULATIONS </HD>
          </TOCHD>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          </SUBCHAP>
          
          <PTHD>Part</PTHD>
          <PGHD>Page</PGHD>
          <CHAPTI>
            <PT>101-1</PT>
            <SUBJECT>Introduction</SUBJECT>
            <PG>7</PG>
            <PT>101-3</PT>
            <SUBJECT>Annual real property inventories</SUBJECT>
            <PG>9</PG>
            <PT>101-4</PT>
            <SUBJECT>Nondiscrimination on the basis of sex in education programs or activities receiving Federal financial assistance</SUBJECT>
            <PG>13</PG>
            <PT>101-5</PT>
            <SUBJECT>Centralized services in Federal buildings and complexes</SUBJECT>
            <PG>30</PG>
            <PT>101-6</PT>
            <SUBJECT>Miscellaneous regulations</SUBJECT>
            <PG>39</PG>
            <PT>101-8</PT>
            <SUBJECT>Nondiscrimination in Federal financial assistance programs</SUBJECT>
            <PG>73</PG>
            <PT>101-9</PT>
            <SUBJECT>Federal mail management</SUBJECT>
            <PG>89</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER B [RESERVED]</HD>
          </SUBCHAP>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER C—DEFENSE MATERIALS</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>101-14—101-15[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER D—PUBLIC BUILDINGS AND SPACE</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>101-16</PT>
            <RESERVED>[Reserved]</RESERVED>
            <PT>101-17</PT>
            <SUBJECT>Assignment and utilization of space</SUBJECT>
            <PG>96</PG>
            <PT>101-18</PT>
            <SUBJECT>Acquisition of real property</SUBJECT>
            <PG>96</PG>
            <PT>101-19</PT>
            <SUBJECT>Construction and alteration of public buildings</SUBJECT>
            <PG>109</PG>
            <PT>101-20</PT>
            <SUBJECT>Management of buildings and grounds</SUBJECT>
            <PG>212</PG>
            <PT>101-21</PT>
            <SUBJECT>Federal Buildings Fund</SUBJECT>
            <PG>233</PG>
          </CHAPTI>
          <APP>Appendix to Subchapter D—Temporary Regulations</APP>
          <PG>234</PG>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER E—SUPPLY AND PROCUREMENT</HD>
          </SUBCHAP>
          <CHAPTI>
            <RESERVED>101-22—101-24[Reserved]</RESERVED>
            <PT>101-25</PT>
            <SUBJECT>General</SUBJECT>
            <PG>237</PG>
            <PT>101-26</PT>
            <SUBJECT>Procurement sources and program</SUBJECT>
            <PG>251</PG>
            <PT>101-27</PT>
            <SUBJECT>Inventory management</SUBJECT>
            <PG>283</PG>
            <PT>101-28</PT>
            <SUBJECT>Storage and distribution</SUBJECT>
            <PG>293</PG>
            <PT>101-29</PT>
            <SUBJECT>Federal product descriptions</SUBJECT>
            <PG>298</PG>
            <PT>101-30</PT>
            <SUBJECT>Federal catalog system</SUBJECT>
            <PG>304<PRTPAGE P="6"/>
            </PG>
            <PT>101-31</PT>
            <SUBJECT>Inspection and quality control</SUBJECT>
            <PG>319</PG>
            <PT>101-32</PT>
            <RESERVED>[Reserved]</RESERVED>
            <PT>101-33</PT>
            <SUBJECT>Public utilities</SUBJECT>
            <PG>319</PG>
            <PT>101-34</PT>
            <RESERVED>[Reserved]</RESERVED>
          </CHAPTI>
          <APPHED>
            <E T="01">Appendix to Subchapter E—Temporary Regulations [Reserved]</E>
          </APPHED>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER F—MANAGEMENT AND USE OF TELECOMMUNICATIONS RESOURCES</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>101-35</PT>
            <SUBJECT>Telecommunications management policy</SUBJECT>
            <PG>323</PG>
          </CHAPTI>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER G—AVIATION, TRANSPORTATION, AND MOTOR VEHICLES</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>101-37</PT>
            <SUBJECT>Government aviation administration and coordination</SUBJECT>
            <PG>330</PG>
            <PT>101-38</PT>
            <SUBJECT>Motor vehicle management</SUBJECT>
            <PG>352</PG>
            <PT>101-39</PT>
            <SUBJECT>Interagency fleet management systems</SUBJECT>
            <PG>352</PG>
            <PT>101-40</PT>
            <SUBJECT>Transportation and traffic management</SUBJECT>
            <PG>366</PG>
            <PT>101-41</PT>
            <SUBJECT>Transportation documentation and audit</SUBJECT>
            <PG>366</PG>
          </CHAPTI>
          <APPHED>
            <E T="01">Appendix to Subchapter G—Temporary Regulations [Reserved]</E>
          </APPHED>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER H—UTILIZATION AND DISPOSAL</HD>
          </SUBCHAP>
          <CHAPTI>
            <PT>101-42</PT>
            <SUBJECT>Utilization and disposal of hazardous materials and certain categories of property</SUBJECT>
            <PG>367</PG>
            <PT>101-43</PT>
            <SUBJECT>Utilization of personal property</SUBJECT>
            <PG>391</PG>
            <PT>101-44</PT>
            <SUBJECT>Donation of personal property</SUBJECT>
            <PG>391</PG>
            <PT>101-45</PT>
            <SUBJECT>Sale, abandonment, or destruction of personal property</SUBJECT>
            <PG>437</PG>
            <PT>101-46</PT>
            <SUBJECT>Replacement of personal property pursuant to the exchange/sale authority</SUBJECT>
            <PG>478</PG>
            <PT>101-47</PT>
            <SUBJECT>Utilization and disposal of real property</SUBJECT>
            <PG>482</PG>
            <PT>101-48</PT>
            <SUBJECT>Utilization, donation, or disposal of abandoned and forfeited personal property</SUBJECT>
            <PG>556</PG>
            <PT>101-49</PT>
            <SUBJECT>Utilization, donation, and disposal of foreign gifts and decorations</SUBJECT>
            <PG>567</PG>
          </CHAPTI>
          <APP>Appendix to Subchapter H—Temporary Regulations</APP>
          <PG>567</PG>
        </TOC>
        <SUBCHAP TYPE="N">
          <PRTPAGE P="7"/>
          <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          <PART>
            <EAR>Pt. 101-1</EAR>
            <HD SOURCE="HED">PART 101-1—INTRODUCTION</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-1.1—Regulation System</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>101-1.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-1.101</SECTNO>
                <SUBJECT>Federal Property Management Regulations System.</SUBJECT>
                <SECTNO>101-1.102</SECTNO>
                <SUBJECT>Federal Property Management Regulations.</SUBJECT>
                <SECTNO>101-1.103</SECTNO>
                <SUBJECT>FPMR temporary regulations.</SUBJECT>
                <SECTNO>101-1.104</SECTNO>
                <SUBJECT>Publication and distribution of FPMR.</SUBJECT>
                <SECTNO>101-1.104-1</SECTNO>
                <SUBJECT>Publication.</SUBJECT>
                <SECTNO>101-1.104-2</SECTNO>
                <SUBJECT>Distribution.</SUBJECT>
                <SECTNO>101-1.105</SECTNO>
                <SUBJECT>Authority for FPMR System.</SUBJECT>
                <SECTNO>101-1.106</SECTNO>
                <SUBJECT>Applicability of FPMR.</SUBJECT>
                <SECTNO>101-1.107</SECTNO>
                <SUBJECT>Agency consultation regarding FPMR.</SUBJECT>
                <SECTNO>101-1.108</SECTNO>
                <SUBJECT>Agency implementation and supplementation of FPMR.</SUBJECT>
                <SECTNO>101-1.109</SECTNO>
                <SUBJECT>Numbering in FPMR System.</SUBJECT>
                <SECTNO>101-1.110</SECTNO>
                <SUBJECT>Deviation.</SUBJECT>
                <SECTNO>101-1.111</SECTNO>
                <SUBJECT>Retention of FPMR amendments.</SUBJECT>
                <SECTNO>101-1.112</SECTNO>
                <SUBJECT>Change lines.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-1.2—101-1.48[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-1.49—Illustrations of Forms</HD>
                <SECTNO>101-1.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-1.4901</SECTNO>
                <SUBJECT>Standard forms. [Reserved]</SUBJECT>
                <SECTNO>101-1.4902</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <SECTNO>101-1.4902-2053</SECTNO>
                <SUBJECT>GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>29 FR 13255, Sept. 24, 1964, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-1.1—Regulation System</HD>
              <SECTION>
                <SECTNO>§ 101-1.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.101</SECTNO>
                <SUBJECT>Federal Property Management Regulations System.</SUBJECT>
                <P>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).</P>
                <CITA>[54 FR 37652, Sept. 12, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.102</SECTNO>
                <SUBJECT>Federal Property Management Regulations.</SUBJECT>
                <P>The Federal Property Management Regulations (FPMR) are regulations, as described by § 101-1.101, prescribed by the Administrator of General Services to govern and guide Federal agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.103</SECTNO>
                <SUBJECT>FPMR temporary regulations.</SUBJECT>
                <P>(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 § 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.</P>
                <P>(b) FPMR temporary regulations may have an effective period of up to 2 years when codification is not anticipated or is not considered practical.</P>
                <CITA>[54 FR 37652, Sept. 12, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.104</SECTNO>
                <SUBJECT>Publication and distribution of FPMR.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.104-1</SECTNO>
                <SUBJECT>Publication.</SUBJECT>
                <P>FPMR will be published in the <E T="04">Federal Register</E>, in looseleaf form, and in accumulated form in the Code of Federal Regulations. Temporary-type FPMR will be published in the Notices <PRTPAGE P="8"/>section of the <E T="04">Federal Register</E>
                  <SU>1</SU>
                  <FTREF/> and in looseleaf form.</P>
                <FTNT>
                  <P>
                    <SU>1</SU>
                    <E T="04">Editorial Note:</E> FPMR temporary regulations are published in the Rules and Regulations section of the <E T="04">Federal Register</E> 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.</P>
                </FTNT>
                <CITA>[36 FR 4983, Mar. 16, 1971]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.104-2</SECTNO>
                <SUBJECT>Distribution.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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 § 101-1.4902-2053). The mailing address is shown on the form.</P>
                <CITA>[36 FR 4983, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.105</SECTNO>
                <SUBJECT>Authority for FPMR System.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.106</SECTNO>
                <SUBJECT>Applicability of FPMR.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.107</SECTNO>
                <SUBJECT>Agency consultation regarding FPMR.</SUBJECT>
                <P>FPMR are developed and prescribed in consultation with affected Federal agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.108</SECTNO>
                <SUBJECT>Agency implementation and supplementation of FPMR.</SUBJECT>
                <P>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.</P>
                <CITA>[54 FR 37652, Sept. 12, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.109</SECTNO>
                <SUBJECT>Numbering in FPMR System.</SUBJECT>
                <P>(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:</P>
                <MATH DEEP="24" SPAN="1">
                  <MID>EC05NO91.088</MID>
                </MATH>
                <P>(b) At the bottom of each page appears the number and date (month and year) of the FPMR amendment which transmitted it.</P>
                <P>(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.</P>
                <CITA>[54 FR 37652, Sept. 12, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.110</SECTNO>
                <SUBJECT>Deviation.</SUBJECT>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(b) Requests for deviations from the FPMR shall be sent to the General Services Administration for consideration in accordance with the following:</P>
                <P>(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.</P>
                <P>(2) For class deviations, requests shall be sent to only the Administrator of General Services.</P>
                <CITA>[54 FR 37652, Sept. 12, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.111</SECTNO>
                <SUBJECT>Retention of FPMR amendments.</SUBJECT>
                <P>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.</P>
                <CITA>[39 FR 40952, Nov. 22, 1974]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.112</SECTNO>
                <SUBJECT>Change lines.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[54 FR 37652, Sept. 12, 1989]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-1.2—101-1.48[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-1.49—Illustrations of Forms</HD>
              <SECTION>
                <SECTNO>§ 101-1.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>This subpart illustrates forms prescribed or available for use in connection with subject matter covered in other subparts of this part 101-1.</P>
                <CITA>[36 FR 4983, Mar. 16, 1971]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.4901</SECTNO>
                <RESERVED>Standard forms. [Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.4902</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <P>(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.</P>
                <P>(b) GSA forms illustrated in § 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.</P>
                <CITA>[36 FR 4984, Mar. 16, 1971, as amended at 53 FR 2739, Feb. 1, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-1.4902-2053</SECTNO>
                <SUBJECT>GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances.</SUBJECT>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>The form listed in § 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.</P>
                </NOTE>
                <CITA>[36 FR 4984, Mar. 16, 1971]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-3</EAR>
            <HD SOURCE="HED">PART 101-3—ANNUAL REAL PROPERTY INVENTORIES</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-3.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-3.1—General Provisions</HD>
                <SECTNO>101-3.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-3.101</SECTNO>
                <SUBJECT>Background.</SUBJECT>
                <SECTNO>101-3.102</SECTNO>
                <SUBJECT>Program objectives.</SUBJECT>
                <SECTNO>101-3.103</SECTNO>
                <SUBJECT>Coverage.</SUBJECT>
                <SECTNO>101-3.104</SECTNO>
                <SUBJECT>Source of data.</SUBJECT>
                <SECTNO>101-3.105</SECTNO>
                <SUBJECT>Agency Liaison.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="10"/>
                <HD SOURCE="HED">Subpart 101-3.2—Annual Reports—Real Property Owned by and Leased to the United States</HD>
                <SECTNO>101-3.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-3.201</SECTNO>
                <SUBJECT>Reporting agency.</SUBJECT>
                <SECTNO>101-3.202</SECTNO>
                <SUBJECT>Coverage.</SUBJECT>
                <SECTNO>101-3.203</SECTNO>
                <SUBJECT>Exclusions.</SUBJECT>
                <SECTNO>101-3.204</SECTNO>
                <SUBJECT>Reports to be submitted.</SUBJECT>
                <SECTNO>101-3.205</SECTNO>
                <SUBJECT>Optional reporting method.</SUBJECT>
                <SECTNO>101-3.206</SECTNO>
                <SUBJECT>Preparation and due dates.</SUBJECT>
                <SECTNO>101-3.207</SECTNO>
                <SUBJECT>Supplementary information.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-3.3—101-3.48[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-3.49—Forms and Reports</HD>
                <SECTNO>101-3.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-3.4901</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <SECTNO>101-3.4901-1166</SECTNO>
                <SUBJECT>GSA Form 1166: Annual Report of Real Property Owned by or Leased to the United States.</SUBJECT>
                <SECTNO>101-3.4901-1166(I)</SECTNO>
                <SUBJECT>Instructions for the preparation of GSA Form 1166: Annual Report of Real Property Owned or Leased to the United States.</SUBJECT>
                <SECTNO>101-3.4901-1166(I-A)</SECTNO>
                <SUBJECT>Major cities.</SUBJECT>
                <SECTNO>101-3.4901-1209</SECTNO>
                <SUBJECT>GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.</SUBJECT>
                <SECTNO>101-3.4901-1209(I)</SECTNO>
                <SUBJECT>Instructions for the preparation of GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390 40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>29 FR 15596, Nov. 20, 1964, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 101-3.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>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.</P>
              <CITA>[54 FR 38673, Sept. 20, 1989]</CITA>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-3.1—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 101-3.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.101</SECTNO>
                <SUBJECT>Background.</SUBJECT>
                <P>(a) The inventory of Federal real property was initiated and is being continued at the request of the Senate Committee on Appropriations.</P>
                <P>(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.</P>
                <P>(c) Executive Order 12411 and related regulations require annual review of agency goals and plans in the area of space reduction and property disposals.</P>
                <CITA>[29 FR 15596, Nov. 20, 1964, as amended at 54 FR 38673, Sept. 20, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.102</SECTNO>
                <SUBJECT>Program objectives.</SUBJECT>
                <P>The principal objectives of the Governmentwide real property inventory program are:</P>
                <P>(a) To provide a centralized source of information on Federal real property holdings;</P>
                <P>(b) To track space utilization of reporting agencies;</P>
                <P>(c) To identify underutilized property;</P>
                <P>(d) To achieve the most effective control and economical Governmentwide utilization of available property;</P>
                <P>(e) To facilitate disposal of surplus property;</P>
                <P>(f) To evaluate the compliance of reporting agencies with the provisions of Executive Order 12411 and implementing regulations;</P>
                <P>(g) To provide a basis for the intelligent evaluation and appraisal of budgetary requirements; and</P>
                <P>(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.</P>
                <CITA>[54 FR 38673, Sept. 20, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.103</SECTNO>
                <SUBJECT>Coverage.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="11"/>
                <SECTNO>§ 101-3.104</SECTNO>
                <SUBJECT>Source of data.</SUBJECT>
                <P>Data reported shall be based on agency real property and accounting records.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.105</SECTNO>
                <SUBJECT>Agency Liaison.</SUBJECT>
                <P>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.</P>
                <CITA>[54 FR 38674, Sept. 20, 1989]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-3.2—Annual Reports—Real Property Owned by and Leased to the United States</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>54 FR 38674, Sept. 20, 1989, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-3.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.201</SECTNO>
                <SUBJECT>Reporting agency.</SUBJECT>
                <P>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:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.202</SECTNO>
                <SUBJECT>Coverage.</SUBJECT>
                <P>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:</P>
                <P>(a) Unreserved public domain lands.</P>
                <P>(b) Public domain lands reserved for national forests, national parks, military installations, or other purposes.</P>
                <P>(c) Real property acquired by purchase, construction, donation, and other methods.</P>
                <P>(d) Real property in which the Government has a long-term interest considered by the reporting agency as being equivalent to ownership.</P>
                <P>(e) Buildings or other structures and facilities owned by or leased to the Government whether or not located on Government-owned land.</P>
                <P>(f) Excess and surplus real property. (The reporting agency, as defined in § 101-3.201, shall continue to retain accountability and report excess and surplus real property pending its transfer to a Federal agency or disposal.)</P>

                <P>(g) Buildings being acquired under the terms of the Public Buildings Purchase Contract Program or Lease Purchase Agreements (39 U.S.C. 2103, 40 <PRTPAGE P="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.</P>
                <P>(h) Each lease executed for land only, with an annual rental of $500 or more.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.203</SECTNO>
                <SUBJECT>Exclusions.</SUBJECT>
                <P>Annual inventory reports on real property owned by or leased to the United States shall not include the following:</P>
                <P>(a) Properties acquired through foreclosure, confiscation, or seizure to be liquidated in settlement of a claim or debt to the Federal Government.</P>
                <P>(b) Rights-of-way or easements granted to the Government.</P>
                <P>(c) Lands administered by the United States under trusteeship by authority of the United Nations.</P>
                <P>(d) Machinery and processing equipment which are not part of the realty.</P>
                <P>(e) Real property occupied under permit or other arrangements with other Federal agencies or wholly owned Federal Government corporations.</P>
                <P>(f) Leasehold improvements (Government-owned buildings or structures located on leased land shall be reported as owned); and</P>
                <P>(g) Real Property leased rent free or for nominal rent when property is not considered significant by the reporting agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.204</SECTNO>
                <SUBJECT>Reports to be submitted.</SUBJECT>
                <P>(a) Each agency shall prepare in accordance with instructions in § 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 § 101-3.4901-1166) for:</P>
                <P>(1) Each newly acquired or previously omitted installation.</P>
                <P>(2) Each installation received by transfer from another Federal agency which is not merged with an existing installation.</P>
                <P>(3) Each installation with increases or decreases in cost of $5,000 or more affecting any line item or the total for the installation.</P>
                <P>(4) Each installation declared excess or surplus in whole or in part.</P>
                <P>(5) Each disposal of a complete installation.</P>
                <P>(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.</P>
                <P>(7) Each new lease becoming effective during the reporting period.</P>
                <P>(8) Each renewed lease citing the new expiration date.</P>
                <P>(9) Change in annual rental rate.</P>
                <P>(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.</P>
                <P>(c) Each agency shall prepare in accordance with instructions in § 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 § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.205</SECTNO>
                <SUBJECT>Optional reporting method.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="13"/>
                <SECTNO>§ 101-3.206</SECTNO>
                <SUBJECT>Preparation and due dates.</SUBJECT>
                <P>The annual inventory reports prescribed in § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.207</SECTNO>
                <SUBJECT>Supplementary information.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-3.3—101-3.48 [Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-3.49—Forms and Reports</HD>
              <NOTE>
                <HD SOURCE="HED">Note:</HD>
                <P>GSA forms filed with the Office of the Federal Register as part of the original document. Copies may be obtained from Central Office, GSA.</P>
              </NOTE>
              <SECTION>
                <SECTNO>§ 101-3.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.4901</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <P>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 § 101-3.4901-1166(I) appears instructions for the preparation of GSA Form 1166.</P>
                <CITA>[54 FR 38675, Sept. 20, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.4901-1166</SECTNO>
                <SUBJECT>GSA Form 1166: Annual Report of Real Property Owned by or Leased to the United States.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.4901-1166(I)</SECTNO>
                <SUBJECT>Instructions for the preparation of GSA Form 1166: Annual Report of Real Property Owned or Leased to the United States.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.4901-1166(I-A)</SECTNO>
                <SUBJECT>Major cities.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.4901-1209</SECTNO>
                <SUBJECT>GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-3.4901-1209(I)</SECTNO>
                <SUBJECT>Instructions for the preparation of GSA Form 1209: Summary of Number of Installations Owned by or Leased to the United States.</SUBJECT>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-4</EAR>
            <HD SOURCE="HED">PART 101-4—NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Introduction</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>101-4.100</SECTNO>
                <SUBJECT>Purpose and effective date.</SUBJECT>
                <SECTNO>101-4.105</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>101-4.110</SECTNO>
                <SUBJECT>Remedial and affirmative action and self-evaluation.</SUBJECT>
                <SECTNO>101-4.115</SECTNO>
                <SUBJECT>Assurance required.</SUBJECT>
                <SECTNO>101-4.120</SECTNO>
                <SUBJECT>Transfers of property.</SUBJECT>
                <SECTNO>101-4.125</SECTNO>
                <SUBJECT>Effect of other requirements.</SUBJECT>
                <SECTNO>101-4.130</SECTNO>
                <SUBJECT>Effect of employment opportunities.</SUBJECT>
                <SECTNO>101-4.135</SECTNO>
                <SUBJECT>Designation of responsible employee and adoption of grievance procedures.</SUBJECT>
                <SECTNO>101-4.140</SECTNO>
                <SUBJECT>Dissemination of policy.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Coverage</HD>
                <SECTNO>101-4.200</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <SECTNO>101-4.205</SECTNO>
                <SUBJECT>Educational institutions and other entities controlled by religious organizations.</SUBJECT>
                <SECTNO>101-4.210</SECTNO>
                <SUBJECT>Military and merchant marine educational institutions.</SUBJECT>
                <SECTNO>101-4.215</SECTNO>
                <SUBJECT>Membership practices of certain organizations.</SUBJECT>
                <SECTNO>101-4.220</SECTNO>
                <SUBJECT>Admissions.</SUBJECT>
                <SECTNO>101-4.225</SECTNO>
                <SUBJECT>Educational institutions eligible to submit transition plans.</SUBJECT>
                <SECTNO>101-4.230</SECTNO>
                <SUBJECT>Transition plans.<PRTPAGE P="14"/>
                </SUBJECT>
                <SECTNO>101-4.235</SECTNO>
                <SUBJECT>Statutory amendments.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited</HD>
                <SECTNO>101-4.300</SECTNO>
                <SUBJECT>Admission.</SUBJECT>
                <SECTNO>101-4.305</SECTNO>
                <SUBJECT>Preference in admission.</SUBJECT>
                <SECTNO>101-4.310</SECTNO>
                <SUBJECT>Recruitment.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited</HD>
                <SECTNO>101-4.400</SECTNO>
                <SUBJECT>Education programs or activities.</SUBJECT>
                <SECTNO>101-4.405</SECTNO>
                <SUBJECT>Housing.</SUBJECT>
                <SECTNO>101-4.410</SECTNO>
                <SUBJECT>Comparable facilities.</SUBJECT>
                <SECTNO>101-4.415</SECTNO>
                <SUBJECT>Access to course offerings.</SUBJECT>
                <SECTNO>101-4.420</SECTNO>
                <SUBJECT>Access to schools operated by LEAs.</SUBJECT>
                <SECTNO>101-4.425</SECTNO>
                <SUBJECT>Counseling and use of appraisal and counseling materials.</SUBJECT>
                <SECTNO>101-4.430</SECTNO>
                <SUBJECT>Financial assistance.</SUBJECT>
                <SECTNO>101-4.435</SECTNO>
                <SUBJECT>Employment assistance to students.</SUBJECT>
                <SECTNO>101-4.440</SECTNO>
                <SUBJECT>Health and insurance benefits and services.</SUBJECT>
                <SECTNO>101-4.445</SECTNO>
                <SUBJECT>Marital or parental status.</SUBJECT>
                <SECTNO>101-4.450</SECTNO>
                <SUBJECT>Athletics.</SUBJECT>
                <SECTNO>101-4.455</SECTNO>
                <SUBJECT>Textbooks and curricular material.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited</HD>
                <SECTNO>101-4.500</SECTNO>
                <SUBJECT>Employment.</SUBJECT>
                <SECTNO>101-4.505</SECTNO>
                <SUBJECT>Employment criteria.</SUBJECT>
                <SECTNO>101-4.510</SECTNO>
                <SUBJECT>Recruitment.</SUBJECT>
                <SECTNO>101-4.515</SECTNO>
                <SUBJECT>Compensation.</SUBJECT>
                <SECTNO>101-4.520</SECTNO>
                <SUBJECT>Job classification and structure.</SUBJECT>
                <SECTNO>101-4.525</SECTNO>
                <SUBJECT>Fringe benefits.</SUBJECT>
                <SECTNO>101-4.530</SECTNO>
                <SUBJECT>Marital or parental status.</SUBJECT>
                <SECTNO>101-4.535</SECTNO>
                <SUBJECT>Effect of state or local law or other requirements.</SUBJECT>
                <SECTNO>101-4.540</SECTNO>
                <SUBJECT>Advertising.</SUBJECT>
                <SECTNO>101-4.545</SECTNO>
                <SUBJECT>Pre-employment inquiries.</SUBJECT>
                <SECTNO>101-4.550</SECTNO>
                <SUBJECT>Sex as a bona fide occupational qualification.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Procedures</HD>
                <SECTNO>101-4.600</SECTNO>
                <SUBJECT>Notice of covered programs.</SUBJECT>
                <SECTNO>101-4.605</SECTNO>
                <SUBJECT>Enforcement procedures.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 52865, 52891, Aug. 30, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Introduction</HD>
              <SECTION>
                <SECTNO>§ 101-4.100</SECTNO>
                <SUBJECT>Purpose and effective date.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.105</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in these Title IX regulations, the term:</P>
                <P>
                  <E T="03">Administratively separate unit</E> 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.</P>
                <P>
                  <E T="03">Admission</E> 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.</P>
                <P>
                  <E T="03">Applicant</E> 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.</P>
                <P>
                  <E T="03">Designated agency official</E> means the Associate Administrator for Civil Rights.</P>
                <P>
                  <E T="03">Educational institution</E> 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.</P>
                <P>
                  <E T="03">Federal financial assistance</E> means any of the following, when authorized or extended under a law administered by the Federal agency that awards such assistance:</P>

                <P>(1) A grant or loan of Federal financial assistance, including funds made available for:<PRTPAGE P="15"/>
                </P>
                <P>(i) The acquisition, construction, renovation, restoration, or repair of a building or facility or any portion thereof; and</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(3) Provision of the services of Federal personnel.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>
                  <E T="03">Institution of graduate higher education</E> means an institution that:</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
                <P>
                  <E T="03">Institution of professional education</E> 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.</P>
                <P>
                  <E T="03">Institution of undergraduate higher education</E> means:</P>
                <P>(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</P>
                <P>(2) An institution offering academic study leading to a baccalaureate degree; or</P>
                <P>(3) An agency or body that certifies credentials or offers degrees, but that may or may not offer academic study.</P>
                <P>
                  <E T="03">Institution of vocational education</E> 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.</P>
                <P>
                  <E T="03">Recipient</E> 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.</P>
                <P>
                  <E T="03">Student</E> means a person who has gained admission.</P>
                <P>
                  <E T="03">Title IX</E> 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).<PRTPAGE P="16"/>
                </P>
                <P>
                  <E T="03">Title IX regulations</E> means the provisions set forth at §§ 101-4.100 through 101-4.605.</P>
                <P>
                  <E T="03">Transition plan</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.110</SECTNO>
                <SUBJECT>Remedial and affirmative action and self-evaluation.</SUBJECT>
                <P>(a) <E T="03">Remedial action.</E> 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.</P>
                <P>(b) <E T="03">Affirmative action.</E> 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.</P>
                <P>(c) <E T="03">Self-evaluation.</E> Each recipient education institution shall, within one year of September 29, 2000:</P>
                <P>(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;</P>
                <P>(2) Modify any of these policies and practices that do not or may not meet the requirements of these Title IX regulations; and</P>
                <P>(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.</P>
                <P>(d) <E T="03">Availability of self-evaluation and related materials.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.115</SECTNO>
                <SUBJECT>Assurance required.</SUBJECT>
                <P>(a) <E T="03">General.</E> 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§ 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.</P>
                <P>(b) <E T="03">Duration of obligation.</E> (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 <PRTPAGE P="17"/>to provide an education program or activity.</P>
                <P>(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.</P>
                <P>(3) In all other cases such assurance shall obligate the recipient for the period during which Federal financial assistance is extended.</P>
                <P>(c) <E T="03">Form.</E> (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).</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.120</SECTNO>
                <SUBJECT>Transfers of property.</SUBJECT>
                <P>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 §§ 101-4.205 through 101-4.235(a).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.125</SECTNO>
                <SUBJECT>Effect of other requirements.</SUBJECT>
                <P>(a) <E T="03">Effect of other Federal provisions.</E> 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 <E T="03">et seq.</E>); the Equal Pay Act of 1963 (29 U.S.C. 206); and any other Act of Congress or Federal regulation.</P>
                <P>(b) <E T="03">Effect of State or local law or other requirements.</E> 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.</P>
                <P>(c) <E T="03">Effect of rules or regulations of private organizations.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.130</SECTNO>
                <SUBJECT>Effect of employment opportunities.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.135</SECTNO>
                <SUBJECT>Designation of responsible employee and adoption of grievance procedures.</SUBJECT>
                <P>(a) <E T="03">Designation of responsible employee.</E> 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. <PRTPAGE P="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.</P>
                <P>(b) <E T="03">Complaint procedure of recipient.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.140</SECTNO>
                <SUBJECT>Dissemination of policy.</SUBJECT>
                <P>(a) <E T="03">Notification of policy.</E> (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 §§ 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 § 101-4.135, or to the designated agency official.</P>
                <P>(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:</P>
                <P>(i) Newspapers and magazines operated by such recipient or by student, alumnae, or alumni groups for or in connection with such recipient; and</P>
                <P>(ii) Memoranda or other written communications distributed to every student and employee of such recipient.</P>
                <P>(b) <E T="03">Publications.</E> (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.</P>
                <P>(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.</P>
                <P>(c) <E T="03">Distribution.</E> 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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Coverage</HD>
              <SECTION>
                <SECTNO>§ 101-4.200</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <P>Except as provided in §§ 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.205</SECTNO>
                <SUBJECT>Educational institutions and other entities controlled by religious organizations.</SUBJECT>
                <P>(a) <E T="03">Exemption.</E> 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.<PRTPAGE P="19"/>
                </P>
                <P>(b) <E T="03">Exemption claims.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.210</SECTNO>
                <SUBJECT>Military and merchant marine educational institutions.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.215</SECTNO>
                <SUBJECT>Membership practices of certain organizations.</SUBJECT>
                <P>(a) <E T="03">Social fraternities and sororities.</E> 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.</P>
                <P>(b) <E T="03">YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls.</E> 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.</P>
                <P>(c) <E T="03">Voluntary youth service organizations.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.220</SECTNO>
                <SUBJECT>Admissions.</SUBJECT>
                <P>(a) Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations.</P>
                <P>(b) <E T="03">Administratively separate units.</E> For the purposes only of this section, §§ 101-4.225 and 101-4.230, and §§ 101-4.300 through 101-4.310, each administratively separate unit shall be deemed to be an educational institution.</P>
                <P>(c) <E T="03">Application of §§ 101-4.300 through101-4.310.</E> Except as provided in paragraphs (d) and (e) of this section, §§ 101-4.300 through 101-4.310 apply to each recipient. A recipient to which §§ 101-4.300 through 101-4.310 apply shall not discriminate on the basis of sex in admission or recruitment in violation of §§ 101-4.300 through 101-4.310.</P>
                <P>(d) <E T="03">Educational institutions.</E> Except as provided in paragraph (e) of this section as to recipients that are educational institutions, §§ 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.</P>
                <P>(e) <E T="03">Public institutions of undergraduate higher education.</E> §§ 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.225</SECTNO>
                <SUBJECT>Educational institutions eligible to submit transition plans.</SUBJECT>
                <P>(a) <E T="03">Application.</E> This section applies to each educational institution to which §§ 101-4.300 through 101-4.310 apply that:</P>
                <P>(1) Admitted students of only one sex as regular students as of June 23, 1972; or</P>
                <P>(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.</P>
                <P>(b) <E T="03">Provision for transition plans.</E> An educational institution to which this section applies shall not discriminate on the basis of sex in admission or recruitment in violation of §§ 101-4.300 through 101-4.310.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.230</SECTNO>
                <SUBJECT>Transition plans.</SUBJECT>
                <P>(a) <E T="03">Submission of plans.</E> An institution to which § 101-4.225 applies and that is composed of more than one administratively separate unit may submit either a single transition plan applicable to <PRTPAGE P="20"/>all such units, or a separate transition plan applicable to each such unit.</P>
                <P>(b) <E T="03">Content of plans.</E> In order to be approved by the Secretary of Education, a transition plan shall:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(c) <E T="03">Nondiscrimination.</E> No policy or practice of a recipient to which § 101-4.225 applies shall result in treatment of applicants to or students of such recipient in violation of §§ 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.</P>
                <P>(d) <E T="03">Effects of past exclusion.</E> To overcome the effects of past exclusion of students on the basis of sex, each educational institution to which § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.235</SECTNO>
                <SUBJECT>Statutory amendments.</SUBJECT>
                <P>(a) This section, which applies to all provisions of these Title IX regulations, addresses statutory amendments to Title IX.</P>
                <P>(b) These Title IX regulations shall not apply to or preclude:</P>
                <P>(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;</P>
                <P>(2) Any program or activity of a secondary school or educational institution specifically for:</P>
                <P>(i) The promotion of any Boys State conference, Boys Nation conference, Girls State conference, or Girls Nation conference; or</P>
                <P>(ii) The selection of students to attend any such conference;</P>
                <P>(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;</P>
                <P>(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.</P>
                <P>(c) <E T="03">Program or activity</E> or <E T="03">program</E> means:</P>
                <P>(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:</P>

                <P>(i)(A) A department, agency, special purpose district, or other instrumentality of a State or of a local government; or<PRTPAGE P="21"/>
                </P>
                <P>(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;</P>
                <P>(ii)(A) A college, university, or other postsecondary institution, or a public system of higher education; or</P>
                <P>(B) A local educational agency (as defined in section 8801 of title 20), system of vocational education, or other school system;</P>
                <P>(iii)(A) An entire corporation, partnership, or other private organization, or an entire sole proprietorship—</P>
                <P>(<E T="03">1</E>) If assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or</P>
                <P>(<E T="03">2</E>) Which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(2)(i) <E T="03">Program or activity</E> 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment Prohibited</HD>
              <SECTION>
                <SECTNO>§ 101-4.300</SECTNO>
                <SUBJECT>Admission.</SUBJECT>
                <P>(a) <E T="03">General.</E> No person shall, on the basis of sex, be denied admission, or be subjected to discrimination in admission, by any recipient to which §§ 101-4.300 through 101-4.310 apply, except as provided in §§ 101-4.225 and 101-4.230.</P>
                <P>(b) <E T="03">Specific prohibitions.</E> (1) In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 101-4.300 through 101-4.310 apply shall not:</P>
                <P>(i) Give preference to one person over another on the basis of sex, by ranking applicants separately on such basis, or otherwise;</P>
                <P>(ii) Apply numerical limitations upon the number or proportion of persons of either sex who may be admitted; or</P>
                <P>(iii) Otherwise treat one individual differently from another on the basis of sex.</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(c) <E T="03">Prohibitions relating to marital or parental status.</E> In determining whether a person satisfies any policy or criterion for admission, or in making any offer of admission, a recipient to which §§ 101-4.300 through 101-4.310 apply:</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(3) Subject to § 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</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.305</SECTNO>
                <SUBJECT>Preference in admission.</SUBJECT>
                <P>A recipient to which §§ 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 §§ 101-4.300 through 101-4.310.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.310</SECTNO>
                <SUBJECT>Recruitment.</SUBJECT>
                <P>(a) <E T="03">Nondiscriminatory recruitment.</E> A recipient to which §§ 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 § 101-4.110(a), and may choose to undertake such efforts as affirmative action pursuant to § 101-4.110(b).</P>
                <P>(b) <E T="03">Recruitment at certain institutions.</E> A recipient to which §§ 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 §§ 101-4.300 through 101-4.310.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Discrimination on the Basis of Sex in Education Programs or Activities Prohibited</HD>
              <SECTION>
                <SECTNO>§ 101-4.400</SECTNO>
                <SUBJECT>Education programs or activities.</SUBJECT>
                <P>(a) <E T="03">General.</E> 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 §§ 101-4.300 through 101-4.310 do not apply, or an entity, not a recipient, to which §§ 101-4.300 through 101-4.310 would not apply if the entity were a recipient.</P>
                <P>(b) <E T="03">Specific prohibitions.</E> Except as provided in §§ 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:</P>

                <P>(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;<PRTPAGE P="23"/>
                </P>
                <P>(2) Provide different aid, benefits, or services or provide aid, benefits, or services in a different manner;</P>
                <P>(3) Deny any person any such aid, benefit, or service;</P>
                <P>(4) Subject any person to separate or different rules of behavior, sanctions, or other treatment;</P>
                <P>(5) Apply any rule concerning the domicile or residence of a student or applicant, including eligibility for in-state fees and tuition;</P>
                <P>(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;</P>
                <P>(7) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.</P>
                <P>(c) <E T="03">Assistance administered by a recipient educational institution to study at a foreign institution.</E> 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; <E T="03">Provided,</E> 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.</P>
                <P>(d) <E T="03">Aids, benefits or services not provided by recipient.</E> (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.</P>
                <P>(2) Such recipient:</P>
                <P>(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</P>
                <P>(ii) Shall not facilitate, require, permit, or consider such participation if such action occurs.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.405</SECTNO>
                <SUBJECT>Housing.</SUBJECT>
                <P>(a) <E T="03">Generally.</E> 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).</P>
                <P>(b) <E T="03">Housing provided by recipient.</E> (1) A recipient may provide separate housing on the basis of sex.</P>
                <P>(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:</P>
                <P>(i) Proportionate in quantity to the number of students of that sex applying for such housing; and</P>
                <P>(ii) Comparable in quality and cost to the student.</P>
                <P>(c) <E T="03">Other housing.</E> (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.</P>
                <P>(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:</P>
                <P>(A) Proportionate in quantity; and</P>
                <P>(B) Comparable in quality and cost to the student.</P>

                <P>(ii) A recipient may render such assistance to any agency, organization, <PRTPAGE P="24"/>or person that provides all or part of such housing to students of only one sex.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.410</SECTNO>
                <SUBJECT>Comparable facilities.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.415</SECTNO>
                <SUBJECT>Access to course offerings.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.420</SECTNO>
                <SUBJECT>Access to schools operated by LEAs.</SUBJECT>
                <P>A recipient that is a local educational agency shall not, on the basis of sex, exclude any person from admission to:</P>
                <P>(a) Any institution of vocational education operated by such recipient; or</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.425</SECTNO>
                <SUBJECT>Counseling and use of appraisal and counseling materials.</SUBJECT>
                <P>(a) <E T="03">Counseling.</E> A recipient shall not discriminate against any person on the basis of sex in the counseling or guidance of students or applicants for admission.</P>
                <P>(b) <E T="03">Use of appraisal and counseling materials.</E> 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.<PRTPAGE P="25"/>
                </P>
                <P>(c) <E T="03">Disproportion in classes.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.430</SECTNO>
                <SUBJECT>Financial assistance.</SUBJECT>
                <P>(a) <E T="03">General.</E> Except as provided in paragraphs (b) and (c) of this section, in providing financial assistance to any of its students, a recipient shall not:</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(b) <E T="03">Financial aid established by certain legal instruments.</E> (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; <E T="03">Provided,</E> 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.</P>
                <P>(2) To ensure nondiscriminatory awards of assistance as required in paragraph (b)(1) of this section, recipients shall develop and use procedures under which:</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(c) <E T="03">Athletic scholarships.</E> (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.</P>
                <P>(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 § 101-4.450.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.435</SECTNO>
                <SUBJECT>Employment assistance to students.</SUBJECT>
                <P>(a) <E T="03">Assistance by recipient in making available outside employment.</E> A recipient that assists any agency, organization, or person in making employment available to any of its students:</P>
                <P>(1) Shall assure itself that such employment is made available without discrimination on the basis of sex; and</P>
                <P>(2) Shall not render such services to any agency, organization, or person that discriminates on the basis of sex in its employment practices.</P>
                <P>(b) <E T="03">Employment of students by recipients.</E> A recipient that employs any of its students shall not do so in a manner that violates §§ 101-4.500 through 101-4.550.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.440</SECTNO>
                <SUBJECT>Health and insurance benefits and services.</SUBJECT>

                <P>Subject to § 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 §§ 101-4.500 through 101-4.550 if it were <PRTPAGE P="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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.445</SECTNO>
                <SUBJECT>Marital or parental status.</SUBJECT>
                <P>(a) <E T="03">Status generally.</E> 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.</P>
                <P>(b) <E T="03">Pregnancy and related conditions.</E> (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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(4) Subject to § 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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.450</SECTNO>
                <SUBJECT>Athletics.</SUBJECT>
                <P>(a) <E T="03">General.</E> 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.</P>
                <P>(b) <E T="03">Separate teams.</E> 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.</P>
                <P>(c) <E T="03">Equal opportunity.</E> (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:</P>

                <P>(i) Whether the selection of sports and levels of competition effectively <PRTPAGE P="27"/>accommodate the interests and abilities of members of both sexes;</P>
                <P>(ii) The provision of equipment and supplies;</P>
                <P>(iii) Scheduling of games and practice time;</P>
                <P>(iv) Travel and per diem allowance;</P>
                <P>(v) Opportunity to receive coaching and academic tutoring;</P>
                <P>(vi) Assignment and compensation of coaches and tutors;</P>
                <P>(vii) Provision of locker rooms, practice, and competitive facilities;</P>
                <P>(viii) Provision of medical and training facilities and services;</P>
                <P>(ix) Provision of housing and dining facilities and services;</P>
                <P>(x) Publicity.</P>
                <P>(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.</P>
                <P>(d) <E T="03">Adjustment period.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.455</SECTNO>
                <SUBJECT>Textbooks and curricular material.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited</HD>
              <SECTION>
                <SECTNO>§ 101-4.500</SECTNO>
                <SUBJECT>Employment.</SUBJECT>
                <P>(a) <E T="03">General.</E> (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.</P>
                <P>(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.</P>
                <P>(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 §§ 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.</P>
                <P>(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.</P>
                <P>(b) <E T="03">Application.</E> The provisions of §§ 101-4.500 through 101-4.550 apply to:</P>
                <P>(1) Recruitment, advertising, and the process of application for employment;</P>

                <P>(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;<PRTPAGE P="28"/>
                </P>
                <P>(3) Rates of pay or any other form of compensation, and changes in compensation;</P>
                <P>(4) Job assignments, classifications, and structure, including position descriptions, lines of progression, and seniority lists;</P>
                <P>(5) The terms of any collective bargaining agreement;</P>
                <P>(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;</P>
                <P>(7) Fringe benefits available by virtue of employment, whether or not administered by the recipient;</P>
                <P>(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;</P>
                <P>(9) Employer-sponsored activities, including social or recreational programs; and</P>
                <P>(10) Any other term, condition, or privilege of employment.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.505</SECTNO>
                <SUBJECT>Employment criteria.</SUBJECT>
                <P>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:</P>
                <P>(a) Use of such test or other criterion is shown to predict validly successful performance in the position in question; and</P>
                <P>(b) Alternative tests or criteria for such purpose, which do not have such disproportionately adverse effect, are shown to be unavailable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.510</SECTNO>
                <SUBJECT>Recruitment.</SUBJECT>
                <P>(a) <E T="03">Nondiscriminatory recruitment and hiring.</E> 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.</P>
                <P>(b) <E T="03">Recruitment patterns.</E> 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 §§ 101-4.500 through 101-4.550.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.515</SECTNO>
                <SUBJECT>Compensation.</SUBJECT>
                <P>A recipient shall not make or enforce any policy or practice that, on the basis of sex:</P>
                <P>(a) Makes distinctions in rates of pay or other compensation;</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.520</SECTNO>
                <SUBJECT>Job classification and structure.</SUBJECT>
                <P>A recipient shall not:</P>
                <P>(a) Classify a job as being for males or for females;</P>
                <P>(b) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or</P>
                <P>(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 § 101-4.550.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.525</SECTNO>
                <SUBJECT>Fringe benefits.</SUBJECT>
                <P>(a) <E T="03">“Fringe benefits” defined.</E> For purposes of these Title IX regulations, <E T="03">fringe benefits</E> 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 § 101-4.515.</P>
                <P>(b) <E T="03">Prohibitions.</E> A recipient shall not:</P>

                <P>(1) Discriminate on the basis of sex with regard to making fringe benefits available to employees or make fringe <PRTPAGE P="29"/>benefits available to spouses, families, or dependents of employees differently upon the basis of the employee's sex;</P>
                <P>(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</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.530</SECTNO>
                <SUBJECT>Marital or parental status.</SUBJECT>
                <P>(a) <E T="03">General.</E> A recipient shall not apply any policy or take any employment action:</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(b) <E T="03">Pregnancy.</E> 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.</P>
                <P>(c) <E T="03">Pregnancy as a temporary disability.</E> Subject to § 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.</P>
                <P>(d) <E T="03">Pregnancy leave.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.535</SECTNO>
                <SUBJECT>Effect of state or local law or other requirements.</SUBJECT>
                <P>(a) <E T="03">Prohibitory requirements.</E> The obligation to comply with §§ 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.</P>
                <P>(b) <E T="03">Benefits.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.540</SECTNO>
                <SUBJECT>Advertising.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.545</SECTNO>
                <SUBJECT>Pre-employment inquiries.</SUBJECT>
                <P>(a) <E T="03">Marital status.</E> 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.”</P>
                <P>(b) <E T="03">Sex.</E> A recipient may make pre-employment inquiry as to the sex of an applicant for employment, but only if such inquiry is madeequally 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.550</SECTNO>
                <SUBJECT>Sex as a bona fide occupational qualification.</SUBJECT>

                <P>A recipient may take action otherwise prohibited by §§ 101-4.500 through 101-4.550 provided it is shown that sex <PRTPAGE P="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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Procedures</HD>
              <SECTION>
                <SECTNO>§ 101-4.600</SECTNO>
                <SUBJECT>Notice of covered programs.</SUBJECT>

                <P>Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the <E T="04">Federal Register</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-4.605</SECTNO>
                <SUBJECT>Enforcement procedures.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-5</EAR>
            <HD SOURCE="HED">PART 101-5—CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-5.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-5.1—General</HD>
                <SECTNO>101-5.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-5.101</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-5.102</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>101-5.103</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <SECTNO>101-5.104</SECTNO>
                <SUBJECT>Economic feasibility of centralized services.</SUBJECT>
                <SECTNO>101-5.104-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-5.104-2</SECTNO>
                <SUBJECT>Basis for determining economic feasibility.</SUBJECT>
                <SECTNO>101-5.104-3</SECTNO>
                <SUBJECT>Data requirements for feasibility studies.</SUBJECT>
                <SECTNO>101-5.104-4</SECTNO>
                <SUBJECT>Scheduling feasibility studies.</SUBJECT>
                <SECTNO>101-5.104-5</SECTNO>
                <SUBJECT>Designating agency representatives.</SUBJECT>
                <SECTNO>101-5.104-6</SECTNO>
                <SUBJECT>Conduct of feasibility studies.</SUBJECT>
                <SECTNO>101-5.104-7</SECTNO>
                <SUBJECT>Administrator's determination.</SUBJECT>
                <SECTNO>101-5.105</SECTNO>
                <SUBJECT>Operation of the centralized facility.</SUBJECT>
                <SECTNO>101-5.106</SECTNO>
                <SUBJECT>Agency committees.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-5.2—Centralized Field Reproduction Services</HD>
                <SECTNO>101-5.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-5.201</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-5.202</SECTNO>
                <SUBJECT>Types of centralized field reproduction services.</SUBJECT>
                <SECTNO>101-5.203</SECTNO>
                <SUBJECT>Economic feasibility of centralized field reproduction services.</SUBJECT>
                <SECTNO>101-5.203-1</SECTNO>
                <SUBJECT>Scheduling of feasibility studies.</SUBJECT>
                <SECTNO>101-5.203-2</SECTNO>
                <SUBJECT>Notification of feasibility studies.</SUBJECT>
                <SECTNO>101-5.203-3</SECTNO>
                <SUBJECT>Initiation of feasibility studies.</SUBJECT>
                <SECTNO>101-5.203-4</SECTNO>
                <SUBJECT>Duplicating Services—Individual Agency Survey.</SUBJECT>
                <SECTNO>101-5.203-5</SECTNO>
                <SUBJECT>Uniform space allowances.</SUBJECT>
                <SECTNO>101-5.203-6</SECTNO>
                <SUBJECT>Pooling of equipment and personnel.</SUBJECT>
                <SECTNO>101-5.203-7</SECTNO>
                <SUBJECT>Determination of feasibility.</SUBJECT>
                <SECTNO>101-5.204</SECTNO>
                <SUBJECT>Operation of centralized field reproduction facilities.</SUBJECT>
                <SECTNO>101-5.204-1</SECTNO>
                <SUBJECT>Continuity of service.</SUBJECT>
                <SECTNO>101-5.204-2</SECTNO>
                <SUBJECT>Announcement of centralized services.</SUBJECT>
                <SECTNO>101-5.204-3</SECTNO>
                <SUBJECT>Appraisal of operations.</SUBJECT>
                <SECTNO>101-5.205</SECTNO>
                <SUBJECT>Designation of other agencies to operate plants.</SUBJECT>
                <SECTNO>101-5.205-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-5.205-2</SECTNO>
                <SUBJECT>Prerequisites to designation of other agencies.</SUBJECT>
                <SECTNO>101-5.205-3</SECTNO>
                <SUBJECT>Actions prior to operation of facilities.</SUBJECT>
                <SECTNO>101-5.205-4</SECTNO>
                <SUBJECT>Plant inspections and customer evaluations.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-5.3—Federal Employee Health Services</HD>
                <SECTNO>101-5.300</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-5.301</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-5.302</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <SECTNO>101-5.303</SECTNO>
                <SUBJECT>Guiding principles.</SUBJECT>
                <SECTNO>101-5.304</SECTNO>
                <SUBJECT>Type of occupational health services.</SUBJECT>
                <SECTNO>101-5.305</SECTNO>
                <SUBJECT>Agency participation.</SUBJECT>
                <SECTNO>101-5.306</SECTNO>
                <SUBJECT>Economic feasibility.</SUBJECT>
                <SECTNO>101-5.307</SECTNO>
                <SUBJECT>Public Health Service.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-5.4—101-5.48 [Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="31"/>
                <HD SOURCE="HED">Subpart 101-5.49—Forms, Reports, and Instructions</HD>
                <SECTNO>101-5.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SECTION>
              <SECTNO>§ 101-5.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>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.</P>
              <CITA>[56 FR 33873, July 24, 1991]</CITA>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-5.1—General</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>30 FR 4199, Mar. 31, 1965, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-5.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>This subpart states general policies, guidelines, and procedures for establishing centralized services in multioccupant Federal buildings.</P>
                <CITA>[42 FR 35853, July 12, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.101</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 33873, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.102</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>(a) <E T="03">Centralized services</E> 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.</P>
                <P>(b) <E T="03">Occupying agency</E> 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.</P>
                <P>(c) <E T="03">Cooperative Administrative Support Unit (CASU)</E> means an organized mechanism for providing administrative services for agencies in multi-tenant federally occupied buildings.</P>
                <CITA>[56 FR 33873, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.103</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104</SECTNO>
                <SUBJECT>Economic feasibility of centralized services.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104-1</SECTNO>
                <SUBJECT>General.</SUBJECT>

                <P>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 <PRTPAGE P="32"/>assessments jointly conducted by local agencies.</P>
                <CITA>[56 FR 33873, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104-2</SECTNO>
                <SUBJECT>Basis for determining economic feasibility.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104-3</SECTNO>
                <SUBJECT>Data requirements for feasibility studies.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104-4</SECTNO>
                <SUBJECT>Scheduling feasibility studies.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104-5</SECTNO>
                <SUBJECT>Designating agency representatives.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104-6</SECTNO>
                <SUBJECT>Conduct  of  feasibility -studies.</SUBJECT>

                <P>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 <PRTPAGE P="33"/>study. Arrangements will be made at this meeting for securing all necessary data in accordance with § 101-5.104-3.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.104-7</SECTNO>
                <SUBJECT>Administrator's determination.</SUBJECT>
                <P>(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, effi-ciency, 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.</P>
                <P>(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.</P>
                <CITA>[42 FR 35853, July 12, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.105</SECTNO>
                <SUBJECT>Operation of the centralized facility.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.106</SECTNO>
                <SUBJECT>Agency committees.</SUBJECT>
                <P>(a) <E T="03">Establishment.</E> 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.</P>
                <P>(b) <E T="03">Membership.</E> 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.</P>
                <P>(c) <E T="03">Activities.</E> 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.</P>
                <P>(d) <E T="03">Reports.</E> A re<AC T="1"/>sume<AC T="1"/> 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.</P>
                <CITA>[30 FR 4199, Mar. 31, 1965, as amended at 56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="34"/>
              <HD SOURCE="HED">Subpart 101-5.2—Centralized Field Reproduction Services</HD>
              <SECTION>
                <SECTNO>§ 101-5.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.201</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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.</P>
                <CITA>[41 FR 46296, Oct. 20, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.202</SECTNO>
                <SUBJECT>Types of centralized field reproduction services.</SUBJECT>
                <P>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:</P>
                <P>(a) Services will include offset reproduction, electronic publishing, photocopying, distribution, bindery services, and other closely related services as requested or required.</P>
                <P>(b) Qualified specialists will be available for advice and guidance on publications management.</P>
                <CITA>[30 FR 4358, Apr. 3, 1965, as amended at 41 FR 46296, Oct. 20, 1976; 56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203</SECTNO>
                <SUBJECT>Economic feasibility of centralized field reproduction services.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203-1</SECTNO>
                <SUBJECT>Scheduling of feasibility studies.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203-2</SECTNO>
                <SUBJECT>Notification of feasibility studies.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203-3</SECTNO>
                <SUBJECT>Initiation of feasibility studies.</SUBJECT>
                <P>Each feasibility study will be initiated with a general meeting of designated agency representatives, as provided in § 101-5.104-6.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203-4</SECTNO>
                <SUBJECT>Duplicating Services—Individual Agency Survey.</SUBJECT>

                <P>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 <PRTPAGE P="35"/>by GSA regional offices at the time the request for completion is made.</P>
                <CITA>[41 FR 46296, Oct. 20, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203-5</SECTNO>
                <SUBJECT>Uniform space allowances.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 33874, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203-6</SECTNO>
                <SUBJECT>Pooling of equipment and personnel.</SUBJECT>
                <P>(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.</P>
                <P>(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:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(3) Exempted copiers, other than in bona fide systems applications provided in this § 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[41 FR 46296, Oct. 20, 1976, as amended at 56 FR 33875, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.203-7</SECTNO>
                <SUBJECT>Determination of feasibility.</SUBJECT>

                <P>The Administrator of General Services will determine the economic feasibility of each proposed centralized field reproduction facility in accordance <PRTPAGE P="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.</P>
                <CITA>[56 FR 33875, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.204</SECTNO>
                <SUBJECT>Operation of centralized field reproduction facilities.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.204-1</SECTNO>
                <SUBJECT>Continuity of service.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 33875, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.204-2</SECTNO>
                <SUBJECT>Announcement of centralized services.</SUBJECT>
                <P>The appropriate GSA regional office will announce the availability of a centralized field reproduction facility approximately 90 days in advance of its activation, including:</P>
                <P>(a) The date service will be available;</P>
                <P>(b) The services which will be furnished, including technical assistance on reproduction problems;</P>
                <P>(c) A current price schedule;</P>
                <P>(d) Procedures for obtaining service; and</P>
                <P>(e) Billing procedures.</P>
                <CITA>[56 FR 33875, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.204-3</SECTNO>
                <SUBJECT>Appraisal of operations.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[56 FR 33875, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.205</SECTNO>
                <SUBJECT>Designation of other agencies to operate plants.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.205-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 33875, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.205-2</SECTNO>
                <SUBJECT>Prerequisites to designation of other agencies.</SUBJECT>
                <P>The following conditions are to be met by an agency designated by GSA to operate a centralized field reproduction facility:</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[56 FR 33875, July 24, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.205-3</SECTNO>
                <SUBJECT>Actions prior to operation of facilities.</SUBJECT>
                <P>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:</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(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 § 101-5.203-6.</P>
                <P>(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.</P>
                <CITA>[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]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.205-4</SECTNO>
                <SUBJECT>Plant inspections and customer evaluations.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 33876, July 24, 1991]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-5.3—Federal Employee Health Services</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>Chapter 865, 60 Stat. 903; 5 U.S.C. 7901.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>30 FR 12883, Oct. 9, 1965, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-5.300</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.301</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.302</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.303</SECTNO>
                <SUBJECT>Guiding principles.</SUBJECT>
                <P>The following principles will control the scope of the health services to be provided in keeping with the objective:</P>
                <P>(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 § 101-5.304.</P>
                <P>(b) As an exception to paragraph (a) of this section, health services of the scope specified in § 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.</P>

                <P>(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 <E T="03">et seq.</E>).</P>

                <P>(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 <PRTPAGE P="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.</P>
                <CITA>[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.304</SECTNO>
                <SUBJECT>Type of occupational health services.</SUBJECT>
                <P>The type of occupational health services made available to occupying agencies will be as follows:</P>
                <P>(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.</P>
                <P>(b) Preemployment examinations of persons selected for appointment.</P>
                <P>(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.</P>
                <P>(d) Administration, in the discretion of the responsible health service unit physician, of treatments and medications</P>
                <P>(1) Furnished by the employee and prescribed in writing by his personal physician as reasonably necessary to maintain the employee at work, and</P>
                <P>(2) Prescribed by a physician providing medical care in performance-of-duty injury or illness cases under the Federal Employees’ Compensation Act.</P>
                <P>(e) Preventive services within the competence of the professional staff</P>
                <P>(1) To appraise and report work environment health hazards as an aid in preventing and controlling health risks;</P>
                <P>(2) To provide health education to encourage employees to maintain personal health; and</P>
                <P>(3) To provide specific disease screening examinations and immunizations.</P>
                <P>(f) In addition, employees may be referred, upon their request, to private physicians, dentists, and other community health resources.</P>
                <CITA>[30 FR 12883, Oct. 9, 1965, as amended at 35 FR 6651, Apr. 25, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.305</SECTNO>
                <SUBJECT>Agency participation.</SUBJECT>
                <P>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 § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.306</SECTNO>
                <SUBJECT>Economic feasibility.</SUBJECT>
                <P>(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 § 101-5.104.</P>

                <P>(b) Each determination to provide health services will be governed by the principles stated in § 101-5.303 and will be in consonance with the general standards and guidelines furnished Federal agencies by the Public Health <PRTPAGE P="39"/>Service of the Department of Health, Education, and Welfare.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-5.307</SECTNO>
                <SUBJECT>Public Health Service.</SUBJECT>
                <P>(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 § 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.</P>
                <P>(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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-5.4—101-5.48 [Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-5.49—Forms, Reports, and Instructions</HD>
              <SECTION>
                <SECTNO>§ 101-5.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[30 FR 4359, Apr. 3, 1965]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-6</EAR>
            <HD SOURCE="HED">PART 101-6—MISCELLANEOUS REGULATIONS</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-6.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SUBPART>
                <RESERVED>Subpart 101-6.1[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.2—Nondiscrimination in Programs Receiving Federal Financial Assistance</HD>
                <SECTNO>101-6.201</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-6.202</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>101-6.203</SECTNO>
                <SUBJECT>Application of subpart.</SUBJECT>
                <SECTNO>101-6.204</SECTNO>
                <SUBJECT>Discrimination prohibited.</SUBJECT>
                <SECTNO>101-6.204-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-6.204-2</SECTNO>
                <SUBJECT>Specific discriminatory actions prohibited.</SUBJECT>
                <SECTNO>101-6.204-3</SECTNO>
                <SUBJECT>Special programs.</SUBJECT>
                <SECTNO>101-6.205</SECTNO>
                <SUBJECT>Assurances required.</SUBJECT>
                <SECTNO>101-6.205-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-6.205-2</SECTNO>
                <SUBJECT>Continuing State programs.</SUBJECT>
                <SECTNO>101-6.205-3</SECTNO>
                <SUBJECT>Elementary and secondary schools.</SUBJECT>
                <SECTNO>101-6.205-4</SECTNO>
                <SUBJECT>Applicability of assurances.</SUBJECT>
                <SECTNO>101-6.206</SECTNO>
                <SUBJECT>Illustrative applications.</SUBJECT>
                <SECTNO>101-6.207—101-6.208</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.209</SECTNO>
                <SUBJECT>Compliance information.</SUBJECT>
                <SECTNO>101-6.209-1</SECTNO>
                <SUBJECT>Cooperation and assistance.</SUBJECT>
                <SECTNO>101-6.209-2</SECTNO>
                <SUBJECT>Compliance reports.</SUBJECT>
                <SECTNO>101-6.209-3</SECTNO>
                <SUBJECT>Access to sources of information.</SUBJECT>
                <SECTNO>101-6.209-4</SECTNO>
                <SUBJECT>Information to beneficiaries and participants.</SUBJECT>
                <SECTNO>101-6.210</SECTNO>
                <SUBJECT>Conduct of investigations.</SUBJECT>
                <SECTNO>101-6.210-1</SECTNO>
                <SUBJECT>Periodic compliance reviews.</SUBJECT>
                <SECTNO>101-6.210-2</SECTNO>
                <SUBJECT>Complaints.</SUBJECT>
                <SECTNO>101-6.210-3</SECTNO>
                <SUBJECT>Investigations.</SUBJECT>
                <SECTNO>101-6.210-4</SECTNO>
                <SUBJECT>Resolution of matters.</SUBJECT>
                <SECTNO>101-6.210-5</SECTNO>
                <SUBJECT>Intimidatory or retaliatory acts prohibited.</SUBJECT>
                <SECTNO>101-6.211</SECTNO>
                <SUBJECT>Procedure for effecting compliance.</SUBJECT>
                <SECTNO>101-6.211-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-6.211-2</SECTNO>
                <SUBJECT>Noncompliance with § 101-6.205.</SUBJECT>
                <SECTNO>101-6.211-3</SECTNO>
                <SUBJECT>Termination of or refusal to grant or to continue Federal financial assistance.</SUBJECT>
                <SECTNO>101-6.211-4</SECTNO>
                <SUBJECT>Other means authorized by law.</SUBJECT>
                <SECTNO>101-6.212</SECTNO>
                <SUBJECT>Hearings.</SUBJECT>
                <SECTNO>101-6.212-1</SECTNO>
                <SUBJECT>Opportunity for hearing.</SUBJECT>
                <SECTNO>101-6.212-2</SECTNO>
                <SUBJECT>Time and place of hearing.</SUBJECT>
                <SECTNO>101-6.212-3</SECTNO>
                <SUBJECT>Right to counsel.</SUBJECT>
                <SECTNO>101-6.212-4</SECTNO>
                <SUBJECT>Procedures, evidence, and record.</SUBJECT>
                <SECTNO>101-6.212-5</SECTNO>
                <SUBJECT>Consolidated or joint hearings.</SUBJECT>
                <SECTNO>101-6.213</SECTNO>
                <SUBJECT>Decisions and notices.</SUBJECT>
                <SECTNO>101-6.213-1</SECTNO>
                <SUBJECT>Decision by person other than the responsible GSA official.</SUBJECT>
                <SECTNO>101-6.213-2</SECTNO>
                <SUBJECT>Decisions on record or review by the responsible GSA official.</SUBJECT>
                <SECTNO>101-6.213-3</SECTNO>
                <SUBJECT>Decisions on record where a hearing is waived.</SUBJECT>
                <SECTNO>101-6.213-4</SECTNO>
                <SUBJECT>Rulings required.</SUBJECT>
                <SECTNO>101-6.213-5</SECTNO>
                <SUBJECT>Approval by Administrator.</SUBJECT>
                <SECTNO>101-6.213-6</SECTNO>
                <SUBJECT>Content of orders.</SUBJECT>
                <SECTNO>101-6.213-7</SECTNO>
                <SUBJECT>Post termination proceedings.</SUBJECT>
                <SECTNO>101-6.214</SECTNO>
                <SUBJECT>Judicial review.</SUBJECT>
                <SECTNO>101-6.215</SECTNO>
                <SUBJECT>Effect on other regulations; forms and instructions.</SUBJECT>
                <SECTNO>101-6.215-1</SECTNO>
                <SUBJECT>Effect on other regulations.</SUBJECT>
                <SECTNO>101-6.215-2</SECTNO>
                <SUBJECT>Forms and instructions.</SUBJECT>
                <SECTNO>101-6.215-3</SECTNO>
                <SUBJECT>Supervision and coordination.</SUBJECT>
                <SECTNO>101-6.216</SECTNO>
                <SUBJECT>Definitions.<PRTPAGE P="40"/>
                </SUBJECT>
                <SECTNO>101-6.217</SECTNO>
                <SUBJECT>Laws authorizing Federal financial assistance for programs to which this subpart applies.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.3—Ridesharing</HD>
                <SECTNO>101-6.300</SECTNO>
                <SUBJECT>Federal facility ridesharing—general policy.</SUBJECT>
                <SECTNO>101-6.301</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>101-6.302</SECTNO>
                <SUBJECT>Employee transportation coordinators.</SUBJECT>
                <SECTNO>101-6.303</SECTNO>
                <SUBJECT>Reporting procedures.</SUBJECT>
                <SECTNO>101-6.304</SECTNO>
                <SUBJECT>Exemptions.</SUBJECT>
                <SECTNO>101-6.305</SECTNO>
                <SUBJECT>Assistance to agencies.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.4—Official Use of Government Passenger Carriers Between Residence and Place of Employment</HD>
                <SECTNO>101-6.400</SECTNO>
                <SUBJECT>Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.5—Code of Ethics for Government Service</HD>
                <SECTNO>101-6.500</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.6—Fire Protection (Firesafety) Engineering</HD>
                <SECTNO>101-6.600</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-6.601</SECTNO>
                <SUBJECT>Background.</SUBJECT>
                <SECTNO>101-6.602</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <SECTNO>101-6.603</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>101-6.604</SECTNO>
                <SUBJECT>Requirements.</SUBJECT>
                <SECTNO>101-6.605</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-6.7—101-6.9[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.10—Federal Advisory Committee Management</HD>
                <SECTNO>101-6.1001</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <SECTNO>101-6.1002</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <SECTNO>101-6.1003</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>101-6.1004</SECTNO>
                <SUBJECT>Examples of advisory meetings or groups not covered by the Act or this subpart.</SUBJECT>
                <SECTNO>101-6.1005</SECTNO>
                <SUBJECT>Authorities for establishment of advisory committees.</SUBJECT>
                <SECTNO>101-6.1006</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1007</SECTNO>
                <SUBJECT>Agency procedures for establishing advisory committees.</SUBJECT>
                <SECTNO>101-6.1008</SECTNO>
                <SUBJECT>The role of GSA.</SUBJECT>
                <SECTNO>101-6.1009</SECTNO>
                <SUBJECT>Responsibilities of an agency head.</SUBJECT>
                <SECTNO>101-6.1010</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1011</SECTNO>
                <SUBJECT>Responsibilities of the chairperson of an independent Presidential advisory committee.</SUBJECT>
                <SECTNO>101-6.1012</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1013</SECTNO>
                <SUBJECT>Charter filing requirements.</SUBJECT>
                <SECTNO>101-6.1014</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1015</SECTNO>

                <SUBJECT>Advisory committee information which must be published in the <E T="04">Federal Register.</E>
                </SUBJECT>
                <SECTNO>101-6.1016</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1017</SECTNO>
                <SUBJECT>Responsibilities of the agency Committee Management Officer.</SUBJECT>
                <SECTNO>101-6.1018</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1019</SECTNO>
                <SUBJECT>Duties of the Designated Federal Officer.</SUBJECT>
                <SECTNO>101-6.1020</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1021</SECTNO>
                <SUBJECT>Public participation in advisory committee meetings.</SUBJECT>
                <SECTNO>101-6.1022</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1023</SECTNO>
                <SUBJECT>Procedures for closing an advisory committee meeting.</SUBJECT>
                <SECTNO>101-6.1024</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1025</SECTNO>
                <SUBJECT>Requirement for maintaining minutes of advisory committee meetings.</SUBJECT>
                <SECTNO>101-6.1026</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1027</SECTNO>
                <SUBJECT>Termination of advisory committees.</SUBJECT>
                <SECTNO>101-6.1028</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1029</SECTNO>
                <SUBJECT>Renewal and rechartering of advisory committees.</SUBJECT>
                <SECTNO>101-6.1030</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1031</SECTNO>
                <SUBJECT>Amendments to advisory committee charters.</SUBJECT>
                <SECTNO>101-6.1032</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1033</SECTNO>
                <SUBJECT>Compensation and expense reimbursement of advisory committee members, staffs and consultants.</SUBJECT>
                <SECTNO>101-6.1034</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.1035</SECTNO>
                <SUBJECT>Reports required for advisory committees.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-6.11—101-6.20[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.21—Intergovernmental Review of General Services Administration Programs and Activities</HD>
                <SECTNO>101-6.2100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-6.2101</SECTNO>
                <SUBJECT>What is the purpose of these regulations?</SUBJECT>
                <SECTNO>101-6.2102</SECTNO>
                <SUBJECT>What definitions apply to these regulations?</SUBJECT>
                <SECTNO>101-6.2103</SECTNO>
                <SUBJECT>What programs and activities of GSA are subject to these regulations?</SUBJECT>
                <SECTNO>101-6.2104</SECTNO>
                <SUBJECT>What are the Administrator's general responsibililties under the Order?</SUBJECT>
                <SECTNO>101-6.2105</SECTNO>
                <SUBJECT>What is the Administrator's obligation with respect to Federal interagency coordination?</SUBJECT>
                <SECTNO>101-6.2106</SECTNO>
                <SUBJECT>What procedures apply to the selection of programs and activities under these regulations?</SUBJECT>
                <SECTNO>101-6.2107</SECTNO>
                <SUBJECT>How does the Administrator communicate with State and local officials concerning GSA's programs and activities?</SUBJECT>
                <SECTNO>101-6.2108</SECTNO>
                <SUBJECT>How does the Administrator provide States an opportunity to comment on proposed Federal financial assistance and direct Federal development?</SUBJECT>
                <SECTNO>101-6.2109</SECTNO>
                <SUBJECT>How does the Administrator receive and respond to comments?</SUBJECT>
                <SECTNO>101-6.2110</SECTNO>

                <SUBJECT>How does the Administrator make efforts to accommodate intergovernmental concerns?<PRTPAGE P="41"/>
                </SUBJECT>
                <SECTNO>101-6.2111</SECTNO>
                <SUBJECT>What are the Administrator's obligations in interstate situations?</SUBJECT>
                <SECTNO>101-6.2112</SECTNO>
                <SUBJECT>How may a State simplify, consolidate, or substitute federally required State plans?</SUBJECT>
                <SECTNO>101-6.2113</SECTNO>
                <SUBJECT>May the Administrator waive any provision of these regulations?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-6.22—101-6.48[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-6.49—Illustrations</HD>
                <SECTNO>101-6.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-6.4901</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-6.4902</SECTNO>
                <SUBJECT>Format of certification required for budget submissions of estimates of obligations in excess of $100,000 for acquisitions of real and related personal property.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>31 U.S.C. 1344(e)(1); 40 U.S.C. 486(c).</P>
            </AUTH>
            <SECTION>
              <SECTNO>§ 101-6.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>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.</P>
              <APPRO>(5 U.S.C. 5724, and E.O. 11012, 27 FR 2983; 3 CFR, 1959-1963 Comp., p. 591) </APPRO>
              <CITA>[29 FR 15972, Dec. 1, 1964]</CITA>
            </SECTION>
            <SUBPART>
              <RESERVED>Subpart 101-6.1[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.2—Nondiscrimination in Programs Receiving Federal Financial Assistance</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>Sec. 602, 78 Stat. 252; 42 U.S.C. 2000d-1.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>29 FR 16287, Dec. 4, 1964, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-6.201</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[38 FR 17973, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.202</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.203</SECTNO>
                <SUBJECT>Application of subpart.</SUBJECT>

                <P>(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 § 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 § 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 § 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 <E T="04">Federal Register</E>.</P>
                <P>(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:</P>

                <P>(1) Department of Health, Education, and Welfare—donation or transfer of <PRTPAGE P="42"/>surplus property for purposes of education or public health (§ 101-6.217 (a)(2) and (b)).</P>
                <P>(2) Department of Defense—donation of surplus personal property for purposes of civil defense (§ 101-6.217(a)(2)).</P>
                <P>(3) Department of Transportation—donation of property for public airport purposes (§ 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.</P>
                <P>(4) Department of the Interior—disposal of surplus real property, including improvements, for use as a public park, public recreational area, or historic monument (§ 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.</P>
                <P>(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 (§ 101-6.217(q)).</P>
                <P>(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.</P>
                <CITA>[38 FR 17973, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.204</SECTNO>
                <SUBJECT>Discrimination prohibited.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.204-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.204-2</SECTNO>
                <SUBJECT>Specific discriminatory actions prohibited.</SUBJECT>
                <P>(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:</P>
                <P>(i) Deny an individual any service, financial aid, or other benefit provided under the program;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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 § 101-6.204-2).</P>

                <P>(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 <PRTPAGE P="43"/>program as respect individuals of a particular race, color, or national origin.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(b) As used in this § 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.</P>
                <P>(c) The enumeration of specific forms of prohibited discrimination in this § 101-6.204-2 does not limit the generality of the porhibition in § 101-6.204-1.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.204-3</SECTNO>
                <SUBJECT>Special programs.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.205</SECTNO>
                <SUBJECT>Assurances required.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.205-1</SECTNO>
                <SUBJECT>General.</SUBJECT>

                <P>(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 § 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 <PRTPAGE P="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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17973, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.205-2</SECTNO>
                <SUBJECT>Continuing State programs.</SUBJECT>

                <P>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 <PRTPAGE P="45"/>all recipients of Federal financial assistance under such program will comply with all requirements imposed by or pursuant to this subpart.</P>
                <CITA>[38 FR 17974, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.205-3</SECTNO>
                <SUBJECT>Elementary and secondary schools.</SUBJECT>
                <P>The requirements of §§ 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.</P>
                <CITA>[38 FR 17974, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.205-4</SECTNO>
                <SUBJECT>Applicability of assurances.</SUBJECT>
                <P>(a) In the case of any application for Federal financial assistance to an institution of higher education, the assurance required by this § 101-6.205 shall extend to admission practices and to all other practices relating to the treatment of students.</P>
                <P>(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.</P>
                <P>(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 § 101-6.205 shall be applicable to the entire installation or facility.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.206</SECTNO>
                <SUBJECT>Illustrative applications.</SUBJECT>
                <P>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):</P>
                <P>(a) In the programs involving the transfer of surplus property for airport, park or recreation, historic monument, wildlife conservation, or street widening purposes (§ 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.</P>

                <P>(b) In the program involving the loan of machine tools to nonprofit institutions or training schools (§ 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 <PRTPAGE P="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 § 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 § 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.</P>
                <P>(c) In the programs involving the donation of personal property to public bodies or the American National Red Cross (§ 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.</P>

                <P>(d) In the program involving the donation of personal property to eleemosynary institutions (§ 101-6.217(<E T="03">1</E>)), 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 § 101-6.205-4(b).</P>
                <P>(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 (§ 101-6.217 (i) and (k)), discrimination by segregation or otherwise in providing benefits or services is prohibited.</P>
                <P>(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 (§ 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.</P>
                <P>(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 (§ 101-6.217(q)), discrimination in the selection and assignment of tenants is prohibited.</P>
                <P>(h) A recipient may not take action that is calculated to bring about indirectly what this subpart forbids it to accomplish directly.</P>
                <P>(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 § 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.</P>
                <P>(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.</P>
                <CITA>[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="47"/>
                <SECTNO>§§ 101-6.207—101-6.208</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.209</SECTNO>
                <SUBJECT>Compliance information.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.209-1</SECTNO>
                <SUBJECT>Cooperation and assistance.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.209-2</SECTNO>
                <SUBJECT>Compliance reports.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.209-3</SECTNO>
                <SUBJECT>Access to sources of information.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.209-4</SECTNO>
                <SUBJECT>Information to beneficiaries and participants.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.210</SECTNO>
                <SUBJECT>Conduct of investigations.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.210-1</SECTNO>
                <SUBJECT>Periodic compliance reviews.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.210-2</SECTNO>
                <SUBJECT>Complaints.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.210-3</SECTNO>
                <SUBJECT>Investigations.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.210-4</SECTNO>
                <SUBJECT>Resolution of matters.</SUBJECT>

                <P>(a) If an investigation pursuant to § 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 <PRTPAGE P="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 § 101-6.211.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.210-5</SECTNO>
                <SUBJECT>Intimidatory or retaliatory acts prohibited.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.211</SECTNO>
                <SUBJECT>Procedure for effecting compliance.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.211-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.211-2</SECTNO>
                <SUBJECT>Noncompliance with § 101-6.205.</SUBJECT>
                <P>If an applicant fails or refuses to furnish an assurance required under § 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 § 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 § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.211-3</SECTNO>
                <SUBJECT>Termination of or refusal to grant or to continue Federal financial assistance.</SUBJECT>
                <P>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 § 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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="49"/>
                <SECTNO>§ 101-6.211-4</SECTNO>
                <SUBJECT>Other means authorized by law.</SUBJECT>
                <P>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.</P>
                <CITA>[38 FR 17974, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.212</SECTNO>
                <SUBJECT>Hearings.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.212-1</SECTNO>
                <SUBJECT>Opportunity for hearing.</SUBJECT>
                <P>Whenever an opportunity for a hearing is required by § 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:</P>
                <P>(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 § 101-6.211-3, and consent to the making of a decision on the basis of such information as is available.</P>
                <P>(b) [Reserved]</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.212-2</SECTNO>
                <SUBJECT>Time and place of hearing.</SUBJECT>
                <P>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).</P>
                <CITA>[38 FR 17974, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.212-3</SECTNO>
                <SUBJECT>Right to counsel.</SUBJECT>
                <P>In all proceedings under this § 101-6.212 the applicant or recipient and GSA shall have the right to be represented by counsel.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.212-4</SECTNO>
                <SUBJECT>Procedures, evidence, and record.</SUBJECT>
                <P>(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 § 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.</P>

                <P>(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, <PRTPAGE P="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.</P>
                <CITA>[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17974, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.212-5</SECTNO>
                <SUBJECT>Consolidated or joint hearings.</SUBJECT>
                <P>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 § 101-6.213.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213</SECTNO>
                <SUBJECT>Decisions and notices.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213-1</SECTNO>
                <SUBJECT>Decision by person other than the responsible GSA official.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213-2</SECTNO>
                <SUBJECT>Decisions on record or review by the responsible GSA official.</SUBJECT>
                <P>Whenever a record is certified to the responsible GSA official for decision or he reviews the decision of a hearing examiner pursuant to § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213-3</SECTNO>
                <SUBJECT>Decisions on record where a hearing is waived.</SUBJECT>
                <P>Whenever a hearing is waived pursuant to § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213-4</SECTNO>
                <SUBJECT>Rulings required.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213-5</SECTNO>
                <SUBJECT>Approval by Administrator.</SUBJECT>

                <P>Any final decision of a responsible GSA official (other than the Administrator) which provides for the suspension or termination of, or the refusal to <PRTPAGE P="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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213-6</SECTNO>
                <SUBJECT>Content of orders.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.213-7</SECTNO>
                <SUBJECT>Post termination proceedings.</SUBJECT>
                <P>(a) An applicant or recipient adversely affected by an order issued under § 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 § 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 § 101-6.205-3 and provides reasonable assurance that it will comply with this court order or plan.</P>
                <P>(b) Any applicant or recipient adversely affected by an order entered pursuant to § 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.</P>
                <P>(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 § 101-6.213-6 shall remain in effect.</P>
                <CITA>[38 FR 17975, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.214</SECTNO>
                <SUBJECT>Judicial review.</SUBJECT>
                <P>Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.215</SECTNO>
                <SUBJECT>Effect on other regulations; forms and instructions.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.215-1</SECTNO>
                <SUBJECT>Effect on other regulations.</SUBJECT>

                <P>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 <PRTPAGE P="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):</P>
                <P>(a) Executive Orders 10925, 11114, and 11246, and regulations issued thereunder.</P>
                <P>(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.</P>
                <CITA>[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.215-2</SECTNO>
                <SUBJECT>Forms and instructions.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.215-3</SECTNO>
                <SUBJECT>Supervision and coordination.</SUBJECT>
                <P>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 § 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.</P>
                <CITA>[38 FR 17975, July 5, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.216</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>As used in this subpart:</P>
                <P>(a) The term <E T="03">General Services Administration</E> or <E T="03">GSA</E> includes each of its operating services and other organizational units.</P>
                <P>(b) The term <E T="03">Administrator</E> means the Administrator of General Services.</P>
                <P>(c) The term <E T="03">responsible GSA official</E> 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.</P>
                <P>(d) The term <E T="03">United States</E> 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 <E T="03">State</E> means any one of the foregoing.</P>
                <P>(e) The term <E T="03">Federal financial assistance</E> 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.</P>
                <P>(f) The term <E T="03">program</E> 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 <PRTPAGE P="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.</P>
                <P>(g) The term <E T="03">facility</E> 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.</P>
                <P>(h) The term <E T="03">recipient</E> 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.</P>
                <P>(i) The term <E T="03">primary recipient</E> means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.</P>
                <P>(j) The term <E T="03">applicant</E> 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 <E T="03">application</E> means such an application, request, or plan.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.217</SECTNO>
                <SUBJECT>Laws authorizing Federal financial assistance for programs to which this subpart applies.</SUBJECT>
                <P>(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)).</P>
                <P>(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)).</P>
                <P>(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)).</P>
                <P>(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).</P>
                <P>(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)).</P>
                <P>(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).</P>
                <P>(e) Disposal of real property to States for wildlife conservation purposes (Act of May 19, 1948, 16 U.S.C. 667b-d).</P>
                <P>(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)).</P>

                <P>(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.<PRTPAGE P="54"/>
                </P>
                <P>(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.</P>
                <P>(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).</P>

                <P>(j) Donation of surplus property to the American National Red Cross (section 203(<E T="03">l</E>) of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 484(<E T="03">l</E>)).</P>
                <P>(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).</P>
                <P>(l) Donation of forfeited distilled spirits, wine, and malt beverages to eleemosynary institutions (26 U.S.C. 5688).</P>
                <P>(m) Donation of surplus Federal records (Federal Records Disposal Act of 1943, 44 U.S.C. 366-380).</P>
                <P>(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).</P>
                <P>(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>
                <P>(p) District of Columbia grant-in-aid hospital program (60 Stat. 896, as amended).</P>
                <P>(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).</P>
                <P>(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).</P>
                <P>(s) Conveyance of certain lands and property to the State of Hawaii without reimbursement (Pub. L. 88-233, 77 Stat. 472).</P>
                <CITA>[29 FR 16287, Dec. 4, 1964, as amended at 38 FR 17975, July 5, 1973]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.3—Ridesharing</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c), Executive Order 12191 dated February 1, 1980.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>49 FR 20289, May 14, 1984, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-6.300</SECTNO>
                <SUBJECT>Federal facility ridesharing—general policy.</SUBJECT>
                <P>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.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(c) Agencies are required to submit a Federal Facility Ridesharing Report to GSA by June 1 of each year (see § 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(f) Whenever feasible, agencies should consider providing for flexibility in employee working hours to facilitate ridesharing arrangements.</P>
                <P>(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.</P>
                <CITA>[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988; 66 FR 5358, Jan. 18, 2001]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.301</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>(a) <E T="03">Ridesharing.</E> 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.</P>
                <P>(b) <E T="03">Ridematching.</E> Any manual or automated system that gathers commuter information from interested individuals and processes this information to identify potential ridesharing arrangements among these individuals.</P>
                <P>(c) <E T="03">Facility.</E> Either a single building or a group of buildings or work locations at a common site.</P>
                <P>(d) <E T="03">Third party operator.</E> A ridesharing agency or other organization, whether public or private, that leases vans or buses to employers or individual employees.</P>
                <P>(e) <E T="03">Federal facility employee transportation coordinator.</E> 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.</P>
                <P>(f) <E T="03">Agencywide employee transportation coordinator.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.302</SECTNO>
                <SUBJECT>Employee transportation coordinators.</SUBJECT>
                <P>(a) <E T="03">Federal facility employee transportation coordinator.</E> 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:</P>
                <P>(1) Promote ridesharing at the facility by:<PRTPAGE P="56"/>
                </P>
                <P>(i) Publicizing the name, location, and telephone number of the employee transportation coordinator by using bulletin boards, memoranda, newsletters, etc.;</P>
                <P>(ii) Assisting employees in joining or forming carpools or vanpools;</P>
                <P>(iii) Aiding employee participation in ridematching programs (Where ridematching programs do not exist, action should be taken to establish them);</P>
                <P>(iv) Working closely with the parking management offices to promote ridesharing through preferential parking incentives;</P>
                <P>(v) Establishing ridesharing orientation for new and transferring employees at the facility;</P>
                <P>(vi) Utilizing ridesharing resources provided by State and local ridesharing agencies and participating in special ridesharing events;</P>
                <P>(vii) Publicizing the availability of public transportation;</P>
                <P>(viii) Communicating employee transportation needs to local public transportation authorities and other organizations (such as private bus companies) furnishing multipassenger modes of transportation; and</P>
                <P>(ix) Establishing ridesharing goals and objectives for the facility.</P>
                <P>(2) Prepare a facility report for annual submission to the agencywide coordinator.</P>
                <P>(b) <E T="03">Agencywide employee transportation coordinator.</E> Agencies shall appoint an individual to serve as an agencywide ETC. The agencywide ETC shall:</P>
                <P>(1) Serve as a point of contact for the agency's facility ETC's;</P>
                <P>(2) Serve as a liaison between other agencywide ETC's, State, and local ridesharing agencies and the GSA Central Office;</P>
                <P>(3) Assist in the development and implementation of an agencywide ridesharing program; and</P>
                <P>(4) Submit promptly any change in the name, address, title, or telephone number of the agencywide ETC to GSA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.303</SECTNO>
                <SUBJECT>Reporting procedures.</SUBJECT>
                <P>(a) The head of each agency shall submit to GSA by June 1 of each year a report which shall include:</P>
                <P>(1) The name, address, title, and telephone number of the agencywide ETC;</P>
                <P>(2) A narrative on actions taken and barriers encountered in promoting ridesharing within the agency;</P>
                <P>(3) Information on any notable facility achievements; and</P>
                <P>(4) A copy of instructions issued to the agency's facility ETC's for implementing the Federal Facility Ridesharing Program.</P>
                <P>(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).</P>
                <P>(c) Interagency report control number 0258-GSA-AN has been assigned to this report.</P>
                <CITA>[49 FR 20289, May 14, 1984, as amended at 53 FR 27518, July 21, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.304</SECTNO>
                <SUBJECT>Exemptions.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.305</SECTNO>
                <SUBJECT>Assistance to agencies.</SUBJECT>
                <P>(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 § 101-6.303(b).</P>

                <P>(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 <PRTPAGE P="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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.4—Official Use of Government Passenger Carriers Between Residence and Place of Employment</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>65 FR 54966, Sept. 12, 2000, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-6.400</SECTNO>
                <SUBJECT>Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.5—Code of Ethics for Government Service</HD>
              <SECTION>
                <SECTNO>§ 101-6.500</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>(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.</P>
                <P>(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).</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[58 FR 21945, Apr. 28, 1994]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.6—Fire Protection (Firesafety) Engineering</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>59 FR 54531, Nov. 1, 1994, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-6.600</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>

                <P>(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 <E T="03">equivalent level of safety.</E> 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.</P>

                <P>(b) For more information on fire protection (firesafety) engineering, see 41 <PRTPAGE P="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.</P>
                <CITA>[59 FR 54531, Nov. 1, 1994, as amended at 66 FR 5358, Jan. 18, 2001]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.601</SECTNO>
                <SUBJECT>Background.</SUBJECT>

                <P>(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 <E T="03">et seq.</E>) to require sprinklers or an <E T="03">equivalent of safety</E>, in certain types of Federal employee office buildings, Federal employee housing units, and federally assisted housing units.</P>

                <P>(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 <E T="03">protect human lives</E>. 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.</P>
                <P>(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.</P>
                <P>(d) The <E T="03">equivalent level of safety</E> 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 <E T="03">equivalent level of safety</E> analysis. Thorough prefire planning will allow firefighters to choose whether or not to enter a burning building solely to fight a fire.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.602</SECTNO>
                <SUBJECT>Application.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.603</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>(a) <E T="03">Qualified fire protection engineer</E> 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:</P>
                <P>(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,</P>
                <P>(2) A professional engineer (P.E. or similar designation) registered in Fire Protection Engineering, or</P>
                <P>(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.</P>
                <P>(b) <E T="03">Flashover</E> means fire conditions in a confined area where the upper gas layer temperature reaches 600 °C (1100 °F) and the heat flux at floor level exceeds 20 kW/m<SU>2</SU> (1.8 Btu/ft<SU>2</SU>/sec).</P>
                <P>(c) <E T="03">Reasonable worst case fire scenario</E> means a combination of an ignition source, fuel items, and a building location likely to produce a fire which <PRTPAGE P="59"/>would have a significant adverse impact on the building and its occupants. The development of <E T="03">reasonable worst case scenarios</E> 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.</P>
                <P>(d) <E T="03">Room of origin</E> 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<SU>2</SU> (2000 ft<SU>2</SU>) including intervening spaces. In the case of residential units, an entire apartment occupied by one tenant could be considered as the <E T="03">room of origin</E> to the extent it did not exceed the 200 m<SU>2</SU> (2000 ft<SU>2</SU>) limitation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.604</SECTNO>
                <SUBJECT>Requirements.</SUBJECT>
                <P>(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.</P>

                <P>(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 <E T="03">equivalent level of safety</E> exists.</P>

                <P>(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 <E T="03">reasonable worst case fire scenarios</E> 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 <E T="03">equivalent level of safety.</E>
                </P>

                <P>(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 <PRTPAGE P="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 <E T="03">equivalent level of safety.</E>
                </P>
                <P>(3) As a third option, other technical analysis procedures, as approved by the responsible agency head, can be used to show equivalency.</P>
                <P>(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).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.605</SECTNO>
                <SUBJECT>Responsibility.</SUBJECT>

                <P>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 <E T="03">equivalent level of safety</E> 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 <E T="03">equivalent level of safety</E> analysis and provide copies to fire departments or other local authorities for use in developing prefire plans.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-6.7—101-6.9[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.10—Federal Advisory Committee Management</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>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.</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>52 FR 45929, Dec. 2, 1987, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-6.1001</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <P>(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.</P>
                <P>(b) The Act and this subpart do not apply to advisory meetings or groups listed in § 101-6.1004.</P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1002</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <P>The policy to be followed by Federal departments, agencies, and commissions, consistent with the Federal Advisory Committee Act, as amended, is as follows:</P>
                <P>(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;</P>

                <P>(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 <PRTPAGE P="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;</P>
                <P>(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</P>
                <P>(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).</P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1003</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>
                  <E T="03">Act</E> means the Federal Advisory Committee Act, as amended, 5 U.S.C., App.</P>
                <P>
                  <E T="03">Administrator</E> means the Administrator of General Services.</P>
                <P>
                  <E T="03">Advisory committee</E> 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.</P>
                <P>
                  <E T="03">Agency</E> has the same meaning as in section 551(1) of title 5 of the United States Code.</P>
                <P>
                  <E T="03">Committee Management Secretariat</E> (<E T="03">Secretariat</E>), 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.</P>
                <P>
                  <E T="03">Committee member</E> 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.</P>
                <P>
                  <E T="03">Presidential advisory committee</E> 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.</P>
                <P>
                  <E T="03">Staff member</E> means any individual who serves in a support capacity to an advisory committee.</P>
                <P>
                  <E T="03">Utilized</E> (or <E T="03">used</E>), as referenced in the definition of <E T="03">Advisory committee</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1004</SECTNO>
                <SUBJECT>Examples of advisory meetings or groups not covered by the Act or this subpart.</SUBJECT>
                <P>The following are examples of advisory meetings or groups not covered by the Act or this subpart;</P>
                <P>(a) Any committee composed wholly of full-time officers or employees of the Federal Government;</P>
                <P>(b) Any advisory committee specifically exempted by an Act of Congress;</P>
                <P>(c) Any advisory committee established or utilized by the Central Intelligence Agency;</P>
                <P>(d) Any advisory committee established or utilized by the Federal Reserve System;</P>
                <P>(e) The Advisory Committee on Intergovernmental Relations;</P>

                <P>(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 <PRTPAGE P="62"/>make recommendations to State or local officials or agencies;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1005</SECTNO>
                <SUBJECT>Authorities for establishment of advisory committees.</SUBJECT>
                <P>An advisory committee may be established in one of four ways:</P>
                <P>(a) By law where the Congress specifically directs the President or an agency to establish it;</P>
                <P>(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 § 101-6.1007;</P>
                <P>(c) By the President by Executive Order; or</P>
                <P>(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 § 101-6.1007.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1006</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1007</SECTNO>
                <SUBJECT>Agency procedures for establishing advisory committees.</SUBJECT>
                <P>(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.</P>
                <P>(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:</P>
                <P>(1) Prepare a proposed charter for the committee which includes the information listed in section 9(c) of the Act; and</P>
                <P>(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:</P>
                <P>(i) An explanation of why the committee is essential to the conduct of agency business and in the public interest;</P>
                <P>(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</P>

                <P>(iii) A description of the agency's plan to attain fairly balanced membership. The plan will ensure that, in the <PRTPAGE P="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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) The agency shall notify the Secretariat in writing that either:</P>
                <P>(1) The advisory committee is being established. The filing of the advisory committee charter as specified in § 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 § 101-6.1009 for an established advisory committee; or</P>
                <P>(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.</P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1008</SECTNO>
                <SUBJECT>The role of GSA.</SUBJECT>
                <P>(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 § 101-6.1009 and § 101-6.1017 of this rule, agencies shall conform to the guidelines prescribed by GSA.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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 § 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.</P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1009</SECTNO>
                <SUBJECT>Responsibilities of an agency head.</SUBJECT>
                <P>The head of each agency that uses one or more advisory committees shall ensure:</P>
                <P>(a) Compliance with the Act and this subpart;</P>

                <P>(b) Issuance of administrative guidelines and management controls which <PRTPAGE P="64"/>apply to all advisory committees established or used by the agency;</P>
                <P>(c) Designation of a Committee Management Officer who shall carry out the functions specified in section 8(b) of the Act;</P>
                <P>(d) Provision of a written determination stating the reasons for closing any advisory committee meeting to the public;</P>
                <P>(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;</P>
                <P>(f) Rates of pay are justified and levels of agency support are adequate;</P>
                <P>(g) The appointment of a Designated Federal Officer for each advisory committee and its subcommittees;</P>
                <P>(h) The opportunity for reasonable public participation in advisory committee activities;</P>
                <P>(i) That the number of committee members is limited to the fewest necessary to accomplish committee objectives;</P>
                <P>(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</P>
                <P>(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.</P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41215, Oct. 5, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1010</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1011</SECTNO>
                <SUBJECT>Responsibilities of the chairperson of an independent Presidential advisory committee.</SUBJECT>
                <P>The chairperson of an independent Presidential advisory committee shall comply with the Act and this subpart and shall:</P>
                <P>(a) Consult with the Administrator concerning the role of the Designated Federal Officer and Committee Management Officer;</P>
                <P>(b) Fulfill the responsibilities of an agency head as specified in paragraphs (d), (h) and (j) of § 101-6.1009; and</P>
                <P>(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.</P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1012</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1013</SECTNO>
                <SUBJECT>Charter filing requirements.</SUBJECT>
                <P>No advisory committee may operate, meet, or take any action until its charter has been filed as follows:</P>
                <P>(a) <E T="03">Advisory committee established, used, reestablished, or renewed by an agency.</E> The agency head shall file—</P>
                <P>(1) The charter with the standing committees of the Senate and the House of Representatives having legislative jurisdiction of the agency;</P>
                <P>(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</P>
                <P>(3) A copy of the charter indicating the Congressional filing date, with the Secretariat.</P>
                <P>(b) <E T="03">Advisory committee specifically directed by law or authorized by law.</E> Procedures are the same as in paragraph (a) of this section.</P>
                <P>(c) <E T="03">Presidential advisory committee.</E> 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—</P>
                <P>(1) The charter with the Secretariat;</P>
                <P>(2) A copy of the filed charter with the Library of Congress; and</P>

                <P>(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 <PRTPAGE P="65"/>the independent Presidential advisory committee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1014</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1015</SECTNO>
                <SUBJECT>Advisory committee information which must be published in the Federal Register.</SUBJECT>
                <P>(a) <E T="03">Committee establishment, reestablishment, or renewal.</E> (1) A notice in the <E T="04">Federal Register</E> 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 § 101-6.1007, the agency shall publish a notice in the <E T="04">Federal Register</E> 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.</P>
                <P>(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.</P>
                <P>(b) <E T="03">Committee meetings.</E> (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 <E T="04">Federal Register</E>, which includes:</P>
                <P>(i) The exact name of the advisory committee as chartered;</P>
                <P>(ii) The time, date, place, and purpose of the meeting;</P>
                <P>(iii) A summary of the agenda; and</P>
                <P>(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.</P>

                <P>(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 <E T="04">Federal Register.</E>
                </P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1016</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1017</SECTNO>
                <SUBJECT>Responsibilities of the agency Committee Management Officer.</SUBJECT>
                <P>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:</P>
                <P>(a) A set of approved charters and membership lists for each advisory committee;</P>
                <P>(b) Copies of the agency's portion of the Annual Report of Federal Advisory Committees required by paragraph (b) of § 101-6.1035;</P>
                <P>(c) Agency guidelines on committee management operations and procedures as maintained and updated; and</P>
                <P>(d) Agency determinations to close advisory committee meetings as required by paragraph (c) of § 101-6.1023.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1018</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1019</SECTNO>
                <SUBJECT>Duties of the Designated Federal Officer.</SUBJECT>
                <P>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:</P>
                <P>(a) Must approve or call the meeting of the advisory committee;</P>
                <P>(b) Must approve the agenda;</P>
                <P>(c) Must attend the meetings;</P>
                <P>(d) Shall adjourn the meetings when such adjournment is in the public interest; and</P>

                <P>(e) Chairs the meeting when so directed by the agency head.<PRTPAGE P="66"/>
                </P>
                <P>(f) The requirement in paragraph (b) of this section does not apply to a Presidential advisory committee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1020</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1021</SECTNO>
                <SUBJECT>Public participation in advisory committee meetings.</SUBJECT>
                <P>The agency head, or the chairperson of an independent Presidential advisory committee, shall ensure that—</P>
                <P>(a) Each advisory committee meeting is held at a reasonable time and in a place reasonably accessible to the public;</P>
                <P>(b) The meeting room size is sufficient to accommodate advisory committee members, committee or agency staff, and interested members of the public;</P>
                <P>(c) Any member of the public is permitted to file a written statement with the advisory committee; and</P>
                <P>(d) Any member of the public may speak at the advisory committee meeting if the agency's guidelines so permit.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1022</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1023</SECTNO>
                <SUBJECT>Procedures for closing an advisory committee meeting.</SUBJECT>
                <P>(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 § 101-6.1015(b).</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) The agency head, or the chairperson of an independent Presidential advisory committee, shall:</P>
                <P>(1) Make a copy of the determination available to the public upon request; and</P>

                <P>(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 <E T="04">Federal Register</E>.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1024</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1025</SECTNO>
                <SUBJECT>Requirement for maintaining minutes of advisory committee meetings.</SUBJECT>
                <P>(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:</P>
                <P>(1) Time, date, and place;</P>
                <P>(2) A list of the following persons who were present:</P>
                <P>(i) Advisory committee members and staff;</P>
                <P>(ii) Agency employees; and</P>
                <P>(iii) Members of the public who presented oral or written statements;</P>
                <P>(3) An estimated number of other members of the public present;</P>
                <P>(4) An accurate description of each matter discussed and the resolution, if any, made by the committee of such matter; and</P>
                <P>(5) Copies of each report or other document received, issued, or approved by the committee.</P>
                <P>(b) The chairperson of each advisory committee shall certify to the accuracy of all minutes of advisory committee meetings.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1026</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1027</SECTNO>
                <SUBJECT>Termination of advisory committees.</SUBJECT>
                <P>(a) Any advisory committee shall automatically terminate not later than 2 years after it is established, reestablished, or renewed, unless:</P>

                <P>(1) Its duration is otherwise provided for by law;<PRTPAGE P="67"/>
                </P>
                <P>(2) The President or agency head renews it prior to the end of such period; or</P>
                <P>(3) The President or agency head terminates it before that time by revoking or abolishing its establishment authority.</P>
                <P>(b) If an agency head terminates an advisory committee, the agency shall notify the Secretariat of the effective date of termination.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1028</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1029</SECTNO>
                <SUBJECT>Renewal and rechartering of advisory committees.</SUBJECT>
                <P>(a) Advisory committees specifically directed by law:</P>
                <P>(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.</P>
                <P>(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 § 101-6.1007.</P>
                <P>(b) Advisory committees established by the President may be renewed by appropriate action of the President and the filing of a new charter.</P>
                <P>(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 § 101-6.1007.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1030</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1031</SECTNO>
                <SUBJECT>Amendments to advisory committee charters.</SUBJECT>
                <P>(a) <E T="03">Committees specifically directed by law or authorized by law; or established by the President.</E> 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:</P>
                <P>(1) Amend those sections of the current charter affected by the new law or Executive Order; and</P>
                <P>(2) File the amended charter as specified in § 101-6.1013.</P>
                <P>(b) <E T="03">Committees established or used by an agency.</E> 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 § 101-6.1029.</P>
                <P>(1) To make a minor amendment to a committee charter, an agency shall:</P>
                <P>(i) Amend the charter language as necessary, and</P>
                <P>(ii) File the amended charter as specified in § 101-6.1013.</P>
                <P>(2) To make a major amendment to a committee charter, an agency shall:</P>
                <P>(i) Amend the charter language as necessary;</P>
                <P>(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</P>
                <P>(iii) File the amended charter as specified in § 101-6.1013.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="68"/>
                <SECTNO>§ 101-6.1032</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1033</SECTNO>
                <SUBJECT>Compensation and expense reimbursement of advisory committee members, staffs and consultants.</SUBJECT>
                <P>(a) <E T="03">Uniform pay guidelines for members of an advisory committee.</E> 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.</P>
                <P>(b) <E T="03">Pay for staff members of an advisory committee.</E> 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.</P>
                <P>(1) In establishing rates of compensation, the agency head shall comply with any applicable statutes, regulations, Executive Orders, and administrative guidelines.</P>
                <P>(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.</P>
                <P>(c) <E T="03">Pay for consultants to an advisory committee.</E> 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.</P>
                <P>(d) <E T="03">Gratuitous services.</E> 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.</P>
                <P>(e) <E T="03">Travel expenses.</E> 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.</P>
                <P>(f) <E T="03">Services for handicapped members.</E> 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:</P>

                <P>(1) Qualifies as a handicapped individual as defined by section 501 of the <PRTPAGE P="69"/>Rehabilitation Act of 1973 (29 U.S.C. 794); and</P>
                <P>(2) Does not otherwise qualify for assistance under 5 U.S.C. 3102 by reason of being an employee of an agency.</P>
                <P>(g) <E T="03">Exclusions.</E> (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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1034</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.1035</SECTNO>
                <SUBJECT>Reports required for advisory committees.</SUBJECT>
                <P>(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 § 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;</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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 § 101-6.1013.</P>
                <CITA>[52 FR 45929, Dec. 2, 1987, as amended at 54 FR 41216, Oct. 5, 1989]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-6.11—101-6.20[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.21—Intergovernmental Review of General Services Administration Programs and Activities</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>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).</P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>48 FR 29329, June 24, 1983, unless otherwise noted.</P>
              </SOURCE>
              <EDNOTE>
                <HD SOURCE="HED">Editorial Note:</HD>
                <P>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.</P>
              </EDNOTE>
              <SECTION>
                <SECTNO>§ 101-6.2100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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).</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="70"/>
                <SECTNO>§ 101-6.2101</SECTNO>
                <SUBJECT>What is the purpose of these regulations?</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2102</SECTNO>
                <SUBJECT>What definitions apply to these regulations?</SUBJECT>
                <P>
                  <E T="03">GSA</E> means the U.S. General Services Administration.</P>
                <P>
                  <E T="03">Order</E> means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983, and titled “Intergovernmental Review of Federal Programs.”</P>
                <P>
                  <E T="03">Administrator</E> means the Administrator of General Services or an official or employee of GSA acting for the Administrator under a delegation of authority.</P>
                <P>
                  <E T="03">State</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2103</SECTNO>
                <SUBJECT>What programs and activities of GSA are subject to these regulations?</SUBJECT>
                <P>The Administrator publishes in the <E T="04">Federal Register</E> a list of GSA's programs and activities that are subject to these regulations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2104</SECTNO>
                <SUBJECT>What are the Administrator's general responsibilities under the Order?</SUBJECT>
                <P>(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.</P>
                <P>(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:</P>
                <P>(1) Uses the State process to determine official views of State and local elected officials;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(4) Allows the States to simplify and consolidate existing federally required State plan submissions;</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2105</SECTNO>
                <SUBJECT>What is the Administrator's obligation with respect to Federal interagency coordination?</SUBJECT>

                <P>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 <PRTPAGE P="71"/>regarding programs and activities covered under these regulations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2106</SECTNO>
                <SUBJECT>What procedures apply to the selection of programs and activities under these regulations?</SUBJECT>

                <P>(a) A State may select any program or activity published in the <E T="04">Federal Register</E> in accordance with § 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.</P>
                <P>(b) Each State that adopts a process shall notify the Administrator of the GSA programs and activities selected for that process.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2107</SECTNO>
                <SUBJECT>How does the Administrator communicate with State and local officials concerning GSA's programs and activities?</SUBJECT>
                <P>(a) [Reserved]</P>
                <P>(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:</P>
                <P>(1) The State has not adopted a process under the Order; or</P>

                <P>(2) The assistance or development involves a program or activity not selected for the State process.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>This notice may be made by publication in the <E T="04">Federal Register</E> or other appropriate means, which GSA in its discretion deems appropriate.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2108</SECTNO>
                <SUBJECT>How does the Administrator provide States an opportunity to comment on proposed Federal financial assistance and direct Federal development?</SUBJECT>
                <P>(a) Except in unusual circumstances, the Administrator gives State processes or directly affected State, areawide, regional and local officials and entities at least:</P>
                <P>(1) [Reserved]</P>
                <P>(2) 60 days from the date established by the Administrator to comment on proposed direct Federal development or Federal financial assistance.</P>
                <P>(b) This section also applies to comments in cases in which the review, coordination, and communication with GSA have been delegated.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2109</SECTNO>
                <SUBJECT>How does the Administrator receive and respond to comments?</SUBJECT>
                <P>(a) The Administrator follows the procedures in § 101-6.2110 if:</P>
                <P>(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</P>
                <P>(2) That office or official transmits a State process recommendation for a program selected under § 101-6.2106.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="72"/>by the single point of contact, the Administrator follows the procedures of § 101-6.2110 of this part.</P>
                <P>(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 § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2110</SECTNO>
                <SUBJECT>How does the Administrator make efforts to accommodate intergovernmental concerns?</SUBJECT>
                <P>(a) If a State process provides a State process recommendation to GSA through its single point of contact, the Administrator either:</P>
                <P>(1) Accepts the recommendation;</P>
                <P>(2) Reaches a mutually agreeable solution with the State process; or</P>
                <P>(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.</P>
                <P>(b) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of contact that:</P>
                <P>(1) GSA will not implement its decision for at least ten days after the single point of contact receives the explanation; or</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2111</SECTNO>
                <SUBJECT>What are the Administrator's obligations in interstate situations?</SUBJECT>
                <P>(a) The Administrator is responsible for:</P>
                <P>(1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas;</P>
                <P>(2) Notifying appropriate officials and entities in States which have adopted a process and which have selected a GSA program or activity;</P>
                <P>(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</P>
                <P>(4) Responding pursuant to § 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.</P>
                <P>(b) The Administrator uses the procedures in § 101-6.2110 if a State process provides a State process recommendation to GSA through a single point of contact.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.2112</SECTNO>
                <SUBJECT>How may a State simplify, consolidate, or substitute federally required State plans?</SUBJECT>
                <P>(a) As used in this section:</P>
                <P>(1) <E T="03">Simplify</E> means that a State may develop its own format, choose its own submission date, and select the planning period for a State plan.</P>
                <P>(2) <E T="03">Consolidate</E> 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.</P>
                <P>(3) <E T="03">Substitute</E> means that a State may use a plan or other document that it has developed for its own purposes to meet Federal requirements.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="73"/>
                <SECTNO>§ 101-6.2113</SECTNO>
                <SUBJECT>May the Administrator waive any provision of these regulations?</SUBJECT>
                <P>In an emergency, the Administrator may waive any provision of these regulations.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-6.22—101-6.48[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-6.49—Illustrations</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
              </AUTH>
              <SECTION>
                <SECTNO>§ 101-6.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>This subpart contains illustrations prescribed for use in connection with the subject matter covered in part 101-6.</P>
                <CITA>[37 FR 20542, Sept. 30, 1972]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.4901</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-6.4902</SECTNO>
                <SUBJECT>Format of certification required for budget submissions of estimates of obligations in excess of $100,000 for acquisitions of real and related personal property.</SUBJECT>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>The illustration in § 101-6.4902 is filed as part of the original document.</P>
                </NOTE>
                <CITA>[37 FR 20542, Sept. 30, 1972]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-8</EAR>
            <HD SOURCE="HED">PART 101-8—NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS</HD>
            <CONTENTS>
              <SUBPART>
                <RESERVED>Subparts 101-8.1—101-8.2[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-8.3—Discrimination Prohibited on the Basis of Handicap</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>101-8.300</SECTNO>
                <SUBJECT>Purpose and applicability.</SUBJECT>
                <SECTNO>101-8.301</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>101-8.302</SECTNO>
                <SUBJECT>General prohibitions.</SUBJECT>
                <SECTNO>101-8.303</SECTNO>
                <SUBJECT>Specific prohibitions.</SUBJECT>
                <SECTNO>101-8.304</SECTNO>
                <SUBJECT>Effect of State or local law or other requirements and effect of employment opportunities.</SUBJECT>
                <SECTNO>101-8.305</SECTNO>
                <SUBJECT>Employment practices prohibited.</SUBJECT>
                <SECTNO>101-8.306</SECTNO>
                <SUBJECT>Reasonable accommodation.</SUBJECT>
                <SECTNO>101-8.307</SECTNO>
                <SUBJECT>Employment criteria.</SUBJECT>
                <SECTNO>101-8.308</SECTNO>
                <SUBJECT>Preemployment inquiries.</SUBJECT>
                <SECTNO>101-8.309</SECTNO>
                <SUBJECT>Program accessibility.</SUBJECT>
                <SECTNO>101-8.310</SECTNO>
                <SUBJECT>New construction.</SUBJECT>
                <SECTNO>101-8.311</SECTNO>
                <SUBJECT>Historic preservation programs.</SUBJECT>
                <SECTNO>101-8.312</SECTNO>
                <SUBJECT>Procedures.</SUBJECT>
                <SECTNO>101-8.313</SECTNO>
                <SUBJECT>Self-evaluation.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-8.4—101-8.6[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-8.7—Discrimination Prohibited on the Basis of Age</HD>
                <SECTNO>101-8.700</SECTNO>
                <SUBJECT>Purpose of the Age Discrimination Act of 1975.</SUBJECT>
                <SECTNO>101-8.701</SECTNO>
                <SUBJECT>Scope of General Services Administration's age discrimination regulation.</SUBJECT>
                <SECTNO>101-8.702</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-8.703</SECTNO>
                <SUBJECT>Definitions of terms.</SUBJECT>
                <SECTNO>101-8.704</SECTNO>
                <SUBJECT>Rules against age discrimination.</SUBJECT>
                <SECTNO>101-8.705</SECTNO>
                <SUBJECT>Definition of normal operation and statutory objective.</SUBJECT>
                <SECTNO>101-8.706</SECTNO>
                <SUBJECT>Exceptions to the rules against age discrimination.</SUBJECT>
                <SECTNO>101-8.706-1</SECTNO>
                <SUBJECT>Normal operation or statutory objective of any program or activity.</SUBJECT>
                <SECTNO>101-8.706-2</SECTNO>
                <SUBJECT>Reasonable factors other than age.</SUBJECT>
                <SECTNO>101-8.707</SECTNO>
                <SUBJECT>Burden of proof.</SUBJECT>
                <SECTNO>101-8.708</SECTNO>
                <SUBJECT>Affirmative action by recipient.</SUBJECT>
                <SECTNO>101-8.709</SECTNO>
                <SUBJECT>Special benefits for children and the elderly.</SUBJECT>
                <SECTNO>101-8.710</SECTNO>
                <SUBJECT>Age distinctions contained in General Services Administration regulation.</SUBJECT>
                <SECTNO>101-8.711</SECTNO>
                <SUBJECT>General responsibilities.</SUBJECT>
                <SECTNO>101-8.712</SECTNO>
                <SUBJECT>Notice to subrecipients and beneficiaries.</SUBJECT>
                <SECTNO>101-8.713</SECTNO>
                <SUBJECT>Assurance of compliance and recipient assessment of age distinctions.</SUBJECT>
                <SECTNO>101-8.714</SECTNO>
                <SUBJECT>Information requirements.</SUBJECT>
                <SECTNO>101-8.715</SECTNO>
                <SUBJECT>Compliance reviews.</SUBJECT>
                <SECTNO>101-8.716</SECTNO>
                <SUBJECT>Complaints.</SUBJECT>
                <SECTNO>101-8.717</SECTNO>
                <SUBJECT>Mediation.</SUBJECT>
                <SECTNO>101-8.718</SECTNO>
                <SUBJECT>Investigation.</SUBJECT>
                <SECTNO>101-8.719</SECTNO>
                <SUBJECT>Prohibition against intimidation or retaliation.</SUBJECT>
                <SECTNO>101-8.720</SECTNO>
                <SUBJECT>Compliance procedure.</SUBJECT>
                <SECTNO>101-8.721</SECTNO>
                <SUBJECT>Hearings.</SUBJECT>
                <SECTNO>101-8.722</SECTNO>
                <SUBJECT>Decisions and notices.</SUBJECT>
                <SECTNO>101-8.723</SECTNO>
                <SUBJECT>Remedial action by recipient.</SUBJECT>
                <SECTNO>101-8.724</SECTNO>
                <SUBJECT>Exhaustion of administrative remedies.</SUBJECT>
                <SECTNO>101-8.725</SECTNO>
                <SUBJECT>Alternate funds disbursal.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>47 FR 25337, June 11, 1982, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <RESERVED>Subparts 101-8.1—101-8.2[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-8.3—Discrimination Prohibited on the Basis of Handicap</HD>
              <SECTION>
                <SECTNO>§ 101-8.300</SECTNO>
                <SUBJECT>Purpose and applicability.</SUBJECT>

                <P>(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 <PRTPAGE P="74"/>handicap in any program or activity receiving Federal financial assistance.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.301</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>(a) <E T="03">Section 504</E> 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.</P>
                <P>(b) <E T="03">Handicapped person</E> 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.</P>
                <P>(c) As used in paragraph (b) of this section, the phrase:</P>
                <P>(1) <E T="03">Physical or mental impairment</E> means:</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(2) <E T="03">Major life activities</E> means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.</P>
                <P>(3) <E T="03">Has a record of such an impairment</E> 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.</P>
                <P>(4) <E T="03">Is regarded as having an impairment</E> means:</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(d) <E T="03">Qualified handicapped person</E> means:</P>
                <P>(1) With respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question;</P>
                <P>(2) With respect to public preschool, elementary, secondary, or adult education services, a handicapped person:</P>
                <P>(i) Of an age during which nonhandicapped persons are provided such services;</P>
                <P>(ii) Of any age during which it is mandatory under state law to provide such services to handicapped persons; or</P>
                <P>(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.</P>
                <P>(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</P>
                <P>(4) With respect to other services, a handicapped person who meets the essential eligibility requirements for the receipt of such services.</P>
                <P>(e) <E T="03">Handicap</E> means condition or characteristic that renders a person a handicapped person as defined in paragraph (b) of this section.</P>

                <FP>The definitions set forth in § 101-6.216, to the extent not inconsistent with <PRTPAGE P="75"/>this subpart, are made applicable to and incorporated into this subpart.</FP>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.302</SECTNO>
                <SUBJECT>General prohibitions.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.303</SECTNO>
                <SUBJECT>Specific prohibitions.</SUBJECT>
                <P>(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:</P>
                <P>(1) Deny a qualified person the opportunity to participate in or benefit from the aid, benefit, or service;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(6) Deny a qualified handicapped person the opportunity to participate as a member of planning committees, advisory boards, or other groups; or</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) A recipient may not, directly or through contractual or other arrangements, use criteria or methods of administration that:</P>
                <P>(1) Have the effect of subjecting qualified handicapped persons to discrimination on the basis of handicap;</P>
                <P>(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</P>
                <P>(3) Perpetuate the discrimination of another recipient if both recipients are subject to common administrative control or are agencies of the same State.</P>
                <P>(e) In determining the site of a facility, an applicant for assistance or a recipient may not make selections that:</P>
                <P>(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</P>
                <P>(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.</P>

                <P>(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.<PRTPAGE P="76"/>
                </P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(i) The enumeration of specific forms of prohibited discrimination in this section does not limit the generality of the prohibition in § 101-8.302 of this subpart.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.304</SECTNO>
                <SUBJECT>Effect of State or local law or other requirements and effect of employment opportunities.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.305</SECTNO>
                <SUBJECT>Employment practices prohibited.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) The provisions of this subpart apply to:</P>
                <P>(1) Recruitment, advertising, and processing of applications for employment;</P>
                <P>(2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;</P>
                <P>(3) Rates of pay or any other form of compensation and changes in compensation;</P>
                <P>(4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;</P>
                <P>(5) Leaves of absence, sick or otherwise;</P>
                <P>(6) Fringe benefits available by virture of employment, whether administered by the recipient or not;</P>
                <P>(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;</P>
                <P>(8) Employer-sponsored activities, including social or recreational programs; and</P>
                <P>(9) Any other term, condition, or privilege of employment.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="77"/>
                <SECTNO>§ 101-8.306</SECTNO>
                <SUBJECT>Reasonable accommodation.</SUBJECT>
                <P>(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.</P>
                <P>(b) Reasonable accommodation may include:</P>
                <P>(1) Making facilities used by employees readily accessible to and usable by handicapped persons; and</P>
                <P>(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.</P>
                <P>(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:</P>
                <P>(1) The overall size of the recipient's program with respect to number of employees, number and type of facilities, and size of budget;</P>
                <P>(2) The type of the recipient's operation, including the composition and structure of the recipient's work force; and</P>
                <P>(3) The nature and cost of the accommodation needed.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.307</SECTNO>
                <SUBJECT>Employment criteria.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.308</SECTNO>
                <SUBJECT>Preemployment inquiries.</SUBJECT>
                <P>(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.</P>
                <P>(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:</P>
                <P>(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</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(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:</P>
                <P>(1) Supervisors and managers may be informed of restrictions on the work or duties of handicapped persons and of necessary accommodations;</P>
                <P>(2) First aid and safety personnel may be informed, where appropriate, if the condition might require emergency treatment; and</P>
                <P>(3) Government officials investigating compliance with section 504 of the Rehabilitation Act of 1973, as amended, shall be provided relevant information upon request.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.309</SECTNO>
                <SUBJECT>Program accessibility.</SUBJECT>
                <P>(a) <E T="03">General.</E> 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.</P>
                <P>(b) <E T="03">Program accessibility.</E> 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.</P>
                <P>(c) <E T="03">Methods.</E> 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 § 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.</P>
                <P>(d) <E T="03">Small service providers.</E> 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.</P>
                <P>(e) <E T="03">Time period.</E> 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.</P>
                <P>(f) <E T="03">Transition plan.</E> 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 <PRTPAGE P="79"/>made available for public inspection. At a minimum, the plan shall:</P>
                <P>(1) Identify physical obstacles in the recipient's facilities that limit the accessibility to and usability by handicapped persons of its program or activity;</P>
                <P>(2) Describe in detail the methods that will be used to make the facilities accessible;</P>
                <P>(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</P>
                <P>(4) Indicate the person responsible for implementation of the plan.</P>
                <P>(g) <E T="03">Notice.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.310</SECTNO>
                <SUBJECT>New construction.</SUBJECT>
                <P>(a) <E T="03">Design and construction.</E> 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.</P>
                <P>(b) <E T="03">Alteration.</E> 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.</P>
                <P>(c) <E T="03">GSA Accessibility Standard.</E> 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.</P>
                <FP>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 §§ 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.</FP>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.311</SECTNO>
                <SUBJECT>Historic preservation programs.</SUBJECT>
                <P>(a) <E T="03">Definitions.</E> For purposes of this section, the term:</P>
                <P>(1) <E T="03">Historic preservation programs</E> means programs receiving Federal financial assistance that has preservation of historic properties as a primary purpose.</P>
                <P>(2) <E T="03">Historic properties</E> means those properties that are listed or eligible for listing in the National Register of Historic Places.</P>
                <P>(3) <E T="03">Substantial impairment</E> means a permanent alteration that results in a significant loss of the integrity of finished materials, design quality or special character.</P>
                <P>(b) <E T="03">Obligation—</E>(1) <E T="03">Program accessibility.</E> 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.</P>

                <FP>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. <PRTPAGE P="80"/>Methods of achieving program accessibility include:</FP>
                <P>(i) Making physical alterations which enable handicapped persons to have access to otherwise inaccessible areas or features of historic properties;</P>
                <P>(ii) Using audio-visual materials and devices to depict otherwise inaccessible areas or features of historic properties;</P>
                <P>(iii) Assigning persons to guide handicapped persons into or through otherwise inaccessible portions of historic properties;</P>
                <P>(iv) Adopting other innovative methods to achieve program accessibility.</P>
                <FP>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.</FP>
                <P>(2) <E T="03">Waiver of accessibility standards.</E> 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:</P>
                <P>(i) Scale of property, reflecting its ability to absorb alterations;</P>
                <P>(ii) Use of the property, whether primarily for public or private purpose;</P>
                <P>(iii) Importance of the historic features of the property to the conduct of the program; and</P>
                <P>(iv) Cost of alterations in comparison to the increase in accessibility.</P>
                <FP>The Administrator shall periodically review any waiver granted under this section and may withdraw it if technological advances or other changes so warrant.</FP>
                <P>(c) <E T="03">Advisory Council comments.</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.312</SECTNO>
                <SUBJECT>Procedures.</SUBJECT>
                <P>The procedural provisions of title VI of the Civil Rights Act of 1964 are adopted and stated in §§ 101-6.205-101-6.215 and apply to this subpart. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.313</SECTNO>
                <SUBJECT>Self-evaluation.</SUBJECT>
                <P>(a) <E T="03">Procedures.</E> Each recipient shall, within one year of the effective date of this part:</P>
                <P>(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;</P>
                <P>(2) Modify any policies and practices which do not or may not meet the requirements of this part; and</P>
                <P>(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.</P>
                <P>(b) <E T="03">Availability of self-evaluation and related materials.</E> 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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-8.4—101-8.6[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-8.7—Discrimination Prohibited on the Basis of Age</HD>
              <AUTH>
                <HD SOURCE="HED">Authority:</HD>
                <P>42 U.S.C. 6101 <E T="03">et seq.</E>
                </P>
              </AUTH>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>50 FR 23412, June 4, 1985, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-8.700</SECTNO>
                <SUBJECT>Purpose of the Age Discrimination Act of 1975.</SUBJECT>

                <P>The Age Discrimination Act of 1975, as amended, prohibits discrimination <PRTPAGE P="81"/>on the basis of age in programs or activities receiving Federal financial assistance.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.701</SECTNO>
                <SUBJECT>Scope of General Services Administration's age discrimination regulation.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.702</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>(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.</P>
                <P>(b) The regulations does not apply to:</P>
                <P>(1) An age distinction contained in that part of Federal, State, local statute or ordinance adopted by an elected, general purpose legislative body that:</P>
                <P>(i) Provides any benefits or assistance to persons based on age;</P>
                <P>(ii) Establishes criteria for participation in age-related terms; or</P>
                <P>(iii) Describes intended beneficiaries or target groups in age-related terms.</P>

                <P>(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 <E T="03">et seq.</E>).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.703</SECTNO>
                <SUBJECT>Definitions of terms.</SUBJECT>
                <P>(a) As used in these regulations, the term: <E T="03">Act</E> means the Age Discrimination Act of 1975, as amended (title III of Pub. L. 94-135).</P>
                <P>(b) <E T="03">Action</E> means any act, activity, policy, rule, standard, or method of administration.</P>
                <P>(c) <E T="03">Age</E> means how old a person is, or the number of years from the date of a person's birth.</P>
                <P>(d) <E T="03">Age distinction</E> means any action using age or an age-related term.</P>
                <P>(e) <E T="03">Age-related term</E> means a word or words that imply a particular age or range or ages (for example, <E T="03">children, adult, older person,</E> but not <E T="03">student</E>).</P>
                <P>(f) <E T="03">Agency</E> means a Federal department or agency empowered to extend Federal financial assistance.</P>
                <P>(g) Agency Responsible Officials:</P>
                <P>(1) <E T="03">Administrator</E> means the Administrator of General Services.</P>
                <P>(2) <E T="03">Director, Office of Civil Rights</E> means the individual responsible for managing the agency's nondiscrimination Federal financial assistance program, or his or her designee.</P>
                <P>(h) <E T="03">Federal financial assistance</E> 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.</P>
                <P>(i) <E T="03">GSA</E> means the United States General Services Administration.</P>
                <P>(j) <E T="03">Primary recipient</E> means any recipient which is authorized or required to extend Federal financial assistance to another recipient for the purpose of carrying out a program.</P>
                <P>(k) <E T="03">Recipient</E> 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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="82"/>
                <SECTNO>§ 101-8.704</SECTNO>
                <SUBJECT>Rules against age discrimination.</SUBJECT>
                <P>The rules stated in this section are limited by the exceptions contained in § 101-8.706 of this regulation</P>
                <P>(a) <E T="03">General rule.</E> 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.</P>
                <P>(b) <E T="03">Specific rules.</E> 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:</P>
                <P>(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</P>
                <P>(2) Denying or limiting individual opportunity to participate in any program or activity receiving Federal financial assistance.</P>
                <P>(c) The forms of age discrimination listed in paragraph (b) of this section are not necessarily a complete list.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.705</SECTNO>
                <SUBJECT>Definition of normal operation and statutory objective.</SUBJECT>
                <P>The terms <E T="03">normal operation</E> and <E T="03">statutory objective</E> are defined as follows:</P>
                <P>(a) <E T="03">Normal operation</E> means the operation of a program or activity without significant changes that would inhibit meeting objectives.</P>
                <P>(b) <E T="03">Statutory objective</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.706</SECTNO>
                <SUBJECT>Exceptions to the rules against age discrimination.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.706-1</SECTNO>
                <SUBJECT>Normal operation or statutory objective of any program or activity.</SUBJECT>
                <P>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:</P>
                <P>(a) Age is used as a measure or approximation of one or more other characteristics; and</P>
                <P>(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</P>
                <P>(c) The other characteristic can be reasonably measured or approximated by the use of age; and</P>
                <P>(d) The other characteristic is impractical to measure directly on an individual basis.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.706-2</SECTNO>
                <SUBJECT>Reasonable factors other than age.</SUBJECT>
                <P>(a) A recipient is permitted to take an action, otherwise prohibited by § 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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.707</SECTNO>
                <SUBJECT>Burden of proof.</SUBJECT>
                <P>The burden of proving that an age distinction or other action falls within the exceptions outlined in § 101-8.706 is the recipient's.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.708</SECTNO>
                <SUBJECT>Affirmative action by recipient.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.709</SECTNO>
                <SUBJECT>Special benefits for children and the elderly.</SUBJECT>
                <P>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 § 101-8.705.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="83"/>
                <SECTNO>§ 101-8.710</SECTNO>
                <SUBJECT>Age distinctions contained in General Services Administration regulation.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.711</SECTNO>
                <SUBJECT>General responsibilities.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.712</SECTNO>
                <SUBJECT>Notice to subrecipients and beneficiaries.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.713</SECTNO>
                <SUBJECT>Assurance of compliance and recipient assessment of age distinctions.</SUBJECT>
                <P>(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.</P>
                <P>(b) Recipient assessment of age distinctions.</P>
                <P>(1) As part of a compliance review under § 101-8.715 or complaint investigation under § 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.</P>
                <P>(2) If an assessment indicates a violation of the Act and the GSA regulation, the recipient takes corrective action.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.714</SECTNO>
                <SUBJECT>Information requirements.</SUBJECT>
                <P>Each recipient must:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>

                <P>(d) In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 59-511), <PRTPAGE P="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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.715</SECTNO>
                <SUBJECT>Compliance reviews.</SUBJECT>
                <P>(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.</P>
                <P>(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 § 101-8.720.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.716</SECTNO>
                <SUBJECT>Complaints.</SUBJECT>
                <P>(a) Any person, individually or as a member of a class (defined at § 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.</P>
                <P>(b) GSA considers the date a complaint is filed to be the date upon which the complaint is sufficient to be processed.</P>
                <P>(c) GSA attempts to facilitate the filing of complaints if possible, including taking the following measures:</P>
                <P>(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;</P>
                <P>(2) Freely permitting a complainant to add information to the complaint to meet the requirements of a sufficient complaint;</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.717</SECTNO>
                <SUBJECT>Mediation.</SUBJECT>
                <P>(a) GSA promptly refers to the mediation agency designated by the Secretary, HHS, all sufficient complaints that:</P>
                <P>(1) Fall within the jurisdiction of the Act and this regulation, unless the age distinction complained of is clearly within an exception; and</P>
                <P>(2) Contain the information needed for further processing.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(e) The mediation proceeds for a maximum of 60 calendar days after a complaint is filed with GSA. Mediation ends if:</P>
                <P>(1) 60 calendar days elapse from the time the complaint is filed; or</P>

                <P>(2) Before the end of the 60 calendar-day period an agreement is reached; or<PRTPAGE P="85"/>
                </P>
                <P>(3) Before the end of that 60 calendar-day period, the mediator finds that an agreement cannot be reached.</P>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>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.</P>
                </NOTE>
                <P>(f) The mediator must return unresolved complaints to GSA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.718</SECTNO>
                <SUBJECT>Investigation.</SUBJECT>
                <P>(a) <E T="03">Informal investigation.</E> 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.</P>
                <P>(b) <E T="03">Formal investigation.</E> 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 § 101-8.720.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.719</SECTNO>
                <SUBJECT>Prohibition against intimidation or retaliation.</SUBJECT>
                <P>A recipient may not engage in acts of intimidation or retaliation against any person who:</P>
                <P>(a) Attempts to assert a right protected by the Act of this regulation; or</P>
                <P>(b) Cooperates in any mediation, investigation, hearing, conciliation, and enforcement process.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.720</SECTNO>
                <SUBJECT>Compliance procedure.</SUBJECT>
                <P>(a) GSA may enforce the Act and these regulations through:</P>
                <P>(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.</P>
                <P>(2) Any other means authorized by law including, but not limited to:</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(c) GSA takes no action under paragraph (a) until:</P>
                <P>(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</P>
                <P>(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 .</P>
                <P>(d) GSA may also defer granting new Federal financial assistance from GSA to a recipient when a hearing under § 101-8.721 is initiated.</P>

                <P>(1) New Federal financial assistance from GSA includes all assistance for which GSA requires an application or <PRTPAGE P="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.</P>
                <P>(2) GSA does not begin a deferral until the recipient receives notice of an opportunity for a hearing under § 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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.721</SECTNO>
                <SUBJECT>Hearings.</SUBJECT>
                <P>(a) <E T="03">Opportunity for hearing.</E> 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.</P>
                <P>(b) <E T="03">Time and place of hearing.</E> 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).</P>
                <P>(c) <E T="03">Right to counsel.</E> In all proceedings under this section, the applicant or recipient and GSA shall have the right to be represented by counsel.</P>
                <P>(d) <E T="03">Procedures, evidence, and record.</E> (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.<PRTPAGE P="87"/>
                </P>
                <P>(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.</P>
                <P>(e) <E T="03">Consolidated of Joint Hearings.</E> 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 § 101-8.722.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.722</SECTNO>
                <SUBJECT>Decisions and notices.</SUBJECT>
                <P>(a) <E T="03">Decisions by hearing examiners.</E> 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.</P>
                <P>(b) <E T="03">Decisions on record or review by the reviewing authority.</E> 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.</P>
                <P>(c) <E T="03">Decisions on record where a hearing is waived.</E> Whenever a hearing is waived pursuant to § 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.</P>
                <P>(d) <E T="03">Rulings required.</E> 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.</P>
                <P>(e) <E T="03">Review in certain cases by the Administrator.</E> 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 <PRTPAGE P="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.</P>
                <P>(f) <E T="03">Content of orders.</E> 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.</P>
                <P>(g) <E T="03">Post-termination proceedings.</E> (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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.723</SECTNO>
                <SUBJECT>Remedial action by recipient.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.724</SECTNO>
                <SUBJECT>Exhaustion of administrative remedies.</SUBJECT>
                <P>(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:</P>
                <P>(1) 180 calendar days elapse after the complainant files the complaint and GSA makes no finding with regard to the complaint; or</P>
                <P>(2) GSA Issues a finding in favor of the recipient.</P>
                <P>(b) If GSA fails to make a finding within 180 days or issues a finding in favor of the recipient, GSA must:</P>

                <P>(1) Promptly advise the complainant of this fact;<PRTPAGE P="89"/>
                </P>
                <P>(2) Advise the complainant of his or her right to bring civil action for injunctive relief; and</P>
                <P>(3) Inform the complainant:</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-8.725</SECTNO>
                <SUBJECT>Alternate funds disbursal.</SUBJECT>
                <P>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:</P>
                <P>(a) The ability to comply with this regulation; and</P>
                <P>(b) The ability to achieve the goals of the Federal Statutes authorizing the program or activity.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-9</EAR>
            <HD SOURCE="HED">PART 101-9—FEDERAL MAIL MANAGEMENT</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-9.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-9.1—General Provisions</HD>
                <SECTNO>101-9.101</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <SECTNO>101-9.102</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <SECTNO>101-9.103</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-9.2—Program Implementation</HD>
                <SECTNO>101-9.201</SECTNO>
                <SUBJECT>Agency responsibilities.</SUBJECT>
                <SECTNO>101-9.202</SECTNO>
                <SUBJECT>Operational cost control functions at the facility level.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-9.3—Reporting Requirements</HD>
                <SECTNO>101-9.301</SECTNO>
                <SUBJECT>Agency mail manager information.</SUBJECT>
                <SECTNO>101-9.302</SECTNO>
                <SUBJECT>Agency mail program data.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subpart 101-9.4—GSA Responsibilities and Services</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-9.49—Illustrations</HD>
                <SECTNO>101-9.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-9.4901</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-9.4902</SECTNO>
                <SUBJECT>Format for mail profile data.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subpart 101-9.5—U.S. Postal Service Assistance</RESERVED>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>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).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>59 FR 62601, Dec. 6, 1994, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 101-9.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>This part sets forth policy for efficient, effective, and economical management by Federal agencies of incoming, internal, and outgoing mail.</P>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-9.1—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 101-9.101</SECTNO>
                <SUBJECT>Authority.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-9.102</SECTNO>
                <SUBJECT>Objective.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-9.103</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>

                <P>In part 101-9, the following definitions apply:<PRTPAGE P="90"/>
                </P>
                <P>
                  <E T="03">Addressing standards</E> 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.</P>
                <P>
                  <E T="03">Class of mail</E> 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.</P>
                <P>
                  <E T="03">Courier</E> means a private delivery company or an individual that works for such a company.</P>
                <P>
                  <E T="03">Expedited mail</E> 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.</P>
                <P>
                  <E T="03">Facility</E> means any location where mail is processed for dispatch.</P>
                <P>
                  <E T="03">Facility mail manager</E> means the persons responsible for mail management at a facility.</P>
                <P>
                  <E T="03">Federal agency or agency</E> 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).</P>
                <P>
                  <E T="03">Incoming mail</E> means mail coming into the agency delivered by an outside source (vendor or agency).</P>
                <P>
                  <E T="03">Internal mail</E> 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.</P>
                <P>
                  <E T="03">Letter</E> 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.</P>
                <P>
                  <E T="03">Mail</E> 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).</P>
                <P>
                  <E T="03">Mail center</E> means a centralized location where mail is processed.</P>
                <P>
                  <E T="03">Mail piece design</E> means preparation of letters, cards, and flats consistent with U.S. Postal Service requirements and recommendations.</P>
                <P>
                  <E T="03">Mail preparation</E> 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.</P>
                <P>
                  <E T="03">Messenger</E> means an agency employee who delivers agency mail.</P>
                <P>
                  <E T="03">Outgoing mail</E> 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.</P>
                <P>
                  <E T="03">Service standard</E> 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.</P>
                <P>
                  <E T="03">Special services</E> means services for fees other than postage; e.g., registered, certified, insured, business reply mail, merchandise return, certificates of mailing, and return receipts.</P>
                <P>
                  <E T="03">Worksharing</E> 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 <PRTPAGE P="91"/>authorized by that agency to enter into such contracts, or through in-house efforts.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-9.2—Program Implementation</HD>
              <SECTION>
                <SECTNO>§ 101-9.201</SECTNO>
                <SUBJECT>Agency responsibilities.</SUBJECT>
                <P>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:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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:</P>
                <P>(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:</P>
                <P>(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.</P>
                <P>(ii) Maximizing agency cost-effective participation in worksharing programs. This includes proper address list management, compliance with automation addressing standards, presorting, and barcoding.</P>
                <P>(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.</P>
                <P>(3) Developing and directing agency programs and plans for proper use of transportation, equipment, and supply vendors, relative to mail management.</P>
                <P>(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 § 101-9.4902.)</P>

                <P>(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.<PRTPAGE P="92"/>
                </P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-9.202</SECTNO>
                <SUBJECT>Operational cost control functions at the facility level.</SUBJECT>
                <P>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:</P>
                <P>(a) Reviewing, on a continuing basis, facility mail practices and procedures to identify opportunities for improvement and simplification.</P>
                <P>(b) Providing centralized control at each facility of all mail processing activities including regularly scheduled and specialized mail messenger services, equipment, and personnel.</P>
                <P>(c) Providing training which:</P>
                <P>(1) Informs all levels of facility personnel on cost-effective mailing practices for incoming, internal, and outgoing mail.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(g) Processing mail by class with expedited mail, First-Class, and Priority Mail being processed before lower classes of mail.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="93"/>at each location where outgoing mail is processed.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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>
                <P>(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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-9.3—Reporting Requirements</HD>
              <SECTION>
                <SECTNO>§ 101-9.301</SECTNO>
                <SUBJECT>Agency mail manager information.</SUBJECT>
                <P>Agencies will provide GSA with the name, title, mailing address, voice and fax telephone number (if applicable) of the designated agency mail manager (see § 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-9.302</SECTNO>
                <SUBJECT>Agency mail program data.</SUBJECT>
                <P>(a) Agencies will maintain data, on mail volumes and postage expenditures. This data will conform with the requirements of § 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.</P>
                <P>(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 § 101-9.301.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-9.4—GSA Responsibilities and Services</HD>
              <TEXT>

                <P>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 <PRTPAGE P="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.</P>
              </TEXT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-9.5—U.S. Postal Service Assistance</HD>
              <TEXT>
                <P>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.</P>
              </TEXT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-9.49—Illustrations</HD>
              <SECTION>
                <SECTNO>§ 101-9.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>This subpart contains illustrations suggested for use in connection with the subject matter covered in Part 101-9.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101.9-4901</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-9.4902</SECTNO>
                <SUBJECT>Format for mail profile data.</SUBJECT>
                <GPH DEEP="320" SPAN="2">
                  <PRTPAGE P="95"/>
                  <GID>ER06DE94.023</GID>
                </GPH>
              </SECTION>
            </SUBPART>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="96"/>
          <HD SOURCE="HED">SUBCHAPTER B[RESERVED]</HD>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <HD SOURCE="HED">SUBCHAPTER C—DEFENSE MATERIALS</HD>
          <TEXT>
            <WIDE>
              <HD SOURCE="HED">PARTS 101-14—101-15[RESERVED]</HD>
            </WIDE>
          </TEXT>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <HD SOURCE="HED">SUBCHAPTER D—PUBLIC BUILDINGS AND SPACE</HD>
          <PART>
            <RESERVED>PART 101-16[RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 101-17</EAR>
            <HD SOURCE="HED">PART 101-17—ASSIGNMENT AND UTILIZATION OF SPACE</HD>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 285, 304c, 601 <E T="03">et seq.</E>, 490 note; E.O. 12072, 43 FR 36869, 3 CFR, 1978 Comp., p. 213.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5358, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 101-17.0</SECTNO>
              <SUBJECT>Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220).</SUBJECT>
              <P>For information on assignment and utilization of space, see FMR part 102-79 (41 CFR part 102-79).</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 101-18</EAR>
            <HD SOURCE="HED">PART 101-18—ACQUISITION OF REAL PROPERTY</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-18.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SECTNO>101-18.001</SECTNO>
              <SUBJECT>Authority.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-18.1—Acquisition by Lease</HD>
                <SECTNO>101-18.100</SECTNO>
                <SUBJECT>Basic policy.</SUBJECT>
                <SECTNO>101-18.101</SECTNO>
                <SUBJECT>Acquisition by GSA.</SUBJECT>
                <SECTNO>101-18.102</SECTNO>
                <SUBJECT>Acquisition by other agencies.</SUBJECT>
                <SECTNO>101-18.103</SECTNO>
                <SUBJECT>Agency cooperation.</SUBJECT>
                <SECTNO>101-18.104</SECTNO>
                <SUBJECT>Delegation of leasing authority.</SUBJECT>
                <SECTNO>101-18.104-1</SECTNO>
                <SUBJECT>Limitations on the use of delegated authority.</SUBJECT>
                <SECTNO>101-18.104-2</SECTNO>
                <SUBJECT>Categorical space delegations.</SUBJECT>
                <SECTNO>101-18.104-3</SECTNO>
                <SUBJECT>Agency special purpose space delegations.</SUBJECT>
                <SECTNO>101-18.105</SECTNO>
                <SUBJECT>Contingent fees and related procedure.</SUBJECT>
                <SECTNO>101-18.106</SECTNO>
                <SUBJECT>Application of socioeconomic considerations.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-18.2—Acquisition by Purchase or Condemnation</HD>
                <SECTNO>101-18.200</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <SECTNO>101-18.201</SECTNO>
                <SUBJECT>Basic acquisition policy.</SUBJECT>
                <SECTNO>101-18.202</SECTNO>
                <SUBJECT>Expenses incidental to transfer.</SUBJECT>
                <SECTNO>101-18.203</SECTNO>
                <SUBJECT>Litigation expenses.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subpart 101-18.3[Reserved]</RESERVED>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 1-201(b), E.O. 12072, 43 FR 36869, 3 CFR,1978 Comp., p. 213.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>39 FR 23202, June 27, 1974, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 101-18.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>(a) This part prescribes policies and procedures governing acquisition of interests in real property.</P>
              <P>(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.</P>
              <CITA>[58 FR 40592, July 29, 1993, as amended at 66 FR 5358, Jan. 18, 2001]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-18.001</SECTNO>
              <SUBJECT>Authority.</SUBJECT>

              <P>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 <E T="03">et seq</E>.); 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 <E T="03">et seq</E>.); 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).</P>
              <CITA>[58 FR 40592, July 29, 1993]</CITA>
            </SECTION>
            <SUBPART>
              <PRTPAGE P="97"/>
              <HD SOURCE="HED">Subpart 101-18.1Acquisition by Lease</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>58 FR 40592, July 29, 1993, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-18.100</SECTNO>
                <SUBJECT>Basic policy.</SUBJECT>
                <P>(a) GSA will lease privately owned land and building space only when needs cannot be satisfactorily met in Government-controlled space and:</P>
                <P>(1) Leasing proves to be more advantageous than the construction of a new or alteration of an existing Federal building;</P>
                <P>(2) New construction or alteration is not warranted because requirements in the community are insufficient or indefinite in scope or duration; or</P>
                <P>(3) Completion of a new building within a reasonable time cannot be ensured.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(e) When acquiring space by lease, the provisions of § 101-17.205 regarding determination of the location of Federal facilities shall be strictly adhered to.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.101</SECTNO>
                <SUBJECT>Acquisition by GSA.</SUBJECT>
                <P>(a) GSA will perform all functions of leasing building space, and land incidental thereto, for Federal agencies except as provided in this subpart.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.102</SECTNO>
                <SUBJECT>Acquisition by other agencies.</SUBJECT>
                <P>(a) Acquisitions of leased space by agencies possessing independent statutory authority to acquire such space are not subject to GSA approval or authority.</P>
                <P>(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.</P>
                <P>(c) GSA reserves the right to accept or reject reimbursable leasing service requests on a case-by-case basis.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.103</SECTNO>
                <SUBJECT>Agency cooperation.</SUBJECT>
                <P>The heads of executive agencies shall:</P>
                <P>(a) Cooperate with and assist the Administrator of General Services in carrying out his responsibilities respecting office buildings and space;</P>
                <P>(b) Take measures to give GSA early notice of new or changing space requirements;</P>
                <P>(c) Seek to economize their requirements for space; and</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.104</SECTNO>
                <SUBJECT>Delegation of leasing authority.</SUBJECT>

                <P>(a) Agencies are authorized to perform for themselves all functions with <PRTPAGE P="98"/>respect to the acquisition of leased space in buildings and land incidental thereto when the following conditions are met:</P>
                <P>(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;</P>
                <P>(2) Authority has been requested by an executive agency and a specific delegation has been granted by the Administrator of General Services;</P>
                <P>(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 § 101-18.104-2; or</P>
                <P>(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 § 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.</P>
                <P>A listing of agency special purpose space delegations is found at § 101-18.104-3.</P>
                <P>(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.</P>
                <EXTRACT>
                  <HD SOURCE="HD1">List of Urban Centers</HD>
                  <FP SOURCE="FP-2">Aberdeen, SD:</FP>
                  <FP SOURCE="FP1-2">Brown County.</FP>
                  <FP SOURCE="FP-2">Abil:</FP>
                  <FP SOURCE="FP1-2">Jones County.</FP>
                  <FP SOURCE="FP1-2">Taylor County.</FP>
                  <FP SOURCE="FP-2">Akron, OH:</FP>
                  <FP SOURCE="FP1-2">Portage County.</FP>
                  <FP SOURCE="FP1-2">Summit County.</FP>
                  <FP SOURCE="FP-2">Alaska:</FP>
                  <FP SOURCE="FP1-2">The entire State.</FP>
                  <FP SOURCE="FP-2">Albany, GA:</FP>
                  <FP SOURCE="FP1-2">Dougherty County.</FP>
                  <FP SOURCE="FP-2">Albany, IL:</FP>
                  <FP SOURCE="FP1-2">Whiteside County.</FP>
                  <FP SOURCE="FP-2">Albany, OR:</FP>
                  <FP SOURCE="FP1-2">Linn County.</FP>
                  <FP SOURCE="FP-2">Albany-Schenectady-Troy, NY:</FP>
                  <FP SOURCE="FP1-2">Albany County.</FP>
                  <FP SOURCE="FP1-2">Rensselaer County.</FP>
                  <FP SOURCE="FP1-2">Saratoga County.</FP>
                  <FP SOURCE="FP1-2">Schenectady County.</FP>
                  <FP SOURCE="FP-2">Albuquerque, NM:</FP>
                  <FP SOURCE="FP1-2">Bernalillo County.</FP>
                  <FP SOURCE="FP-2">Alexandria, LA:</FP>
                  <FP SOURCE="FP1-2">Rapides Parish.</FP>
                  <FP SOURCE="FP-2">Allentown-Bethlehem-Easton, PA-NJ:</FP>
                  <FP SOURCE="FP1-2">Lehigh County, PA.</FP>
                  <FP SOURCE="FP1-2">Northampton County, PA.</FP>
                  <FP SOURCE="FP1-2">Warren, NJ.</FP>
                  <FP SOURCE="FP-2">Altoona, PA:</FP>
                  <FP SOURCE="FP1-2">Blair County.</FP>
                  <FP SOURCE="FP-2">Amarillo, TX:</FP>
                  <FP SOURCE="FP1-2">Potter County.</FP>
                  <FP SOURCE="FP1-2">Randall County.</FP>
                  <FP SOURCE="FP-2">Anaheim-Santa Ana-Garden Grove, CA:</FP>
                  <FP SOURCE="FP1-2">Orange County.</FP>
                  <FP SOURCE="FP-2">Ann Arbor, MI:</FP>
                  <FP SOURCE="FP1-2">Washtenaw County.</FP>
                  <FP SOURCE="FP-2">Asheville, NC:</FP>
                  <FP SOURCE="FP1-2">Buncombe County.</FP>
                  <FP SOURCE="FP-2">Athens, GA:</FP>
                  <FP SOURCE="FP1-2">Clarke County.</FP>
                  <FP SOURCE="FP-2">Atlanta, GA:</FP>
                  <FP SOURCE="FP1-2">Clayton County.</FP>
                  <FP SOURCE="FP1-2">Cobb County.</FP>
                  <FP SOURCE="FP1-2">De Kalb County.</FP>
                  <FP SOURCE="FP1-2">Fulton County.</FP>
                  <FP SOURCE="FP1-2">Gwinnett County.</FP>
                  <FP SOURCE="FP-2">Atlantic City, NJ:</FP>
                  <FP SOURCE="FP1-2">Atlantic County.</FP>
                  <FP SOURCE="FP-2">Augusta, GA-SC:</FP>
                  <FP SOURCE="FP1-2">Richmond County, GA.</FP>
                  <FP SOURCE="FP1-2">Aiken County, SC.</FP>
                  <FP SOURCE="FP-2">Augusta, ME:</FP>
                  <FP SOURCE="FP1-2">Kennebec County.</FP>
                  <FP SOURCE="FP-2">Austin, TX:</FP>
                  <FP SOURCE="FP1-2">Travis County.</FP>
                  <FP SOURCE="FP-2">Bakersfield, CA:</FP>
                  <FP SOURCE="FP1-2">Kern County.</FP>
                  <FP SOURCE="FP-2">Baltimore, MD:</FP>
                  <FP SOURCE="FP1-2">Baltimore City.</FP>
                  <FP SOURCE="FP1-2">Anne Arundel County.</FP>
                  <FP SOURCE="FP1-2">Baltimore County.</FP>
                  <FP SOURCE="FP1-2">Carroll County.</FP>
                  <FP SOURCE="FP1-2">Howard County.</FP>
                  <FP SOURCE="FP-2">Baton Rough, LA:</FP>
                  <FP SOURCE="FP1-2">East Baton Rouge Parish.</FP>
                  <FP SOURCE="FP-2">Battle Creek, MI:</FP>
                  <FP SOURCE="FP1-2">Calhoun County.</FP>
                  <FP SOURCE="FP-2">Bay City, MI:</FP>
                  <FP SOURCE="FP1-2">Bay County.</FP>
                  <FP SOURCE="FP-2">Beaumont-Port Arthur, TX:</FP>
                  <FP SOURCE="FP1-2">Jefferson County.<PRTPAGE P="99"/>
                  </FP>
                  <FP SOURCE="FP1-2">Orange County.</FP>
                  <FP SOURCE="FP-2">Billings, MT:</FP>
                  <FP SOURCE="FP1-2">Yellowstone County.</FP>
                  <FP SOURCE="FP-2">Binghampton, NY-PA:</FP>
                  <FP SOURCE="FP1-2">Broome County, NY.</FP>
                  <FP SOURCE="FP1-2">Tioga County, NY.</FP>
                  <FP SOURCE="FP1-2">Susquehanna County, PA.</FP>
                  <FP SOURCE="FP-2">Birmingham, AL:</FP>
                  <FP SOURCE="FP1-2">Jefferson County.</FP>
                  <FP SOURCE="FP-2">Bismarck, ND:</FP>
                  <FP SOURCE="FP1-2">Burleigh County.</FP>
                  <FP SOURCE="FP-2">Boise, ID:</FP>
                  <FP SOURCE="FP1-2">Ada County.</FP>
                  <FP SOURCE="FP-2">Boston, MA:</FP>
                  <FP SOURCE="FP1-2">Essex County.</FP>
                  <FP SOURCE="FP1-2">Middlesex County.</FP>
                  <FP SOURCE="FP1-2">Norfolk County.</FP>
                  <FP SOURCE="FP1-2">Plymouth County.</FP>
                  <FP SOURCE="FP1-2">Suffolk County.</FP>
                  <FP SOURCE="FP-2">Bridgeport, CT:</FP>
                  <FP SOURCE="FP1-2">Fairfield County.</FP>
                  <FP SOURCE="FP1-2">New Haven County.</FP>
                  <FP SOURCE="FP-2">Brockton, MA:</FP>
                  <FP SOURCE="FP1-2">Bristol County.</FP>
                  <FP SOURCE="FP1-2">Norfolk County.</FP>
                  <FP SOURCE="FP1-2">Plymouth County.</FP>
                  <FP SOURCE="FP-2">Brownsville-Harlingen-San Benito, TX:</FP>
                  <FP SOURCE="FP1-2">Cameron County.</FP>
                  <FP SOURCE="FP-2">Buffalo, NY:</FP>
                  <FP SOURCE="FP1-2">Erie County.</FP>
                  <FP SOURCE="FP1-2">Niagara County.</FP>
                  <FP SOURCE="FP-2">Burlington, VT:</FP>
                  <FP SOURCE="FP1-2">Chittenden County.</FP>
                  <FP SOURCE="FP-2">Butte, MT:</FP>
                  <FP SOURCE="FP1-2">Silver Bow County.</FP>
                  <FP SOURCE="FP-2">Calexico-El Centro, CA:</FP>
                  <FP SOURCE="FP1-2">Imperial County.</FP>
                  <FP SOURCE="FP-2">Canton, OH:</FP>
                  <FP SOURCE="FP1-2">Stark County.</FP>
                  <FP SOURCE="FP-2">Casper, WY:</FP>
                  <FP SOURCE="FP1-2">Narrona County.</FP>
                  <FP SOURCE="FP-2">Cedar Rapids, IA:</FP>
                  <FP SOURCE="FP1-2">Linn County.</FP>
                  <FP SOURCE="FP-2">Champaign-Urbana, IL:</FP>
                  <FP SOURCE="FP1-2">Champaign County.</FP>
                  <FP SOURCE="FP-2">Charleston, SC:</FP>
                  <FP SOURCE="FP1-2">Berkeley County.</FP>
                  <FP SOURCE="FP1-2">Charleston, County.</FP>
                  <FP SOURCE="FP-2">Charleston, WV:</FP>
                  <FP SOURCE="FP1-2">Kanawha County.</FP>
                  <FP SOURCE="FP-2">Charlotte, NC:</FP>
                  <FP SOURCE="FP1-2">Mecklenburg County.</FP>
                  <FP SOURCE="FP1-2">Union County.</FP>
                  <FP SOURCE="FP-2">Charlottesville, VA:</FP>
                  <FP SOURCE="FP1-2">Charlottesville City.</FP>
                  <FP SOURCE="FP1-2">Albemarle County.</FP>
                  <FP SOURCE="FP-2">Chattanooga, TN-GA:</FP>
                  <FP SOURCE="FP1-2">Hamilton County, TN.</FP>
                  <FP SOURCE="FP1-2">Walker County, GA.</FP>
                  <FP SOURCE="FP-2">Cheyenne, WY:</FP>
                  <FP SOURCE="FP1-2">Laramie County.</FP>
                  <FP SOURCE="FP-2">Chicago, IL:</FP>
                  <FP SOURCE="FP1-2">Cook County.</FP>
                  <FP SOURCE="FP1-2">Du Page County.</FP>
                  <FP SOURCE="FP1-2">Kane County.</FP>
                  <FP SOURCE="FP1-2">Lake County.</FP>
                  <FP SOURCE="FP1-2">McHenry County.</FP>
                  <FP SOURCE="FP1-2">Will County.</FP>
                  <FP SOURCE="FP-2">Cincinnati, OH-KY-IN:</FP>
                  <FP SOURCE="FP1-2">Clermont County, OH.</FP>
                  <FP SOURCE="FP1-2">Hamilton County, OH.</FP>
                  <FP SOURCE="FP1-2">Warren County, OH.</FP>
                  <FP SOURCE="FP1-2">Boone County, KY.</FP>
                  <FP SOURCE="FP1-2">Campbell County, KY.</FP>
                  <FP SOURCE="FP1-2">Kenton County, KY.</FP>
                  <FP SOURCE="FP1-2">Dearborn County, IN.</FP>
                  <FP SOURCE="FP-2">Cleveland, OH:</FP>
                  <FP SOURCE="FP1-2">Cuyahoga County.</FP>
                  <FP SOURCE="FP1-2">Geauga County.</FP>
                  <FP SOURCE="FP1-2">Lake County.</FP>
                  <FP SOURCE="FP1-2">Medina County.</FP>
                  <FP SOURCE="FP-2">Clinton, OK:</FP>
                  <FP SOURCE="FP1-2">Custer County.</FP>
                  <FP SOURCE="FP-2">Cody, WY:</FP>
                  <FP SOURCE="FP1-2">Park County.</FP>
                  <FP SOURCE="FP-2">Colorado Springs, CO:</FP>
                  <FP SOURCE="FP1-2">El Paso County.</FP>
                  <FP SOURCE="FP-2">Columbia, MO:</FP>
                  <FP SOURCE="FP1-2">Boone County.</FP>
                  <FP SOURCE="FP-2">Columbia, SC:</FP>
                  <FP SOURCE="FP1-2">Lexington County.</FP>
                  <FP SOURCE="FP1-2">Richland County.</FP>
                  <FP SOURCE="FP-2">Columbus, GA-AL:</FP>
                  <FP SOURCE="FP1-2">Chattahoochee County, GA.</FP>
                  <FP SOURCE="FP1-2">Muscogee County, GA.</FP>
                  <FP SOURCE="FP1-2">Russell County, AL.</FP>
                  <FP SOURCE="FP-2">Columbus, OH:</FP>
                  <FP SOURCE="FP1-2">Delaware County.</FP>
                  <FP SOURCE="FP1-2">Franklin County.</FP>
                  <FP SOURCE="FP1-2">Pickaway County.</FP>
                  <FP SOURCE="FP-2">Concord, NH:</FP>
                  <FP SOURCE="FP1-2">Merrimack County.</FP>
                  <FP SOURCE="FP-2">Corpus Christi, TX:</FP>
                  <FP SOURCE="FP1-2">Nueces County.</FP>
                  <FP SOURCE="FP-2">Dallas, TX:</FP>
                  <FP SOURCE="FP1-2">Collin County.</FP>
                  <FP SOURCE="FP1-2">Dallas County.</FP>
                  <FP SOURCE="FP1-2">Denton County.</FP>
                  <FP SOURCE="FP1-2">Ellis County.</FP>
                  <FP SOURCE="FP-2">Davenport-Rock Island-Moline, IA-IL:</FP>
                  <FP SOURCE="FP1-2">Scott County, IA.</FP>
                  <FP SOURCE="FP1-2">Henry County, IL.</FP>
                  <FP SOURCE="FP1-2">Rock Island County, IL.</FP>
                  <FP SOURCE="FP-2">Dayton, OH:</FP>
                  <FP SOURCE="FP1-2">Greene County.</FP>
                  <FP SOURCE="FP1-2">Miami County.</FP>
                  <FP SOURCE="FP1-2">Montgomery County.</FP>
                  <FP SOURCE="FP1-2">Preble County.</FP>
                  <FP SOURCE="FP-2">Decatur, IL:</FP>
                  <FP SOURCE="FP1-2">Macon County.</FP>
                  <FP SOURCE="FP-2">Denver, CO:</FP>
                  <FP SOURCE="FP1-2">Adams County.</FP>
                  <FP SOURCE="FP1-2">Arapahoe County.</FP>
                  <FP SOURCE="FP1-2">Boulder County.</FP>
                  <FP SOURCE="FP1-2">Denver County.</FP>
                  <FP SOURCE="FP1-2">Jefferson County.</FP>
                  <FP SOURCE="FP-2">Des Moines, IA:</FP>
                  <FP SOURCE="FP1-2">Polk County.</FP>
                  <FP SOURCE="FP-2">Detroit, MI:</FP>
                  <FP SOURCE="FP1-2">Macomb County.</FP>
                  <FP SOURCE="FP1-2">Oakland County.</FP>
                  <FP SOURCE="FP1-2">Wayne County.</FP>
                  <FP SOURCE="FP-2">Dubuque, IA:</FP>
                  <FP SOURCE="FP1-2">Dubuque County.<PRTPAGE P="100"/>
                  </FP>
                  <FP SOURCE="FP-2">Duluth-Superior, MN-WI:</FP>
                  <FP SOURCE="FP1-2">St. Louis County, MN.</FP>
                  <FP SOURCE="FP1-2">Douglas County, WI.</FP>
                  <FP SOURCE="FP-2">Durango, CO:</FP>
                  <FP SOURCE="FP1-2">LaPlata County.</FP>
                  <FP SOURCE="FP-2">Durham, NC:</FP>
                  <FP SOURCE="FP1-2">Durham County.</FP>
                  <FP SOURCE="FP-2">Elkins, WV:</FP>
                  <FP SOURCE="FP1-2">Randolph County.</FP>
                  <FP SOURCE="FP-2">El Paso, TX:</FP>
                  <FP SOURCE="FP1-2">El Paso County.</FP>
                  <FP SOURCE="FP-2">Erie, PA:</FP>
                  <FP SOURCE="FP1-2">Erie County.</FP>
                  <FP SOURCE="FP-2">Eugene, OR:</FP>
                  <FP SOURCE="FP1-2">Lane County.</FP>
                  <FP SOURCE="FP-2">Evansville, IN-KY:</FP>
                  <FP SOURCE="FP1-2">Vanderburgh County, IN.</FP>
                  <FP SOURCE="FP1-2">Warrick County, IN.</FP>
                  <FP SOURCE="FP1-2">Henderson County, KY.</FP>
                  <FP SOURCE="FP-2">Fall River, MA-RI:</FP>
                  <FP SOURCE="FP1-2">Bristol County, MA.</FP>
                  <FP SOURCE="FP1-2">Newport County, RI.</FP>
                  <FP SOURCE="FP-2">Fargo-Moorhed, ND-MN:</FP>
                  <FP SOURCE="FP1-2">Cass County, ND.</FP>
                  <FP SOURCE="FP1-2">Clay County, MN.</FP>
                  <FP SOURCE="FP-2">Fayetteville, NC:</FP>
                  <FP SOURCE="FP1-2">Cumberland County.</FP>
                  <FP SOURCE="FP-2">Fitchburg-Leominster, MA:</FP>
                  <FP SOURCE="FP1-2">Middlesex County.</FP>
                  <FP SOURCE="FP1-2">Worcester County.</FP>
                  <FP SOURCE="FP-2">Flint, MI:</FP>
                  <FP SOURCE="FP1-2">Genesee County.</FP>
                  <FP SOURCE="FP1-2">Lapeer County.</FP>
                  <FP SOURCE="FP-2">Fort Collins, CO:</FP>
                  <FP SOURCE="FP1-2">Larimer County.</FP>
                  <FP SOURCE="FP-2">Fort Lauderdale-Hollywood, FL:</FP>
                  <FP SOURCE="FP1-2">Broward County.</FP>
                  <FP SOURCE="FP-2">Fort Smith, AR-OK:</FP>
                  <FP SOURCE="FP1-2">Crawford County, AR.</FP>
                  <FP SOURCE="FP1-2">Sebastian County, AR.</FP>
                  <FP SOURCE="FP1-2">Le Flore County, OK.</FP>
                  <FP SOURCE="FP1-2">Sequoyah County, OK.</FP>
                  <FP SOURCE="FP-2">Fort Wayne, IN:</FP>
                  <FP SOURCE="FP1-2">Allen County.</FP>
                  <FP SOURCE="FP-2">Fort Worth, TX:</FP>
                  <FP SOURCE="FP1-2">Johnson County.</FP>
                  <FP SOURCE="FP1-2">Tarrant County.</FP>
                  <FP SOURCE="FP-2">Frankfort, KY:</FP>
                  <FP SOURCE="FP1-2">Franklin County.</FP>
                  <FP SOURCE="FP-2">Fresno, CA:</FP>
                  <FP SOURCE="FP1-2">Fresno County.</FP>
                  <FP SOURCE="FP-2">Gadsden, AL:</FP>
                  <FP SOURCE="FP1-2">Etowah County.</FP>
                  <FP SOURCE="FP-2">Gainesville, FL:</FP>
                  <FP SOURCE="FP1-2">Alachua County.</FP>
                  <FP SOURCE="FP-2">Galveston-Texas City, TX:</FP>
                  <FP SOURCE="FP1-2">Galveston County.</FP>
                  <FP SOURCE="FP-2">Gary-Hammond-East Chicago, IN:</FP>
                  <FP SOURCE="FP1-2">Lake County.</FP>
                  <FP SOURCE="FP1-2">Porter County.</FP>
                  <FP SOURCE="FP-2">Grand Forks, ND:</FP>
                  <FP SOURCE="FP1-2">Grand Forks County.</FP>
                  <FP SOURCE="FP-2">Grand Island, NE:</FP>
                  <FP SOURCE="FP1-2">Hall County.</FP>
                  <FP SOURCE="FP-2">Grand Junction, CO:</FP>
                  <FP SOURCE="FP1-2">Mesa County.</FP>
                  <FP SOURCE="FP-2">Grand Rapids, MI:</FP>
                  <FP SOURCE="FP1-2">Kent County.</FP>
                  <FP SOURCE="FP1-2">Ottawa County.</FP>
                  <FP SOURCE="FP-2">Great Falls, MT:</FP>
                  <FP SOURCE="FP1-2">Cascade County.</FP>
                  <FP SOURCE="FP-2">Greeley, CO:</FP>
                  <FP SOURCE="FP1-2">Weld County.</FP>
                  <FP SOURCE="FP-2">Green Bay, WI:</FP>
                  <FP SOURCE="FP1-2">Brown County.</FP>
                  <FP SOURCE="FP-2">Greensboro-High Point, NC:</FP>
                  <FP SOURCE="FP1-2">Guilford County.</FP>
                  <FP SOURCE="FP-2">Greenville, SC:</FP>
                  <FP SOURCE="FP1-2">Greenville County.</FP>
                  <FP SOURCE="FP1-2">Pickens County.</FP>
                  <FP SOURCE="FP-2">Greenwood, MS:</FP>
                  <FP SOURCE="FP1-2">Le Flore County.</FP>
                  <FP SOURCE="FP-2">Hamilton-Middletown, OH:</FP>
                  <FP SOURCE="FP1-2">Butler County.</FP>
                  <FP SOURCE="FP-2">Harrisburg, PA:</FP>
                  <FP SOURCE="FP1-2">Cumberland County.</FP>
                  <FP SOURCE="FP1-2">Dauphin County.</FP>
                  <FP SOURCE="FP1-2">Perry County.</FP>
                  <FP SOURCE="FP-2">Hartford, CT:</FP>
                  <FP SOURCE="FP1-2">Hartford County.</FP>
                  <FP SOURCE="FP1-2">Middlesex County.</FP>
                  <FP SOURCE="FP1-2">Tolland County.</FP>
                  <FP SOURCE="FP-2">Hawaii:</FP>
                  <FP SOURCE="FP1-2">The entire State.</FP>
                  <FP SOURCE="FP-2">Helena, MT:</FP>
                  <FP SOURCE="FP1-2">Lewis and Clark County.</FP>
                  <FP SOURCE="FP-2">Hot Springs, AR:</FP>
                  <FP SOURCE="FP1-2">Garland County.</FP>
                  <FP SOURCE="FP-2">Houston, TX:</FP>
                  <FP SOURCE="FP1-2">Harris County.</FP>
                  <FP SOURCE="FP-2">Huntington-Ashland, WV-KY-OH:</FP>
                  <FP SOURCE="FP1-2">Cabell County, WV.</FP>
                  <FP SOURCE="FP1-2">Wayne County, WV.</FP>
                  <FP SOURCE="FP1-2">Boyd County, KY.</FP>
                  <FP SOURCE="FP1-2">Lawrence County, OH.</FP>
                  <FP SOURCE="FP-2">Huntsville, AL:</FP>
                  <FP SOURCE="FP1-2">Limestone County.</FP>
                  <FP SOURCE="FP1-2">Madison County.</FP>
                  <FP SOURCE="FP-2">Huron, SD:</FP>
                  <FP SOURCE="FP1-2">Beadle County.</FP>
                  <FP SOURCE="FP-2">Idaho Falls, ID:</FP>
                  <FP SOURCE="FP1-2">Bonneville County.</FP>
                  <FP SOURCE="FP-2">Indianapolis, IN:</FP>
                  <FP SOURCE="FP1-2">Hamilton County.</FP>
                  <FP SOURCE="FP1-2">Hancock County.</FP>
                  <FP SOURCE="FP1-2">Hendricks County.</FP>
                  <FP SOURCE="FP1-2">Johnson County.</FP>
                  <FP SOURCE="FP1-2">Marion County.</FP>
                  <FP SOURCE="FP1-2">Morgan County.</FP>
                  <FP SOURCE="FP1-2">Shelby County.</FP>
                  <FP SOURCE="FP-2">Jackson, MI:</FP>
                  <FP SOURCE="FP1-2">Jackson County</FP>
                  <FP SOURCE="FP-2">Jackson, MS:</FP>
                  <FP SOURCE="FP1-2">Hinds County.</FP>
                  <FP SOURCE="FP1-2">Rankin County.</FP>
                  <FP SOURCE="FP-2">Jackson, TN:</FP>
                  <FP SOURCE="FP1-2">Madison County.</FP>
                  <FP SOURCE="FP-2">Jacksonville, FL:</FP>
                  <FP SOURCE="FP1-2">Duval County.</FP>
                  <FP SOURCE="FP-2">Jefferson City, MO:</FP>
                  <FP SOURCE="FP1-2">Cole County.</FP>
                  <FP SOURCE="FP-2">Jersey City, NJ:</FP>
                  <FP SOURCE="FP1-2">Hudson County.</FP>
                  <FP SOURCE="FP-2">Johnstown, PA:<PRTPAGE P="101"/>
                  </FP>
                  <FP SOURCE="FP1-2">Cambria County.</FP>
                  <FP SOURCE="FP1-2">Somerset County.</FP>
                  <FP SOURCE="FP-2">Kalamazoo, MI:</FP>
                  <FP SOURCE="FP1-2">Kalamazoo County.</FP>
                  <FP SOURCE="FP-2">Kansas City, MO-KS:</FP>
                  <FP SOURCE="FP1-2">Cass County, MO.</FP>
                  <FP SOURCE="FP1-2">Clay County, MO.</FP>
                  <FP SOURCE="FP1-2">Jackson County, MO.</FP>
                  <FP SOURCE="FP1-2">Platte County, MO.</FP>
                  <FP SOURCE="FP1-2">Johnson County, KS.</FP>
                  <FP SOURCE="FP1-2">Wyandotte County, KS.</FP>
                  <FP SOURCE="FP-2">Kenosha, WI:</FP>
                  <FP SOURCE="FP1-2">Kenosha County.</FP>
                  <FP SOURCE="FP-2">Klamath Falls, OR:</FP>
                  <FP SOURCE="FP1-2">Klamath County.</FP>
                  <FP SOURCE="FP-2">Knoxville, TN:</FP>
                  <FP SOURCE="FP1-2">Anderson County.</FP>
                  <FP SOURCE="FP1-2">Blount County.</FP>
                  <FP SOURCE="FP1-2">Knox County.</FP>
                  <FP SOURCE="FP-2">Lafayette, LA:</FP>
                  <FP SOURCE="FP1-2">Lafayette Parish.</FP>
                  <FP SOURCE="FP-2">Lake Charles, LA:</FP>
                  <FP SOURCE="FP1-2">Calcasieu Parish.</FP>
                  <FP SOURCE="FP-2">Lancaster, PA:</FP>
                  <FP SOURCE="FP1-2">Lancaster County.</FP>
                  <FP SOURCE="FP-2">Lansing, MI:</FP>
                  <FP SOURCE="FP1-2">Clinton County.</FP>
                  <FP SOURCE="FP1-2">Eaton County.</FP>
                  <FP SOURCE="FP1-2">Ingham County.</FP>
                  <FP SOURCE="FP-2">Laredo, TX:</FP>
                  <FP SOURCE="FP1-2">Webb County.</FP>
                  <FP SOURCE="FP-2">Las Vegas, NV:</FP>
                  <FP SOURCE="FP1-2">Clark County.</FP>
                  <FP SOURCE="FP-2">Lawrence-Haverhill, MA-NH:</FP>
                  <FP SOURCE="FP1-2">Essex County, MA.</FP>
                  <FP SOURCE="FP1-2">Rockingham County, NH.</FP>
                  <FP SOURCE="FP-2">Lawton, OK:</FP>
                  <FP SOURCE="FP1-2">Comanche County.</FP>
                  <FP SOURCE="FP-2">Lewiston-Auburn, ME:</FP>
                  <FP SOURCE="FP1-2">Androscoggin County.</FP>
                  <FP SOURCE="FP-2">Lexington, KY:</FP>
                  <FP SOURCE="FP1-2">Fayette County.</FP>
                  <FP SOURCE="FP-2">Lima, OH:</FP>
                  <FP SOURCE="FP1-2">Allen County.</FP>
                  <FP SOURCE="FP-2">Lincoln, NE:</FP>
                  <FP SOURCE="FP1-2">Lancaster County.</FP>
                  <FP SOURCE="FP-2">Little Rock-North Little Rock, AR:</FP>
                  <FP SOURCE="FP1-2">Pulaski County.</FP>
                  <FP SOURCE="FP-2">Logan, UT:</FP>
                  <FP SOURCE="FP1-2">Cache County.</FP>
                  <FP SOURCE="FP-2">Lorain-Elyria, OH:</FP>
                  <FP SOURCE="FP1-2">Lorain County,</FP>
                  <FP SOURCE="FP-2">Los Angeles-Long Beach, CA:</FP>
                  <FP SOURCE="FP1-2">Los Angeles County.</FP>
                  <FP SOURCE="FP-2">Louisville, KY/IN.</FP>
                  <FP SOURCE="FP1-2">Jefferson County, KY.</FP>
                  <FP SOURCE="FP1-2">Clark County, IN.</FP>
                  <FP SOURCE="FP1-2">Floyd County, IN.</FP>
                  <FP SOURCE="FP-2">Lowell, MA:</FP>
                  <FP SOURCE="FP1-2">Middlesex County.</FP>
                  <FP SOURCE="FP-2">Lubbock, TX:</FP>
                  <FP SOURCE="FP1-2">Lubbock County.</FP>
                  <FP SOURCE="FP-2">Lynchburg, VA:</FP>
                  <FP SOURCE="FP1-2">Lynchburg City.</FP>
                  <FP SOURCE="FP1-2">Amherst County.</FP>
                  <FP SOURCE="FP1-2">Campbell County.</FP>
                  <FP SOURCE="FP-2">Macon, GA:</FP>
                  <FP SOURCE="FP1-2">Bibb County.</FP>
                  <FP SOURCE="FP1-2">Houston County.</FP>
                  <FP SOURCE="FP-2">Madison, WI:</FP>
                  <FP SOURCE="FP1-2">Dane County.</FP>
                  <FP SOURCE="FP-2">Manchester, NH:</FP>
                  <FP SOURCE="FP1-2">Hillsborough County.</FP>
                  <FP SOURCE="FP1-2">Merrimack County.</FP>
                  <FP SOURCE="FP-2">Manhattan, KS:</FP>
                  <FP SOURCE="FP1-2">Riley County.</FP>
                  <FP SOURCE="FP-2">McCook, NE:</FP>
                  <FP SOURCE="FP1-2">Red Willow County.</FP>
                  <FP SOURCE="FP-2">Medford, OR:</FP>
                  <FP SOURCE="FP1-2">Jackson County.</FP>
                  <FP SOURCE="FP-2">Memphis, TN-AR:</FP>
                  <FP SOURCE="FP1-2">Shelby County, TN.</FP>
                  <FP SOURCE="FP1-2">Crittenden County, AR.</FP>
                  <FP SOURCE="FP-2">Meriden, CT:</FP>
                  <FP SOURCE="FP1-2">New Haven County.</FP>
                  <FP SOURCE="FP-2">Meridian, MS:</FP>
                  <FP SOURCE="FP1-2">Lauderdale County.</FP>
                  <FP SOURCE="FP-2">Miami, FL:</FP>
                  <FP SOURCE="FP1-2">Dade County.</FP>
                  <FP SOURCE="FP-2">Midland, TX:</FP>
                  <FP SOURCE="FP1-2">Midland County.</FP>
                  <FP SOURCE="FP-2">Milwaukee, WI:</FP>
                  <FP SOURCE="FP1-2">Milwaukee County.</FP>
                  <FP SOURCE="FP1-2">Ozaukee County.</FP>
                  <FP SOURCE="FP1-2">Waukesha County.</FP>
                  <FP SOURCE="FP-2">Minneapolis-St. Paul, MN:</FP>
                  <FP SOURCE="FP1-2">Anoka County.</FP>
                  <FP SOURCE="FP1-2">Dakota County.</FP>
                  <FP SOURCE="FP1-2">Hennepin County.</FP>
                  <FP SOURCE="FP1-2">Ramsey County.</FP>
                  <FP SOURCE="FP1-2">Washington County.</FP>
                  <FP SOURCE="FP-2">Missoula, MT:</FP>
                  <FP SOURCE="FP1-2">Missoula County.</FP>
                  <FP SOURCE="FP-2">Mobile, AL:</FP>
                  <FP SOURCE="FP1-2">Baldwin County.</FP>
                  <FP SOURCE="FP1-2">Mobile County.</FP>
                  <FP SOURCE="FP-2">Monroe, LA:</FP>
                  <FP SOURCE="FP1-2">Ouachita Parish.</FP>
                  <FP SOURCE="FP-2">Montgomery, AL:</FP>
                  <FP SOURCE="FP1-2">Elmore County.</FP>
                  <FP SOURCE="FP1-2">Montgomery County.</FP>
                  <FP SOURCE="FP-2">Morgantown, WV:</FP>
                  <FP SOURCE="FP1-2">Monongahela County.</FP>
                  <FP SOURCE="FP-2">Muncie, IN:</FP>
                  <FP SOURCE="FP1-2">Delaware County.</FP>
                  <FP SOURCE="FP-2">Muskegon-Muskegon Heights, MI:</FP>
                  <FP SOURCE="FP1-2">Muskegon County.</FP>
                  <FP SOURCE="FP-2">Muskogee, OK:</FP>
                  <FP SOURCE="FP1-2">Muskogee County.</FP>
                  <FP SOURCE="FP-2">Nashville, TN:</FP>
                  <FP SOURCE="FP1-2">Davidson County.</FP>
                  <FP SOURCE="FP1-2">Sumner County.</FP>
                  <FP SOURCE="FP1-2">Wilson County.</FP>
                  <FP SOURCE="FP-2">Newark, NY:</FP>
                  <FP SOURCE="FP1-2">Essex County.</FP>
                  <FP SOURCE="FP1-2">Morris County.</FP>
                  <FP SOURCE="FP1-2">Union County.</FP>
                  <FP SOURCE="FP-2">New Bedford, MA:</FP>
                  <FP SOURCE="FP1-2">Bristol County.</FP>
                  <FP SOURCE="FP1-2">Plymouth County.</FP>
                  <FP SOURCE="FP-2">New Britain, CT:</FP>
                  <FP SOURCE="FP1-2">Hartford County.</FP>
                  <FP SOURCE="FP-2">New Haven, CT:</FP>
                  <FP SOURCE="FP1-2">New Haven County.<PRTPAGE P="102"/>
                  </FP>
                  <FP SOURCE="FP-2">New London-Groton-Norwich, CT:</FP>
                  <FP SOURCE="FP1-2">New London County.</FP>
                  <FP SOURCE="FP-2">New Orleans, LA:</FP>
                  <FP SOURCE="FP1-2">Jefferson Parish.</FP>
                  <FP SOURCE="FP1-2">Orleans Parish.</FP>
                  <FP SOURCE="FP1-2">St. Bernard Parish.</FP>
                  <FP SOURCE="FP1-2">St. Tammany Parish.</FP>
                  <FP SOURCE="FP-2">Newport News-Hampton, VA:</FP>
                  <FP SOURCE="FP1-2">Hampton City.</FP>
                  <FP SOURCE="FP1-2">Newport News City.</FP>
                  <FP SOURCE="FP1-2">York County.</FP>
                  <FP SOURCE="FP-2">New York, NY:</FP>
                  <FP SOURCE="FP1-2">Bronx County.</FP>
                  <FP SOURCE="FP1-2">Kings County.</FP>
                  <FP SOURCE="FP1-2">Nassau County.</FP>
                  <FP SOURCE="FP1-2">New York County.</FP>
                  <FP SOURCE="FP1-2">Queens County.</FP>
                  <FP SOURCE="FP1-2">Richmond County.</FP>
                  <FP SOURCE="FP1-2">Rockland County.</FP>
                  <FP SOURCE="FP1-2">Suffolk County.</FP>
                  <FP SOURCE="FP1-2">Westchester County.</FP>
                  <FP SOURCE="FP-2">Norfolk-Portsmouth, VA:</FP>
                  <FP SOURCE="FP1-2">Chesapeake City.</FP>
                  <FP SOURCE="FP1-2">Norfolk City.</FP>
                  <FP SOURCE="FP1-2">Portsmouth City.</FP>
                  <FP SOURCE="FP1-2">Virginia Beach City.</FP>
                  <FP SOURCE="FP-2">Norwalk, CT:</FP>
                  <FP SOURCE="FP1-2">Fairfield County.</FP>
                  <FP SOURCE="FP-2">Odessa, TX:</FP>
                  <FP SOURCE="FP1-2">Ector County.</FP>
                  <FP SOURCE="FP-2">Ogden, UT:</FP>
                  <FP SOURCE="FP1-2">Weber County.</FP>
                  <FP SOURCE="FP-2">Oklahoma City, OK:</FP>
                  <FP SOURCE="FP1-2">Canadian County.</FP>
                  <FP SOURCE="FP1-2">Cleveland County.</FP>
                  <FP SOURCE="FP1-2">Oklahoma County.</FP>
                  <FP SOURCE="FP-2">Olympia, WA:</FP>
                  <FP SOURCE="FP1-2">Thurston County.</FP>
                  <FP SOURCE="FP-2">Omaha, NE-IA:</FP>
                  <FP SOURCE="FP1-2">Douglas County, NE.</FP>
                  <FP SOURCE="FP1-2">Sarpy County, NE.</FP>
                  <FP SOURCE="FP1-2">Pottawattamie County, IA.</FP>
                  <FP SOURCE="FP-2">Orlando, FL:</FP>
                  <FP SOURCE="FP1-2">Orange County.</FP>
                  <FP SOURCE="FP1-2">Seminole County.</FP>
                  <FP SOURCE="FP-2">Parkersburg, WV:</FP>
                  <FP SOURCE="FP1-2">Wood County.</FP>
                  <FP SOURCE="FP-2">Paterson-Clifton-Passaic, NJ:</FP>
                  <FP SOURCE="FP1-2">Bergen County.</FP>
                  <FP SOURCE="FP1-2">Passaic County.</FP>
                  <FP SOURCE="FP-2">Pensacola, FL:</FP>
                  <FP SOURCE="FP1-2">Escambia County.</FP>
                  <FP SOURCE="FP1-2">Santa Rosa County.</FP>
                  <FP SOURCE="FP-2">Peoria, IL:</FP>
                  <FP SOURCE="FP1-2">Peoria County.</FP>
                  <FP SOURCE="FP1-2">Tazewell County.</FP>
                  <FP SOURCE="FP1-2">Woodford County.</FP>
                  <FP SOURCE="FP-2">Philadelphia, PA-NJ:</FP>
                  <FP SOURCE="FP1-2">Bucks County, PA.</FP>
                  <FP SOURCE="FP1-2">Chester County, PA.</FP>
                  <FP SOURCE="FP1-2">Delaware County, PA.</FP>
                  <FP SOURCE="FP1-2">Montgomery County, PA.</FP>
                  <FP SOURCE="FP1-2">Philadelphia County, PA.</FP>
                  <FP SOURCE="FP1-2">Burlington County, NJ.</FP>
                  <FP SOURCE="FP1-2">Camden County, NJ.</FP>
                  <FP SOURCE="FP1-2">Gloucester County, NJ.</FP>
                  <FP SOURCE="FP-2">Phoenix, AZ:</FP>
                  <FP SOURCE="FP1-2">Maricopa County.</FP>
                  <FP SOURCE="FP-2">Pierre, SD:</FP>
                  <FP SOURCE="FP1-2">Hughes County.</FP>
                  <FP SOURCE="FP-2">Pittsburgh, PA:</FP>
                  <FP SOURCE="FP1-2">Allegheny County.</FP>
                  <FP SOURCE="FP1-2">Beaver County.</FP>
                  <FP SOURCE="FP1-2">Washington County.</FP>
                  <FP SOURCE="FP1-2">Westmoreland County.</FP>
                  <FP SOURCE="FP-2">Pittsfield, MA:</FP>
                  <FP SOURCE="FP1-2">Berkshire County.</FP>
                  <FP SOURCE="FP-2">Portland, ME:</FP>
                  <FP SOURCE="FP1-2">Cumberland County.</FP>
                  <FP SOURCE="FP-2">Portland, OR-WA:</FP>
                  <FP SOURCE="FP1-2">Clackamas County, OR.</FP>
                  <FP SOURCE="FP1-2">Multnomah County, OR:</FP>
                  <FP SOURCE="FP1-2">Washington County, OR.</FP>
                  <FP SOURCE="FP1-2">Clark County, WA.</FP>
                  <FP SOURCE="FP-2">Portsmouth, NH:</FP>
                  <FP SOURCE="FP1-2">Rockingham County.</FP>
                  <FP SOURCE="FP-2">Providence-Pawtucket-Warwick, RI-MA:</FP>
                  <FP SOURCE="FP1-2">Bristol County, RI.</FP>
                  <FP SOURCE="FP1-2">Kent County, RI.</FP>
                  <FP SOURCE="FP1-2">Newport County, RI.</FP>
                  <FP SOURCE="FP1-2">Providence County, RI.</FP>
                  <FP SOURCE="FP1-2">Washington County, RI.</FP>
                  <FP SOURCE="FP1-2">Bristol County, MA.</FP>
                  <FP SOURCE="FP1-2">Norfolk County, MA.</FP>
                  <FP SOURCE="FP1-2">Worcester County, MA.</FP>
                  <FP SOURCE="FP-2">Provo-Orem, UT:</FP>
                  <FP SOURCE="FP1-2">Utah County.</FP>
                  <FP SOURCE="FP-2">Pueblo, CO:</FP>
                  <FP SOURCE="FP1-2">Pueblo County.</FP>
                  <FP SOURCE="FP-2">Puerto Rico:</FP>
                  <FP SOURCE="FP1-2">The entire Commonwealth.</FP>
                  <FP SOURCE="FP-2">Racine, WI:</FP>
                  <FP SOURCE="FP1-2">Racine County.</FP>
                  <FP SOURCE="FP-2">Raleigh, NC:</FP>
                  <FP SOURCE="FP1-2">Wake County.</FP>
                  <FP SOURCE="FP-2">Rapid City, SD:</FP>
                  <FP SOURCE="FP1-2">Pennington County.</FP>
                  <FP SOURCE="FP-2">Reading, PA:</FP>
                  <FP SOURCE="FP1-2">Berks County.</FP>
                  <FP SOURCE="FP-2">Reno, NV:</FP>
                  <FP SOURCE="FP1-2">Washoe County.</FP>
                  <FP SOURCE="FP-2">Richmond, VA:</FP>
                  <FP SOURCE="FP1-2">Richmond City.</FP>
                  <FP SOURCE="FP1-2">Chesterfield County.</FP>
                  <FP SOURCE="FP1-2">Hanover County.</FP>
                  <FP SOURCE="FP1-2">Henrico County.</FP>
                  <FP SOURCE="FP-2">Roanoke, VA:</FP>
                  <FP SOURCE="FP1-2">Roanoke City.</FP>
                  <FP SOURCE="FP1-2">Roanoke County.</FP>
                  <FP SOURCE="FP-2">Rochester, NY:</FP>
                  <FP SOURCE="FP1-2">Livingston County.</FP>
                  <FP SOURCE="FP1-2">Monroe County.</FP>
                  <FP SOURCE="FP1-2">Orleans County.</FP>
                  <FP SOURCE="FP1-2">Wayne County.</FP>
                  <FP SOURCE="FP-2">Rockford, IL:</FP>
                  <FP SOURCE="FP1-2">Boone County.</FP>
                  <FP SOURCE="FP1-2">Winnebago County.</FP>
                  <FP SOURCE="FP-2">Rolla, MO:</FP>
                  <FP SOURCE="FP1-2">Phelps County.</FP>
                  <FP SOURCE="FP-2">Rome, GA:</FP>
                  <FP SOURCE="FP1-2">Floyd County.</FP>
                  <FP SOURCE="FP-2">Sacramento, CA:</FP>
                  <FP SOURCE="FP1-2">Placer County.</FP>
                  <FP SOURCE="FP1-2">Sacramento County.<PRTPAGE P="103"/>
                  </FP>
                  <FP SOURCE="FP1-2">Yolo County.</FP>
                  <FP SOURCE="FP-2">Saginaw, MI:</FP>
                  <FP SOURCE="FP1-2">Saginaw County.</FP>
                  <FP SOURCE="FP-2">St. Albans, VT:</FP>
                  <FP SOURCE="FP1-2">Franklin County.</FP>
                  <FP SOURCE="FP-2">St. Joseph, MO:</FP>
                  <FP SOURCE="FP1-2">Buchanan County.</FP>
                  <FP SOURCE="FP-2">St. Louis, MO-IL:</FP>
                  <FP SOURCE="FP1-2">St. Louis City, MO.</FP>
                  <FP SOURCE="FP1-2">Jefferson County, MO.</FP>
                  <FP SOURCE="FP1-2">St. Charles County, MO.</FP>
                  <FP SOURCE="FP1-2">St. Louis County, MO.</FP>
                  <FP SOURCE="FP1-2">Madison County, IL.</FP>
                  <FP SOURCE="FP1-2">St. Clair County, IL.</FP>
                  <FP SOURCE="FP-2">Salem, OR:</FP>
                  <FP SOURCE="FP1-2">Marion County.</FP>
                  <FP SOURCE="FP1-2">Polk County.</FP>
                  <FP SOURCE="FP-2">Salina, KS:</FP>
                  <FP SOURCE="FP1-2">Saline County.</FP>
                  <FP SOURCE="FP-2">Salisbury, MD:</FP>
                  <FP SOURCE="FP1-2">Wicomico County.</FP>
                  <FP SOURCE="FP-2">Salt Lake City, UT:</FP>
                  <FP SOURCE="FP1-2">Davis County.</FP>
                  <FP SOURCE="FP1-2">Salt Lake County.</FP>
                  <FP SOURCE="FP-2">San Angelo, TX:</FP>
                  <FP SOURCE="FP1-2">Tom Green County.</FP>
                  <FP SOURCE="FP-2">San Antonio, TX:</FP>
                  <FP SOURCE="FP1-2">Bexar County.</FP>
                  <FP SOURCE="FP1-2">Guadalupe County.</FP>
                  <FP SOURCE="FP-2">San Bernardino-Riverside-Ontario, CA:</FP>
                  <FP SOURCE="FP1-2">Riverside County.</FP>
                  <FP SOURCE="FP1-2">San Bernardino County.</FP>
                  <FP SOURCE="FP-2">San Diego, CA:</FP>
                  <FP SOURCE="FP1-2">San Diego County.</FP>
                  <FP SOURCE="FP-2">San Francisco-Oakland, CA:</FP>
                  <FP SOURCE="FP1-2">Alameda County.</FP>
                  <FP SOURCE="FP1-2">Contra Costa County.</FP>
                  <FP SOURCE="FP1-2">Marin County.</FP>
                  <FP SOURCE="FP1-2">San Francisco County.</FP>
                  <FP SOURCE="FP1-2">San Mateo County.</FP>
                  <FP SOURCE="FP-2">San Jose, CA:</FP>
                  <FP SOURCE="FP1-2">Santa Clara County.</FP>
                  <FP SOURCE="FP-2">Santa Barbara, CA:</FP>
                  <FP SOURCE="FP1-2">Santa Barbara County.</FP>
                  <FP SOURCE="FP-2">Santa Fe, NM:</FP>
                  <FP SOURCE="FP1-2">Santa Fe County.</FP>
                  <FP SOURCE="FP-2">Savannah, GA:</FP>
                  <FP SOURCE="FP1-2">Chatham County.</FP>
                  <FP SOURCE="FP-2">Scottsbluff, NE:</FP>
                  <FP SOURCE="FP1-2">Scotts Bluff County.</FP>
                  <FP SOURCE="FP-2">Scranton, PA:</FP>
                  <FP SOURCE="FP1-2">Lackawanna County.</FP>
                  <FP SOURCE="FP-2">Seattle-Everett, WA:</FP>
                  <FP SOURCE="FP1-2">King County.</FP>
                  <FP SOURCE="FP1-2">Snohomish County.</FP>
                  <FP SOURCE="FP-2">Sheridan, WY:</FP>
                  <FP SOURCE="FP1-2">Sheridan County</FP>
                  <FP SOURCE="FP-2">Shreveport, LA:</FP>
                  <FP SOURCE="FP1-2">Bossier Parish.</FP>
                  <FP SOURCE="FP1-2">Caddo Parish.</FP>
                  <FP SOURCE="FP-2">Sioux City, IA-NE:</FP>
                  <FP SOURCE="FP1-2">Woodbury County, IA.</FP>
                  <FP SOURCE="FP1-2">Dakota County, NE.</FP>
                  <FP SOURCE="FP-2">Sioux Falls, SD:</FP>
                  <FP SOURCE="FP1-2">Minnehaha County.</FP>
                  <FP SOURCE="FP-2">South Bend, IN:</FP>
                  <FP SOURCE="FP1-2">St. Joseph County.</FP>
                  <FP SOURCE="FP1-2">Marshall County.</FP>
                  <FP SOURCE="FP-2">Spartanburg, SC:</FP>
                  <FP SOURCE="FP1-2">Spartanburg County.</FP>
                  <FP SOURCE="FP-2">Spokane, WA:</FP>
                  <FP SOURCE="FP1-2">Spokane County.</FP>
                  <FP SOURCE="FP-2">Springfield-Chicopee-Holyoke, MA:</FP>
                  <FP SOURCE="FP1-2">Hampden County.</FP>
                  <FP SOURCE="FP1-2">Hampshire County.</FP>
                  <FP SOURCE="FP1-2">Worcester County.</FP>
                  <FP SOURCE="FP-2">Springfield, IL:</FP>
                  <FP SOURCE="FP1-2">Sangamon County.</FP>
                  <FP SOURCE="FP-2">Springfield, MO:</FP>
                  <FP SOURCE="FP1-2">Greene County.</FP>
                  <FP SOURCE="FP-2">Springfield, OH:</FP>
                  <FP SOURCE="FP1-2">Clark County.</FP>
                  <FP SOURCE="FP-2">Stamford, CT:</FP>
                  <FP SOURCE="FP1-2">Fairfield County.</FP>
                  <FP SOURCE="FP-2">Steubenville-Weirton, OH-WV:</FP>
                  <FP SOURCE="FP1-2">Jefferson County, OH.</FP>
                  <FP SOURCE="FP1-2">Brooke County, WV.</FP>
                  <FP SOURCE="FP1-2">Hancock County, WV.</FP>
                  <FP SOURCE="FP-2">Stillwater, OK:</FP>
                  <FP SOURCE="FP1-2">Payne County.</FP>
                  <FP SOURCE="FP-2">Stockton, CA:</FP>
                  <FP SOURCE="FP1-2">San Joaquin County.</FP>
                  <FP SOURCE="FP-2">Syracuse, NY:</FP>
                  <FP SOURCE="FP1-2">Madison County.</FP>
                  <FP SOURCE="FP1-2">Onondaga County.</FP>
                  <FP SOURCE="FP1-2">Oswego County.</FP>
                  <FP SOURCE="FP-2">Tacoma, WA:</FP>
                  <FP SOURCE="FP1-2">Pierce County.</FP>
                  <FP SOURCE="FP-2">Tallahassee, FL:</FP>
                  <FP SOURCE="FP1-2">Leon County.</FP>
                  <FP SOURCE="FP-2">Tampa-St. Petersburg, FL:</FP>
                  <FP SOURCE="FP1-2">Hillsborough County.</FP>
                  <FP SOURCE="FP1-2">Pinellas County.</FP>
                  <FP SOURCE="FP-2">Temple, TX:</FP>
                  <FP SOURCE="FP1-2">Bell County.</FP>
                  <FP SOURCE="FP-2">Terre Haute, IN:</FP>
                  <FP SOURCE="FP1-2">Clay County.</FP>
                  <FP SOURCE="FP1-2">Sullivan County.</FP>
                  <FP SOURCE="FP1-2">Vermillion County.</FP>
                  <FP SOURCE="FP1-2">Vigo County.</FP>
                  <FP SOURCE="FP-2">Texarkana, TX-AR:</FP>
                  <FP SOURCE="FP1-2">Bowie County, TX.</FP>
                  <FP SOURCE="FP1-2">Miller County, AR.</FP>
                  <FP SOURCE="FP-2">Toledo, OH-MI:</FP>
                  <FP SOURCE="FP1-2">Lucas County, OH.</FP>
                  <FP SOURCE="FP1-2">Wood County, OH.</FP>
                  <FP SOURCE="FP1-2">Monroe County, MI.</FP>
                  <FP SOURCE="FP-2">Topeka, KS:</FP>
                  <FP SOURCE="FP1-2">Shawnee County.</FP>
                  <FP SOURCE="FP-2">Trenton, NJ:</FP>
                  <FP SOURCE="FP1-2">Mercer County.</FP>
                  <FP SOURCE="FP-2">Tucson, AZ:</FP>
                  <FP SOURCE="FP1-2">Pima County.</FP>
                  <FP SOURCE="FP-2">Tulsa, OK:</FP>
                  <FP SOURCE="FP1-2">Creek County.</FP>
                  <FP SOURCE="FP1-2">Osage County.</FP>
                  <FP SOURCE="FP1-2">Tulsa County.</FP>
                  <FP SOURCE="FP-2">Tuscaloosa, AL:</FP>
                  <FP SOURCE="FP1-2">Tuscaloosa County.</FP>
                  <FP SOURCE="FP-2">Tyler, TX:</FP>
                  <FP SOURCE="FP1-2">Smith County.</FP>
                  <FP SOURCE="FP-2">Utica-Rome, NY:</FP>
                  <FP SOURCE="FP1-2">Herkimer County.</FP>
                  <FP SOURCE="FP1-2">Oneida County.<PRTPAGE P="104"/>
                  </FP>
                  <FP SOURCE="FP-2">Vallejo-Napa, CA:</FP>
                  <FP SOURCE="FP1-2">Napa County.</FP>
                  <FP SOURCE="FP1-2">Solano County.</FP>
                  <FP SOURCE="FP-2">Vicksburg, MS:</FP>
                  <FP SOURCE="FP1-2">Warren County.</FP>
                  <FP SOURCE="FP-2">Virgin Islands:</FP>
                  <FP SOURCE="FP1-2">The entire Territory.</FP>
                  <FP SOURCE="FP-2">Waco, TX:</FP>
                  <FP SOURCE="FP1-2">McLennan County.</FP>
                  <FP SOURCE="FP-2">Walla Walla, WA:</FP>
                  <FP SOURCE="FP1-2">Walla Walla County.</FP>
                  <FP SOURCE="FP1-2">Benton County.</FP>
                  <FP SOURCE="FP-2">Washington, DC-MD-VA:</FP>
                  <FP SOURCE="FP1-2">District of Columbia.</FP>
                  <FP SOURCE="FP1-2">Montgomery County, MD.</FP>
                  <FP SOURCE="FP1-2">Prince Georges County, MD.</FP>
                  <FP SOURCE="FP1-2">Alexandria City, VA.</FP>
                  <FP SOURCE="FP1-2">Fairfax City, VA.</FP>
                  <FP SOURCE="FP1-2">Falls Church, VA.</FP>
                  <FP SOURCE="FP1-2">Arlington County, VA.</FP>
                  <FP SOURCE="FP1-2">Fairfax County, VA.</FP>
                  <FP SOURCE="FP-2">Waterbury, CT;</FP>
                  <FP SOURCE="FP1-2">Litchfield County.</FP>
                  <FP SOURCE="FP1-2">New Haven County.</FP>
                  <FP SOURCE="FP-2">Waterloo, IA:</FP>
                  <FP SOURCE="FP1-2">Black Hawk County.</FP>
                  <FP SOURCE="FP-2">Wenatchee, WA:</FP>
                  <FP SOURCE="FP1-2">Chelan County.</FP>
                  <FP SOURCE="FP-2">West Palm Beach, FL:</FP>
                  <FP SOURCE="FP1-2">Palm Beach County.</FP>
                  <FP SOURCE="FP-2">Wheeling, WV-OH:</FP>
                  <FP SOURCE="FP1-2">Marshall County, WV.</FP>
                  <FP SOURCE="FP1-2">Ohio County, WV.</FP>
                  <FP SOURCE="FP1-2">Belmont County, OH.</FP>
                  <FP SOURCE="FP-2">Wichita, KS:</FP>
                  <FP SOURCE="FP1-2">Butler County.</FP>
                  <FP SOURCE="FP1-2">Sedgwick County.</FP>
                  <FP SOURCE="FP-2">Wichita Falls, TX:</FP>
                  <FP SOURCE="FP1-2">Archer County.</FP>
                  <FP SOURCE="FP1-2">Wichita County.</FP>
                  <FP SOURCE="FP-2">Wilkes Barre-Hazleton, PA:</FP>
                  <FP SOURCE="FP1-2">Luzerne County.</FP>
                  <FP SOURCE="FP-2">Wilmington, DE-NJ-MD:</FP>
                  <FP SOURCE="FP1-2">New Castle County, DE.</FP>
                  <FP SOURCE="FP1-2">Salem County, NJ.</FP>
                  <FP SOURCE="FP1-2">Cecil County, MD.</FP>
                  <FP SOURCE="FP-2">Wilmington, NC:</FP>
                  <FP SOURCE="FP1-2">New Hanover County.</FP>
                  <FP SOURCE="FP-2">Winston-Salem, NC:</FP>
                  <FP SOURCE="FP1-2">Forsyth County.</FP>
                  <FP SOURCE="FP-2">Worcester, MA:</FP>
                  <FP SOURCE="FP1-2">Worcester County.</FP>
                  <FP SOURCE="FP-2">Yakima, WA:</FP>
                  <FP SOURCE="FP1-2">Yakima County.</FP>
                  <FP SOURCE="FP-2">York, PA:</FP>
                  <FP SOURCE="FP1-2">Adams County.</FP>
                  <FP SOURCE="FP1-2">York County.</FP>
                  <FP SOURCE="FP-2">Youngstown-Warren, OH:</FP>
                  <FP SOURCE="FP1-2">Mahoning County.</FP>
                  <FP SOURCE="FP1-2">Trumbull County.</FP>
                  <FP SOURCE="FP-2">Yuma, AZ:</FP>
                  <FP SOURCE="FP1-2">Yuma County.</FP>
                </EXTRACT>
                
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.104-1</SECTNO>
                <SUBJECT>Limitations on the use of delegated authority.</SUBJECT>
                <P>(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 § 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>The thresholds for prospectuses are indexed, and change each year.</P>
                </NOTE>

                <P>(d) Agencies having a need for other than temporary parking accommodations in the urban centers listed in § 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 <PRTPAGE P="105"/>procedures outlined in § 101-17.202-2 prior to instituting procurement action to acquire parking facilities or services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.104-2</SECTNO>
                <SUBJECT>Categorical space delegations.</SUBJECT>
                <P>Subject to the limitations cited in § 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:</P>
                <P>(a) Space to house antennas, repeaters, or transmission equipment;</P>
                <P>(b) Depots, including, but not limited to, stockpiling depots and torpedo net depots;</P>
                <P>(c) Docks, piers, and mooring facilities (including closed storage space required in combination with such facilities);</P>
                <P>(d) Fumigation areas;</P>
                <P>(e) Garage space (may be leased only on a fiscal year basis);</P>
                <P>(f) Greenhouses;</P>
                <P>(g) Hangars and other airport operating facilities including, but not limited to, flight preparation space, aircraft storage areas, and repair shops;</P>
                <P>(h) Hospitals, including medical clinics;</P>
                <P>(i) Housing (temporary), including hotels (does not include quarters obtained pursuant to temporary duty travel or employee relocation);</P>
                <P>(j) Laundries;</P>
                <P>(k) Quarantine facilities for plants, birds, and other animals;</P>
                <P>(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.)</P>
                <P>(m) Recruiting space for the armed forces (lease terms, including all options, limited to 5 years);</P>
                <P>(n) Schools directly related to the special purpose function(s) of an agency;</P>
                <P>(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>
                <P>(p) Space for short-term use as provided in § 101-17.203 (lease terms limited to 180 days with extensions granted on a case-by-case basis).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.104-3</SECTNO>
                <SUBJECT>Agency special purpose space delegations.</SUBJECT>
                <P>Subject to the limitations cited in § 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:</P>
                <P>(a) Department of Agriculture:</P>
                <P>(1) Cotton classing laboratories (lease terms, including all options, limited to 5 years);</P>
                <P>(2) Land (if unimproved, may be leased only on a fiscal year basis);</P>
                <P>(3) Miscellaneous storage by cubic foot or weight basis;</P>
                <P>(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);</P>
                <P>(5) Space for agricultural commodities stored in licensed warehouses and utilized under warehouse contracts;</P>
                <P>(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.</P>
                <P>(b) Department of Commerce:</P>
                <P>(1) Census Bureau—Space required in connection with conducting the decennial census (lease terms, including all options, limited to 5 years);</P>

                <P>(2) Laboratories for testing materials, classified or ordnance devices, calibration of instruments, and atmospheric and oceanic research (lease <PRTPAGE P="106"/>terms, including all options, limited to 5 years);</P>
                <P>(3) Maritime training stations;</P>
                <P>(4) Radio stations;</P>
                <P>(5) Land (if unimproved, may be leased only on a fiscal year basis);</P>
                <P>(6) National Weather Service meteorological facilities.</P>
                <P>(c) Department of Defense:</P>
                <P>(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);</P>
                <P>(2) Armories;</P>
                <P>(3) Film library in the vicinity of Washington, DC;</P>
                <P>(4) Leased building at Air Force Base, Jackson, MS;</P>
                <P>(5) Mess halls;</P>
                <P>(6) Ports of embarkation and debarkation;</P>
                <P>(7) Post exchanges;</P>
                <P>(8) Postal Concentration Center, Long Island City, NY;</P>
                <P>(9) Recreation centers;</P>
                <P>(10) Reserve training space;</P>
                <P>(11) Service clubs;</P>
                <P>(12) Testing laboratories (lease terms, including all options, limited to 5 years).</P>
                <P>(d) Department of Energy: Facilities housing the special purpose or special location activities of the old Atomic Energy Commission.</P>
                <P>(e) Federal Communications Commission: Monitoring station sites.</P>
                <P>(f) Department of Health and Human Services: Laboratories (lease terms, including all options, limited to 5 years).</P>
                <P>(g) Department of the Interior:</P>
                <P>(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);</P>
                <P>(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.</P>
                <P>(h) Department of Justice:</P>
                <P>(1) U.S. marshals Office in any Alaska location (lease terms, including all options, limited to 5 years);</P>
                <P>(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);</P>
                <P>(3) Space used for storage and maintenance of surveillance vehicles and seized property (lease terms, including all options, limited to 5 years);</P>
                <P>(4) Space used for review and custody of records and other evidentiary materials (lease terms, including all options, limited to 5 years);</P>
                <P>(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.)</P>
                <P>(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).</P>
                <P>(j) Department of Transportation:</P>
                <P>(1) Federal Aviation Administration:</P>
                <P>(i) Land at airports (if unimproved, land may be leased only on a fiscal year basis);</P>
                <P>(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);</P>
                <P>(2) U.S. Coast Guard:</P>
                <P>(i) Space for the oceanic unit, Woods Hole, MA;</P>
                <P>(ii) Space for port security activities.</P>
                <P>(k) Department of the Treasury:</P>

                <P>(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);<PRTPAGE P="107"/>
                </P>
                <P>(2) U.S. Customs Service—Aerostat radar facilities necessary for agency mission activities;</P>
                <P>(l) Department of Veterans Affairs:</P>
                <P>(1) Guidance and training centers located at schools and colleges;</P>
                <P>(2) Space used for veterans hospitals, including outpatient and medical-related clinics, such as drug, mental health, and alcohol.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.105</SECTNO>
                <SUBJECT>Contingent fees and related procedure.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.106</SECTNO>
                <SUBJECT>Application of socioeconomic considerations.</SUBJECT>
                <P>(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.</P>
                <P>(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:</P>
                <P>(1) 100 or more low- or moderate-income employees are expected to be employed in the space to be leased; and</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) Other socioeconomic considerations described in § 101-19.101 are also applicable to lease acquisitions.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-18.2—Acquisition by Purchase or Condemnation</HD>
              <SECTION>
                <SECTNO>§ 101-18.200</SECTNO>
                <SUBJECT>Purpose.</SUBJECT>
                <P>These regulations will:</P>
                <P>(a) Encourage and expedite the acquisition of real property by agreements with owners;</P>
                <P>(b) Avoid litigation where possible and relieve congestion in the courts;</P>
                <P>(c) Insure consistent treatment of owners in the many Federal programs; and</P>
                <P>(d) Promote public confidence in Federal land acquisition practices.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.201</SECTNO>
                <SUBJECT>Basic acquisition policy.</SUBJECT>
                <P>GSA, to the greatest extent practicable, will:</P>
                <P>(a) Make every reasonable effort to acquire expeditiously real property by negotiation.</P>
                <P>(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.</P>

                <P>(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:<PRTPAGE P="108"/>
                </P>
                <P>(1) Identification of the real property and the estate or interest therein to be acquired;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(4) A statement that GSA's determination of just compensation is not less than its approved appraisal of the property; and</P>
                <P>(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.</P>
                <P>(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:</P>
                <P>(1) Fair market value of the buildings, structures, or other improvements to be removed from the property; or</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="109"/>
                <SECTNO>§ 101-18.202</SECTNO>
                <SUBJECT>Expenses incidental to transfer.</SUBJECT>
                <P>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:</P>
                <P>(a) Recording fees, transfer taxes (other than tax imposed on the United States), and similar expenses incidental to conveying the real property;</P>
                <P>(b) Penalty cost for prepayment of any preexisting recorded mortgage entered into in good faith encumbering said real property; and</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-18.203</SECTNO>
                <SUBJECT>Litigation expenses.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subpart 101-18.3[Reserved]</RESERVED>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-19</EAR>
            <HD SOURCE="HED">PART 101-19—CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-19.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SECTNO>101-19.001</SECTNO>
              <SUBJECT>Authority.</SUBJECT>
              <SECTNO>101-19.002</SECTNO>
              <SUBJECT>Basic policy.</SUBJECT>
              <SECTNO>101-19.003</SECTNO>
              <SUBJECT>Definition of terms.</SUBJECT>
              <SECTNO>101-19.003-1</SECTNO>
              <SUBJECT>Alter.</SUBJECT>
              <SECTNO>101-19.003-2</SECTNO>
              <SUBJECT>Alteration project.</SUBJECT>
              <SECTNO>101-19.003-3</SECTNO>
              <SUBJECT>Construct.</SUBJECT>
              <SECTNO>101-19.003-4</SECTNO>
              <SUBJECT>Executive agency.</SUBJECT>
              <SECTNO>101-19.003-5</SECTNO>
              <SUBJECT>Prospectus.</SUBJECT>
              <SECTNO>101-19.003-6</SECTNO>
              <SUBJECT>Public building.</SUBJECT>
              <SECTNO>101-19.003-7</SECTNO>
              <SUBJECT>United States.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.1—General</HD>
                <SECTNO>101-19.100</SECTNO>
                <SUBJECT>Intergovernmental consultation on Federal projects.</SUBJECT>
                <SECTNO>101-19.101</SECTNO>
                <SUBJECT>Application of socioeconomic considerations.</SUBJECT>
                <SECTNO>101-19.101-1</SECTNO>
                <SUBJECT>Location of buildings.</SUBJECT>
                <SECTNO>101-19.101-2</SECTNO>
                <SUBJECT>Agreement with Secretary of Housing and Urban Development.</SUBJECT>
                <SECTNO>101-19.101-3</SECTNO>
                <SUBJECT>Consultation with HUD.</SUBJECT>
                <SECTNO>101-19.101-4</SECTNO>
                <SUBJECT>Affirmative action plan.</SUBJECT>
                <SECTNO>101-19.101-5</SECTNO>
                <SUBJECT>Agency compliance.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.2—Selection and Approval of Projects</HD>
                <SECTNO>101-19.201</SECTNO>
                <SUBJECT>Determination of need.</SUBJECT>
                <SECTNO>101-19.202</SECTNO>
                <SUBJECT>Priority of projects.</SUBJECT>
                <SECTNO>101-19.203</SECTNO>
                <SUBJECT>Approval of projects.</SUBJECT>
                <SECTNO>101-19.204</SECTNO>
                <SUBJECT>Cooperation and assistance of Federal agencies.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.3—Alteration Projects</HD>
                <SECTNO>101-19.301</SECTNO>
                <SUBJECT>Emergency alteration projects.</SUBJECT>
                <SECTNO>101-19.302</SECTNO>
                <SUBJECT>Prospectuses for reimbursable alteration projects.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.4—Construction Projects</HD>
                <SECTNO>101-19.401</SECTNO>
                <SUBJECT>Contracting for construction.</SUBJECT>
                <SECTNO>101-19.402</SECTNO>
                <SUBJECT>Architectural and engineering services.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.5—Delegation of Authority</HD>
                <SECTNO>101-19.501</SECTNO>
                <SUBJECT>Conditions justifying delegation.</SUBJECT>
                <SECTNO>101-19.502</SECTNO>
                <SUBJECT>Exercise of delegation.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.6—Accommodations for the Physically Handicapped</HD>
                <SECTNO>101-19.600</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-19.601</SECTNO>
                <SUBJECT>Authority and applicability.</SUBJECT>
                <SECTNO>101-19.602</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <SECTNO>101-19.603</SECTNO>
                <SUBJECT>Standards.</SUBJECT>
                <SECTNO>101-19.604</SECTNO>
                <SUBJECT>Exceptions.</SUBJECT>
                <SECTNO>101-19.605</SECTNO>
                <SUBJECT>Waiver or modification of standards.</SUBJECT>
                <SECTNO>101-19.606</SECTNO>
                <SUBJECT>Recordkeeping.</SUBJECT>
                <SECTNO>101-19.607</SECTNO>
                <SUBJECT>Reporting.</SUBJECT>
                <APP>Appendix A to Subpart 101-19.6—Uniform Federal Accessibility Standards</APP>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-19.7—101-19.47 [Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.48—Exhibits</HD>
                <SECTNO>101-19.4800</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-19.4801</SECTNO>
                <SUBJECT>Memorandum of understanding between the Department of Housing and Urban Development and the General Services Administration concerning low- and moderate-income housing.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-19.49—Illustration of Forms</HD>
                <SECTNO>101-19.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-19.4901</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-19.4902</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <SECTNO>101-19.4902-2974</SECTNO>
                <SUBJECT>GSA Form 2974, Status Report for Federally Funded or Leased Buildings—Accommodation of Physically Handicapped.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c), 490 and 601-619; 86 Stat. 216.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>39 FR 23214, June 27, 1974, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <PRTPAGE P="110"/>
              <SECTNO>§ 101-19.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>(a) This part prescribes policies and procedures for the construction and alteration of public buildings in the United States.</P>
              <P>(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.</P>
              <CITA>[39 FR 23214, June 27, 1974, as amended at 66 FR 5358, Jan. 18, 2001]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.001</SECTNO>
              <SUBJECT>Authority.</SUBJECT>
              <P>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).</P>
              <CITA>[45 FR 37206, June 2, 1980]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.002</SECTNO>
              <SUBJECT>Basic policy.</SUBJECT>
              <P>(a) In the process of developing building projects, the policies contained in § 101-17.002 regarding the determination of the location of Federal facilities shall be strictly adhered to.</P>
              <P>(b) [Reserved]</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(e) Excess properties transferred to GSA will be renovated and altered whenever practical to meet Government space needs.</P>
              <P>(f) In selecting sites for public buildings, consideration will also be given to:</P>
              <P>(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;</P>
              <P>(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</P>
              <P>(3) Suitable sites in established civic or redevelopment centers which are well planned and properly financed with development initiated and insured.</P>
              <P>(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.</P>
              <P>(h) In the alteration of existing buildings, GSA will maintain architectural integrity and compatibility with existing structures.</P>

              <P>(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 <PRTPAGE P="111"/>(Clean Air Act 42 U.S.C. 1857-1858; Federal Water Pollution Control Act, 33 U.S.C. 1151-1175).</P>
              <P>(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.</P>
              <P>(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 § 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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <CITA>[39 FR 23214, June 27, 1974, as amended at 45 FR 37206, June 2, 1980]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003</SECTNO>
              <SUBJECT>Definition of terms.</SUBJECT>
              <P>For the purposes of this subchapter D the following terms shall have the meanings set forth in this section.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003-1</SECTNO>
              <SUBJECT>Alter.</SUBJECT>
              <P>
                <E T="03">Alter</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003-2</SECTNO>
              <SUBJECT>Alteration project.</SUBJECT>
              <P>
                <E T="03">Alteration project</E>, 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:</P>
              <P>(a) Alterations estimated to be completed in 5 years for the continued use and occupancy of the building.</P>
              <P>(b) Alterations to a building and/or its equipment occasioned by a space reassignment.</P>
              <P>(c) Alterations occasioned by an emergency.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003-3</SECTNO>
              <SUBJECT>Construct.</SUBJECT>
              <P>
                <E T="03">Construct</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003-4</SECTNO>
              <SUBJECT>Executive agency.</SUBJECT>
              <P>
                <E T="03">Executive agency</E> 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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003-5</SECTNO>
              <SUBJECT>Prospectus.</SUBJECT>
              <P>
                <E T="03">Prospectus</E> 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 <PRTPAGE P="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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003-6</SECTNO>
              <SUBJECT>Public building.</SUBJECT>
              <P>(a) <E T="03">Public building</E> 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:</P>
              <P>(1) On the public domain (including that reserved for national forests and other purposes),</P>
              <P>(2) On properties of the United States in foreign countries,</P>
              <P>(3) On Indian and native Eskimo properties held in trust by the United States,</P>
              <P>(4) On lands used in connection with Federal programs for agricultural, recreational, and conservation purposes, including research in connection therewith,</P>
              <P>(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 proj-ects,</P>
              <P>(6) On or used in connection with housing and residential projects,</P>
              <P>(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),</P>
              <P>(8) On Veterans Administration installations used for hospital or domiciliary purposes, and</P>
              <P>(9) The exclusion of which the President may deem, from time to time hereafter, to be justified in the public interest.</P>
              <P>(b) Buildings leased by the Government are not “public buildings” within the meaning of the Public Buildings Act of 1959.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-19.003-7</SECTNO>
              <SUBJECT>United States.</SUBJECT>
              <P>
                <E T="03">United States,</E> 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.</P>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.1—General</HD>
              <SECTION>
                <SECTNO>§ 101-19.100</SECTNO>
                <SUBJECT>Intergovernmental consultation on Federal projects.</SUBJECT>
                <P>(a) As used in this section, the following terms will have the meanings defined herein:</P>
                <P>(1) <E T="03">Planning agencies.</E> 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.</P>
                <P>(2) <E T="03">Federal projects.</E> 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.<PRTPAGE P="113"/>
                </P>
                <P>(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.</P>
                <P>(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:</P>
                <P>(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.</P>
                <P>(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:</P>
                <P>(i) Area or city in which the project will be located;</P>
                <P>(ii) Type of building (office building, post office, courthouse, etc.);</P>
                <P>(iii) Approximate size of building;</P>
                <P>(iv) Specific site location requirements;</P>
                <P>(v) Estimated building population; and</P>
                <P>(vi) Estimated total project cost.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="114"/>to the proposed action. Notifications of less than 30 calendar days are authorized only in emergency situations.</P>
                <P>(5) When GSA takes action pursuant to § 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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).</P>
                <P>(f) The Federal agencies, planning agencies, and others referred to in paragraph (e) of this § 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:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(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 proj-ect is located.</P>
                <APPRO>(Sec. 205(c), 63 Stat. 390; (40 U.S.C. 486(c))) </APPRO>
                <CITA>[39 FR 23214, June 27, 1974, as amended at 42 FR 16779, Mar. 30, 1977; 45 FR 37206, June 2, 1980]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.101</SECTNO>
                <SUBJECT>Application of socioeconomic considerations.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.101-1</SECTNO>
                <SUBJECT>Location of buildings.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.101-2</SECTNO>
                <SUBJECT>Agreement with Secretary of Housing and Urban Development.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(c) The text of the HUD-GSA agreement is located at § 101-19.4801.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.101-3</SECTNO>
                <SUBJECT>Consultation with HUD.</SUBJECT>
                <P>(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 proj-ect is to be located during the project development investigation.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(d) The following actions are subject to the provisions of the HUD/GSA Memorandum of Understanding:</P>
                <P>(1) All project development investigations.</P>
                <P>(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.</P>
                <P>(3) GSA requests HUD review in actions of special importance not covered by paragraph (d)(2) of this section.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.101-4</SECTNO>
                <SUBJECT>Affirmative action plan.</SUBJECT>
                <P>(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:</P>
                <P>(1) The corrective actions specified by HUD under § 101-19.101-3(c).</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(b) The contents of the Affirmative Action Plan will be made public after the site selection decision has been made by GSA.</P>

                <P>(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 <PRTPAGE P="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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.101-5</SECTNO>
                <SUBJECT>Agency compliance.</SUBJECT>
                <P>(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).</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.2—Selection and Approval of Projects</HD>
              <SECTION>
                <SECTNO>§ 101-19.201</SECTNO>
                <SUBJECT>Determination of need.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.202</SECTNO>
                <SUBJECT>Priority of projects.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.203</SECTNO>
                <SUBJECT>Approval of projects.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(c) The Administrator of General Services shall submit prospectuses for approval of public buildings projects to the Committees on Public Works of the Congress.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.204</SECTNO>
                <SUBJECT>Cooperation and assistance of Federal agencies.</SUBJECT>
                <P>(a) Federal agencies shall advise and cooperate in the compilation of information supporting a project. Such information shall include:</P>
                <P>(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.</P>
                <P>(2) A firm statement of entire space and facility requirements.</P>
                <P>(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.</P>
                <P>(4) Identification of locations where space should be retained in preference to inclusion in the proposed project.</P>

                <P>(b) Space requirements shall be based on currently authorized personnel and <PRTPAGE P="118"/>program activities including information on major changes anticipated within the next 5 years.</P>
                <P>(c) Requested information shall be submitted within 60 days of the receipt of a request for such information.</P>
                <P>(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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.3—Alteration Projects</HD>
              <SECTION>
                <SECTNO>§ 101-19.301</SECTNO>
                <SUBJECT>Emergency alteration projects.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.302</SECTNO>
                <SUBJECT>Prospectuses for reimbursable alteration projects.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.4—Construction Projects</HD>
              <SECTION>
                <SECTNO>§ 101-19.401</SECTNO>
                <SUBJECT>Contracting for construction.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.402</SECTNO>
                <SUBJECT>Architectural and engineering services.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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 § 101-19.501 regarding delegations of authority.)</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.5—Delegation of Authority</HD>
              <SECTION>
                <SECTNO>§ 101-19.501</SECTNO>
                <SUBJECT>Conditions justifying delegation.</SUBJECT>

                <P>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:<PRTPAGE P="119"/>
                </P>
                <P>(a) The staff capability of the requesting agency to negotiate and administer contracts for the various types of work involved; and</P>
                <P>(b) Whether such a delegation will promote efficiency and economy. See § 101-19.402(c) regarding contracts for professional engineering and architectural services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.502</SECTNO>
                <SUBJECT>Exercise of delegation.</SUBJECT>
                <P>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).</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.6—Accommodations for the Physically Handicapped</HD>
              <SECTION>
                <SECTNO>§ 101-19.600</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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 §§ 101-19.606 and 101-19.607) are prescribed for all projects subject to this subpart.</P>
                <APPRO>(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))</APPRO>
                <CITA>[43 FR 16479, Apr. 19, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.601</SECTNO>
                <SUBJECT>Authority and applicability.</SUBJECT>

                <P>This subpart implements Public Law 90-480, approved August 12, 1968, as amended (42 U.S.C. 4151, <E T="03">et seq.</E>). The standards prescribed herein shall apply to all Federal agencies and instrumentalities and to non-Federal organizations to the extent provided in the Act.</P>
                <APPRO>(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))</APPRO>
                <CITA>[43 FR 16479, Apr. 19, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.602</SECTNO>
                <SUBJECT>Definitions.</SUBJECT>
                <P>The following definitions shall apply to this subpart 101-19.6:</P>
                <P>(a) <E T="03">Building</E> 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:</P>
                <P>(1) Constructed or altered by, or on behalf of, the United States after September 2, 1969;</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(5) Leased in whole or in part by the United States after January 1, 1977, including any renewal, succeeding, or superseding lease.</P>
                <P>(b) <E T="03">Alteration</E> means repairing, improving, remodeling, extending, or otherwise changing a building.</P>
                <P>(c) The terms <E T="03">bid</E> and <E T="03">bidder</E> shall be construed to include <E T="03">offer</E> and <E T="03">offeror</E>.</P>
                <APPRO>(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))</APPRO>
                <CITA>[39 FR 23214, June 27, 1974, as amended at 43 FR 16479, Apr. 19, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.603</SECTNO>
                <SUBJECT>Standards.</SUBJECT>

                <P>Except as provided in § 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 <PRTPAGE P="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 §§ 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.</P>
                <CITA>[49 FR 31625, Aug. 7, 1984]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.604</SECTNO>
                <SUBJECT>Exceptions.</SUBJECT>
                <P>The standards established in § 101-19.603 shall not apply to:</P>
                <P>(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;</P>
                <P>(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;</P>
                <P>(c) The alteration of an existing building, or of portions thereof, to which application of the standards is not structurally possible;</P>

                <P>(d) The construction or alteration of a building for which plans and specifications were completed or substantially completed on or before September 2, 1969: <E T="03">Provided, however,</E> That any building defined in § 101-19.602(a)(4) shall be designed, constructed, or altered in accordance with the standards prescribed in § 101-19.603 regardless of design status or bid solicitation as of September 2, 1969; and</P>
                <P>(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.</P>
                <APPRO>(Sec. 205 (c), 63 Stat. 1390, 40 U.S.C. 486(c))</APPRO>
                <CITA>[39 FR 23214, June 27, 1974, as amended at 43 FR 16479, Apr. 19, 1978; 49 FR 31625, Aug. 7, 1984]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.605</SECTNO>
                <SUBJECT>Waiver or modification of standards.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.606</SECTNO>
                <SUBJECT>Recordkeeping.</SUBJECT>
                <P>The administering agency's file on each contract or grant for the design, construction, lease, or alteration of a building as defined in § 101-19.602 shall be documented with a statement either:</P>

                <P>(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 § 101-19.604 (the specific exception shall be identified and justified); or (e) such other statements as <PRTPAGE P="121"/>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.</P>
                <APPRO>(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))</APPRO>
                <CITA>[43 FR 16480, Apr. 19, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.607</SECTNO>
                <SUBJECT>Reporting.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <APPRO>(Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)))</APPRO>
                <CITA>[44 FR 39393, July 6, 1979, as amended at 48 FR 15629, Apr. 12, 1983]</CITA>
              </SECTION>
              <APPENDIX>
                <EAR>Subpt. 101-19.6, App. A</EAR>
                <PRTPAGE P="122"/>
                <WHED>
                  <E T="15">Appendix A to Subpart 101-19.6—Uniform Federal Accessibility Standards</E>
                </WHED>
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                  <GID>EC05NO91.083</GID>
                </GPH>
                <GPH DEEP="470" SPAN="2">
                  <PRTPAGE P="206"/>
                  <GID>EC05NO91.084</GID>
                </GPH>
                <GPH DEEP="470" SPAN="2">
                  <PRTPAGE P="207"/>
                  <GID>EC05NO91.085</GID>
                </GPH>
                <GPH DEEP="470" SPAN="2">
                  <PRTPAGE P="208"/>
                  <GID>EC05NO91.086</GID>
                </GPH>
                <GPH DEEP="470" SPAN="2">
                  <PRTPAGE P="209"/>
                  <GID>EC05NO91.087</GID>
                </GPH>
                <CITA TYPE="W">[49 FR 31532 and 31625, Aug. 7, 1984, as amended at 50 FR 49046, Nov. 29, 1985; 54 FR 12628, Mar. 28, 1989]</CITA>
              </APPENDIX>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="210"/>
              <RESERVED>Subparts 101-19.7—101-19.47 [Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.48—Exhibits</HD>
              <SECTION>
                <SECTNO>§ 101-19.4800</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.4801</SECTNO>
                <SUBJECT>Memorandum of understanding between the Department of Housing and Urban Development and the General Services Administration concerning low- and moderate-income housing.</SUBJECT>
                <EXTRACT>
                  <HD SOURCE="HD1">Memorandum of Understanding Between the Department of Housing and Urban Development and the General Services Administration Concerning Low- and Moderate-Income Housing</HD>
                  <P>
                    <E T="03">Purpose.</E> 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.</P>
                  <P>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.</P>
                  <P>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).</P>
                  <P>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.</P>
                  <P>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.</P>
                  <P>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:</P>
                  <P>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</P>
                  <P>The availability of adequate low- and moderate-income housing, adequate access from other areas of the urban center, and adequacy of parking.</P>
                  <P>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.</P>

                  <P>7. In addition to its fair housing responsibilities, the responsibilities of HUD include <PRTPAGE P="211"/>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.</P>
                  <P>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.</P>
                  <P>9. HUD and GSA agree that:</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>(c) Government-owned Public Buildings Projects:</P>
                  <P>(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 proj-ect development report, representatives of the regional office of GSA in which the proj-ect 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.</P>
                  <P>(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).</P>
                  <P>(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.</P>

                  <P>(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 <PRTPAGE P="212"/>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.</P>
                  <P>(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.</P>
                  <P>(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.</P>
                  <P>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.</P>
                </EXTRACT>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-19.49—Illustration of Forms</HD>
              <SECTION>
                <SECTNO>§ 101-19.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>This subpart illustrates forms prescribed or available for use in connection with subject matter covered in other parts of part 101-19.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.4901</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.4902</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <P>(a) The GSA forms are illustrated in this § 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.</P>
                <P>(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.</P>
                <APPRO>(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) </APPRO>
                <CITA>[39 FR 23214, June 27, 1974, as amended at 48 FR 15629, Apr. 12, 1983]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-19.4902-2974</SECTNO>
                <SUBJECT>GSA Form 2974, Status Report for Federally Funded or Leased Buildings—Accommodation of Physically Handicapped.</SUBJECT>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>The form illustrated in this § 101-19.4902-2974 is filed with the original document and does not appear in this volume.</P>
                </NOTE>
                <APPRO>(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))</APPRO>
                <CITA>[48 FR 15629, Apr. 12, 1983]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-20</EAR>
            <HD SOURCE="HED">PART 101-20—MANAGEMENT OF BUILDINGS AND GROUNDS</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-20.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SECTNO>101-20.001</SECTNO>
              <SUBJECT>Authority.</SUBJECT>
              <SECTNO>101-20.002</SECTNO>
              <SUBJECT>Basic policy.</SUBJECT>
              <SECTNO>101-20.002-1</SECTNO>
              <SUBJECT>Government-owned buildings.</SUBJECT>
              <SECTNO>101-20.002-2</SECTNO>
              <SUBJECT>Leased buildings.</SUBJECT>
              <SECTNO>101-20.003</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-20.1-Building Operations, Maintenance, Protection, and Alterations</HD>
                <SECTNO>101-20.101</SECTNO>
                <SUBJECT>Building systems.</SUBJECT>
                <SECTNO>101-20.102</SECTNO>
                <SUBJECT>Cleaning and maintenance.</SUBJECT>
                <SECTNO>101-20.103</SECTNO>
                <SUBJECT>Physical protection and building security.</SUBJECT>
                <SECTNO>101-20.103-1</SECTNO>
                <SUBJECT>Standard protection.</SUBJECT>
                <SECTNO>101-20.103-2</SECTNO>
                <SUBJECT>Special protection.</SUBJECT>
                <SECTNO>101-20.103—3</SECTNO>
                <SUBJECT>Responsibilities of occupant agencies.<PRTPAGE P="213"/>
                </SUBJECT>
                <SECTNO>101-20.103-4</SECTNO>
                <SUBJECT>Occupant Emergency Program.</SUBJECT>
                <SECTNO>101-20.103-5</SECTNO>
                <SUBJECT>Initiating action under Occupant Emergency Programs.</SUBJECT>
                <SECTNO>101-20.104</SECTNO>
                <SUBJECT>Parking facilities.</SUBJECT>
                <SECTNO>101-20.104-1</SECTNO>
                <SUBJECT>Allocation and assignment of parking for official needs.</SUBJECT>
                <SECTNO>101-20.104-2</SECTNO>
                <SUBJECT>Allocation and assignment of employee parking spaces.</SUBJECT>
                <SECTNO>101-20.104-3</SECTNO>
                <SUBJECT>Utilization of parking.</SUBJECT>
                <SECTNO>101-20.104-4</SECTNO>
                <SUBJECT>Guidelines for agency implementation.</SUBJECT>
                <SECTNO>101-20.105</SECTNO>
                <SUBJECT>Accident and fire prevention.</SUBJECT>
                <SECTNO>101-20.105-1</SECTNO>
                <SUBJECT>Responsibilities of occupant agencies.</SUBJECT>
                <SECTNO>101-20.105-2</SECTNO>
                <SUBJECT>Correction of hazardous conditions.</SUBJECT>
                <SECTNO>101-20.105-3</SECTNO>
                <SUBJECT>Smoking.</SUBJECT>
                <SECTNO>101-20.106</SECTNO>
                <SUBJECT>Reimbursable services.</SUBJECT>
                <SECTNO>101-20.106-1</SECTNO>
                <SUBJECT>Placing of orders for reimbursable alterations by occupant agencies.</SUBJECT>
                <SECTNO>101-20.106-2</SECTNO>
                <SUBJECT>Limitations on provision of reimbursable services by GSA.</SUBJECT>
                <SECTNO>101-20.107</SECTNO>
                <SUBJECT>Energy conservation.</SUBJECT>
                <SECTNO>101-20.108</SECTNO>
                <SUBJECT>Staggered hours of duty.</SUBJECT>
                <SECTNO>101-20.109</SECTNO>
                <SUBJECT>Concessions.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-20.2—Vending Facility Program for Blind Persons</HD>
                <SECTNO>101-20.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-20.201</SECTNO>
                <SUBJECT>Policy.</SUBJECT>
                <SECTNO>101-20.202</SECTNO>
                <SUBJECT>Establishing vending facilities.</SUBJECT>
                <SECTNO>101-20.203</SECTNO>
                <SUBJECT>Application for permit.</SUBJECT>
                <SECTNO>101-20.204</SECTNO>
                <SUBJECT>Terms of permit.</SUBJECT>
                <SECTNO>101-20.205</SECTNO>
                <SUBJECT>Enforcement procedures.</SUBJECT>
                <SECTNO>101-20.206</SECTNO>
                <SUBJECT>Reports.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-20.3—Conduct on Federal Property</HD>
                <SECTNO>101-20.300</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-20.301</SECTNO>
                <SUBJECT>Inspection.</SUBJECT>
                <SECTNO>101-20.302</SECTNO>
                <SUBJECT>Admission to property.</SUBJECT>
                <SECTNO>101-20.303</SECTNO>
                <SUBJECT>Preservation of property.</SUBJECT>
                <SECTNO>101-20.304</SECTNO>
                <SUBJECT>Conformity with signs and directions.</SUBJECT>
                <SECTNO>101-20.305</SECTNO>
                <SUBJECT>Disturbances.</SUBJECT>
                <SECTNO>101-20.306</SECTNO>
                <SUBJECT>Gambling.</SUBJECT>
                <SECTNO>101-20.307</SECTNO>
                <SUBJECT>Alcoholic beverages and narcotics.</SUBJECT>
                <SECTNO>101-20.308</SECTNO>
                <SUBJECT>Soliciting, vending, and debt collection.</SUBJECT>
                <SECTNO>101-20.309</SECTNO>
                <SUBJECT>Posting and distributing materials.</SUBJECT>
                <SECTNO>101-20.310</SECTNO>
                <SUBJECT>Photographs for news, advertising, or commercial purposes.</SUBJECT>
                <SECTNO>101-20.311</SECTNO>
                <SUBJECT>Dogs and other animals.</SUBJECT>
                <SECTNO>101-20.312</SECTNO>
                <SUBJECT>Vehicular and pedestrian traffic.</SUBJECT>
                <SECTNO>101-20.313</SECTNO>
                <SUBJECT>Explosives.</SUBJECT>
                <SECTNO>101-20.314</SECTNO>
                <SUBJECT>Nondiscrimination.</SUBJECT>
                <SECTNO>101-20.315</SECTNO>
                <SUBJECT>Penalties and other laws.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-20.4—Occasional Use of Public Buildings</HD>
                <SECTNO>101-20.400</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-20.401</SECTNO>
                <SUBJECT>Applications for permits.</SUBJECT>
                <SECTNO>101-20.402</SECTNO>
                <SUBJECT>Permits.</SUBJECT>
                <SECTNO>101-20.403</SECTNO>
                <SUBJECT>Disapproval of applications or cancellation of permits.</SUBJECT>
                <SECTNO>101-20.404</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
                <SECTNO>101-20.405</SECTNO>
                <SUBJECT>Schedules of use.</SUBJECT>
                <SECTNO>101-20.406</SECTNO>
                <SUBJECT>Hours of use.</SUBJECT>
                <SECTNO>101-20.407</SECTNO>
                <SUBJECT>Services and costs.</SUBJECT>
                <SECTNO>101-20.408</SECTNO>
                <SUBJECT>Conduct.</SUBJECT>
                <SECTNO>101-20.409</SECTNO>
                <SUBJECT>Non-affiliation with the Government.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-20.5—Sidewalk Installation, Repair, and Replacement</HD>
                <SECTNO>101-20.500</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-20.501</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>
                <SECTNO>101-20.502</SECTNO>
                <SUBJECT>Standards.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>52 FR 11263, Apr. 8, 1987, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 101-20.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>(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.</P>
              <P>(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.</P>
              <CITA>[52 FR 11263, Apr. 8, 1987, as amended at 66 FR 5359, Jan. 18, 2001]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-20.001</SECTNO>
              <SUBJECT>Authority.</SUBJECT>

              <P>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 <E T="03">et seq.</E>); 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 <E T="03">et seq.</E>); 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).</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="214"/>
              <SECTNO>§ 101-20.002</SECTNO>
              <SUBJECT>Basic policy.</SUBJECT>
              <P>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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-20.002-1</SECTNO>
              <SUBJECT>Government-owned buildings.</SUBJECT>
              <P>(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.</P>
              <P>(b) GSA will ensure that space assigned to agencies is safe and that employees and visitors are not exposed to unnecessary risks.</P>
              <P>(c) Buildings will be cleaned and maintained at a service level equivalent to that normally furnished commercially in similar space.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(f) GSA is responsible for ensuring the availability of parking spaces for officials needs. Parking priorities are as established in § 101-20.104.</P>
              <P>(g) Services in addition to those normally provided in the commercial sector shall be arranged by GSA on a reimbursable basis, as provided in § 101-20.106.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-20.002-2</SECTNO>
              <SUBJECT>Leased buildings.</SUBJECT>

              <P>(a) Standards for space and services in leased buildings will be equivalent to standards for Government-owned <PRTPAGE P="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.</P>
              <P>(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.</P>
              <P>(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 § 101-20.106-2 regarding reimbursable services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-20.003</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>(a) <E T="03">Alteration</E> 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.</P>
              <P>(b) <E T="03">Blanket work authorization</E> 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.</P>
              <P>(c) <E T="03">Carpool</E> 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.</P>
              <P>(d) <E T="03">Commercial activities,</E> 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.)</P>
              <P>(e) <E T="03">Crime prevention assessments</E> 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.</P>
              <P>(f) <E T="03">Cultural activities</E> 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.</P>
              <P>(g) The <E T="03">Designated Official</E> 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.</P>
              <P>(h) <E T="03">Educational activities</E> mean activities such as (but not limited to) the operation of schools, libraries, day care centers, laboratories, and lecture or demonstration facilities.</P>
              <P>(i) The term <E T="03">emergency</E> 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.</P>
              <P>(j) <E T="03">Executive</E> 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.</P>
              <P>(k) <E T="03">Flame-resistant</E> 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.</P>
              <P>(l) <E T="03">Foot-candle</E> is the illumination on a surface one square foot in area on <PRTPAGE P="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.</P>
              <P>(m) <E T="03">GSA Regional Officer,</E> 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.</P>
              <P>(n) <E T="03">Handicapped employee</E> 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.</P>
              <P>(o) <E T="03">Indefinite quantity contract</E> (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>
              <P>(p) <E T="03">Life cycle cost</E> 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.</P>
              <P>(q) <E T="03">Limited combustible</E> 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.</P>
              <P>(r) <E T="03">Maintenance</E> means preservation by inspection, adjustment, lubrication, cleaning, and the making of minor repairs. <E T="03">Ordinary maintenance</E> means routine recurring work which is incidental to everyday operations; <E T="03">preventive maintenance</E> means work programmed at scheduled intervals.</P>
              <P>(s) The term <E T="03">nationally recognized standards</E> encompasses any standard or modification thereof which:</P>
              <P>(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</P>
              <P>(2) Was formulated through consultation by appropriate Federal agencies in a manner which afforded an opportunity for diverse views to be considered.</P>
              <P>(t) <E T="03">Normally furnished commercially</E> 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.</P>
              <P>(u) <E T="03">Occupant agency</E> 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.</P>
              <P>(v) <E T="03">Occupancy Emergency Organization</E> means the emergency response organization comprised of employees of Federal agencies designated to perform the requirements established by the Occupant Emergency Plan.</P>
              <P>(w) <E T="03">Occupant Emergency Plan</E> means procedures developed to protect life and property in a specific Federally-occupied space under stipulated emergency conditions.</P>
              <P>(x) <E T="03">Occupant Emergency Program</E> means a short-term emergency response program. It establishes procedures for safeguarding lives and property during emergencies in particular facilities.</P>
              <P>(y) <E T="03">Postal vehicle</E> means a Government-owned vehicle used for the transportation of mail, or a privately owned vehicle used under contract for the transportation of mail.</P>
              <P>(z) <E T="03">Public area</E> 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 <PRTPAGE P="217"/>rooms, and other such areas not assigned to a lessee or occupant agency.</P>
              <P>(aa) <E T="03">Recognized labor organization</E> means a labor organization recognized under title VII of the Civil Service Reform Act of 1978 (Public Law 95-454) governing labor-management relations.</P>
              <P>(bb) <E T="03">Recreational activities</E> include, but are not limited to, the operations of gymnasiums and related facilities.</P>
              <P>(cc) <E T="03">Ridesharing</E> 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.</P>
              <P>(dd) <E T="03">Special space alterations</E> 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.</P>
              <P>(ee) <E T="03">State</E> 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.</P>
              <P>(ff) <E T="03">Unit price agreement</E> 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.</P>
              <P>(gg) <E T="03">Unusual hours</E> 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).</P>
              <P>(hh) <E T="03">Vanpool</E> 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.</P>
              <P>(ii) <E T="03">Zonal allocations</E> 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.</P>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-20.1—Building Operations, Maintenance, Protection, and Alterations</HD>
              <SECTION>
                <SECTNO>§ 101-20.101</SECTNO>
                <SUBJECT>Building systems.</SUBJECT>
                <P>(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 &amp; Health Act (OSHA). GSA will take all measures necessary to comply with energy conservation objectives as promulgated by relevant statutes, regulations, and executive orders.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.102</SECTNO>
                <SUBJECT>Cleaning and maintenance.</SUBJECT>
                <P>GSA shall provide:<PRTPAGE P="218"/>
                </P>
                <P>(a) Cleaning for all assigned space at a level equivalent to the cleaning furnished commercially for similar types of space.</P>
                <P>(b) Maintenance of building systems for heating and cooling, and maintenance of plumbing, electrical, and elevator systems.</P>
                <P>(c) Maintenance and repairs of exterior, grounds, sidewalks, driveways, and parking areas.</P>
                <P>(d) Maintenance of building equipment such as directory boards, clock systems, window shades, door locks, and door title cards.</P>
                <P>(e) [Reserved]</P>
                <P>(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.</P>
                <P>(g) Maintenance of all food service activities in accordance with applicable U.S. Public Health Service standards and local regulations.</P>
                <P>(h) Arrangements for raising and lowering the United States flags at appropriate times.</P>
                <CITA>[52 FR 11263, Apr. 8, 1987, as amended at 66 FR 23169, May 8, 2001]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.103</SECTNO>
                <SUBJECT>Physical protection and building security.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.103-1</SECTNO>
                <SUBJECT>Standard protection.</SUBJECT>
                <P>For properties under its custody and control, GSA will provide standard protection services by:</P>
                <P>(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.</P>
                <P>(b) Installing and maintaining perimeter security devices and systems if they are monitored to provide timely response by authorized personnel;</P>
                <P>(c) Implementing crime prevention activities, including tenant awareness programs;</P>
                <P>(d) Investigating crimes and violations of Federal statutes, recording and evaluating reports of criminal incidents, and referring findings and evidence to appropriate enforcement agencies;</P>
                <P>(e) Entering into cooperative agreements with local law enforcement agencies;</P>
                <P>(f) Performing physical security surveys and providing security advisory services; or</P>
                <P>(g) Coordinating a comprehensive Occupant Emergency Program.</P>
                <P>(h) Periodically evaluating the effectiveness of protection services by in-depth inspections of procedures and records.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.103-2</SECTNO>
                <SUBJECT>Special protection.</SUBJECT>
                <P>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:</P>
                <P>(a) The characteristics of the facility, including size, configuration, exterior lighting, and presence of physical barriers;</P>
                <P>(b) The location of the facility and the history of criminal or disruptive incidents in the surrounding neighborhoods; and</P>
                <P>(c) The reimbursable funding and resources available to GSA for provision of protective service.</P>
                <P>(d) Tenant agency's mission.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.103-3</SECTNO>
                <SUBJECT>Responsibilities of occupant agencies.</SUBJECT>
                <P>Occupants of facilities under the custody and control of GSA shall:</P>
                <P>(a) Cooperate to the fullest extent with all pertinent facility procedures and regulations;</P>
                <P>(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;</P>

                <P>(c) Provide training to employees regarding protection and responses to emergency situations; and<PRTPAGE P="219"/>
                </P>
                <P>(d) Make recommendations for improving the effectiveness of protection in Federal facilities.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.103-4</SECTNO>
                <SUBJECT>Occupant Emergency Program.</SUBJECT>
                <P>(a) The Designated Official (as defined in § 101-20.003(g)) is responsible for developing, implementing, and maintaining an Occupant Emergency Plan (as defined in § 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.</P>
                <P>(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.</P>
                <P>(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 § 101-20.003(x)). In leased space, GSA will solicit the assistance of the lessor in the establishment and implementation of plans.</P>
                <P>(d) In accordance with established criteria, GSA shall assist the Occupant Emergency Organization (as defined in § 101-20.003(v)) by providing technical personnel qualified in the operation of utility systems and protective equipment.</P>
                <CITA>[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.103-5</SECTNO>
                <SUBJECT>Initiating action under Occupant Emergency Programs.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(c) When there is advance notice of an emergency, the Designated Official shall initiate appropriate action according to the plan.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.104</SECTNO>
                <SUBJECT>Parking facilities.</SUBJECT>
                <P>(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.</P>
                <P>(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:</P>
                <P>(1) The issuance of traffic rules and regulations;</P>
                <P>(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);</P>
                <P>(3) The issuance of citations for parking violations; and</P>
                <P>(4) The immobilization or removal of illegally parked vehicles.</P>

                <P>(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.<PRTPAGE P="220"/>
                </P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.104-1</SECTNO>
                <SUBJECT>Allocation and assignment of parking for official needs.</SUBJECT>
                <P>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:</P>
                <P>(a) At buildings containing U.S. Postal Service mailing operations, official postal vehicles.</P>
                <P>(b) Government-owned vehicles used for criminal apprehension, firefighting, and other emergency functions.</P>
                <P>(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.)</P>
                <P>(d) Other Government-owned and leased vehicles, including motor pool vehicles and vehicles assigned for general use.</P>
                <P>(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.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.104-2</SECTNO>
                <SUBJECT>Allocation and assignment of employee parking spaces.</SUBJECT>
                <P>(a) Parking spaces not required for official needs may be used for employee parking.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) Agencies shall in turn assign spaces to their employees, using the following order of priority:</P>
                <P>(1) Severely handicapped employees. Justifications based on medical opinion may be required.</P>
                <P>(2) Executive personnel and persons who work unusual hours.</P>
                <P>(3) Vanpool/carpool vehicles.</P>
                <P>(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.</P>
                <P>(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.)</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="221"/>
                <SECTNO>§ 101-20.104-3</SECTNO>
                <SUBJECT>Utilization of parking.</SUBJECT>
                <P>(a) Agencies shall develop, implement, and maintain ridesharing programs. (Guidelines for the administration of ridesharing programs are contained in FPMR Amendment A-36.)</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.104-4</SECTNO>
                <SUBJECT>Guidelines for agency implementation.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) Occupant agencies should make every effort to schedule arrival and departure times for employees to facilitate ridesharing.</P>
                <P>(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.</P>
                <P>(f) Implementation of the provisions of this regulation may require consultation, as appropriate, with recognized labor organizations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.105</SECTNO>
                <SUBJECT>Accident and fire prevention.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.105-1</SECTNO>
                <SUBJECT>Responsibilities of occupant agencies.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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:</P>
                <P>(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</P>
                <P>(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.</P>

                <P>(d) Accidents resulting from building system or maintenance deficiencies <PRTPAGE P="222"/>which involve personal injury or property damage in GSA-assigned space will be reported immediately to the GSA buildings manager.</P>
                <P>(e) Each occupant agency shall appoint a safety, health and fire protection liaison to represent the occupant agency with GSA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.105-2</SECTNO>
                <SUBJECT>Correction of hazardous conditions.</SUBJECT>
                <P>(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.</P>
                <P>(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 § 101-20.106, Reimbursable services.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.105-3</SECTNO>
                <SUBJECT>Smoking.</SUBJECT>
                <P>(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.</P>
                <P>(b) <E T="03">Exceptions.</E> (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.</P>
                <P>(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.</P>
                <P>(3) The policy does not extend to those portions of federally owned buildings leased, rented, or otherwise provided in their entirety to nonfederal parties.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>

                <P>(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 <E T="03">et seq.</E>) In all other cases, agencies should consult directly with employees.</P>
                <CITA>[63 FR 35846, July 1, 1998]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.106</SECTNO>
                <SUBJECT>Reimbursable services.</SUBJECT>
                <P>Services in addition to those standard level services prescribed in §§ 101-20.101 through 20.105 may be provided or arranged for by GSA on a reimbursable basis. Such services include:</P>
                <P>(a) Specialized security services beyond standard levels, such as guarding, ingress-egress control, inspection of packages, directed security patrols, and other similar activities;</P>
                <P>(b) Design, installation, maintenance, and operation of electronic systems such as intrusion-detection devices, duress-holdup alarms, and remote monitoring systems;</P>
                <P>(c) Utilities for specialized equipment, or for times when space conditioning beyond standard levels is required;</P>
                <P>(d) Construction and/or alterations necessary for installation of agency program equipment;</P>
                <P>(e) Space adjustments requested by an occupant agency for its convenience in moving activities within its already assigned space;</P>
                <P>(f) Janitorial and other services over and above standard levels;</P>
                <P>(g) Space alterations beyond the standard level provided by GSA;</P>
                <P>(h) Construction, installation, operation, maintenance, and repair of agency program equipment, and space adjustments required as a result of such installations;</P>
                <P>(i) Services of motion picture operators and other technicians required in the use of auditoriums, conference rooms, and special agency equipment; and</P>
                <P>(j) Office design, space planning, and office automation installation support and services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.106-1</SECTNO>
                <SUBJECT>Placing of orders for reimbursable alterations by occupant agencies.</SUBJECT>

                <P>(a) Where GSA has indefinite quantity contracts and/or unit price agreements available for accomplishment of space alterations in Government owned <PRTPAGE P="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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) Agencies may not negotiate with contractors for items not specifically priced under indefinite quantity contracts and/or price agreements.</P>
                <P>(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.</P>
                <CITA>[52 FR 11263, Apr. 8, 1987, as amended at 62 FR 1057, Jan. 8, 1997]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.106-2</SECTNO>
                <SUBJECT>Limitations on provision of reimbursable services by GSA.</SUBJECT>
                <P>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:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>

                <P>(d) Agencies requesting reimbursable services are responsible for verifying and approving GSA estimates within 30 calendar days following submission of <PRTPAGE P="225"/>such estimates to the requester. Reimbursable work requests for which estimates have not been approved within 30 days will be canceled.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.107</SECTNO>
                <SUBJECT>Energy conservation.</SUBJECT>
                <P>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.</P>
                <P>(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.</P>
                <P>(b) Except where special circumstances exist, illumination levels shall be maintained as near as is practical to the following standards:</P>
                <P>(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.);</P>
                <P>(2) 30 foot-candles in work areas during working hours, measured at 30 inches above floor level;</P>
                <P>(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</P>
                <P>(4) Other lighting essential for safety and security purposes, including exit signs and exterior lights, shall be maintained.</P>
                <P>(c) Within the limitations of the building systems, heating and cooling systems shall be operated in the most overall energy efficient and economical manner.</P>
                <P>(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.</P>
                <P>(2) The locations used for measurement of temperatures to determine compliance will be representative of the spaces to be heated or cooled.</P>
                <P>(3) Work stations which are the most adversely affected may be the basis for establishing the temperature levels throughout that portion of the building.</P>
                <P>(4) Reheating, humidification, and simultaneous heating and cooling shall not be permitted.</P>
                <P>(5) During extreme weather conditions, building systems shall be operated as necessary to protect the physical condition of the building.</P>
                <P>(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.</P>

                <P>(e) During working hours in periods of heating and cooling, provide ventilation in accordance with ASHRAE Standard 62, <E T="03">Ventilation for Acceptable Indoor Air Quality</E> 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.</P>

                <P>(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.<PRTPAGE P="226"/>
                </P>
                <P>(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.</P>
                <P>(h) Contracting officers shall ensure that all new lease contracts are in conformance with the policies prescribed in this § 101-20.107. Existing lease contracts shall be administered in accordance with these policies to the maximum extent feasible.</P>
                <P>(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,<SU>1</SU>
                  <FTREF/> Interagency Reports Management Program, and assigned interagency report control number 1492 DOE OU.</P>
                <FTNT>
                  <P>
                    <SU>1</SU>
                    <E T="04">Editorial Note:</E> 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.</P>
                </FTNT>
                <CITA>[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987, as amended at 60 FR 17653, Apr. 7, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.108</SECTNO>
                <SUBJECT>Staggered hours of duty.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.109</SECTNO>
                <SUBJECT>Concessions.</SUBJECT>

                <P>(a) The provisions of this section do not apply to blind vending facilities operated under the Randolph-Sheppard Act (20 U.S.C. 107 <E T="03">et seq.</E>); regulations governing this program are continued in subpart 101-20.2.</P>
                <P>(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.</P>
                <P>(c) Subject to the availability of space, prior to establishing concessions, GSA will ensure that:</P>
                <P>(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.);</P>
                <P>(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;</P>
                <P>(3) Sufficient funds are legally available to cover all costs for which the Government may be responsible; and</P>

                <P>(4) All contracts will be financially self-supporting and not compete with nearby commercial enterprise.<PRTPAGE P="227"/>
                </P>
                <P>(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.</P>
                <CITA>[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-20.2—Vending Facility Program for Blind Persons</HD>
              <SECTION>
                <SECTNO>§ 101-20.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>This subpart contains the policy and procedures for ensuring the priority of blind vendors in operating vending facilities on GSA-controlled property.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.201</SECTNO>
                <SUBJECT>Policy.</SUBJECT>

                <P>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 <E T="03">et seq.</E>) 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.202</SECTNO>
                <SUBJECT>Establishing vending facilities.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.203</SECTNO>
                <SUBJECT>Application for permit.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.204</SECTNO>
                <SUBJECT>Terms of permit.</SUBJECT>
                <P>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:</P>
                <P>(a) The permit shall be issued in the name of the applicant State licensing agency which shall:</P>
                <P>(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</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(c) The permit shall provide that:</P>
                <P>(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;</P>
                <P>(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</P>

                <P>(3) Articles sold at vending facilities operated by blind licensees may consist of newspapers, periodicals, publications, confections, tobacco products, <PRTPAGE P="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.</P>
                <P>(d) The permit shall further provide that vending facilities shall be operated in compliance with applicable health, sanitation, and building codes or ordinances.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.205</SECTNO>
                <SUBJECT>Enforcement procedures.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.206</SECTNO>
                <SUBJECT>Reports.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-20.3—Conduct on Federal Property</HD>
              <SECTION>
                <SECTNO>§ 101-20.300</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.301</SECTNO>
                <SUBJECT>Inspection.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.302</SECTNO>
                <SUBJECT>Admission to property.</SUBJECT>

                <P>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 <PRTPAGE P="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 § 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.</P>
                <CITA>[53 FR 129, Jan. 5, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.303</SECTNO>
                <SUBJECT>Preservation of property.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.304</SECTNO>
                <SUBJECT>Conformity with signs and directions.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.305</SECTNO>
                <SUBJECT>Disturbances.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.306</SECTNO>
                <SUBJECT>Gambling.</SUBJECT>

                <P>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, <E T="03">et seq.</E>)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.307</SECTNO>
                <SUBJECT>Alcoholic beverages and narcotics.</SUBJECT>
                <P>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.</P>
                <CITA>[53 FR 129, Jan. 5, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.308</SECTNO>
                <SUBJECT>Soliciting, vending, and debt collection.</SUBJECT>

                <P>Soliciting alms, commercial or political soliciting, and vending of all kinds, displaying or distributing commercial advertising, or collecting private debts on GSA-controlled property <PRTPAGE P="230"/>is prohibited. This rule does not apply to:</P>
                <P>(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;</P>
                <P>(b) Concessions or personal notices posted by employees on authorized bulletin boards;</P>
                <P>(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</P>
                <P>(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)).</P>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>
                  <P>Public areas of GSA-controlled property may be used for other activities permitted in accordance with subpart 101-20.4.</P>
                </NOTE>
                <CITA>[53 FR 130, Jan. 5, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.309</SECTNO>
                <SUBJECT>Posting and distributing materials.</SUBJECT>
                <P>(a) Public Law 104-52, Section 636, prohibits the distribution of free samples of tobacco products in or around Federal buildings.</P>
                <P>(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 § 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 § 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.</P>
                <CITA>[61 FR 2122, Jan. 25, 1996]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.310</SECTNO>
                <SUBJECT>Photographs for news, advertising, or commercial purposes.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.311</SECTNO>
                <SUBJECT>Dogs and other animals.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.312</SECTNO>
                <SUBJECT>Vehicular and pedestrian traffic.</SUBJECT>
                <P>(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;</P>
                <P>(b) The blocking of entrances, driveways, walks, loading platforms, or fire hydrants on property is prohibited; and</P>

                <P>(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, <PRTPAGE P="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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.313</SECTNO>
                <SUBJECT>Explosives.</SUBJECT>
                <P>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.)</P>
                <CITA>[54 FR 15757, Apr. 19, 1989]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.314</SECTNO>
                <SUBJECT>Nondiscrimination.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.315</SECTNO>
                <SUBJECT>Penalties and other laws.</SUBJECT>
                <P>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)).</P>
                <CITA>[53 FR 130, Jan. 5, 1988]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-20.4—Occasional Use of Public Buildings</HD>
              <SECTION>
                <SECTNO>§ 101-20.400</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.401</SECTNO>
                <SUBJECT>Applications for permits.</SUBJECT>
                <P>(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.</P>
                <P>(b) The following information is required:</P>
                <P>(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;</P>
                <P>(2) Documentation showing that the applicant has authority to represent the sponsoring organization;</P>
                <P>(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.</P>
                <P>(c) If the proposed activity constitutes a use of a public area for soliciting funds, the applicant shall also submit a signed statement that:</P>
                <P>(1) The applicant is a representative of and will be soliciting funds for the sole benefit of, a religion or religious group; or</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.402</SECTNO>
                <SUBJECT>Permits.</SUBJECT>
                <P>(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.</P>

                <P>(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.<PRTPAGE P="232"/>
                </P>
                <P>(c) All permits involving demonstrations and activities which may lead to civil disturbances should be coordinated with the Chief, Law Enforcement Branch, before approval.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.403</SECTNO>
                <SUBJECT>Disapproval of applications or cancellation of permits.</SUBJECT>
                <P>(a) GSA shall disapprove any application or cancel an issued permit if:</P>
                <P>(1) The applicant has failed to submit all information required under       -§ 101-20.401, or has falsified such information;</P>
                <P>(2) The proposed use is a commercial activity as defined in § 101-20.003(d);</P>
                <P>(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;</P>
                <P>(4) The proposed use is intended to influence or impede any pending judicial proceeding;</P>
                <P>(5) The proposed use is obscene within the meaning of obscenity as defined in 18 U.S.C. 1461-65; or</P>
                <P>(6) The proposed use is violative of the prohibition against political solicitations in 18 U.S.C. 607.</P>
                <P>(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 § 101-20.404.</P>
                <CITA>[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.404</SECTNO>
                <SUBJECT>Appeals.</SUBJECT>
                <P>(a) A disapproval of application or cancellation of issued permits may be appealed to the GSA Regional Officer (as defined in § 101-20.003(m)) within 5 calendar days of the notification of disapproval or cancellation. Notices of appeal must be made in writing.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[52 FR 11263, Apr. 8, 1987; 52 FR 24158, July 29, 1987]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.405</SECTNO>
                <SUBJECT>Schedules of use.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.406</SECTNO>
                <SUBJECT>Hours of use.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.407</SECTNO>
                <SUBJECT>Services and costs.</SUBJECT>
                <P>(a) <E T="03">Costs.</E> 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.</P>
                <P>(b) <E T="03">Alterations.</E> 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 <PRTPAGE P="233"/>the proposed use. Permittees making alterations must make provisions to ensure the safety of users and the prevention of damage to property.</P>
                <P>(c) Permittees are responsible for furnishing items such as tickets, audiovisual equipment, etc., which are necessary for the proposed use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.408</SECTNO>
                <SUBJECT>Conduct.</SUBJECT>
                <P>(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:</P>
                <P>(1) Not misrepresent his or her identity to the public;</P>
                <P>(2) Not conduct any activities in a misleading or fraudulent manner;</P>
                <P>(3) Not discriminate on the basis of race, creed, color, sex or national origin in conducting activities;</P>
                <P>(4) Not distribute any item, nor post or otherwise affix any item, for which prior approval under § 101-20.401 has not been obtained;</P>
                <P>(5) Not leave leaflets or other materials unattended on the property; and</P>
                <P>(6) Not engage in activities which would interfere with the preferences afforded blind licenses under the Randolph-Sheppard Act (20 U.S.C. 107).</P>
                <P>(b) Permittees engaging in the solicitation of funds as authorized by § 101-20.401 shall display identification badges while on Federal property. Each badge shall indicate the permittee's name, address, telephone number, and organization.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.409</SECTNO>
                <SUBJECT>Non-affiliation with the Government.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-20.5—Sidewalk Installation, Repair, and Replacement</HD>
              <SECTION>
                <SECTNO>§ 101-20.500</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.501</SECTNO>
                <SUBJECT>Responsibilities.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-20.502</SECTNO>
                <SUBJECT>Standards.</SUBJECT>
                <P>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.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-21</EAR>
            <HD SOURCE="HED">PART 101-21—FEDERAL BUILDINGS FUND</HD>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>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).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 23169, May 8, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 101-21.000</SECTNO>
              <SUBJECT>Cross-reference to the Federal Management Regulation (FMR) (41 CFR chapter 102, parts 102-1 through 102-220.)</SUBJECT>
              <P>For information previously contained in this part, see FMR part 85 (41 CFR part 102-85).</P>
            </SECTION>
            <APPENDIX>
              <EAR>Ch. 101, Subch. D, App.</EAR>
              <PRTPAGE P="234"/>
              <WHED>Appendix to Subchapter D—Temporary Regulations</WHED>
              <GPOTABLE CDEF="s50,r50,r50,r50" COLS="4" OPTS="L2,tp8">
                <TDESC>[<E T="04">Editorial Note:</E> 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.]</TDESC>
                <BOXHD>
                  <CHED H="1">FPMR Temp. Reg.</CHED>
                  <CHED H="1">Subject</CHED>
                  <CHED H="1">Expires</CHED>
                  <CHED H="1">FR Publication</CHED>
                </BOXHD>
                <ROW>
                  <ENT I="01">D-1</ENT>
                  <ENT>Assignment and utilization of space</ENT>
                  <ENT/>
                  <ENT>62 FR 42070, Aug. 5, 1997</ENT>
                </ROW>
              </GPOTABLE>
              <HD SOURCE="HD1">Federal Property Management Regulations; Interim Rule D-1</HD>
              <FP>Supplement 1</FP>
              
              <FP SOURCE="FP-2">
                <E T="03">To: Heads of Federal Agencies</E>
              </FP>
              <FP SOURCE="FP-2">
                <E T="03">Subject: Assignment and utilization of space</E>
              </FP>
              <P>1. <E T="03">Purpose.</E> This interim rule, initially published in the <E T="04">Federal Register</E> 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.</P>
              <P>2. <E T="03">Effective date.</E> March 8, 1997. Comments should be submitted on or before 30 calendar days following publication in the <E T="04">Federal Register</E>.</P>
              <P>3. <E T="03">Comments.</E> Comments should be submitted to the General Services Administration, Public Buildings Service, Office of Property Adquisition and Realty Services (PE), Washington, DC 20405.</P>
              <P>4. <E T="03">Effect on other directives.</E> This interim rule amends 41 CFR part 101-17 by deleting all subparts and sections in their entirety and by adding a new § 101-17.205 entitled “Location of Space.”
              </P>
              <P>Dated: April 21, 1992.
              </P>
              <FP>David J. Barram,</FP>
              <FP>
                <E T="03">Acting Administrator of General Services</E>
              </FP>
              
              
              <FP>
                <E T="04">Attachment A</E>
              </FP>
              
              <FP SOURCE="FP-1">“Subchapter D—Public Buildings and Space</FP>
              <HD SOURCE="HD1">
                <E T="02">PART 101-17—ASSIGNMENT AND UTILIZATION OF SPACE</E>
              </HD>
              <FP>
                <E T="02">§101-17.000Scope of part.</E>
              </FP>
              <P>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.</P>
              <FP>
                <E T="02">§101-17.205Location of space</E>
              </FP>
              <P>(a) Each Federal agency is responsible for identifying its geographic service area and the delineated area within which it wishes to locate specific activities, consistent with its mission and program requirements, and in accordance with all applicable statutes, regulations and policies. Specifically, under the Rural Development Act of 1972, as amended, 42 U.S.C. §3122, agencies are required to give first priority to the location of new offices and other facilities in rural areas. When agency mission and program requirements call for location in an urban area, agencies must comply with Executive Order 12072, August 16, 1978, 3 CFR 213 (1979), which requires that first consideration be given to central business areas (CBAs) and other designated areas. The agency shall submit to GSA a written statement explaining the basis for the delineated area.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>

              <P>(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.<PRTPAGE P="235"/>
              </P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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. §§252-266, and Executive Order 12072.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>
              <P>(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.</P>

              <P>(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.<PRTPAGE P="236"/>
              </P>
              <P>(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>
              <P>(p) As used in §101-17.205, the following terms have the following meanings:</P>
              <P>(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.</P>
              <P>(2) “Delineated area” means the specific boundaries within which space will be obtained to satisfy an agency space requirement.</P>
              <P>(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.</P>
              <P>(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:</P>
              <P>(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.</P>
              <P>(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</P>
              <P>(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.)</P>
              <CITA>[39 FR 23196, June 27, 1974, as amended at 66 FR 5359, Jan. 18, 2001]</CITA>
            </APPENDIX>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="237"/>
          <HD SOURCE="HED">SUBCHAPTER E—SUPPLY AND PROCUREMENT</HD>
          <PART>
            <RESERVED>PARTS 101-22—101-24 [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 101-25</EAR>
            <HD SOURCE="HED">PART 101-25—GENERAL</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-25.000</SECTNO>
              <SUBJECT>Scope of subchapter.</SUBJECT>
              <SECTNO>101-25.001</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-25.1—General Policies</HD>
                <SECTNO>101-25.100</SECTNO>
                <SUBJECT>Use of Government personal property and nonpersonal services.</SUBJECT>
                <SECTNO>101-25.101</SECTNO>
                <SUBJECT>Criteria for determining method of supply.</SUBJECT>
                <SECTNO>101-25.101-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-25.101-2</SECTNO>
                <SUBJECT>Supply through storage and issue.</SUBJECT>
                <SECTNO>101-25.101-3</SECTNO>
                <SUBJECT>Supply through consolidated purchase for direct delivery to use points.</SUBJECT>
                <SECTNO>101-25.101-4</SECTNO>
                <SUBJECT>Supply through indefinite quantity requirement contracts.</SUBJECT>
                <SECTNO>101-25.101-5</SECTNO>
                <SUBJECT>Supply through local purchase.</SUBJECT>
                <SECTNO>101-25.102</SECTNO>
                <SUBJECT>Exchange or sale of personal property for replacement purposes.</SUBJECT>
                <SECTNO>101-25.103</SECTNO>
                <SUBJECT>Promotional materials, trading stamps, or bonus goods.</SUBJECT>
                <SECTNO>101-25.103-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-25.103-2</SECTNO>
                <SUBJECT>Promotional material received in conjunction with official travel from transportation companies, rental car companies, or other commercial activities.</SUBJECT>
                <SECTNO>101-25.103-3</SECTNO>
                <SUBJECT>Trading stamps or bonus goods received from contractors.</SUBJECT>
                <SECTNO>101-25.103-4</SECTNO>
                <SUBJECT>Disposition of promotional materials, trading stamps, or bonus goods</SUBJECT>
                <SECTNO>101-25.104</SECTNO>
                <SUBJECT>Acquisition of office furniture and office machines.</SUBJECT>
                <SECTNO>101-25.104-1</SECTNO>
                <SUBJECT>Redistribution, repair, or rehabilitation.</SUBJECT>
                <SECTNO>101-25.105</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-25.106</SECTNO>
                <SUBJECT>Servicing of office machines.</SUBJECT>
                <SECTNO>101-25.107</SECTNO>
                <SUBJECT>Guidelines for requisitioning and proper use of consumable or low cost items.</SUBJECT>
                <SECTNO>101-25.108</SECTNO>
                <SUBJECT>Multiyear subscriptions for publications.</SUBJECT>
                <SECTNO>101-25.109</SECTNO>
                <SUBJECT>Laboratory and research equipment.</SUBJECT>
                <SECTNO>101-25.109-1</SECTNO>
                <SUBJECT>Identification of idle equipment.</SUBJECT>
                <SECTNO>101-25.109-2</SECTNO>
                <SUBJECT>Equipment pools.</SUBJECT>
                <SECTNO>101-25.110</SECTNO>
                <SUBJECT>Tire identification/registration program.</SUBJECT>
                <SECTNO>101-25.110-1</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-25.110-2</SECTNO>
                <SUBJECT>Tires obtained through Federal Supply Schedules or regional term contracts.</SUBJECT>
                <SECTNO>101-25.110-3</SECTNO>
                <SUBJECT>Tires accompanying new motor vehicles.</SUBJECT>
                <SECTNO>101-25.110-4</SECTNO>
                <SUBJECT>Recordkeeping responsibilities.</SUBJECT>
                <SECTNO>101-25.111</SECTNO>
                <SUBJECT>Environmental impact policy.</SUBJECT>
                <SECTNO>101-25.112</SECTNO>
                <SUBJECT>Energy conservation policy.</SUBJECT>
                <SECTNO>101-25.113</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-25.114</SECTNO>
                <SUBJECT>Supply management surveys and assistance.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-25.2—Interagency Purchase Assignments</HD>
                <SECTNO>101-25.201</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-25.202</SECTNO>
                <SUBJECT>Factors to be used to determine assignment of purchase responsibility.</SUBJECT>
                <SECTNO>101-25.203</SECTNO>
                <SUBJECT>Centralized purchases by GSA.</SUBJECT>
                <SECTNO>101-25.204</SECTNO>
                <SUBJECT>Centralized purchases by designated executive agencies under authority delegated by the Administrator of General Services.</SUBJECT>
                <SECTNO>101-25.205</SECTNO>
                <SUBJECT>Arrangement for performance of purchasing functions other than centralized.</SUBJECT>
                <SECTNO>101-25.206</SECTNO>
                <SUBJECT>Independent purchases by executive agencies.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-25.3—Use Standards</HD>
                <SECTNO>101-25.301</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-25.302</SECTNO>
                <SUBJECT>Office furniture, furnishings, and equipment.</SUBJECT>
                <SECTNO>101-25.302-1</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-25.302-2</SECTNO>
                <SUBJECT>Filing cabinets.</SUBJECT>
                <SECTNO>101-25.302-3—101-25.302-4</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-25.302-5</SECTNO>
                <SUBJECT>Carpeting.</SUBJECT>
                <SECTNO>101-25.302-6</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-25.302-7</SECTNO>
                <SUBJECT>Draperies.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-25.4—Replacement Standards</HD>
                <SECTNO>101-25.401</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-25.402</SECTNO>
                <SUBJECT>Motor vehicles.</SUBJECT>
                <SECTNO>101-25.403</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-25.404</SECTNO>
                <SUBJECT>Furniture.</SUBJECT>
                <SECTNO>101-25.404-1</SECTNO>
                <SUBJECT>Limitation.</SUBJECT>
                <SECTNO>101-25.405</SECTNO>
                <SUBJECT>Materials handling equipment.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-25.5—Purchase or Lease Determinations</HD>
                <SECTNO>101-25.500</SECTNO>
                <SUBJECT>Cross-reference to the Federal Acquisition Regulation (FAR) (48 CFR chapter 1, parts 1-99).</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-25.6—101-25.49[Reserved]</RESERVED>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SECTION>
              <SECTNO>§ 101-25.000</SECTNO>
              <SUBJECT>Scope of subchapter.</SUBJECT>

              <P>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 <PRTPAGE P="238"/>for applicability of coverage within each of these several parts.</P>
              <CITA>[29 FR 13256, Sept. 24, 1964]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 101-25.001</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>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.</P>
              <CITA>[29 FR 13256, Sept. 24, 1964]</CITA>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-25.1—General Policies</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>29 FR 13256, Sept. 24, 1964, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-25.100</SECTNO>
                <SUBJECT>Use of Government personal property and nonpersonal services.</SUBJECT>

                <P>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 <E T="03">nonpersonal services</E> means those contractual services, other than personal and professional services (as defined in 40 U.S.C. 472). This includes property and services on interagency loan as well as property leased by agencies. Agency heads shall ensure that the provisions of this § 101-25.100 are enforced to restrict the use of Government property/services to officially designated activities.</P>
                <CITA>[40 FR 29818, July 16, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.101</SECTNO>
                <SUBJECT>Criteria for determining method of supply.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.101-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>(a) This § 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.</P>
                <P>(b) As used in this § 101-25.101, the term <E T="03">use point</E> 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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.101-2</SECTNO>
                <SUBJECT>Supply through storage and issue.</SUBJECT>
                <P>The following criteria shall govern in determining whether an item can be most advantageously supplied through storage and issue to use points:</P>
                <P>(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;</P>
                <P>(b) Rate of use and frequency of ordering at use points shall be sufficient to warrant storage and issue;</P>
                <P>(c) The rate of deterioration or obsolescence shall be sufficiently low to avoid unnecessary loss; and</P>
                <P>(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)—</P>
                <P>(1) Where price advantage through bulk buying is sufficient to render storage and issue more economical, all costs, both direct and indirect, considered.</P>
                <P>(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.</P>
                <P>(3) Where advance purchase and storage are necessitated by long procurement leadtime.</P>
                <P>(4) Where an item is of special manufacture or design and is not readily available from commercial sources.</P>
                <P>(5) Where an adequate industry distribution system does not exist to assure availability at use point.</P>

                <P>(6) Where volume purchases are necessary to secure timely deliveries and advantageous prices.<PRTPAGE P="239"/>
                </P>
                <P>(7) Where market conditions are such that supply through storage and issue is required to assure adequate supply.</P>
                <P>(8) Where stocking of supplies and equipment necessary for implementation of emergency plans is required for an indefinite period.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.101-3</SECTNO>
                <SUBJECT>Supply through consolidated purchase for direct delivery to use points.</SUBJECT>
                <P>The following criteria shall govern in determining whether an item can be most advantageously supplied through consolidated purchase for direct delivery to use points:</P>
                <P>(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</P>
                <P>(b) Conditions exist where any of the following factors requires consolidated purchasing of such items for direct delivery to use points—</P>
                <P>(1) Where greatest price advantage, both direct and indirect costs considered, is obtainable through large definite quantity purchasing.</P>
                <P>(2) Where an item is of special manufacture or design and is not readily available from commercial sources.</P>
                <P>(3) Where market conditions are such that central procurement is required to assure adequate supply.</P>
                <P>(4) Where contracts for production quantities are necessary to secure timely deliveries and advantageous prices.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.101-4</SECTNO>
                <SUBJECT>Supply through indefinite quantity requirement contracts.</SUBJECT>
                <P>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:</P>
                <P>(a) The item shall be such a character that—</P>
                <P>(1) Handling on a storage and issue basis is not economically sound, under the criteria prescribed in § 101-25.101-2;</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(b) Industry distribution facilities are adequate properly to serve the use points involved; and</P>
                <P>(c) Conditions exist where any of the following factors requires the maintaining of indefinite quantity requirements contracts—</P>
                <P>(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.</P>
                <P>(2) Acute competitive bidding problems exist because of highly technical matters which can best be met on a centralized contracting basis.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.101-5</SECTNO>
                <SUBJECT>Supply through local purchase.</SUBJECT>
                <P>The following criteria shall govern in determining whether an item should be supplied through local purchase:</P>
                <P>(a) Urgency of need requires local purchase to assure prompt delivery;</P>
                <P>(b) The items are perishable or subject to rapid deterioration which will not permit delay incident to shipment from distant points;</P>
                <P>(c) The local purchase is within applicable limitation established by the agency head; or</P>
                <P>(d) Local purchase will produce the greatest economy to the Government.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="240"/>
                <SECTNO>§ 101-25.102</SECTNO>
                <SUBJECT>Exchange or sale of personal property for replacement purposes.</SUBJECT>
                <P>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.</P>
                <CITA>[31 FR 4997, Mar. 26, 1966]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.103</SECTNO>
                <SUBJECT>Promotional materials, trading stamps, or bonus goods.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.103-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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 § 101-25.103. The procedures shall provide for a minimum of administrative and accounting controls.</P>
                <CITA>[48 FR 48232, Oct. 18, 1983]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.103-2</SECTNO>
                <SUBJECT>Promotional material received in conjunction with official travel from transportation companies, rental car companies, or other commercial activities.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.”</P>
                <P>(d) Promotional materials that cannot be used by the receiving agency shall be disposed of in accordance with § 101-25.103-4.</P>
                <CITA>[48 FR 48232, Oct. 18, 1983]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.103-3</SECTNO>
                <SUBJECT>Trading stamps or bonus goods received from contractors.</SUBJECT>
                <P>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 § 101-25.103.4.</P>
                <CITA>[48 FR 48232, Oct. 18, 1983]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.103-4</SECTNO>
                <SUBJECT>Disposition of promotional materials, trading stamps, or bonus goods.</SUBJECT>

                <P>(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 <PRTPAGE P="241"/>the Veterans Administration (VA) when:</P>
                <P>(1) The contract does not contain a price reduction clause, or</P>
                <P>(2) The contractor refuses to grant a price reduction, and</P>
                <P>(3) It is deemed practical and in the best interest of the Government to accept such promotional items as a price reduction, and</P>
                <P>(4) The procuring or receiving agency has no practical use for the promotional items.</P>
                <P>(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.</P>
                <CITA>[48 FR 48232, Oct. 18, 1983]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.104</SECTNO>
                <SUBJECT>Acquisition of office furniture and office machines.</SUBJECT>
                <P>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.</P>
                <P>(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 § 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:</P>
                <P>(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).</P>
                <P>(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.</P>
                <P>(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:</P>
                <P>(1) Where the agency determines that the item is not economically repairable.</P>
                <P>(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.</P>
                <CITA>[30 FR 5479, Apr. 16, 1965, as amended at 42 FR 1031, Jan. 5, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.104-1</SECTNO>
                <SUBJECT>Redistribution, repair, or rehabilitation.</SUBJECT>
                <P>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.</P>
                <CITA>[42 FR 1031, Jan. 5, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.105</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.106</SECTNO>
                <SUBJECT>Servicing of office machines.</SUBJECT>

                <P>(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 <PRTPAGE P="242"/>consideration of the factors set forth in paragraph (b) of this section.</P>
                <P>(b) Prior to making the determination required by paragraph (a) of this section, consideration shall be given to:</P>
                <P>(1) Standard of performance required;</P>
                <P>(2) Degree of reliability needed;</P>
                <P>(3) Environmental factors; i.e., dusty surroundings or other unfavorable conditions;</P>
                <P>(4) Proximity to available repair facilities;</P>
                <P>(5) Past experience with service facility; i.e., reputation, performance record, quality of work, etc.;</P>
                <P>(6) Daily use (heavy or light) and operator's care of machine;</P>
                <P>(7) Age and performance record of machine;</P>
                <P>(8) Machine inventory in relation to operating needs; i.e., availability of reserve machine in case of breakdown;</P>
                <P>(9) Number of machines; including overall frequency of repairs required;</P>
                <P>(10) Security restrictions, if any; and</P>
                <P>(11) Other pertinent factors.</P>
                <CITA>[31 FR 14260, Nov. 4, 1966]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.107</SECTNO>
                <SUBJECT>Guidelines for requisitioning and proper use of consumable or low cost items.</SUBJECT>
                <P>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.</P>
                <P>(a) The guidelines set forth in this § 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.”</P>
                <P>(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.</P>
                <P>(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.</P>

                <P>(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.
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">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.</FP>
                </EXTRACT>
                <CITA>[32 FR 4413, Mar. 23, 1967, as amended at 42 FR 1031, Jan. 5, 1977; 51 FR 13498, Apr. 21, 1986]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.108</SECTNO>
                <SUBJECT>Multiyear subscriptions for publications.</SUBJECT>

                <P>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 <PRTPAGE P="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).</P>
                <CITA>[33 FR 17140, Nov. 19, 1968]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.109</SECTNO>
                <SUBJECT>Laboratory and research equipment.</SUBJECT>
                <P>(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.</P>
                <P>(b) The term <E T="03">Federal laboratory,</E> 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.</P>
                <CITA>[43 FR 29004, July 5, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.109-1</SECTNO>
                <SUBJECT>Identification of idle equipment.</SUBJECT>
                <P>(a) The provisions of this § 101-25.109-1 apply to all Federal laboratories regardless of size.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) The agency head or his designee shall ensure compliance by responsible personnel with the requirements of this § 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.</P>
                <CITA>[43 FR 29004, July 5, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.109-2</SECTNO>
                <SUBJECT>Equipment pools.</SUBJECT>
                <P>(a) The provisions of this § 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.</P>

                <P>(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 <PRTPAGE P="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 § 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(e) The agency head or his designee shall ensure compliance by responsible personnel with the provisions of this § 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.</P>
                <CITA>[43 FR 29004, July 5, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.110</SECTNO>
                <SUBJECT>Tire identification/registration program.</SUBJECT>
                <P>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.</P>
                <CITA>[53 FR 11848, Apr. 11, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.110-1</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.110-2</SECTNO>
                <SUBJECT>Tires obtained through Federal Supply Schedules or regional term contracts.</SUBJECT>
                <P>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.</P>
                <CITA>[53 FR 11848, Apr. 11, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.110-3</SECTNO>
                <SUBJECT>Tires accompanying new motor vehicles.</SUBJECT>
                <P>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.</P>
                <CITA>[37 FR 7794, Apr. 20, 1972]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.110-4</SECTNO>
                <SUBJECT>Recordkeeping responsibilities.</SUBJECT>

                <P>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 <PRTPAGE P="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.</P>
                <CITA>[53 FR 11848, Apr. 11, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.111</SECTNO>
                <SUBJECT>Environmental impact policy.</SUBJECT>
                <P>(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.</P>

                <P>(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 <E T="04">Federal Register</E> 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.</P>
                <CITA>[39 FR 24505, July 3, 1974]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.112</SECTNO>
                <SUBJECT>Energy conservation policy.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[43 FR 8800, Mar. 3, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.113</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.114</SECTNO>
                <SUBJECT>Supply management surveys and assistance.</SUBJECT>
                <P>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.</P>
                <CITA>[45 FR 41947, June 23, 1980]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="246"/>
              <HD SOURCE="HED">Subpart 101-25.2—Interagency Purchase Assignments</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>29 FR 15991, Dec. 1, 1964, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-25.201</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>(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.</P>
                <P>(b) The term <E T="03">purchase assignment</E> as used in this subpart shall normally be considered to include performance of the following functions:</P>
                <P>(1) Arranging with requiring agencies for phased submission of requirements and procurement requisitions.</P>
                <P>(2) Soliciting and analyzing bids and negotiating, awarding, and executing contracts.</P>
                <P>(3) General contract administration.</P>
                <P>(4) Arranging for inspection and delivery.</P>
                <P>(5) Promotion of a maximum practicable degree of standardization in specifications and establishment of Federal Specifications, when possible, in accordance with applicable regulations.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.202</SECTNO>
                <SUBJECT>Factors to be used to determine assignment of purchase responsibility.</SUBJECT>
                <P>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:</P>
                <P>(a) Current or potential predominant use or consumption by a given agency.</P>
                <P>(b) Availability of funds to carry out the assignment on a Government-wide basis or with limited exceptions.</P>
                <P>(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.</P>
                <P>(d) Custodianship and operation of special facilities such as research and testing laboratories and inspection or testing stations and devices.</P>
                <P>(e) Actual or potential qualifications and experience of agency purchasing and contracting officials and their operating units with due regard to adequacy of staff.</P>
                <P>(f) Past experience of the agency in performing services to other agencies on an informal or joint cooperative basis.</P>
                <P>(g) Relations of the agency with the industry involved.</P>
                <P>(h) Physical proximity of the agency purchasing office or offices to the requirement-compiling elements of the principal using agencies.</P>
                <P>(i) Physical location of the agency purchasing office or offices in relation to market areas.</P>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.203</SECTNO>
                <SUBJECT>Centralized purchases by GSA.</SUBJECT>

                <P>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:<PRTPAGE P="247"/>
                </P>
                <P>(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</P>
                <P>(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 § 101-25.203(a); and</P>
                <P>(c) GSA is best equipped to do the buying based upon the factors listed in § 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</P>
                <P>(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 §§ 101-25.202 and 101-25.204.</P>
                <P>(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 § 101-25.203 that are thereafter to be purchased exclusively for all executive agencies, or with specified limited exceptions, by GSA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.204</SECTNO>
                <SUBJECT>Centralized purchases by designated executive agencies under authority delegated by the Administrator of General Services.</SUBJECT>
                <P>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:</P>
                <P>(a) The Administrator of General Services has determined, based upon the factors listed in § 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 § 101-25.203 that are to be purchased exclusively by the named executive agency under authority delegated by the Administrator of General Services; and</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.205</SECTNO>
                <SUBJECT>Arrangement for performance of purchasing functions other than centralized.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="248"/>
                <SECTNO>§ 101-25.206</SECTNO>
                <SUBJECT>Independent purchases by executive agencies.</SUBJECT>
                <P>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:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(c) By consultation between GSA and agencies concerned, it is determined that interagency purchase assignment would adversely affect the national security or military operations.</P>
                <P>(d) The purchases cannot be publicly disclosed in the interest of national security.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-25.3—Use Standards</HD>
              <SECTION>
                <SECTNO>§ 101-25.301</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>(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).</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[29 FR 15993, Dec. 1, 1964, as amended at 61 FR 14978, Apr. 4, 1996]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.302</SECTNO>
                <SUBJECT>Office furniture, furnishings, and equipment.</SUBJECT>
                <P>(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 § 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[29 FR 15993, Dec. 1, 1964, as amended at 42 FR 1031, Jan. 5, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.302-1</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.302-2</SECTNO>
                <SUBJECT>Filing cabinets.</SUBJECT>
                <P>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:</P>
                <P>(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.</P>

                <P>(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).<PRTPAGE P="249"/>
                </P>
                <P>(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.</P>
                <P>(d) Shifting less active files, not transferable to approved records centers, to fiberboard storage boxes, using filing cabinets only when files are constantly used.</P>
                <P>(e) Using filing cabinets with locks only when required by special needs that cannot be satisfied less expensively.</P>
                <P>(f) Using letter-size filing cabinets instead of legal-size whenever possible.</P>
                <P>(g) Using 5-drawer filing cabinets whenever available in lieu of 4-drawer cabinets.</P>
                <CITA>[29 FR 15993, Dec. 1, 1964, as amended at 53 FR 11848, Apr. 11, 1988; 61 FR 14978, Apr. 4, 1996]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§§ 101-25.302-3—101-25.302-4</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.302-5</SECTNO>
                <SUBJECT>Carpeting.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[43 FR 18673, May 2, 1978, as amended at 49 FR 48546, Dec. 13, 1984]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.302-6</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.302-7</SECTNO>
                <SUBJECT>Draperies.</SUBJECT>
                <P>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 § 101-20.105-1.</P>
                <CITA>[61 FR 14978, Apr. 4, 1996]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-25.4—Replacement Standards</HD>
              <SECTION>
                <SECTNO>§ 101-25.401</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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.</P>
                <CITA>[29 FR 15994, Dec. 1, 1964]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.402</SECTNO>
                <SUBJECT>Motor vehicles.</SUBJECT>
                <P>Replacement of motor vehicles shall be in accordance with the standards prescribed in § 101-38.402.</P>
                <CITA>[53 FR 11848, Apr. 11, 1988]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.403</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.404</SECTNO>
                <SUBJECT>Furniture.</SUBJECT>
                <P>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.</P>
                <CITA>[38 FR 28566, Oct. 15, 1973]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="250"/>
                <SECTNO>§ 101-25.404-1</SECTNO>
                <SUBJECT>Limitation.</SUBJECT>
                <P>Nothwithstanding the provisions in § 101-25.404, agencies shall limit acquisition of new office furniture to essential requirements as provided in § 101-25.104. Replacement of correspondence filing cabinets will be governed by the provisions of § 101-26.308.</P>
                <CITA>[61 FR 14978, Apr. 4, 1996]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-25.405</SECTNO>
                <SUBJECT>Materials handling equipment.</SUBJECT>
                <P>(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.</P>
                <P>(1) Years in use shall be determined in accordance with the following:</P>
                <P>(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.</P>
                <P>(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.</P>
                <GPOTABLE CDEF="s30,7,2,2,2,2,2,2,2,2,2,2,2,2,2,2,2" COLS="17" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Column 1—Type of unit</CHED>
                    <CHED H="1">Column 2—Expected years of economical use</CHED>
                    <CHED H="1">Column 3—Maximum allowable “one-time repair limits” as percentage of acquisition costs (years in use)</CHED>
                    <CHED H="2">1</CHED>
                    <CHED H="2">2</CHED>
                    <CHED H="2">3</CHED>
                    <CHED H="2">4</CHED>
                    <CHED H="2">5</CHED>
                    <CHED H="2">6</CHED>
                    <CHED H="2">7</CHED>
                    <CHED H="2">8</CHED>
                    <CHED H="2">9</CHED>
                    <CHED H="2">10</CHED>
                    <CHED H="2">11</CHED>
                    <CHED H="2">12</CHED>
                    <CHED H="2">13</CHED>
                    <CHED H="2">14</CHED>
                    <CHED H="2">15</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="21">
                      <E T="04">Gasoline</E>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Fork truck (2000 pounds to 6000 pounds)</ENT>
                    <ENT>8</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">Fork truck (over 6000 pounds)</ENT>
                    <ENT>10</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                    <ENT>10</ENT>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">Tractor</ENT>
                    <ENT>8</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">Crane</ENT>
                    <ENT>12</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">Platform truck</ENT>
                    <ENT>8</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">Straddle truck</ENT>
                    <ENT>15</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="21">
                      <E T="04">Electric</E>
                      
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Fork truck (2000 pounds to 6000 pounds)</ENT>
                    <ENT>15</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Tractor</ENT>
                    <ENT>15</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Crane</ENT>
                    <ENT>15</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Platform truck</ENT>
                    <ENT>15</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Pallet truck</ENT>
                    <ENT>15</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>50</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>45</ENT>
                    <ENT>40</ENT>
                    <ENT>40</ENT>
                    <ENT>35</ENT>
                    <ENT>35</ENT>
                    <ENT>30</ENT>
                    <ENT>25</ENT>
                    <ENT>20</ENT>
                    <ENT>15</ENT>
                    <ENT>10</ENT>
                  </ROW>
                </GPOTABLE>
                <P>(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.</P>
                <P>(b) Notwithstanding the limitations prescribed in § 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.</P>

                <P>(1) When the cumulative repair costs on a piece of equipment appears to be excessive as indicated by repair rec-ords. 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 <PRTPAGE P="251"/>in the repair/replacement decision making process.</P>
                <P>(2) When repair parts are not available causing excessive equipment out-of-service time.</P>
                <P>(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.</P>
                <CITA>[32 FR 12400, Aug. 25, 1967]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-25.5—Purchase or Lease Determinations</HD>
              <SECTION>
                <SECTNO>§ 101-25.500</SECTNO>
                <SUBJECT>Cross-reference to the Federal Acquisition Regulation (FAR) (48 CFR chapter 1, parts 1-99).</SUBJECT>
                <P>For guidance see Federal Acquisition Regulation Subpart 7.4 (48 CFR Subpart 7.4).</P>
                <CITA>[64 FR 34734, June 29, 1999]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-25.6—101-25.49 [Reserved]</RESERVED>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-26</EAR>
            <HD SOURCE="HED">PART 101-26—PROCUREMENT SOURCES AND PROGRAM</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-26.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.1—General</HD>
                <SECTNO>101-26.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-26.100-1</SECTNO>
                <SUBJECT>Procurement of lowest cost items.</SUBJECT>
                <SECTNO>101-26.100-2</SECTNO>
                <SUBJECT>Request for waivers.</SUBJECT>
                <SECTNO>101-26.100-3</SECTNO>
                <SUBJECT>Warranties.</SUBJECT>
                <SECTNO>101-26.101</SECTNO>
                <SUBJECT>Utilization of long supply and excess personal property.</SUBJECT>
                <SECTNO>101-26.102</SECTNO>
                <SUBJECT>Special buying services.</SUBJECT>
                <SECTNO>101-26.102-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-26.102-2</SECTNO>
                <SUBJECT>Utilization by military agencies.</SUBJECT>
                <SECTNO>101-26.102-3</SECTNO>
                <SUBJECT>Procurement leadtime.</SUBJECT>
                <SECTNO>101-26.102-4</SECTNO>
                <SUBJECT>Payment to GSA contractors.</SUBJECT>
                <SECTNO>101-26.103</SECTNO>
                <SUBJECT>Establishing essentiality of requirements.</SUBJECT>
                <SECTNO>101-26.103-1</SECTNO>
                <SUBJECT>Policy for personal property.</SUBJECT>
                <SECTNO>101-26.103-2</SECTNO>
                <SUBJECT>Restriction on personal convenience items.</SUBJECT>
                <SECTNO>101-26.104</SECTNO>
                <SUBJECT>End-of-year submission of requisitions for action by GSA.</SUBJECT>
                <SECTNO>101-26.105</SECTNO>
                <SUBJECT>Justification to support negotiated procurement by GSA for other agencies.</SUBJECT>
                <SECTNO>101-26.106</SECTNO>
                <SUBJECT>Consolidation of requirements.</SUBJECT>
                <SECTNO>101-26.107</SECTNO>
                <SUBJECT>Priorities for use of supply sources.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.2—Federal Requisitioning System</HD>
                <SECTNO>101-26.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-26.201</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-26.202</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-26.203</SECTNO>
                <SUBJECT>Activity address codes.</SUBJECT>
                <SECTNO>101-26.204—101-26.205</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-26.206</SECTNO>
                <SUBJECT>GSA assistance.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.3—Procurement of GSA Stock Items</HD>
                <SECTNO>101-26.300</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-26.301</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-26.301-1</SECTNO>
                <SUBJECT>Similar items.</SUBJECT>
                <SECTNO>101-26.301-2</SECTNO>
                <SUBJECT>Issue of used, repaired, and rehabilitated items in serviceable condition.</SUBJECT>
                <SECTNO>101-26.302</SECTNO>
                <SUBJECT>Standard and optional forms.</SUBJECT>
                <SECTNO>101-26.303</SECTNO>
                <SUBJECT>Out-of-stock items.</SUBJECT>
                <SECTNO>101-26.304</SECTNO>
                <SUBJECT>Substitution policy.</SUBJECT>
                <SECTNO>101-26.305</SECTNO>
                <SUBJECT>Submission of orders to GSA.</SUBJECT>
                <SECTNO>101-26.306</SECTNO>
                <SUBJECT>Planned requisitioning for GSA stock items.</SUBJECT>
                <SECTNO>101-26.307</SECTNO>
                <SUBJECT>Processing overages, shortages, and damages.</SUBJECT>
                <SECTNO>101-26.308</SECTNO>
                <SUBJECT>Obtaining filing cabinets.</SUBJECT>
                <SECTNO>101-26.309</SECTNO>
                <SUBJECT>Cancellation of orders for GSA stock items.</SUBJECT>
                <SECTNO>101-26.310</SECTNO>
                <SUBJECT>Ordering errors.</SUBJECT>
                <SECTNO>101-26.311</SECTNO>
                <SUBJECT>Frustrated shipments.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subpart 101-26.4—Federal Supply Schedules[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.5—GSA Procurement Programs</HD>
                <SECTNO>101-26.500</SECTNO>
                <SUBJECT>Scope and applicability of subpart.</SUBJECT>
                <SECTNO>101-26.501</SECTNO>
                <SUBJECT>Purchase of new motor vehicles.</SUBJECT>
                <SECTNO>101-26.501-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-26.501-2</SECTNO>
                <SUBJECT>Standardized buying programs.</SUBJECT>
                <SECTNO>101-26.501-3</SECTNO>
                <SUBJECT>Consolidated purchase program.</SUBJECT>
                <SECTNO>101-26.501-4</SECTNO>
                <SUBJECT>Submission of orders.</SUBJECT>
                <SECTNO>101-26.501-5</SECTNO>
                <SUBJECT>Procurement time schedules.</SUBJECT>
                <SECTNO>101-26.501-6</SECTNO>
                <SUBJECT>Forms used in connection with delivery of vehicles.</SUBJECT>
                <SECTNO>101-26.501-7</SECTNO>
                <SUBJECT>Sale of vehicles.</SUBJECT>
                <SECTNO>101-26.501-8</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-26.501-9</SECTNO>
                <SUBJECT>Centralized motor vehicle leasing program.</SUBJECT>
                <SECTNO>101-26.502</SECTNO>
                <SUBJECT>U.S. Government National Credit Card.</SUBJECT>
                <SECTNO>101-26.503</SECTNO>
                <SUBJECT>Multiple award schedule purchases made by GSA supply distribution facilities.</SUBJECT>
                <SECTNO>101-26.504</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-26.505</SECTNO>
                <SUBJECT>Office and household furniture and furnishings.</SUBJECT>
                <SECTNO>101-26.505-1</SECTNO>
                <SUBJECT>Description of office and household furniture.</SUBJECT>
                <SECTNO>101-26.505-2</SECTNO>

                <SUBJECT>Description of office and household furnishings.<PRTPAGE P="252"/>
                </SUBJECT>
                <SECTNO>101-26.505-3</SECTNO>
                <SUBJECT>Requests to procure similar items from sources other than GSA supply sources.</SUBJECT>
                <SECTNO>101-26.505-4—101-26.505-6</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-26.505-7</SECTNO>
                <SUBJECT>GSA assistance in selection of furniture and furnishings.</SUBJECT>
                <SECTNO>101-26.506</SECTNO>
                <SUBJECT>Interior planning and design services.</SUBJECT>
                <SECTNO>101-26.506-1</SECTNO>
                <SUBJECT>Types of service.</SUBJECT>
                <SECTNO>101-26.506-2</SECTNO>
                <SUBJECT>Limitations.</SUBJECT>
                <SECTNO>101-26.506-3</SECTNO>
                <SUBJECT>Submission of requests.</SUBJECT>
                <SECTNO>101-26.506-4</SECTNO>
                <SUBJECT>Acceptance and processing of requests.</SUBJECT>
                <SECTNO>101-26.506-5</SECTNO>
                <SUBJECT>Reimbursement for services.</SUBJECT>
                <SECTNO>101-26.507</SECTNO>
                <SUBJECT>Security equipment.</SUBJECT>
                <SECTNO>101-26.507-1</SECTNO>
                <SUBJECT>Submission of requisitions.</SUBJECT>
                <SECTNO>101-26.507-2</SECTNO>
                <SUBJECT>Procurement time schedule.</SUBJECT>
                <SECTNO>101-26.507-3</SECTNO>
                <SUBJECT>Purchase of security equipment from Federal Supply Schedules.</SUBJECT>
                <SECTNO>101-26.507-4</SECTNO>
                <SUBJECT>Quantities in excess of the maximum order limitation.</SUBJECT>
                <SECTNO>101-26.508</SECTNO>
                <SUBJECT>Electronic data processing (EDP) tape and instrumentation tape (wide and intermediate band).</SUBJECT>
                <SECTNO>101-26.508-1</SECTNO>
                <SUBJECT>Requisitioning data processing tape available through Federal Supply Schedule contracts.</SUBJECT>
                <SECTNO>101-26.508-2</SECTNO>
                <SUBJECT>Requisitioning data processing tape not available from Federal Supply Schedule contracts.</SUBJECT>
                <SECTNO>101-26.508-3</SECTNO>
                <SUBJECT>Consolidation of requisitions.</SUBJECT>
                <SECTNO>101-26.509</SECTNO>
                <SUBJECT>Tabulating machine cards.</SUBJECT>
                <SECTNO>101-26.509-1</SECTNO>
                <SUBJECT>Requisitioning tabulating machine cards available from Federal Supply Schedule contracts.</SUBJECT>
                <SECTNO>101-26.509-2</SECTNO>
                <SUBJECT>Requisitioning tabulating machine cards not available from Federal Supply Schedule contracts.</SUBJECT>
                <SECTNO>101-26.509-3</SECTNO>
                <SUBJECT>Consolidation of requisitions.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.6—Procurement Sources Other Than GSA</HD>
                <SECTNO>101-26.600</SECTNO>
                <SUBJECT>Scope and applicability of subpart.</SUBJECT>
                <SECTNO>101-26.601</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-26.602</SECTNO>
                <SUBJECT>Fuels and packaged petroleum products obtained from or through the Defense Logistics Agency.</SUBJECT>
                <SECTNO>101-26.602-1</SECTNO>
                <SUBJECT>Procurement of lubricating oils, greases, and gear lubricants.</SUBJECT>
                <SECTNO>101-26.602-2</SECTNO>
                <SUBJECT>Procurement of packaged petroleum products.</SUBJECT>
                <SECTNO>101-26.602-3</SECTNO>
                <SUBJECT>Procurement of gasoline, fuel oil (diesel and burner), kerosene, and solvents.</SUBJECT>
                <SECTNO>101-26.602-4</SECTNO>
                <SUBJECT>Procurement of coal.</SUBJECT>
                <SECTNO>101-26.602-5</SECTNO>
                <SUBJECT>Procurement of natural gas from the wellhead and other supply sources.</SUBJECT>
                <SECTNO>101-26.603</SECTNO>
                <SUBJECT>Electronic items available from the Defense Logistics Agency.</SUBJECT>
                <SECTNO>101-26.605</SECTNO>
                <SUBJECT>Items other than petroleum products and electronic items available from the Defense Logistics Agency.</SUBJECT>
                <SECTNO>101-26.606</SECTNO>
                <SUBJECT>Supply support available from the inventory control points of the military departments.</SUBJECT>
                <SECTNO>101-26.607</SECTNO>
                <SUBJECT>Billings.</SUBJECT>
                <SECTNO>101-26.607-1</SECTNO>
                <SUBJECT>Payments.</SUBJECT>
                <SECTNO>101-26.607-2</SECTNO>
                <SUBJECT>Adjustments.</SUBJECT>
                <SECTNO>101-26.607-3</SECTNO>
                <SUBJECT>Emergency requirements.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.7—Procurement Sources Other Than GSA and the Department of Defense</HD>
                <SECTNO>101-26.700</SECTNO>
                <SUBJECT>Scope and applicability of subpart.</SUBJECT>
                <SECTNO>101-26.701</SECTNO>
                <SUBJECT>Purchase of products and services from the blind and other severely handicapped persons.</SUBJECT>
                <SECTNO>101-26.702</SECTNO>
                <SUBJECT>Purchase of products manufactured by the Federal Prison Industries, Inc.</SUBJECT>
                <SECTNO>101-26.703</SECTNO>
                <SUBJECT>Marginally punched continuous forms.</SUBJECT>
                <SECTNO>101-26.704</SECTNO>
                <SUBJECT>Purchase of nonperishable subsistence (NPS) items.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.8—Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or Billings</HD>
                <SECTNO>101-26.800</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-26.801</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-26.802</SECTNO>
                <SUBJECT>Exclusions.</SUBJECT>
                <SECTNO>101-26.803</SECTNO>
                <SUBJECT>Discrepancies or deficiencies in shipments, material, or billings.</SUBJECT>
                <SECTNO>101-26.803-1</SECTNO>
                <SUBJECT>Reporting discrepancies or deficiencies.</SUBJECT>
                <SECTNO>101-26.803-2</SECTNO>
                <SUBJECT>Reporting quality deficiencies.</SUBJECT>
                <SECTNO>101-26.803-3</SECTNO>
                <SUBJECT>Reporting of discrepancies in transportation, shipments, material, or billings.</SUBJECT>
                <SECTNO>101-26.803-4</SECTNO>
                <SUBJECT>Adjustments.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <RESERVED>Subparts 101-26.9—101-26.48[Reserved]</RESERVED>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-26.49—Illustrations of Forms</HD>
                <SECTNO>101-26.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-26.4901</SECTNO>
                <SUBJECT>Standard forms.</SUBJECT>
                <SECTNO>101-26.4901-149</SECTNO>
                <SUBJECT>Standard Form 149, U.S. Government National Credit Card.</SUBJECT>
                <SECTNO>101-26.4902</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <SECTNO>101-26.4902-457</SECTNO>
                <SUBJECT>GSA Form 457, FSS Publications Mailing List Application.</SUBJECT>
                <SECTNO>101-26.4902-1398</SECTNO>
                <SUBJECT>GSA Form 1398: Motor vehicle purchase and inspection label.</SUBJECT>
                <SECTNO>101-26.4902-1424</SECTNO>
                <SUBJECT>GSA Form 1424, GSA Supplemental Provisions.</SUBJECT>
                <SECTNO>101-26.4902-1781</SECTNO>
                <SUBJECT>GSA Form 1781, Motor Vehicle Requisition—Delivery Order.</SUBJECT>
                <SECTNO>101-26.4902-2891</SECTNO>
                <SUBJECT>GSA Form 2891, Instructions to Users of Federal Supply Schedules.</SUBJECT>
                <SECTNO>101-26.4904</SECTNO>
                <SUBJECT>Other agency forms.</SUBJECT>
                <SECTNO>101-26.4904-416</SECTNO>
                <SUBJECT>DD Form 416: Purchase Request for Coal, Coke, or Briquettes.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SECTION>
              <PRTPAGE P="253"/>
              <SECTNO>§ 101-26.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>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).</P>
              <CITA>[56 FR 12455, Mar. 26, 1991]</CITA>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.1—General</HD>
              <SECTION>
                <SECTNO>§ 101-26.100</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[36 FR 17423, Aug. 31, 1971]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.100-1</SECTNO>
                <SUBJECT>Procurement of lowest cost items.</SUBJECT>
                <P>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.</P>
                <CITA>[56 FR 12455, Mar. 26, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.100-2</SECTNO>
                <SUBJECT>Request for waivers.</SUBJECT>
                <P>Waiver requests, when required by § 101-26.102-1 (special order program established source items), § 101-26.301 (GSA stock items) or § 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:</P>
                <P>(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:</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(3) The quantity required. (If demand is recurrent, nonrecurrent, or unpredictable, so state.)</P>
                <P>(4) The name and telephone number of the person to be contacted when questions arise concerning the request.</P>
                <P>(5) Other pertinent data, when applicable.</P>

                <P>(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 <PRTPAGE P="254"/>of an item without other substantive consideration will not be considered sufficient justification to approve a waiver request.</P>
                <P>(1) A complete description of the type of item needed to satisfy the requirement.</P>
                <P>(2) The quantity required. (If demand is recurrent, nonrecurrent, or unpredictable, so state.)</P>
                <P>(3) The destination of item to be delivered.</P>
                <P>(4) The name and address of source.</P>
                <P>(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.</P>
                <P>(6) The name and telephone number of the person to be contacted when questions arise concerning the request.</P>
                <P>(7) Other pertinent data, when applicable.</P>
                <P>(c) When the item is a Standard or optional form available from GSA stock, the provisions of § 101-26.302 apply.</P>
                <P>(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.</P>
                <P>(e) Waivers are not required for items or services procured in accordance with the policy set forth in § 101-26.100-1 relating to the acquisition of the lowest cost item from GSA sources, § 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).</P>
                <CITA>[56 FR 12455, Mar. 26, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.100-3</SECTNO>
                <SUBJECT>Warranties.</SUBJECT>
                <P>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 § 101-26.501-6) covered by warranty provisions are found to be defective during the warranty period.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[56 FR 12456, Mar. 26, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.101</SECTNO>
                <SUBJECT>Utilization of long supply and excess personal property.</SUBJECT>
                <P>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.</P>
                <CITA>[34 FR 200, Jan. 7, 1969]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="255"/>
                <SECTNO>§ 101-26.102</SECTNO>
                <SUBJECT>Special buying services.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.102-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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 § 101-26.301(b)(1) through (3) are followed.</P>
                <CITA>[56 FR 12456, Mar. 26, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.102-2</SECTNO>
                <SUBJECT>Utilization by military agencies.</SUBJECT>
                <P>Military activities shall utilize the buying services of GSA when:</P>
                <P>(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</P>
                <P>(b) The items involved are not properly obtainable from GSA stock or Federal Supply Schedules.</P>
                <CITA>[29 FR 15610, Nov. 20, 1964, as amended at 36 FR 17423, Aug. 31, 1971]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.102-3</SECTNO>
                <SUBJECT>Procurement leadtime.</SUBJECT>
                <P>When GSA performs the purchasing services for other agencies or activities as contemplated by this § 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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[32 FR 17939, Dec. 15, 1967, as amended at 40 FR 41093, Sept. 5, 1975; 57 FR 3949, Feb. 3, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.102-4</SECTNO>
                <SUBJECT>Payment to GSA contractors.</SUBJECT>
                <P>Policies and procedures covering payment to GSA contractors for supplies and services furnished by GSA to Government agencies are in subpart 101-2.1.</P>
                <CITA>[47 FR 8779, Mar. 2, 1982]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.103</SECTNO>
                <SUBJECT>Establishing essentiality of requirements.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.103-1</SECTNO>
                <SUBJECT>Policy for personal property.</SUBJECT>
                <P>To obtain maximum benefit from Government funds available for procurement of personal property, each executive agency shall:</P>
                <P>(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 § 101-26.100-2 apply.)</P>

                <P>(b) Procure the minimum quantity and quality of property which is required to support the mission of the <PRTPAGE P="256"/>agency and to satisfy the function for which the property is required.</P>
                <P>(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.</P>
                <CITA>[36 FR 17423, Aug. 31, 1971]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.103-2</SECTNO>
                <SUBJECT>Restriction on personal convenience items.</SUBJECT>
                <P>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.</P>
                <CITA>[36 FR 17423, Aug. 31, 1971]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.104</SECTNO>
                <SUBJECT>End-of-year submission of requisitions for action by GSA.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="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 req-uistion 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.</P>
                <CITA>[33 FR 19013, Dec. 20, 1968, as amended at 40 FR 41093, Sept. 5, 1975; 57 FR 3949, Feb. 3, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.105</SECTNO>
                <SUBJECT>Justification to support negotiated procurement by GSA for other agencies.</SUBJECT>
                <P>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:</P>
                <P>(a) The specific needs to be satisfied in terms of identified tasks or work processes;</P>
                <P>(b) The requirements that generate the specific needs;</P>
                <P>(c) The characteristics of the designated item that enable it to satisfy the specific needs, if a specific source(s) is requested;</P>
                <P>(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;</P>
                <P>(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</P>
                <P>(f) Any required certifications, pursuant to FAR 6.303-2(b) (48 CFR 6.303-2(b)), that supporting data is complete and accurate.</P>
                <CITA>[56 FR 12456, Mar. 26, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.106</SECTNO>
                <SUBJECT>Consolidation of requirements.</SUBJECT>
                <P>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 § 101-26.102.</P>
                <CITA>[51 FR 13498, Apr. 21, 1986]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.107</SECTNO>
                <SUBJECT>Priorities for use of supply sources.</SUBJECT>

                <P>(a) Executive agencies shall satisfy requirements for supplies and services <PRTPAGE P="258"/>from or through the sources and publications listed below in descending order of priority:</P>
                <P>(1) <E T="03">Supplies.</E> (i) Agency inventories;</P>
                <P>(ii) Excess for other agencies (see part 101-43 and 48 CFR subpart 8.1);</P>
                <P>(iii) Federal Prison Industries, Inc. (UNICOR) (see § 101-26.702 and 48 CFR subpart 8.6);</P>
                <P>(iv) Procurement lists of products available from the Committee for Purchase From People Who Are Blind or Severely Disabled (see § 101.26.701 and 48 CFR subpart 8.7);</P>
                <P>(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, § 101-26.102, and subpart 101-28.3), the Defense Logistics Agency (see subpart 101-26.6), the Department of Veterans Affairs (see § 101-26.704), and military inventory control points (see § 101-26.606);</P>
                <P>(vi) Mandatory Federal Supply Schedules (see subpart 101-26.4 and 48 CFR subpart 8.4);</P>
                <P>(vii) Optional use Federal Supply Schedules (see subpart 101-26.4 and 48 CFR subpart 8.4); and</P>
                <P>(viii) Commercial sources (including educational and nonprofit institutions).</P>
                <P>(2) <E T="03">Services.</E> (i) Procurement lists of services available from the Committee for Purchase From People Who Are Blind or Severely Disabled (see § 101-26.701 and 48 CFR subpart 8.7);</P>
                <P>(ii) Mandatory Federal Supply Schedules (see subpart 101-26.4 and 48 CFR subpart 8.4);</P>
                <P>(iii) Optional use Federal Supply Schedules (see subpart 101-26.4 and 48 CFR subpart 8.4); and</P>
                <P>(iv) Federal Prison Industries, Inc. (UNICOR) (see § 101-26.702 and 48 CFR subpart 8.6) or other commercial sources (including educational and nonprofit institutions).</P>

                <P>(b) Sources other than those listed in paragraph (a) of this section may be used as prescribed in § 101-26.301 and in an unusual and compelling urgency as prescribed in § 101-25.101-5 and 48 CFR 6.302-2.
                </P>
                <CITA>[58 FR 41367, Aug. 5, 1993]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.2—Federal Requisitioning System</HD>
              <SECTION>
                <SECTNO>§ 101-26.200</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 19852, May 9, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.201</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 19852, May 9, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.202</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 19853, May 9, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.203</SECTNO>
                <SUBJECT>Activity address codes.</SUBJECT>

                <P>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 <PRTPAGE P="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.</P>
                <CITA>[45 FR 71565, Oct. 29, 1980]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§§ 101-26.204—101-26.205</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.206</SECTNO>
                <SUBJECT>GSA assistance.</SUBJECT>
                <P>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.</P>
                <CITA>[45 FR 71565, Oct. 29, 1980]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.3—Procurement of GSA Stock Items</HD>
              <SECTION>
                <SECTNO>§ 101-26.300</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[35 FR 12721, Aug. 11, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.301</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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:</P>
                <P>(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,</P>
                <P>(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 § 101-26.102-1.)</P>
                <P>(1) When the total value of the line item requirement is less than $100, procurement from other sources is authorized.</P>
                <P>(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.</P>
                <P>(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 § 101-26.100-2.</P>
                <P>(c) Agencies shall not divide requisitions to avoid higher threshold documentation requirements.</P>

                <P>(d) In authorizing procurements in accordance with paragraph (b)(2) of <PRTPAGE P="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.</P>
                <CITA>[56 FR 12457, Mar. 26, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.301-1</SECTNO>
                <SUBJECT>Similar items.</SUBJECT>
                <P>(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.</P>
                <P>(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 § 101-26.100-2.</P>
                <CITA>[36 FR 17424, Aug. 31, 1971, as amended at 38 FR 28566, Oct. 15, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.301-2</SECTNO>
                <SUBJECT>Issue of used, repaired, and rehabilitated items in serviceable condition.</SUBJECT>
                <P>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.</P>
                <CITA>[38 FR 28566, Oct. 15, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.302</SECTNO>
                <SUBJECT>Standard and optional forms.</SUBJECT>
                <P>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.)</P>
                <P>(a) For purposes of economy, existing stocks are depleted prior to issuance of revisions unless the promulgating agency determines previous editions unusable and obsolete.</P>
                <P>(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.</P>
                <P>(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 § 101-41.308 of this chapter for information governing agency control and disposition of unused U.S. Government Bills of Lading (GBL's).</P>
                <P>(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.</P>
                <CITA>[56 FR 12457, Mar. 26, 1991]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.303</SECTNO>
                <SUBJECT>Out-of-stock items.</SUBJECT>

                <P>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 <PRTPAGE P="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 § 101-26.309.</P>
                <CITA>[43 FR 22210, May 24, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.304</SECTNO>
                <SUBJECT>Substitution policy.</SUBJECT>
                <P>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 § 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.</P>
                <CITA>[45 FR 27764, Apr. 24, 1980]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.305</SECTNO>
                <SUBJECT>Submission of orders to GSA.</SUBJECT>
                <P>(a) Orders shall be submitted in accordance with the instructions in the FEDSTRIP Operating Guide (FPMR 101-26.2).</P>
                <P>(b) Orders in other than FEDSTRIP format shall be submitted:</P>
                <P>(1) In original only when for shipment to destinations in the United States, including Hawaii but excluding Alaska.</P>
                <P>(2) In accordance with applicable GSA/agency agreements when for shipment to Alaska or for export to destinations outside the United States.</P>
                <P>(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.</P>
                <CITA>[30 FR 13826, Oct. 30, 1965, as amended at 42 FR 58748, Nov. 11, 1977; 42 FR 61597, Dec. 6, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.306</SECTNO>
                <SUBJECT>Planned requisitioning for GSA stock items.</SUBJECT>
                <P>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 § 101-27.102.)</P>
                <CITA>[43 FR 22211, May 24, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.307</SECTNO>
                <SUBJECT>Processing overages, shortages, and damages.</SUBJECT>
                <P>(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:</P>
                <P>(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</P>
                <P>(2) Carriers within the continental United States, when other than GSA or DOD pays the transportation charges.</P>
                <P>(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.</P>
                <CITA>[41 FR 56320, Dec. 28, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.308</SECTNO>
                <SUBJECT>Obtaining filing cabinets.</SUBJECT>

                <P>Each agency head, after taking actions prescribed in § 101-25.302-2, shall <PRTPAGE P="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.</P>
                <CITA>[43 FR 22211, May 24, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.309</SECTNO>
                <SUBJECT>Cancellation of orders for GSA stock items.</SUBJECT>
                <P>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 §§ 101-26.310 and 101-26.311.</P>
                <CITA>[32 FR 11163, Aug. 1, 1967]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.310</SECTNO>
                <SUBJECT>Ordering errors.</SUBJECT>
                <P>In accordance with the provisions of this § 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.</P>

                <P>(a) The return of material by an agency, to correct ordering errors, may be authorized and later accepted by GSA: <E T="03">Provided,</E>
                </P>
                <P>(1) The value of the material exceeds $25 per line item based on the selling price billed the customer.</P>
                <P>(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.</P>
                <P>(3) Each item is in “like-new” condition and is identified by a stock number in the current edition of the GSA Supply Catalog.</P>
                <P>(4) Each item is identified with a specific purchase order or requisition number.</P>
                <P>(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.</P>
                <P>(6) The merchandise to be returned will not adversely affect the GSA nationwide inventory situation.</P>
                <P>(7) The return transportation costs are not excessive in relation to the cost of the material.</P>
                <P>(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.</P>
                <CITA>[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]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.311</SECTNO>
                <SUBJECT>Frustrated shipments.</SUBJECT>

                <P>(a) At the request of the ordering agency, GSA may authorize diversion or return for credit of any shipment consigned to an overseas destination <PRTPAGE P="263"/>which, while en route, cannot be continued onward for any reason and for which the consignee or requisitioning agency cannot provide diversion instructions:
                </P>
                <FP>
                  <E T="03">Provided,</E> 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.</FP>
                <P>(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.</P>
                <P>(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.</P>
                <P>(1) Shipment of material to another consignee.</P>
                <P>(2) Temporary storage pending further instructions.</P>
                <P>(3) Return to GSA stock.</P>
                <P>(4) Disposal by agency.</P>
                <P>(5) Disposition through other means if deemed to be in the best interest of the Government.</P>
                <P>(d) GSA will provide required documentation to accomplish the desired action and will, if appropriate, initiate necessary adjustments in billing.</P>
                <P>(e) Frustrated shipments involving other than GSA stock items will be treated in a manner similar to that prescribed in this § 101-26.311 on a case by case basis.</P>
                <CITA>[30 FR 11138, Aug. 28, 1965, as amended at 35 FR 12721, Aug. 11, 1970; 42 FR 58748, Nov. 11, 1977]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subpart 101-26.4—Federal Supply Schedules[Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.5—GSA Procurement Programs</HD>
              <SECTION>
                <SECTNO>§ 101-26.500</SECTNO>
                <SUBJECT>Scope and applicability of subpart.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[43 FR 32767, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501</SECTNO>
                <SUBJECT>Purchase of new motor vehicles.</SUBJECT>
                <P>(a) It shall be the policy to procure commercially available motor vehicles, unless other vehicles are specifically required.</P>
                <P>(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.)</P>
                <P>Requisitions submitted to GSA for motor vehicles shall be in conformance with the requirements of subpart 101-38.1.</P>
                <P>(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.</P>

                <P>(2) Items (vehicles) included in Federal standard No. 122 other than those <PRTPAGE P="264"/>listed as standard (basic units) are considered to be equipped with additional systems and equipment for passenger vehicles.</P>
                <P>(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.</P>
                <P>(d) New trucks and buses shall be requisitioned in accordance with the provisions of this § 101-26.501 and the following:</P>
                <P>(1) Light trucks shall be in accordance with Federal standard Nos. 292 and 307; and</P>
                <P>(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.</P>
                <P>(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 § 101-38.104-2.</P>
                <P>(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.</P>
                <P>(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 § 101-26.501-4(b).</P>
                <CITA>[57 FR 47777, Oct. 20, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-1</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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).</P>
                <P>(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).</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="265"/>ordering agency with written authority for local purchase.</P>
                <CITA>[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]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-2</SECTNO>
                <SUBJECT>Standardized buying programs.</SUBJECT>
                <P>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.</P>
                <P>(a) Requirements contracts are in place or anticipated to be in place for the following types of standard motor vehicles:</P>
                <P>(1) Medium and heavy trucks:</P>
                <P>(i) 4x2 and 6x4 cab-chassis, stake, van, dump, and truck-tractor; 19,000 to 60,000 pounds GVWR.</P>
                <P>(ii) 4x4 and 6x4 cab-chassis, stake, dump, and truck-tractor; 26,000 to 52,000 pounds GVWR.</P>
                <P>(iii) 1,200 and 2,000 gallon fuel servicing vehicles; and 2,000 gallon aircraft refueler.</P>
                <P>(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.</P>
                <P>(3) Buses and mini-buses, including school buses:</P>
                <P>(i) 32 to 44 adult passenger; 48 to 66 school age passenger.</P>
                <P>(ii) 12 to 28 adult passenger; 24 to 42 school age passenger.</P>
                <P>(4) Sedans and station wagons (based on standardized, consolidated requirements).</P>
                <P>(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.</P>
                <P>(b) Federal Supply Schedule contracts are available to cover certain special purpose motor vehicles, such as firefighting trucks, waste disposal trucks, and construction equipment.</P>
                <CITA>[57 FR 47777, Oct. 20, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-3</SECTNO>
                <SUBJECT>Consolidated purchase program.</SUBJECT>
                <P>(a) Except as noted in § 101-26.501(a) and where motor vehicle requirements can not be satisfied under the standardized buying programs described in § 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:</P>
                <P>(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).</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(b) Requirements not covered by Federal standards 122, 292, 307, or 794 shall conform with the provisions of § 101-26.501-4.</P>
                <CITA>[57 FR 47777, Oct. 20, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-4</SECTNO>
                <SUBJECT>Submission of orders.</SUBJECT>

                <P>Orders for all motor vehicles shall be submitted on GSA Form 1781, Motor Vehicle Requisition, or DD Form 448, Military Interdepartmental Purchase <PRTPAGE P="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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(e) Separate requisitions shall be submitted for each vehicle type and consignee.</P>
                <CITA>[57 FR 47778, Oct. 20, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-5</SECTNO>
                <SUBJECT>Procurement time schedules.</SUBJECT>
                <P>(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 § 101-26.501-2, or a consolidated purchase program, as described in § 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 § 101-26.501-5(b).</P>
                <P>(b) <E T="03">Emergency requirements.</E> 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.</P>
                <P>(c) <E T="03">Delivery time.</E> Delivery times for motor vehicle requirements will range widely depending on method of purchase.</P>
                <P>(1) <E T="03">Existing contracts.</E> 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.</P>
                <P>(2) <E T="03">Volume consolidated procurements.</E> 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 <PRTPAGE P="267"/>award for delivery of vehicles to destination (dealer or consignee, as applicable).</P>
                <P>(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 §§ 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.</P>
                <CITA>[57 FR 47778, Oct. 20, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-6</SECTNO>
                <SUBJECT>Forms used in connection with delivery of vehicles.</SUBJECT>
                <P>(a) <E T="03">GSA Form 1398, GSA Purchased Vehicle.</E> 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 § 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.</P>
                <P>(b) <E T="03">Standard Form 368, Quality Deficiency Report (Category II).</E> 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.</P>
                <P>(c) <E T="03">Instructions to Consignee Receiving New Motor Vehicles Purchased by General Services Administration.</E> 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.”</P>
                <CITA>[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]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-7</SECTNO>
                <SUBJECT>Sale of vehicles.</SUBJECT>
                <P>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.</P>
                <CITA>[57 FR 47779, Oct. 20, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-8</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.501-9</SECTNO>
                <SUBJECT>Centralized motor vehicle leasing program.</SUBJECT>

                <P>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 § 101-39.205 prior to using <PRTPAGE P="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.</P>
                <CITA>[52 FR 29525, Aug. 10, 1987]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.502</SECTNO>
                <SUBJECT>U.S. Government National Credit Card.</SUBJECT>
                <P>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.</P>
                <CITA>[60 FR 19674, Apr. 20, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.503</SECTNO>
                <SUBJECT>Multiple award schedule purchases made by GSA supply distribution facilities.</SUBJECT>
                <P>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.</P>
                <CITA>[60 FR 19675, Apr. 20, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.504</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.505</SECTNO>
                <SUBJECT>Office and household furniture and furnishings.</SUBJECT>
                <P>Requirements for new office and household furniture and furnishings as described in this § 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 § 101-26.102. Before initiating a procurement action for new items, items on hand should be redistributed, repaired, or rehabilitated, as feasible, pursuant to § 101-26.101</P>
                <CITA>[43 FR 22211, May 24, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.505-1</SECTNO>
                <SUBJECT>Description of office and household furniture.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[33 FR 14959, Oct. 5, 1968]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.505-2</SECTNO>
                <SUBJECT>Description of office and household furnishings.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[33 FR 14959, Oct. 5, 1968]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.505-3</SECTNO>
                <SUBJECT>Requests to procure similar items from sources other than GSA supply sources.</SUBJECT>
                <P>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 § 101-26.100-2.</P>
                <CITA>[41 FR 34632, Aug. 16, 1976]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="269"/>
                <SECTNO>§§ 101-26.505-4—101-26.505-6</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.505-7</SECTNO>
                <SUBJECT>GSA assistance in selection of furniture and furnishings.</SUBJECT>
                <P>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 § 101-26.506.)</P>
                <CITA>[43 FR 22211, May 24, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.506</SECTNO>
                <SUBJECT>Interior planning and design services.</SUBJECT>
                <P>In addition to the assistance provided in the selection of furniture and furnishings as specified in § 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 § 101-17.400.)</P>
                <CITA>[41 FR 42953, Sept. 29, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.506-1</SECTNO>
                <SUBJECT>Types of service.</SUBJECT>
                <P>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.</P>
                <CITA>[41 FR 42953, Sept. 29, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.506-2</SECTNO>
                <SUBJECT>Limitations.</SUBJECT>
                <P>(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 §§ 101-25.302 and 101-25.404.</P>
                <P>(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 §§ 101-26.301 and 101-26.401.</P>
                <CITA>[31 FR 9797, July 20, 1966, as amended at 43 FR 22211, May 24, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.506-3</SECTNO>
                <SUBJECT>Submission of requests.</SUBJECT>
                <P>Requests for interior planning and design services shall be submitted on Standard Form 81, Request for Space (illustrated at § 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:</P>
                <P>(a) Type of space in terms of its use;</P>
                <P>(b) Location;</P>
                <P>(c) Floor plans, if available;</P>
                <P>(d) Occupancy date;</P>
                <P>(e) Amount of funds available for the project; and</P>
                <P>(f) Name, address, title, and telephone number of requesting official.</P>
                <CITA>[41 FR 42953, Sept. 29, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.506-4</SECTNO>
                <SUBJECT>Acceptance and processing of requests.</SUBJECT>
                <P>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:</P>
                <P>(a) Approximate date the work can be started;</P>
                <P>(b) Estimated completion date of planning and design services;</P>
                <P>(c) The amount to be reimbursed GSA for the services; and</P>
                <P>(d) Other pertinent data or recommendations.</P>
                <CITA>[31 FR 9797, July 20, 1966]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.506-5</SECTNO>
                <SUBJECT>Reimbursement for services.</SUBJECT>

                <P>If the GSA proposal is acceptable, a purchase order, requisition, or other funded authorization document shall be issued to the GSA office named in <PRTPAGE P="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.</P>
                <CITA>[31 FR 9797, July 20, 1966]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.507</SECTNO>
                <SUBJECT>Security equipment.</SUBJECT>
                <P>Federal agencies and other activities authorized to purchase security equipment through GSA sources shall do so in accordance with the provisions of this § 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.</P>
                <CITA>[60 FR 19675, Apr. 20, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.507-1</SECTNO>
                <SUBJECT>Submission of requisitions.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 32765, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.507-2</SECTNO>
                <SUBJECT>Procurement time schedule.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 32765, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.507-3</SECTNO>
                <SUBJECT>Purchase of security equipment from Federal Supply Schedules.</SUBJECT>
                <P>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.</P>
                <CITA>[60 FR 19675, Apr. 20, 1995]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.507-4</SECTNO>
                <SUBJECT>Quantities in excess of the maximum order limitation.</SUBJECT>
                <P>Quantities exceeding the maximum order limitation on Federal Supply Schedules will also be consolidated and procured by GSA pursuant to § 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.</P>
                <CITA>[41 FR 34632, Aug. 16, 1976]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="271"/>
                <SECTNO>§ 101-26.508</SECTNO>
                <SUBJECT>Electronic data processing (EDP) tape and instrumentation tape (wide and intermediate band).</SUBJECT>
                <P>Procurement by Federal agencies of EDP tape and instrumentation tape (wide and intermediate band) shall be accomplished in accordance with the provisions of this § 101-26.508.</P>
                <CITA>[38 FR 2176, Jan. 22, 1973]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.508-1</SECTNO>
                <SUBJECT>Requisitioning data processing tape available through Federal Supply Schedule contracts.</SUBJECT>
                <P>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 § 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.</P>
                <CITA>[43 FR 32765, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.508-2</SECTNO>
                <SUBJECT>Requisitioning data processing tape not available from Federal Supply Schedule contracts.</SUBJECT>
                <P>(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.</P>
                <P>(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 § 101-26.100-2.</P>
                <FP>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.</FP>
                <P>(c) When establishing required delivery dates in purchase requests submitted in accordance with this § 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.</P>
                <P>(d) When an agency submitting a purchase request in accordance with this § 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.</P>
                <CITA>[37 FR 20941, Oct. 5, 1972, as amended at 41 FR 34633, Aug. 16, 1976; 43 FR 32765, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="272"/>
                <SECTNO>§ 101-26.508-3</SECTNO>
                <SUBJECT>Consolidation of requisitions.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 32766, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.509</SECTNO>
                <SUBJECT>Tabulating machine cards.</SUBJECT>
                <P>Procurement by Federal agencies of tabulating machine cards shall be made in accordance with the provisions of this § 101-26.509.</P>
                <CITA>[37 FR 24113, Nov. 14, 1972]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.509-1</SECTNO>
                <SUBJECT>Requisitioning tabulating machine cards available from Federal Supply Schedule contracts.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 32766, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.509-2</SECTNO>
                <SUBJECT>Requisitioning tabulating machine cards not available from Federal Supply Schedule contracts.</SUBJECT>
                <P>(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.</P>
                <P>(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 § 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.</P>
                <P>(c) Purchase requests with established delivery dates should allow sufficient leadtime (see § 101-26.102-3) to permit orderly procurement by GSA, including acceptance testing and delivery to destination.</P>
                <P>(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.</P>
                <CITA>[35 FR 13440, Aug. 22, 1970, as amended at 43 FR 22212, May 24, 1978; 43 FR 32766, July 28, 1978]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="273"/>
                <SECTNO>§ 101-26.509-3</SECTNO>
                <SUBJECT>Consolidation of requisitions.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 32766, July 28, 1978]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.6—Procurement Sources Other Than GSA</HD>
              <SECTION>
                <SECTNO>§ 101-26.600</SECTNO>
                <SUBJECT>Scope and applicability of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[42 FR 58748, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.601</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.602</SECTNO>
                <SUBJECT>Fuels and packaged petroleum products obtained from or through the Defense Logistics Agency.</SUBJECT>
                <P>(a) Agencies shall be governed by the provisions of this § 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.</P>
                <P>(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 § 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.</P>
                <CITA>[42 FR 58748, Nov. 11, 1977 as amended at 57 FR 21895, May 26, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.602-1</SECTNO>
                <SUBJECT>Procurement of lubricating oils, greases, and gear lubricants.</SUBJECT>
                <P>(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:</P>
                <GPOTABLE CDEF="s55,9,r40" COLS="3" OPTS="L2">
                  <BOXHD>
                    <CHED H="1"/>
                    <CHED H="1">Purchase program</CHED>
                    <CHED H="1">Due on or before</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">Lubricating oils (nonaircraft)</ENT>
                    <ENT>4.1</ENT>
                    <ENT>November 15.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Aircraft engine oils</ENT>
                    <ENT>4.2</ENT>
                    <ENT>June 15.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Grease and gear oils</ENT>
                    <ENT>4.4</ENT>
                    <ENT>October 15.</ENT>
                  </ROW>
                </GPOTABLE>
                <P>(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 § 101-26.602-1(a). Submission of requirements is not required if:</P>
                <P>(1) The maximum single order is less than the minimum quantity obtainable under the bulletin;</P>
                <P>(2) Container sizes are smaller than those available under the bulletin; or</P>
                <P>(3) Purchase without regard to existing Defense Fuel Supply Center contracts is otherwise authorized.</P>

                <P>(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 <PRTPAGE P="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.</P>
                <P>(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.</P>
                <CITA>[34 FR 19977, Dec. 20, 1969, as amended at 39 FR 33315, Sept. 17, 1974]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.602-2</SECTNO>
                <SUBJECT>Procurement of packaged petroleum products.</SUBJECT>
                <P>(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 § 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.</P>
                <P>(b) Activities may effect local purchase of any DLA-managed, centrally procured item, commercialy available, provided the purchase:</P>
                <P>(1) Is limited to immediate-use requirements generated by emergency conditions (e.g., work stoppage, etc.), or</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[37 FR 668, Jan. 15, 1972, as amended at 42 FR 58748, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.602-3</SECTNO>
                <SUBJECT>Procurement of gasoline, fuel oil (diesel and burner), kerosene, and solvents.</SUBJECT>
                <P>(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 § 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 § 101-26.4904-1518. Copies may be obtained on request from: Commander, Defense Fuel Supply Center, Attention: DFSC—OD, Cameron Station, Alexandria, VA 22314.</P>

                <P>(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 <PRTPAGE P="275"/>have authority or capability to procure locally.</P>
                <GPOTABLE CDEF="s50,10" COLS="2" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Item</CHED>
                    <CHED H="1">Minimum annual requirement (gallons)</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">Gasoline</ENT>
                    <ENT>10,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Burner fuel oil</ENT>
                    <ENT>10,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Diesel oil</ENT>
                    <ENT>10,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Kerosene</ENT>
                    <ENT>10,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Solvents</ENT>
                    <ENT>500</ENT>
                  </ROW>
                </GPOTABLE>
                <P>(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.</P>
                <GPOTABLE CDEF="s60,r80" COLS="2" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Delivery method</CHED>
                    <CHED H="1">Minimum quantity furnished on a single delivery</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">Drums</ENT>
                    <ENT>4 drums (200-220 gallons).</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Tank wagon</ENT>
                    <ENT>50 gallons.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Transport truck</ENT>
                    <ENT>Full truckload (5,200-7,500 gallons).</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Tank car</ENT>
                    <ENT>Full carload (8,000-12,000 gallons).</ENT>
                  </ROW>
                </GPOTABLE>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <GPOTABLE CDEF="s60,r35,r35" COLS="3" OPTS="L2">
                  <TTITLE>Motor Gasoline, Fuel Oils (Diesel and Heating), and Kerosene</TTITLE>
                  <BOXHD>
                    <CHED H="1">State</CHED>
                    <CHED H="1">Delivery period</CHED>
                    <CHED H="1">Requirements due date</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">Alaska—Purchase Program 3.9 <SU>1</SU>
                    </ENT>
                    <ENT>July 1-June 30</ENT>
                    <ENT>January 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Hawaii—Purchase Program 3. <SU>1</SU>
                    </ENT>
                    <ENT>January 1-December 31</ENT>
                    <ENT>July 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 1—Purchase Program 3.21:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Connecticut</ENT>
                    <ENT>September 1-August 31</ENT>
                    <ENT>March 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Maine</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Massachusetts</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">New Hampshire</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Rhode Island</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Vermont</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 2—Purchase Program 3.22:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">New Jersey</ENT>
                    <ENT>October 1-September 30</ENT>
                    <ENT>April 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">New York</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Pennsylvania</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 3—Purchase Program 3.23:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Delaware</ENT>
                    <ENT>August 1-July 31</ENT>
                    <ENT>February 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">District of Columbia</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Indiana</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Kentucky</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Maryland</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Ohio</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Tennessee</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Virginia</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">West Virginia</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 4—Purchase Program 3.24:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Alabama</ENT>
                    <ENT>April 1-March 31</ENT>
                    <ENT>October 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Arkansas</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Florida</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Georgia</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Louisiana</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Mississippi</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Missouri</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">North Carolina</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">South Carolina</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Puerto Rico</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Virgin Islands</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 5—Purchase Program 3.25:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Illinois</ENT>
                    <ENT>May 1-April 30</ENT>
                    <ENT>Nov. 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Iowa</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Michigan</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Minnesota</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Wisconsin</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 6—Purchase Program 3.26:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Colorado......do</ENT>
                    <ENT>June 1-May 31</ENT>
                    <ENT>December 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Kansas</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Nebraska</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">New Mexico</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">North Dakota</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Oklahoma</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">South Dakota</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Texas</ENT>
                    <ENT>June 1-May 31</ENT>
                    <ENT>December 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Wyoming</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 7—Purchase Program 3.27:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Arizona</ENT>
                    <ENT>November 1-October 31</ENT>
                    <ENT>May 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">California</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Nevada</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="276"/>
                    <ENT I="02">Utah</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="11">DFSC Region 8—Purchase Program 3.28:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Idaho</ENT>
                    <ENT>July 1-June 30</ENT>
                    <ENT>January 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Montana</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Oregon</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Washington</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <TNOTE>
                    <SU>1</SU> Includes solvents.</TNOTE>
                  
                  <TNOTE>
                    <E T="04">Note:</E> Program 3.23 does not include requirements for those activities supported by the GSA Region 3 Fuel Yard.</TNOTE>
                </GPOTABLE>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(h) Requirements for petroleum fuels at locations other than as identified in this § 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.</P>
                <CITA>[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]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.602-4</SECTNO>
                <SUBJECT>Procurement of coal.</SUBJECT>
                <P>(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 § 101-26.602-4.</P>
                <P>(b) Estimates of coal requirements shall be prepared on DD Form 416, Requisition for Coal, Coke, or Briquettes (illustrated as § 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:</P>
                <GPOTABLE CDEF="s60,r120,r45,r45" COLS="4" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Purchase program</CHED>
                    <CHED H="1">For activities located in</CHED>
                    <CHED H="1">Requirements due in DFSC by</CHED>
                    <CHED H="1">For delivery beginning</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">5.5</ENT>
                    <ENT>Indiana, Illinois, Iowa, Kansas, Missouri, South Dakota, West Tennessee, West Kentucky, Wisconsin</ENT>
                    <ENT>June 1</ENT>
                    <ENT>December 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.9 (Lignite)</ENT>
                    <ENT>North Dakota</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.3</ENT>
                    <ENT>Alabama, East Kentucky, East Tennessee, Ohio, Georgia, North Carolina, South Carolina, West Virginia</ENT>
                    <ENT>August 15</ENT>
                    <ENT>April 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.8 (Anthracite)</ENT>
                    <ENT>Connecticut, District of Columbia, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Virginia, South Carolina</ENT>
                    <ENT>November 1</ENT>
                    <ENT>May 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.4</ENT>
                    <ENT>Michigan, Minnesota, North Dakota, Wisconsin</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.7</ENT>
                    <ENT>Alaska</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.2</ENT>
                    <ENT>District of Columbia, Maryland, New Jersey, Pennsylvania, Virginia</ENT>
                    <ENT>January 15</ENT>
                    <ENT>August 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.1</ENT>
                    <ENT>Connecticut, Maine, Massachusetts, New Hampshire, New York, Vermont</ENT>
                    <ENT>April 1</ENT>
                    <ENT>October 1.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">5.6</ENT>
                    <ENT>Arizona, California, Colorado, Idaho, Montana, New Mexico, Oregon, Utah, Washington, Wyoming</ENT>
                    <ENT>......do</ENT>
                    <ENT>Do.</ENT>
                  </ROW>
                  <TNOTE>
                    <E T="04">Note:</E> Except for purchase programs 5.8 and 5.9 all programs refer to requirements for bituminous coal.</TNOTE>
                </GPOTABLE>

                <P>(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 <PRTPAGE P="277"/>purchase program number is to be entered in the upper right hand block of DD Form 416.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(d) Copies of DD Form 416 may be obtained from: Commander, Defense Fuel Supply Center, Attention: DFSC:PE, Cameron Station, Alexandria, VA 22314.</P>
                <P>(e) Requirements for coal at locations other than as identified in this § 101-26.602-4 may be obtained by submitting requests directly to the Defense Fuel Supply Center, if centralized procurement is desired.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[34 FR 19978, Dec. 20, 1969, as amended at 42 FR 58749, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.602-5</SECTNO>
                <SUBJECT>Procurement of natural gas from the wellhead and other supply sources.</SUBJECT>
                <P>(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.</P>

                <P>(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.<PRTPAGE P="278"/>
                </P>
                <P>(c) Agency requests for procurements by DLA shall be forwarded to GSA at the time the information specified in § 101-26.602-5(b) becomes available.</P>
                <P>(d) Agencies should anticipate that actions required by DLA to establish a natural gas contract will take 5 to 7 months.</P>
                <CITA>[57 FR 21895, May 26, 1992]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.603</SECTNO>
                <SUBJECT>Electronic items available from the Defense Logistics Agency.</SUBJECT>
                <P>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 § 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 § 101-26.602-2(c).</P>
                <CITA>[42 FR 58749, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.605</SECTNO>
                <SUBJECT>Items other than petroleum products and electronic items available from the Defense Logistics Agency.</SUBJECT>
                <P>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.</P>
                <CITA>[42 FR 58750, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.606</SECTNO>
                <SUBJECT>Supply support available from the inventory control points of the military departments.</SUBJECT>
                <P>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.</P>
                <CITA>[42 FR 58750, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.607</SECTNO>
                <SUBJECT>Billings.</SUBJECT>
                <P>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.</P>
                <CITA>[42 FR 28750, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.607-1</SECTNO>
                <SUBJECT>Payments.</SUBJECT>

                <P>Payments are expected to be made within 15 calendar days of receipt of the Standard Form 1080 from the Defense supply centers. Payment shall <PRTPAGE P="279"/>not be deferred until receipt of shipment or withheld pending resolution of adjustments.</P>
                <CITA>[42 FR 58750, Nov. 11, 1977]</CITA>
                
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.607-2</SECTNO>
                <SUBJECT>Adjustments.</SUBJECT>
                <P>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).</P>
                <CITA>[42 FR 58750, Nov. 11, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.607-3</SECTNO>
                <SUBJECT>Emergency requirements.</SUBJECT>
                <P>In cases of public exigency, items available from the Defense Logistics Agency may be procured from other sources as provided in § 1-3.202.</P>
                <CITA>[42 FR 58750, Nov. 11, 1977]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.7—Procurement Sources Other Than GSA and the Department of Defense</HD>
              <SECTION>
                <SECTNO>§ 101-26.700</SECTNO>
                <SUBJECT>Scope and applicability of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[39 FR 20599, June 12, 1974]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.701</SECTNO>
                <SUBJECT>Purchase of products and services from the blind and other severely handicapped persons.</SUBJECT>
                <P>(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.</P>
                <P>(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 § 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 § 101-26.702(d) for priority accorded to products manufactured by Federal Prison Industries, Inc.)</P>
                <P>(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.</P>
                <CITA>[39 FR 20599, June 12, 1974, as amended at 40 FR 7619, Feb. 21, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.702</SECTNO>
                <SUBJECT>Purchase of products manufactured by the Federal Prison Industries, Inc.</SUBJECT>
                <P>(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.</P>
                <P>(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 § 101-26.301, must be made in accordance with the provisions in the Schedule of Products Made in Federal Penal and Correctional Institutions.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[39 FR 20599, June 12, 1974, as amended at 40 FR 7619, Feb. 21, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.703</SECTNO>
                <SUBJECT>Marginally punched continuous forms.</SUBJECT>

                <P>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 <PRTPAGE P="280"/>shall submit their requirements for such forms in accordance with the provisions of this § 101-26.703.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[39 FR 20600, June 12, 1974]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.704</SECTNO>
                <SUBJECT>Purchase of nonperishable subsistence (NPS) items.</SUBJECT>
                <P>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.</P>
                <CITA>[43 FR 29005, July 5, 1978]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.8—Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or Billings</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>41 FR 56320, Dec. 28, 1976, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-26.800</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.801</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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 § 101-26.801 apply.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.802</SECTNO>
                <SUBJECT>Exclusions.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.803</SECTNO>
                <SUBJECT>Discrepancies or deficiencies in shipments, material, or billings.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.803-1</SECTNO>
                <SUBJECT>Reporting discrepancies or deficiencies.</SUBJECT>

                <P>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.
                </P>
                <EXTRACT>
                  <P>
                    <E T="04">Note:</E> Copies of the GSA Form 457 may be obtained by writing the Centralized Mailing List Service.</P>
                </EXTRACT>
                <CITA>[55 FR 24086, June 14, 1990]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="281"/>
                <SECTNO>§ 101-26.803-2</SECTNO>
                <SUBJECT>Reporting quality deficiencies.</SUBJECT>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <FP>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.</FP>
                <P>(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.</P>
                <P>(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.</P>

                <P>(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 <PRTPAGE P="282"/>368 should also be submitted to the Discrepancy Reports Center at the above address.</P>
                <P>(i) Information submitted to the Discrepancy Reports Center regarding defective items will be maintained as a quality history file for use in future procurements.</P>
                <P>(j) Additional information regarding reporting of quality deficiences may be obtained by referring to chapter 4 of the GSA publication cited in § 101-26.803-1.</P>
                <CITA>[53 FR 26595, July 14, 1988, as amended at 55 FR 24086, June 14, 1990]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.803-3</SECTNO>
                <SUBJECT>Reporting of discrepancies in transportation, shipments, material, or billings.</SUBJECT>
                <P>(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:</P>
                <P>(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 § 101-26.803-1; or</P>
                <P>(2) Carriers within the continental United States, when other than GSA or DOD pays the transportation charges.</P>
                <P>(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 § 101-26.803-1.</P>
                <CITA>[53 FR 26596, July 14, 1988, as amended at 55 FR 24086, June 14, 1990]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.803-4</SECTNO>
                <SUBJECT>Adjustments.</SUBJECT>
                <P>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 § 101-26.803-1.</P>
                <CITA>[55 FR 24086, June 14, 1990]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <RESERVED>Subparts 101-26.9—101-26.48 [Reserved]</RESERVED>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-26.49—Illustrations of Forms</HD>
              <SECTION>
                <SECTNO>§ 101-26.4900</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>This subpart illustrates forms prescribed or available for use in connection with subject matter covered in other subparts of part 101-26.</P>
                <CITA>[29 FR 14729, Oct. 29, 1964]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4901</SECTNO>
                <SUBJECT>Standard forms.</SUBJECT>
                <P>(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.</P>
                <P>(b) The Standard forms illustrated in this § 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.</P>
                <CITA>[32 FR 15754, Nov. 16, 1967, as amended at 41 FR 34633, Aug. 16, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4901-149</SECTNO>
                <SUBJECT>Standard Form 149, U.S. Government National Credit Card.</SUBJECT>
                
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The form illustrated in § 101-26.4901-149 is filed as part of the original document and does not appear in the <E T="04">Federal Register</E> or the Code of Federal Regulations.</P>
                </NOTE>
                <CITA>[37 FR 18536, Sept. 13, 1972]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4902</SECTNO>
                <SUBJECT>GSA forms.</SUBJECT>
                <P>(a) The GSA forms are illustrated in this § 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.</P>
                <P>(b) Agency field offices may obtain the GSA forms illustrated in this § 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.</P>
                <CITA>[31 FR 7235, May 18, 1966, as amended at 41 FR 34633, Aug. 16, 1976]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="283"/>
                <SECTNO>§ 101-26.4902-457</SECTNO>
                <SUBJECT>GSA Form 457, FSS Publications Mailing List Application.</SUBJECT>
                
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The form illustrated in § 101-26.4902-457 is filed as part of the original document and does not appear in the <E T="04">Federal Register</E> or the Code of Federal Regulations.</P>
                </NOTE>
                <CITA>[40 FR 31224, July 25, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4902-1398</SECTNO>
                <SUBJECT>GSA Form 1398: Motor vehicle purchase and inspection label.</SUBJECT>
                
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The form illustrated in § 101-26.4902-1398 is filed as part of the original document and does not appear in the <E T="04">Federal Register</E> or the Code of Federal Regulations.</P>
                </NOTE>
                <CITA>[39 FR 20683, June 13, 1974]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4902-1424</SECTNO>
                <SUBJECT>GSA Form 1424, GSA Supplemental Provisions.</SUBJECT>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The form illustrated in § 101-26.4902-1424 is filed as part of the original document and does not appear in the <E T="04">Federal Register</E> or the Code of Federal Regulations.</P>
                </NOTE>
                <CITA>[44 FR 24060, Apr. 24, 1979]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4902-1781</SECTNO>
                <SUBJECT>GSA Form 1781, Motor Vehicle Requisition—Delivery Order.</SUBJECT>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The form illustrated in § 101-26.4902-1781 is filed as part of the original document and does not appear in the <E T="04">Federal Register</E> or the Code of Federal Regulations.</P>
                </NOTE>
                <CITA>[47 FR 41364, Sept. 20, 1982]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4902-2891</SECTNO>
                <SUBJECT>GSA Form 2891: Instructions to Users of Federal Supply Schedules.</SUBJECT>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The form illustrated in § 101-26.4902-2891 is filed as part of the original document and does not appear in the <E T="04">Federal Register</E> or the Code of Federal Regulations.</P>
                </NOTE>
                <CITA>[43 FR 24533, June 6, 1978]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4904</SECTNO>
                <SUBJECT>Other agency forms.</SUBJECT>
                <P>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.</P>
                <CITA>[34 FR 19979, Dec. 20, 1969]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-26.4904-416</SECTNO>
                <SUBJECT>DD Form 416: Purchase Request for Coal, Coke, or Briquettes.</SUBJECT>
                <NOTE>
                  <HD SOURCE="HED">Note:</HD>

                  <P>The form illustrated in § 101-26.4904-416 is filed as part of the original document and does not appear in the <E T="04">Federal Register</E> or the Code of Federal Regulations.</P>
                </NOTE>
                <CITA>[40 FR 31224, July 25, 1975]</CITA>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <EAR>Pt. 101-27</EAR>
            <HD SOURCE="HED">PART 101-27—INVENTORY MANAGEMENT</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>101-27.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-27.1—Stock Replenishment</HD>
                <SECTNO>101-27.101</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-27.102</SECTNO>
                <SUBJECT>Economic order quantity principle.</SUBJECT>
                <SECTNO>101-27.102-1</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-27.102-2</SECTNO>
                <SUBJECT>Guidelines.</SUBJECT>
                <SECTNO>101-27.102-3</SECTNO>
                <SUBJECT>Limitations on use.</SUBJECT>
                <SECTNO>101-27.103</SECTNO>
                <SUBJECT>Acquisition of excess property.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-27.2—Management of Shelf-Life Materials</HD>
                <SECTNO>101-27.201</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-27.202</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-27.203</SECTNO>
                <SUBJECT>Program objectives.</SUBJECT>
                <SECTNO>101-27.204</SECTNO>
                <SUBJECT>Types of shelf-life items.</SUBJECT>
                <SECTNO>101-27.205</SECTNO>
                <SUBJECT>Shelf-life codes.</SUBJECT>
                <SECTNO>101-27.206</SECTNO>
                <SUBJECT>Procurement of shelf-life materials.</SUBJECT>
                <SECTNO>101-27.206-1</SECTNO>
                <SUBJECT>General considerations.</SUBJECT>
                <SECTNO>101-27.206-2</SECTNO>
                <SUBJECT>Identification and shipping requirements.</SUBJECT>
                <SECTNO>101-27.206-3</SECTNO>
                <SUBJECT>Packaging.</SUBJECT>
                <SECTNO>101-27.207</SECTNO>
                <SUBJECT>Control and inspection.</SUBJECT>
                <SECTNO>101-27.207-1</SECTNO>
                <SUBJECT>Agency controls.</SUBJECT>
                <SECTNO>101-27.207-2</SECTNO>
                <SUBJECT>Inspection.</SUBJECT>
                <SECTNO>101-27.207-3</SECTNO>
                <SUBJECT>Marking material to show extended shelf life.</SUBJECT>
                <SECTNO>101-27.208</SECTNO>
                <SUBJECT>Inventory analyses.</SUBJECT>
                <SECTNO>101-27.209</SECTNO>
                <SUBJECT>Utilization and distribution of shelf-life items.</SUBJECT>
                <SECTNO>101-27.209-1</SECTNO>
                <SUBJECT>GSA stock items.</SUBJECT>
                <SECTNO>101-27.209-2</SECTNO>
                <SUBJECT>Items to be reported as excess.</SUBJECT>
                <SECTNO>101-27.209-3</SECTNO>
                <SUBJECT>Disposition of unneeded property.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-27.3—Maximizing Use of Inventories</HD>
                <SECTNO>101-27.300</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <SECTNO>101-27.301</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-27.302</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-27.303</SECTNO>
                <SUBJECT>Reducing long supply.</SUBJECT>
                <SECTNO>101-27.303-1</SECTNO>
                <SUBJECT>Cancellation or transfer.<PRTPAGE P="284"/>
                </SUBJECT>
                <SECTNO>101-27.303-2</SECTNO>
                <SUBJECT>Redistribution.</SUBJECT>
                <SECTNO>101-27.304</SECTNO>
                <SUBJECT>Criteria for economic retention limits.</SUBJECT>
                <SECTNO>101-27.304-1</SECTNO>
                <SUBJECT>Establishment of economic retention limit.</SUBJECT>
                <SECTNO>101-27.304-2</SECTNO>
                <SUBJECT>Factors affecting the economic retention limit.</SUBJECT>
                <SECTNO>101-27.305</SECTNO>
                <SUBJECT>Disposition of long supply.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-27.4—Elimination of Items From Inventory</HD>
                <SECTNO>101-27.400</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <SECTNO>101-27.401</SECTNO>
                <SUBJECT>[Reserved]</SUBJECT>
                <SECTNO>101-27.402</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <SECTNO>101-27.403</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <SECTNO>101-27.404</SECTNO>
                <SUBJECT>Review of items.</SUBJECT>
                <SECTNO>101-27.405</SECTNO>
                <SUBJECT>Criteria for elimination.</SUBJECT>
                <SECTNO>101-27.406</SECTNO>
                <SUBJECT>Disposition of stock.</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart 101-27.5—Return of GSA Stock Items</HD>
                <SECTNO>101-27.500</SECTNO>
                <SUBJECT>Scope and applicability of subpart.</SUBJECT>
                <SECTNO>101-27.501</SECTNO>
                <SUBJECT>Eligibility for return.</SUBJECT>
                <SECTNO>101-27.502</SECTNO>
                <SUBJECT>Criteria for return.</SUBJECT>
                <SECTNO>101-27.503</SECTNO>
                <SUBJECT>Allowable credit.</SUBJECT>
                <SECTNO>101-27.504</SECTNO>
                <SUBJECT>Notice to GSA.</SUBJECT>
                <SECTNO>101-27.505</SECTNO>
                <SUBJECT>Notice to activity.</SUBJECT>
                <SECTNO>101-27.506</SECTNO>
                <SUBJECT>Determination of acceptability for credit.</SUBJECT>
                <SECTNO>101-27.507</SECTNO>
                <SUBJECT>Transportation and other costs.</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).</P>
            </AUTH>
            <SECTION>
              <SECTNO>§ 101-27.000</SECTNO>
              <SUBJECT>Scope of part.</SUBJECT>
              <P>This part provides policies, principles, and guidelines to be used in the management of Government-owned inventories of personal property.</P>
              <CITA>[29 FR 15997, Dec. 1, 1964]</CITA>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-27.1—Stock Replenishment</HD>
              <SECTION>
                <SECTNO>§ 101-27.101</SECTNO>
                <SUBJECT>General.</SUBJECT>
                <P>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.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[29 FR 15997, Dec. 1, 1964]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.102</SECTNO>
                <SUBJECT>Economic order quantity principle.</SUBJECT>
                <P>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.</P>
                <CITA>[41 FR 3858, Jan. 27, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.102-1</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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.</P>
                <CITA>[29 FR 15997, Dec. 1, 1964]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.102-2</SECTNO>
                <SUBJECT>Guidelines.</SUBJECT>
                <P>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.</P>
                <CITA>[41 FR 3858, Jan. 27, 1976]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="285"/>
                <SECTNO>§ 101-27.102-3</SECTNO>
                <SUBJECT>Limitations on use.</SUBJECT>
                <P>(a) When there are no limiting factors which preclude its application, such as space or budgetary limitations, the basic EOQ techniques shall be used.</P>
                <P>(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:</P>
                <P>(1) The fewest possible replenishments for a given level of inventory investment; or</P>
                <P>(2) The lowest possible level of inventory investment for a given number of replenishments.</P>
                <P>(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.</P>
                <CITA>[29 FR 15997, Dec. 1, 1964, as amended at 31 FR 9541, July 14, 1966; 41 FR 3858, Jan. 27, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.103</SECTNO>
                <SUBJECT>Acquisition of excess property.</SUBJECT>
                <P>Except for inventories eligible for return to GSA for credit pursuant to the provisions of § 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:</P>
                <P>(a) A greater quantity is needed to meet known requirements for an authorized planned program.</P>
                <P>(b) The item is not available without special manufacture and a predictable requirement exists.</P>
                <P>(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.</P>
                <P>(d) The items are being transferred into authorized stock funds for resale to other Government agencies.</P>
                <CITA>[34 FR 200, Jan. 7, 1969, as amended at 41 FR 3858, Jan. 27, 1976]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-27.2—Management of Shelf-Life Materials</HD>
              <SECTION>
                <SECTNO>§ 101-27.201</SECTNO>
                <SUBJECT>Scope of subpart.</SUBJECT>
                <P>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.</P>
                <CITA>[32 FR 6493, Apr. 27, 1967]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.202</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>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.</P>
                <CITA>[32 FR 6493, Apr. 27, 1967]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.203</SECTNO>
                <SUBJECT>Program objectives.</SUBJECT>
                <P>In order to assure maximum use of shelf-life items, each executive agency shall:</P>
                <P>(a) Identify shelf-life items, including any new items to be placed in inventory, which have a limited shelf-life period.</P>
                <P>(b) Establish the shelf-life period of such items and procedures for controlling their procurement, storage, and issue.</P>
                <P>(c) Inspect or test certain shelf-life items prior to deterioration to determine if the shelf-life period can be extended.</P>

                <P>(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 <PRTPAGE P="286"/>sufficient time to permit usage prior to deterioration.</P>
                <P>(e) Make available for Government-wide distribution, through excess property channels, any stocks which cannot be utilized through normal supply channels.</P>
                <CITA>[32 FR 6493, Apr. 27, 1967]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.204</SECTNO>
                <SUBJECT>Types of shelf-life items.</SUBJECT>
                <P>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.</P>
                <CITA>[40 FR 59595, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.205</SECTNO>
                <SUBJECT>Shelf-life codes.</SUBJECT>
                <P>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.</P>
                <P>(a) The code designators for shelf-life periods of up to 60 months are as follows:</P>
                <GPOTABLE CDEF="s60,r20,9" COLS="3" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Shelf-life period (months)</CHED>
                    <CHED H="1">Type I item code</CHED>
                    <CHED H="1">Type II item code</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">1</ENT>
                    <ENT>A</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">2</ENT>
                    <ENT>B</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">3</ENT>
                    <ENT>C</ENT>
                    <ENT>1</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">4</ENT>
                    <ENT>D</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">5</ENT>
                    <ENT>E</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">6</ENT>
                    <ENT>F</ENT>
                    <ENT>2</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">9</ENT>
                    <ENT>G</ENT>
                    <ENT>3</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">12</ENT>
                    <ENT>H</ENT>
                    <ENT>4</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">15</ENT>
                    <ENT>J</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">18</ENT>
                    <ENT>K</ENT>
                    <ENT>5</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">21</ENT>
                    <ENT>L</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">24</ENT>
                    <ENT>M</ENT>
                    <ENT>6</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">27</ENT>
                    <ENT>N</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">30</ENT>
                    <ENT>P</ENT>
                    <ENT/>
                  </ROW>
                  <ROW>
                    <ENT I="01">36</ENT>
                    <ENT>Q</ENT>
                    <ENT>7</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">48</ENT>
                    <ENT>R</ENT>
                    <ENT>8</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">60</ENT>
                    <ENT>S</ENT>
                    <ENT>9</ENT>
                  </ROW>
                </GPOTABLE>
                <P>(b) Code designator 0 is used to identify items not included in a shelf-life program.</P>
                <P>(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.</P>
                <P>(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.</P>
                <CITA>[40 FR 59595, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.206</SECTNO>
                <SUBJECT>Procurement of shelf-life materials.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.206-1</SECTNO>
                <SUBJECT>General considerations.</SUBJECT>
                <P>In determining requirements for shelf-life items, the following elements should be taken into consideration:</P>
                <P>(a) Assigned storage time periods; and</P>
                <P>(b) Appropriate contracting techniques for the particular item involved, including specification requirements, industry practices, and storage and delivery procedures.</P>
                <CITA>[40 FR 59595, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.206-2</SECTNO>
                <SUBJECT>Identification and shipping requirements.</SUBJECT>
                <P>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:</P>
                <GPOTABLE CDEF="s100,r40" COLS="2" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Shelf-life period</CHED>
                    <CHED H="1">Age on delivery</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">25 mos. or more</ENT>
                    <ENT>6 mos.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">19 to 24 mos</ENT>
                    <ENT>4 mos.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">13 to 18 mos</ENT>
                    <ENT>3 mos.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">7 to 12 mos</ENT>
                    <ENT>2 mos.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">6 mos. or less</ENT>
                    <ENT>1 mo. or less.</ENT>
                  </ROW>
                </GPOTABLE>
                <CITA>[40 FR 59595, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="287"/>
                <SECTNO>§ 101-27.206-3</SECTNO>
                <SUBJECT>Packaging.</SUBJECT>
                <P>To the extent feasible and economical, shelf-life material shall be packaged in such a way as to provide for minimum deterioration.</P>
                <CITA>[40 FR 59595, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.207</SECTNO>
                <SUBJECT>Control and inspection.</SUBJECT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.207-1</SECTNO>
                <SUBJECT>Agency controls.</SUBJECT>
                <P>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.</P>
                <CITA>[40 FR 59596, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.207-2</SECTNO>
                <SUBJECT>Inspection.</SUBJECT>
                <P>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.</P>
                <CITA>[40 FR 59596, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.207-3</SECTNO>
                <SUBJECT>Marking material to show extended shelf life.</SUBJECT>
                <P>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.</P>
                <CITA>[42 FR 61861, Dec. 7, 1977]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.208</SECTNO>
                <SUBJECT>Inventory analyses.</SUBJECT>
                <P>(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.</P>
                <P>(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:</P>
                <GPOTABLE CDEF="s50,r90" COLS="2" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Shelf-life period</CHED>
                    <CHED H="1">Date of analysis</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">48 to 60 mos</ENT>
                    <ENT>12 to 16 mo. prior to expiration.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">36 to 48 mos</ENT>
                    <ENT>8 to 12 mo. prior to expiration.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">18 to 36 mos</ENT>
                    <ENT>6 to 8 mo. prior to expiration.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">12 to 18 mos</ENT>
                    <ENT>4 to 6 mo. prior to expiration.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">6 to 12 mos</ENT>
                    <ENT>3 to 4 mo. prior to expiration.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Up to 6 mos</ENT>
                    <ENT>No analysis required, but special emphasis should be placed on good requirements determination and proper order quantity.</ENT>
                  </ROW>
                </GPOTABLE>
                <PRTPAGE P="288"/>
                <P>(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.</P>
                <P>(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 § 101-27.207-2 shall be used to determine whether quantities are sufficient to warrant inspection and for extending the shelf-life period.</P>
                <P>(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.</P>
                <CITA>[40 FR 59596, Dec. 29, 1975]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.209</SECTNO>
                <SUBJECT>Utilization and distribution of shelf-life items.</SUBJECT>
                <P>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.</P>
                <CITA>[35 FR 5010, Mar. 24, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.209-1</SECTNO>
                <SUBJECT>GSA stock items.</SUBJECT>
                <P>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.</P>
                <CITA>[35 FR 12721, Aug. 11, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.209-2</SECTNO>
                <SUBJECT>Items to be reported as excess.</SUBJECT>
                <P>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.</P>
                <CITA>[35 FR 12721, Aug. 11, 1970]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.209-3</SECTNO>
                <SUBJECT>Disposition of unneeded property.</SUBJECT>
                <P>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.</P>
                <CITA>[32 FR 6493, Apr. 27, 1967]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 101-27.3—Maximizing Use of Inventories</HD>
              <SOURCE>
                <HD SOURCE="HED">Source:</HD>
                <P>32 FR 13456, Sept. 26, 1967, unless otherwise noted.</P>
              </SOURCE>
              <SECTION>
                <SECTNO>§ 101-27.300</SECTNO>
                <SUBJECT>Scope.</SUBJECT>
                <P>This subpart prescribes policy and procedures to assure maximum use of inventories based upon recognized economic limitations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.301</SECTNO>
                <RESERVED>[Reserved]</RESERVED>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.302</SECTNO>
                <SUBJECT>Applicability.</SUBJECT>
                <P>The provisions of this subpart are applicable to all civil executive agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.303</SECTNO>
                <SUBJECT>Reducing long supply.</SUBJECT>

                <P>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 <E T="03">long supply</E> 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 <PRTPAGE P="289"/>item is considered marginal and need not be reduced.</P>
                <CITA>[41 FR 3858, Jan. 27, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.303-1</SECTNO>
                <SUBJECT>Cancellation or transfer.</SUBJECT>
                <P>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.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.303-2</SECTNO>
                <SUBJECT>Redistribution.</SUBJECT>
                <P>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 § 101-27.303-1, the inventory manager shall offer the long supply to another agency or other agencies in accordance with this § 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:</P>
                <P>(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</P>
                <P>(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.</P>
                <CITA>[32 FR 13456, Sept. 26, 1967, as amended at 41 FR 3858, Jan. 27, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.304</SECTNO>
                <SUBJECT>Criteria for economic retention limits.</SUBJECT>
                <P>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 § 101-27.303-2, the inventory manager shall establish an economic retention limit for the item in accordance with the provisions of this § 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.</P>
                <CITA>[41 FR 3858, Jan. 27, 1976]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 101-27.304-1</SECTNO>
                <SUBJECT>Establishment of economic retention limit.</SUBJECT>
                <P>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.</P>

                <P>(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 <PRTPAGE P="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:</P>
                <GPOTABLE CDEF="9,3,3,3,3,3" COLS="6" OPTS="L2">
                  <BOXHD>
                    <CHED H="1">Annual carrying costs as a percentage of item reacquisition costs</CHED>
                    <CHED H="1">Economic retention limit in years of supply—net return on disposal as a percentage of item reacquisition costs</CHED>
                    <CHED H="2">0</CHED>
                    <CHED H="2">5</CHED>
                    <CHED H="2">10</CHED>
                    <CHED H="2">15</CHED>
                    <CHED H="2">20</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">10</ENT>
                    <ENT>7<FR>1/4</FR>
                    </ENT>
                    <ENT>6<FR>3/4</FR>
                    </ENT>
                    <ENT>6<FR>1/4</FR>
                    </ENT>
                    <ENT>6</ENT>
                    <ENT>5<FR>1/2</FR>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">15</ENT>
                    <ENT>5<FR>1/2</FR>
                    </ENT>
                    <ENT>5</ENT>
                    <ENT>4<FR>3/4</FR>
                    </ENT>
                    <ENT>4<FR>1/4</FR>
                    </ENT>
                    <ENT>4</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">20</ENT>
                    <ENT>4<FR>1/4</FR>
                    </ENT>
                    <ENT>4</ENT>
                    <ENT>3<FR>3/4</FR>
                    </ENT>
                    <ENT>3<FR>1/2</FR>
                    </ENT>
                    <ENT>3<FR>1/4</FR>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">25</ENT>
                    <ENT>3<FR>1/2</FR>
                    </ENT>
                    <ENT>3<FR>1/4</FR>
                    </ENT>
                    <ENT>3</ENT>
                    <ENT>3</ENT>
                    <ENT>2<FR>3/4</FR>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">30</ENT>
                    <ENT>3</ENT>
                    <ENT>2<FR>3/4</FR>
                    </ENT>
                    <ENT>2<FR>3/4</FR>
                    </ENT>
                    <ENT>2<FR>1/2</FR>
                    </ENT>
                    <ENT>2<FR>1/4</FR>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">35</ENT>
                    <ENT>2<FR>3/4</FR>
                    </ENT>
                    <ENT>2<FR>1/2</FR>
                    </ENT>
                    <ENT>2<FR>1/4</FR>
                    </ENT>
                    <ENT>2<FR>1/4</FR>
                    </ENT>
                    <ENT>2</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">40</ENT>
                    <ENT>2<FR>1/2</FR>
                    </ENT>
                    <ENT>2<FR>1/4</FR>
                    </ENT>
                    <ENT>2</ENT>
                    <ENT>2</ENT>
                    <ENT>1<FR>3/4</FR>
                    </ENT>
                  </ROW>
                  <TNOTE>
                    <E T="04">Note:</E> The entries in the tables were calculated by determining how long an item must be carried in inventory before the tota