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  <AMDDATE>Jan. 18, 2001</AMDDATE>
  <FMTR>
    <TITLEPG>
      <CODE>CODE OF FEDERAL REGULATIONS</CODE>
      <PRTPAGE P="1"/>41<PARTS>Chapters 102 to 200</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 (Continued):</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>Chapter 102—Federal management regulation</SUBJECT>
          <PG>5</PG>
        </CHAPTI>
        <CHAPTI>
          <RESERVED>Chapters 103-104 [Reserved]</RESERVED>
          <SUBJECT>Chapter 105—General Services Administration</SUBJECT>
          <PG>149</PG>
          <SUBJECT>Chapter 109—Department of Energy Property Management Regulations</SUBJECT>
          <PG>329</PG>
          <SUBJECT>Chapter 114—Department of the Interior</SUBJECT>
          <PG>395</PG>
          <SUBJECT>Chapter 115—Environmental Protection Agency</SUBJECT>
          <PG>399</PG>
          <SUBJECT>Chapter 128—Department of Justice</SUBJECT>
          <PG>403</PG>
        </CHAPTI>
        <CHAPTI>
          <RESERVED> Chapters 129-200 [Reserved]</RESERVED>
        </CHAPTI>
        <SUBTI>
          <HD SOURCE="HED">Subtitle D—Other Provisions Relating to Property Management [Reserved]</HD>
        </SUBTI>
        <CHAPTI>
          <RESERVED/>
        </CHAPTI>
      </TITLENO>
      <FAIDS>
        <HD SOURCE="HED">Finding Aids:</HD>
        <SUBJECT>Table of CFR Titles and Chapters</SUBJECT>
        <PG>421</PG>
        <SUBJECT>Alphabetical List of Agencies Appearing in the CFR</SUBJECT>
        <PG>439<PRTPAGE P="iv"/>
        </PG>
        <SUBJECT>Redesignation Table</SUBJECT>
        <PG>449</PG>
        <SUBJECT>List of CFR Sections Affected</SUBJECT>
        <PG>451</PG>
      </FAIDS>
    </TOC>
    <CITE>
      <PRTPAGE P="v"/>
      <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 102-2.5</E> refers to title 41, part 102-2, section .5.</CITEP>
    </CITE>
    <EXPLA>
      <PRTPAGE P="vi"/>
      <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="vii"/>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="viii"/>
        </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>
    <CFRTITLE>
      <LRH>41 CFR Ch. 102 (7-1-01 Edition)</LRH>
      <RRH>Federal Management Regulation</RRH>
      <TITLEHD>
        <PRTPAGE P="1"/>
        <HD SOURCE="HED">Title 41—Public Contracts and Property Management</HD>
        <P>(This book contains chapters 102 to 200) </P>
      </TITLEHD>
      <CFRTOC>
        <PTHD>Part</PTHD>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE C—<E T="04">Federal Property Management Regulations System</E> (Continued):</HD>
        </SUBTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter </E> 102—Federal Management Regulation</SUBJECT>
          <PG>102-2</PG>
          
        </CHAPTI>
        <CHAPTI>
          <RESERVED>
            <E T="04">chapters</E> 103-104 [Reserved]</RESERVED>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 105—General Services Administration</SUBJECT>
          <PG>105-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 109—Department of Energy Property Management Regulations</SUBJECT>
          <PG>109-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 114—Department of the Interior</SUBJECT>
          <PG>114-51</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 115—Environmental Protection Agency</SUBJECT>
          <PG>115-1</PG>
        </CHAPTI>
        <CHAPTI>
          <SUBJECT>
            <E T="04">chapter</E> 128—Department of Justice</SUBJECT>
          <PG>128-1</PG>
          
        </CHAPTI>
        <CHAPTI>
          <RESERVED>
            <E T="04">chapters</E> 129-200 [Reserved]</RESERVED>
        </CHAPTI>
        <SUBTI>
          <HD SOURCE="HED">SUBTITLE D—<E T="04">Other Provisions Relating to Property Management</E> [Reserved]</HD>
        </SUBTI>
      </CFRTOC>
    </CFRTITLE>
    <SUBTITLE>
      <PRTPAGE P="3"/>
      <HD SOURCE="HED">Subtitle C—Federal Property Management Regulations System (Continued)</HD>
      <CHAPTER>
        <LRH>41 CFR Ch. 102 (7-1-01 Edition)</LRH>
        <RRH>Federal Management Regulation</RRH>
        <TOC>
          <TOCHD>
            <PRTPAGE P="5"/>
            <HD SOURCE="HED">CHAPTER 102—FEDERAL MANAGEMENT REGULATION</HD>
          </TOCHD>
          <SUBCHAP>
            <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          </SUBCHAP>
          <PTHD>Part</PTHD>
          <PGHD>Page</PGHD>
          <CHAPTI>
            <PT>102-1</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-2</PT>
            <SUBJECT>Federal management regulation system</SUBJECT>
            <PG>7</PG>
            <PT>102-3</PT>
            <RESERVED>Advisory committee management [Reserved]</RESERVED>
            <PT>102-4</PT>
            <RESERVED>Nondiscrimination in Federal financial assistance programs [Reserved]</RESERVED>
            <PT>102-5</PT>
            <SUBJECT>Home-to-work transportation</SUBJECT>
            <PG>11</PG>
            <PT>102-6—102-30[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER B—PERSONAL PROPERTY</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-31</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-32</PT>
            <RESERVED>Management of personal property [Reserved]</RESERVED>
            <PT>102-33</PT>
            <RESERVED>Management of aircraft [Reserved]</RESERVED>
            <PT>102-34</PT>
            <SUBJECT>Motor vehicle management</SUBJECT>
            <PG>17</PG>
            <PT>102-35</PT>
            <RESERVED>Disposition of personal property [Reserved]</RESERVED>
            <PT>102-36</PT>
            <SUBJECT>Disposition of excess personal property</SUBJECT>
            <PG>32</PG>
            <PT>102-37—102-41[Reserved]</PT>
            <RESERVED/>
            <PT>102-42</PT>
            <SUBJECT>Utilization, donation, and disposal of foreign gifts and decorations</SUBJECT>
            <PG>55</PG>
            <PT>102-43—102-70[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER C—REAL PROPERTY</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-71</PT>
            <SUBJECT>General</SUBJECT>
            <PG>63</PG>
            <PT>102-72</PT>
            <SUBJECT>Delegation of authority</SUBJECT>
            <PG>64</PG>
            <PT>102-73</PT>
            <SUBJECT>Real estate acquisition</SUBJECT>
            <PG>67</PG>
            <PT>102-74</PT>
            <SUBJECT>Facility management</SUBJECT>
            <PG>71</PG>
            <PT>102-75</PT>
            <SUBJECT>Real property disposal</SUBJECT>
            <PG>73</PG>
            <PT>102-76</PT>
            <SUBJECT>Design and construction</SUBJECT>
            <PG>77</PG>
            <PT>102-77</PT>
            <SUBJECT>Art-in-architecture</SUBJECT>
            <PG>78</PG>
            <PT>102-78</PT>
            <SUBJECT>Historic preservation</SUBJECT>
            <PG>79</PG>
            <PT>102-79</PT>
            <SUBJECT>Assignment and utilization of space</SUBJECT>
            <PG>81</PG>
            <PT>102-80</PT>
            <SUBJECT>Safety and environmental management</SUBJECT>
            <PG>84</PG>
            <PT>102-81</PT>
            <SUBJECT>Security</SUBJECT>
            <PG>87</PG>
            <PT>102-82</PT>
            <SUBJECT>Utility services</SUBJECT>
            <PG>88<PRTPAGE P="6"/>
            </PG>
            <PT>102-83</PT>
            <RESERVED>Centralized services in Federal buildings and complexes [Reserved]</RESERVED>
            <PT>102-84</PT>
            <RESERVED>Annual real property inventories [Reserved]</RESERVED>
            <PT>102-85</PT>
            <SUBJECT>Pricing policy for occupancy in GSA space</SUBJECT>
            <PG>88</PG>
            <PT>102-86—102-115[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER D—TRANSPORTATION</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-116</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-117</PT>
            <SUBJECT>Transportation management</SUBJECT>
            <PG>104</PG>
            <PT>102-118</PT>
            <SUBJECT>Transportation payment and audit</SUBJECT>
            <PG>119</PG>
            <PT>102-119—102-140[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER E—TRAVEL MANAGEMENT</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-141</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-142—102-170[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER F—TELECOMMUNICATIONS</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-171</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-172</PT>
            <RESERVED>Telecommunications management policy [Reserved]</RESERVED>
            <PT>102-173—102-190[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER G—ADMINISTRATIVE PROGRAMS</RESERVED>
          </SUBCHAP>
          <CHAPTI>
            <PT>102-191</PT>
            <RESERVED>General [Reserved]</RESERVED>
            <PT>102-192</PT>
            <RESERVED>Mail management [Reserved]</RESERVED>
            <PT>102-193</PT>
            <RESERVED>Records management [Reserved]</RESERVED>
            <PT>102-194</PT>
            <RESERVED>Standard and optional forms program [Reserved]</RESERVED>
            <PT>102-195</PT>
            <RESERVED>Interagency reports management program [Reserved]</RESERVED>
            <PT>102-196</PT>
            <RESERVED>Federal facility ridesharing [Reserved]</RESERVED>
            <PT>102-197—102-220[Reserved]</PT>
            <RESERVED/>
          </CHAPTI>
          <SUBCHAP>
            <RESERVED>SUBCHAPTER H-SUBCHAPTER Z [RESERVED]</RESERVED>
          </SUBCHAP>
        </TOC>
        <SUBCHAP TYPE="N">
          <PRTPAGE P="7"/>
          <HD SOURCE="HED">SUBCHAPTER A—GENERAL</HD>
          <PART>
            <RESERVED>PART 102—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <HD SOURCE="HED">PART 102-2—FEDERAL MANAGEMENT REGULATION SYSTEM</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Regulation System</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">General</HD>
                  <SECHD>Sec.</SECHD>
                  <SECTNO>102-2.5</SECTNO>
                  <SUBJECT>What is the Federal Management Regulation (FMR)?</SUBJECT>
                  <SECTNO>102-2.10</SECTNO>
                  <SUBJECT>What is the FMR's purpose?</SUBJECT>
                  <SECTNO>102-2.15</SECTNO>
                  <SUBJECT>What is the authority for the FMR system?</SUBJECT>
                  <SECTNO>102-2.20</SECTNO>
                  <SUBJECT>Which agencies are subject to the FMR?</SUBJECT>
                  <SECTNO>102-2.25</SECTNO>
                  <SUBJECT>When are other agencies involved in developing the FMR?</SUBJECT>
                  <SECTNO>102-2.30</SECTNO>
                  <SUBJECT>Where and in what formats is the FMR published?</SUBJECT>
                  <SECTNO>102-2.35</SECTNO>
                  <SUBJECT>How is the FMR distributed?</SUBJECT>
                  <SECTNO>102-2.40</SECTNO>
                  <SUBJECT>May an agency issue implementing and supplementing regulations for the FMR?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Numbering</HD>
                  <SECTNO>102-2.45</SECTNO>
                  <SUBJECT>How is the FMR numbered?</SUBJECT>
                  <SECTNO>102-2.50</SECTNO>
                  <SUBJECT>How do I number my agency's implementing regulations?</SUBJECT>
                  <SECTNO>102-2.55</SECTNO>
                  <SUBJECT>How do I number my agency's supplementing regulations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Deviations</HD>
                  <SECTNO>102-2.60</SECTNO>
                  <SUBJECT>What is a deviation from the FMR?</SUBJECT>
                  <SECTNO>102-2.65</SECTNO>
                  <SUBJECT>When may agencies deviate from the FMR?</SUBJECT>
                  <SECTNO>102-2.70</SECTNO>
                  <SUBJECT>What are individual and class deviations?</SUBJECT>
                  <SECTNO>102-2.75</SECTNO>
                  <SUBJECT>What timeframes apply to deviations?</SUBJECT>
                  <SECTNO>102-2.80</SECTNO>
                  <SUBJECT>What steps must an agency take to deviate from the FMR?</SUBJECT>
                  <SECTNO>102-2.85</SECTNO>
                  <SUBJECT>What are the reasons for writing to GSA about FMR deviations?</SUBJECT>
                  <SECTNO>102-2.90</SECTNO>
                  <SUBJECT>Where should my agency send its correspondence on an FMR deviation?</SUBJECT>
                  <SECTNO>102-2.95</SECTNO>
                  <SUBJECT>What information must agencies include in their deviation letters to GSA?</SUBJECT>
                  <SECTNO>102-2.100</SECTNO>
                  <SUBJECT>Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?</SUBJECT>
                  <SECTNO>102-2.105</SECTNO>
                  <SUBJECT>What information must agencies include in their follow-up analysis?</SUBJECT>
                  <SECTNO>102-2.110</SECTNO>
                  <SUBJECT>When must agencies provide their follow-up analysis?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Non-Regulatory Material</HD>
                  <SECTNO>102-2.115</SECTNO>
                  <SUBJECT>What kinds of non-regulatory material does GSA publish outside of the FMR?</SUBJECT>
                  <SECTNO>102-2.120</SECTNO>
                  <SUBJECT>How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?</SUBJECT>
                  <SECTNO>102-2.125</SECTNO>
                  <SUBJECT>What source of information can my agency use to identify materials that describe how to do business with GSA?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Forms</HD>
                <SECTNO>102-2.130</SECTNO>
                <SUBJECT>Where are FMR forms prescribed?</SUBJECT>
                <SECTNO>102-2.135</SECTNO>
                <SUBJECT>How do agencies obtain forms prescribed by the FMR?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Plain Language Regulatory Style</HD>
                <SECTNO>102-2.140</SECTNO>
                <SUBJECT>What elements of plain language appear in the FMR?</SUBJECT>
                <SECTNO>102-2.145</SECTNO>
                <SUBJECT>To what do pronouns refer when used in the FMR?</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>64 FR 39085, July 21, 1999, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Regulation System</HD>
              <SUBJGRP>
                <HD SOURCE="HED">General</HD>
                <SECTION>
                  <SECTNO>§ 102-2.5</SECTNO>
                  <SUBJECT>What is the Federal Management Regulation (FMR)?</SUBJECT>
                  <P>The Federal Management Regulation (FMR) is the successor regulation to the Federal Property Management Regulations (FPMR). It contains updated regulatory policies originally found in the FPMR. However, it does not contain FPMR material that described how to do business with the General Services Administration (GSA). “How to” materials on this and other subjects are available in customer service guides, handbooks, brochures and Internet websites provided by GSA. (See § 102-2.125.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.10</SECTNO>
                  <SUBJECT>What is the FMR's purpose?</SUBJECT>
                  <P>The FMR prescribes policies concerning property management and related administrative activities. GSA issues the FMR to carry out the Administrator of General Services’ functional responsibilities, as established by statutes, Executive orders, Presidential memoranda, Circulars and bulletins issued by the Office of Management and Budget (OMB), and other policy directives.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="8"/>
                  <SECTNO>§ 102-2.15</SECTNO>
                  <SUBJECT>What is the authority for the FMR system?</SUBJECT>
                  <P>The Administrator of General Services prescribes and issues the FMR under the authority of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable Federal laws and authorities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.20</SECTNO>
                  <SUBJECT>Which agencies are subject to the FMR?</SUBJECT>
                  <P>The FMR applies to executive agencies unless otherwise extended to Federal agencies in various parts of this chapter. The difference between the two terms is that Federal agencies include executive agencies plus establishments in the legislative or judicial branch of the Government. See paragraphs (a) and (b) of this section for the definitions of each term.</P>
                  <P>(a) <E T="03">What is an executive agency?</E> An executive agency is any executive department or independent establishment in the executive branch of the Government, including any wholly-owned Government corporation. (See 40 U.S.C. 472(a).)</P>
                  <P>(b) <E T="03">What is a Federal agency?</E> A Federal agency is any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under that person's direction). (See 40 U.S.C. 472(b).)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.25</SECTNO>
                  <SUBJECT>When are other agencies involved in developing the FMR?</SUBJECT>
                  <P>Normally, GSA will ask agencies to collaborate in developing parts of the FMR.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.30</SECTNO>
                  <SUBJECT>Where and in what formats is the FMR published?</SUBJECT>
                  <P>Proposed rules are published in the <E T="04">Federal Register</E>. FMR bulletins are published in looseleaf format. FMR interim and final rules are published in the following formats—</P>
                  <P>(a) <E T="04">Federal Register</E> under the “Rules and Regulations” section.</P>
                  <P>(b) Loose-leaf. (See § 102-2.35.)</P>

                  <P>(c) Code of Federal Regulations (CFR), which is an annual codification of the general and permanent rules published in the <E T="04">Federal Register</E>. The CFR is available on line and in a bound-volume format.</P>
                  <P>(d) Electronically on the Internet.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.35</SECTNO>
                  <SUBJECT>How is the FMR distributed?</SUBJECT>
                  <P>(a) A liaison appointed by each agency provides GSA with their agency's distribution requirements of the looseleaf version of the FMR. Agencies must submit GSA Form 2053, Agency Consolidated Requirements for GSA Regulations and Other External Issuances, to—General Services Administration, Office of Communications (X), 1800 F Street, NW, Washington, DC 20405.</P>
                  <P>(b) Order <E T="04">Federal Register</E> and Code of Federal Regulations copies of FMR material through your agency's authorizing officer.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.40</SECTNO>
                  <SUBJECT>May an agency issue implementing and supplementing regulations for the FMR?</SUBJECT>
                  <P>Yes, an agency may issue implementing regulations (see § 102-2.50) to expand upon related FMR material and supplementing regulations (see § 102-2.55) to address subject material not covered in the FMR. The Office of the Federal Register assigns chapters in Title 41 of the Code of Federal Regulations for agency publication of implementing and supplementing regulations.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Numbering</HD>
                <SECTION>
                  <SECTNO>§ 102-2.45</SECTNO>
                  <SUBJECT>How is the FMR numbered?</SUBJECT>
                  <P>(a) All FMR sections are designated by three numbers. The following example illustrates the chapter (it's always 102), part, and section designations:</P>
                  <GPH DEEP="66" SPAN="2">
                    <PRTPAGE P="9"/>
                    <GID>ER21JY99.001</GID>
                  </GPH>
                  <P>(b) In the looseleaf version, the month, year, and number of FMR amendments appear at the bottom of each page.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.50</SECTNO>
                  <SUBJECT>How do I number my agency's implementing regulations?</SUBJECT>
                  <P>The first three-digit number represents the chapter number assigned to your agency in Title 41 of the CFR. The part and section numbers correspond to FMR material. For example, if your agency is assigned Chapter 130 in Title 41 of the CFR and you are implementing § 102-2.60 of the FMR, your implementing section would be numbered § 130-2.60.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.55</SECTNO>
                  <SUBJECT>How do I number my agency's supplementing regulations?</SUBJECT>
                  <P>Since there is no corresponding FMR material, number the supplementing material “601” or higher. For example, your agency's supplementing regulations governing special services to states might start with § 130-601.5.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Deviations</HD>
                <SECTION>
                  <SECTNO>§ 102-2.60</SECTNO>
                  <SUBJECT>What is a deviation from the FMR?</SUBJECT>
                  <P>A deviation from the FMR is an agency action or policy that is inconsistent with the regulation. (The deviation policy for the FPMR is in 41 CFR part 101-1.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.65</SECTNO>
                  <SUBJECT>When may agencies deviate from the FMR?</SUBJECT>
                  <P>Because, it consists primarily of set policies and mandatory requirements, deviation from the FMR should occur infrequently. However, to address unique circumstances or to test the effectiveness of potential policy changes, agencies may be able to deviate from the FMR after following the steps described in § 102-2.80.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.70</SECTNO>
                  <SUBJECT>What are individual and class deviations?</SUBJECT>
                  <P>An individual deviation is intended to affect only one action. A class deviation is intended to affect more than one action (e.g., multiple actions, the actions of more than one agency, or individual agency actions that are expected to recur).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.75</SECTNO>
                  <SUBJECT>What timeframes apply to deviations?</SUBJECT>
                  <P>Timeframes vary based on the nature of the deviation. However, deviations cannot be open-ended. When consulting with GSA about using an individual or class deviation, you must set a timeframe for the deviation's duration.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.80</SECTNO>
                  <SUBJECT>What steps must an agency take to deviate from the FMR?</SUBJECT>
                  <P>(a) Consult informally with appropriate GSA program personnel to learn more about how your agency can work within the FMR's requirements instead of deviating from them. The consultation process may also highlight reasons why an agency would not be permitted to deviate from the FMR; e.g., statutory constraints.</P>
                  <P>(b) Formally request a deviation, if consultations indicate that your agency needs one. The head of your agency or a designated official should write to GSA's Regulatory Secretariat to the attention of a GSA official in the program office that is likely to consider the deviation. (See the FMR bulletin that lists contacts in GSA's program offices and § 102-2.90.) The written request must fully explain the reasons for the deviation, including the benefits that the agency expects to achieve.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.85</SECTNO>
                  <SUBJECT>What are the reasons for writing to GSA about FMR deviations?</SUBJECT>
                  <P>The reasons for writing are to:<PRTPAGE P="10"/>
                  </P>
                  <P>(a) Explain your agency's rationale for the deviation. Before it can adequately comment on a potential deviation from the FMR, GSA must know why it is needed. GSA will compare your need against the applicable policies and regulations.</P>
                  <P>(b) Obtain clarification from GSA as to whether statutes, Executive orders, or other controlling policies, which may not be evident in the regulation, preclude deviating from the FMR for the reasons stated.</P>
                  <P>(c) Establish a timeframe for using a deviation.</P>
                  <P>(d) Identify potential changes to the FMR.</P>
                  <P>(e) Identify the benefits and other results that the agency expects to achieve.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.90</SECTNO>
                  <SUBJECT>Where should my agency send its correspondence on an FMR deviation?</SUBJECT>
                  <P>Send correspondence to: General Services Administration, Regulatory Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW, Washington, DC 20405.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.95</SECTNO>
                  <SUBJECT>What information must agencies include in their deviation letters to GSA?</SUBJECT>
                  <P>Agencies must include:</P>
                  <P>(a) The title and citation of the FMR provision from which the agency wishes to deviate;</P>
                  <P>(b) The name and telephone number of an agency contact who can discuss the reason for the deviation;</P>
                  <P>(c) The reason for the deviation;</P>
                  <P>(d) A statement about the expected benefits of using the deviation (to the extent possible, expected benefits should be stated in measurable terms);</P>
                  <P>(e) A statement about possible use of the deviation in other agencies or Governmentwide; and</P>
                  <P>(f) The duration of the deviation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.100</SECTNO>
                  <SUBJECT>Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?</SUBJECT>
                  <P>Yes, agencies that deviate from the FMR must also write to the relevant GSA program office at the Regulatory Secretariat's address (see § 102-2.90) to describe their experiences in using a deviation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.105</SECTNO>
                  <SUBJECT>What information must agencies include in their follow-up analysis?</SUBJECT>
                  <P>In your follow-up analysis, provide information that may include, but should not be limited to, specific actions taken or not taken as a result of the deviation, outcomes, impacts, anticipated versus actual results, and the advantages and disadvantages of taking an alternative course of action.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.110</SECTNO>
                  <SUBJECT>When must agencies provide their follow-up letters?</SUBJECT>
                  <P>(a) For an individual deviation, once the action is complete.</P>
                  <P>(b) For a class deviation, at the end of each twelve-month period from the time you first took the deviation and at the end of the deviation period.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Non-Regulatory Material</HD>
                <SECTION>
                  <SECTNO>§ 102-2.115</SECTNO>
                  <SUBJECT>What kinds of non-regulatory material does GSA publish outside of the FMR?</SUBJECT>
                  <P>As GSA converts the FPMR to the FMR, non-regulatory materials in the FPMR, such as guidance, procedures, standards, and information, that describe how to do business with GSA, will become available in separate documents. These documents may include customer service guides, handbooks, brochures, Internet websites, and FMR bulletins. GSA will eliminate non-regulatory material that is no longer needed.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.120</SECTNO>
                  <SUBJECT>How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?</SUBJECT>
                  <P>Periodically, GSA will issue for your reference an FMR bulletin that lists program contacts with whom agencies can discuss regulatory requirements. At a minimum, the list will contain organization names and telephone numbers for each program addressed in the FMR.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-2.125</SECTNO>
                  <SUBJECT>What source of information can my agency use to identify materials that describe how to do business with GSA?</SUBJECT>

                  <P>The FMR establishes policy; it does not specify procedures for the acquisition of GSA services. However, as a service to users during the transition <PRTPAGE P="11"/>from the FPMR to the FMR and as needed thereafter, GSA will issue FMR bulletins to identify where to find information on how to do business with GSA. References include customer service guides, handbooks, brochures, Internet websites, etc.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Forms</HD>
              <SECTION>
                <SECTNO>§ 102-2.130</SECTNO>
                <SUBJECT>Where are FMR forms prescribed?</SUBJECT>
                <P>In any of its parts, the FMR may prescribe forms and the requirements for using them.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-2.135</SECTNO>
                <SUBJECT>How do agencies obtain forms prescribed by the FMR?</SUBJECT>
                <P>For copies of the forms prescribed by in the FMR, do any of the following:</P>
                <P>(a) Write to us at: General Services Administration,  National Forms and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix Street, Fort Worth, TX 76115.</P>
                <P>(b) Send e-mail messages to: NFPC@gsa-7FDepot.</P>
                <P>(c) Visit our web site at: www.gsa.gov/forms/forms.htm.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Plain Language Regulatory Style</HD>
              <SECTION>
                <SECTNO>§ 102-2.140</SECTNO>
                <SUBJECT>What elements of plain language appear in the FMR?</SUBJECT>
                <P>The FMR is written in a “plain language” regulatory style. This style is easy to read and uses a question and answer format directed at the reader, active voice, shorter sentences, and, where appropriate, personal pronouns.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-2.145</SECTNO>
                <SUBJECT>To what do pronouns refer when used in the FMR?</SUBJECT>
                <P>Throughout its text, the FMR may contain pronouns such as, but not limited to, we, you, and I. When pronouns are used, each subchapter of the FMR will indicate whether they refer to the reader, an agency, GSA, or some other entity. In general, pronouns refer to who or what must perform a required action.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PART 102-3—ADVISORY COMMITTEE MANAGEMENT [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-4—NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-5</EAR>
            <HD SOURCE="HED">PART 102-5—HOME-TO-WORK TRANSPORTATION</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-5.5</SECTNO>
                <SUBJECT>Preamble.</SUBJECT>
                <SECTNO>102-5.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SECTNO>102-5.15</SECTNO>
                <SUBJECT>Who is covered by this part?</SUBJECT>
                <SECTNO>102-5.20</SECTNO>
                <SUBJECT>Who is not covered by this part?</SUBJECT>
                <SECTNO>102-5.25</SECTNO>
                <SUBJECT>What additional guidance concerning home-to-work transportation should Federal agencies issue?</SUBJECT>
                <SECTNO>102-5.30</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Authorizing Home-to-Work Transportation</HD>
                <SECTNO>102-5.35</SECTNO>
                <SUBJECT>Who is authorized home-to-work transportation?</SUBJECT>
                <SECTNO>102-5.40</SECTNO>
                <SUBJECT>May the agency head delegate the authority to make home-to-work determinations?</SUBJECT>
                <SECTNO>102-5.45</SECTNO>
                <SUBJECT>Should determinations be completed before an employee is provided with home-to-work transportation?</SUBJECT>
                <SECTNO>102-5.50</SECTNO>
                <SUBJECT>May determinations be made in advance for employees who respond to unusual circumstances when they arise?</SUBJECT>
                <SECTNO>102-5.55</SECTNO>
                <SUBJECT>How do we prepare determinations?</SUBJECT>
                <SECTNO>102-5.60</SECTNO>
                <SUBJECT>How long are initial determinations effective?</SUBJECT>
                <SECTNO>102-5.65</SECTNO>
                <SUBJECT>What procedures apply when the need for home-to-work transportation exceeds the initial period?</SUBJECT>
                <SECTNO>102-5.70</SECTNO>
                <SUBJECT>What considerations apply in making a determination to authorize home-to-work transportation for field work?</SUBJECT>
                <SECTNO>102-5.75</SECTNO>
                <SUBJECT>What circumstances do not establish a basis for authorizing home-to-work transportation for field work?</SUBJECT>
                <SECTNO>102-5.80</SECTNO>
                <SUBJECT>What are some examples of positions that may involve field work?</SUBJECT>
                <SECTNO>102-5.85</SECTNO>
                <SUBJECT>What information should our determination for field work include if positions are identified rather than named individuals?</SUBJECT>
                <SECTNO>102-5.90</SECTNO>
                <SUBJECT>Should an agency consider whether to base a Government passenger carrier at a Government facility near the employee's home or work rather than authorize the employee home-to-work transportation?</SUBJECT>
                <SECTNO>102-5.95</SECTNO>
                <SUBJECT>Is the comfort and/or convenience of an employee considered sufficient justification to authorize home-to-work transportation?</SUBJECT>
                <SECTNO>102-5.100</SECTNO>

                <SUBJECT>May we use home-to-work transportation for other than official purposes?<PRTPAGE P="12"/>
                </SUBJECT>
                <SECTNO>102-5.105</SECTNO>
                <SUBJECT>May others accompany an employee using home-to-work transportation?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Documenting and Reporting Determinations</HD>
                <SECTNO>102-5.110</SECTNO>
                <SUBJECT>Must we report our determinations outside of our agency?</SUBJECT>
                <SECTNO>102-5.115</SECTNO>
                <SUBJECT> When must we report our determinations?</SUBJECT>
                <SECTNO>102-5.120</SECTNO>
                <SUBJECT> What are our responsibilities for documenting use of home-to-work transportation?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); 31U.S.C. 1344(e)(1).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 54966, Sept. 12, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SECTION>
                <SECTNO>§ 102-5.5</SECTNO>
                <SUBJECT>Preamble.</SUBJECT>
                <P>(a) The questions and associated answers in this part are regulatory in effect. Thus compliance with the written text of this part is required by all to whom it applies.</P>
                <P>(b) The terms “we,” “I,” “our,” “you,” and “your,” when used in this part, mean you as a Federal agency, an agency head, or an employee, as appropriate.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>This part covers the use of Government passenger carriers to transport employees between their homes and places of work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.15</SECTNO>
                <SUBJECT>Who is covered by this part?</SUBJECT>
                <P>This part covers Federal agency employees in the executive, judicial, and legislative branches of the Government, with the exception of employees of the Senate, House of Representatives,Architect of the Capitol, and government of the District of Columbia.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.20</SECTNO>
                <SUBJECT>Who is not covered by this part?</SUBJECT>
                <P>This part does not cover:</P>
                <P>(a) Employees who are on official travel (TDY); or</P>
                <P>(b) Employees who are on permanent change of station (PCS) travel; or</P>
                <P>(c) Employees who are essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties when designated in writing as such by their agency head.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.25</SECTNO>
                <SUBJECT>What additional guidance concerning home-to-work transportation should Federal agencies issue?</SUBJECT>
                <P>Each Federal agency using Government passenger carriers to provide home-to-work transportation for employees who are essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties should issue guidance concerning such use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.30</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <P>The following definitions apply to this part:</P>
                <P>
                  <E T="03">Agency head</E> means the highest official of a Federal agency.</P>
                <P>
                  <E T="03">Clear and present danger</E> means highly unusual circumstances that present a threat to the physical safety of the employee or their property when the danger is:</P>
                <P>(1) Real; and</P>
                <P>(2) Immediate or imminent, not merely potential; and</P>
                <P>(3) The use of a Government passenger carrier would provide protection not otherwise available.</P>
                <P>
                  <E T="03">Compelling operational considerations</E> means those circumstances where home-to-work transportation is essential to the conduct of official business or would substantially increase a Federal agency's efficiency and economy.</P>
                <P>
                  <E T="03">Emergency</E> means circumstances that exist whenever there is an immediate, unforeseeable, temporary need to provide home-to-work transportation for those employees necessary to the uninterrupted performance of the agency's mission. (An emergency may occur where there is a major disruption of available means of transportation to or from a work site, an essential Government service must be provided, and there is no other way to transport those employees.)</P>
                <P>
                  <E T="03">Employee</E> means a Federal officer or employee of a Federal agency, including an officer or enlisted member of the ArmedForces.</P>
                <P>
                  <E T="03">Federal agency</E> means:<PRTPAGE P="13"/>
                </P>
                <P>(1) A department (as defined in section 18 of the Act of August 2, 1946 (41 U.S.C. 5a));</P>
                <P>(2) An executive department (as defined in 5 U.S.C. 101);</P>
                <P>(3) A military department (as defined in 5 U.S.C. 102);</P>
                <P>(4) A Government corporation (as defined in 5 U.S.C. 103(1));</P>
                <P>(5) A Government controlled corporation (as defined in 5U.S.C. 103(2));</P>
                <P>(6) A mixed-ownership Government corporation (as defined in 31U.S.C. 9101(2));</P>
                <P>(7) Any establishment in the executive branch of the Government (including the Executive Office of the President);</P>
                <P>(8) Any independent regulatory agency (including an independent regulatory agency specified in 44 U.S.C. 3502(10));</P>
                <P>(9) The Smithsonian Institution;</P>
                <P>(10) Any nonappropriated fund instrumentality of the UnitedStates; and</P>
                <P>(11) The United States Postal Service.</P>
                <P>
                  <E T="03">Field work</E> means official work requiring the employee's presence at various locations other than his/her regular place of work. (Multiple stops (itinerant-type travel) within the accepted local commuting area, limited use beyond the local commuting area, or transportation to remote locations that are only accessible by Government-provided transportation are examples of field work.)</P>
                <P>
                  <E T="03">Home</E> means the primary place where an employee resides and from which the employee commutes to his/her place of work.</P>
                <P>
                  <E T="03">Home-to-work transportation</E> means the use of a Government passenger carrier to transport an employee between his/her home and place of work.</P>
                <P>
                  <E T="03">Passenger carrier</E> means a motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned (including those that have come into the possession of the Government by forfeiture or donation), leased, or rented (non-TDY) by the United States Government.</P>
                <P>
                  <E T="03">Work</E> means any place within the accepted commuting area, as determined by the Federal agency for the locality involved, where an employee performs his/her official duties.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Authorizing Home-to-Work Transportation</HD>
              <SECTION>
                <SECTNO>§ 102-5.35</SECTNO>
                <SUBJECT>Who is authorized home-to-work transportation?</SUBJECT>
                <P>By statute, certain Federal officials are authorized home-to-work transportation, as are employees who meet certain statutory criteria as determined by their agency head. The Federal officials authorized by statute are the President, the Vice-President, and other principal Federal officials and their designees, as provided in 31 U.S.C. 1344(b)(1) through (b)(7).Those employees engaged in field work, or faced with a clear and present danger, an emergency, or a compelling operational consideration may be authorized home-to-work transportation as determined by their agency head. No other employees are authorized home-to-work transportation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.40</SECTNO>
                <SUBJECT>May the agency head delegate the authority to make home-to-work determinations?</SUBJECT>
                <P>No, the agency head may not delegate the authority to make home-to-work determinations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.45</SECTNO>
                <SUBJECT>Should determinations be completed before an employee is provided with home-to-work transportation?</SUBJECT>
                <P>Yes, determinations should be completed before an employee is provided with home-to-work transportation unless it is impracticable to do so.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.50</SECTNO>
                <SUBJECT>May determinations be made in advance for employees who respond to unusual circumstances when they arise?</SUBJECT>
                <P>Yes, determinations may be made in advance when the Federal agency wants to have employees ready to respond to:</P>
                <P>(a) A clear and present danger;</P>
                <P>(b) An emergency; or</P>
                <P>(c) A compelling operational consideration.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.50:</HD>
                  <P>Implementation of these determinations is contingent upon one of the three circumstances occurring. Thus, these may be referred to as “contingency determinations.”</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <PRTPAGE P="14"/>
                <SECTNO>§ 102-5.55</SECTNO>
                <SUBJECT>How do we prepare determinations?</SUBJECT>
                <P>Determinations must be in writing and include the:</P>
                <P>(a) Name and title of the employee (or other identification, if confidential);</P>
                <P>(b) Reason for authorizing home-to-work transportation; and</P>
                <P>(c) Anticipated duration of the authorization.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.60</SECTNO>
                <SUBJECT>How long are initial determinations effective?</SUBJECT>
                <P>Initial determinations are effective for no longer than:</P>
                <P>(a) Two years for field work, updated as necessary; and</P>
                <P>(b) Fifteen days for other circumstances.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.65</SECTNO>
                <SUBJECT>What procedures apply when the need for home-to-work transportation exceeds the initial period?</SUBJECT>
                <P>The agency head may approve unlimited subsequent determinations, when the need for home-to-work transportation exceeds the initial period, for no longer than:</P>
                <P>(a) Two years each for field work, updated as necessary; and</P>
                <P>(b) Ninety calendar days each for other circumstances.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.70</SECTNO>
                <SUBJECT>What considerations apply in making a determination to authorize home-to-work transportation for field work?</SUBJECT>
                <P>Agencies should consider the following when making a determination to authorize home-to-work transportation for field work:</P>
                <P>(a) The location of the employee's home in proximity to his/her work and to the locations where non-TDY travel is required; and</P>
                <P>(b) The use of home-to-work transportation for field work should be authorized only to the extent that such transportation will substantially increase the efficiency and economy of the Government.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.75</SECTNO>
                <SUBJECT>What circumstances do not establish a basis for authorizing home-to-work transportation for field work?</SUBJECT>
                <P>The following circumstances do not establish a basis for authorizing home-to-work transportation for field work:</P>
                <P>(a) When an employee assigned to field work is not actually performing field work.</P>
                <P>(b) When the employee's workday begins at his/her work; or</P>

                <P>(c) When the employee normally commutes to a fixed location, however far removed from his/her official duty station (for example, auditors or investigators assigned to a defense contractor plant).
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.75:</HD>
                  <P>For instances where an employee is authorized home-to-work transportation under the field work provision, but performs field work only on an intermittent basis, the agency shall establish procedures to ensure that a Government passenger carrier is used only when field work is actually being performed. Although some employees' daily work station is not located in a Government office, these employees are not performing field work. Like all Government employees, employees working in a “field office” are responsible for their own commuting costs.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.80</SECTNO>
                <SUBJECT>What are some examples of positions that may involve field work?</SUBJECT>
                <P>Examples of positions that may involve field work include, but are not limited to:</P>
                <P>(a) Quality assurance inspectors;</P>
                <P>(b) Construction inspectors;</P>
                <P>(c) Dairy inspectors;</P>
                <P>(d) Mine inspectors;</P>
                <P>(e) Meat inspectors; and</P>
                <P>(f) Medical officers on outpatient service.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.80:</HD>
                  <P>The assignment of an employee to such a position does not, of itself, entitle an employee to receive daily home-to-work transportation.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.85</SECTNO>
                <SUBJECT>What information should our determination for field work include if positions are identified rather than named individuals?</SUBJECT>

                <P>If positions are identified rather than named individuals, your determination for field work should include sufficient <PRTPAGE P="15"/>information to satisfy an audit, if necessary. This information should include the job title, number, and operational level where the work is to be performed (e.g., five recruiter personnel or, positions at the Detroit Army Recruiting Battalion).
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-5.85:</HD>
                  <P>An agency head may elect to designate positions rather than individual names, especially in positions where rapid turnover occurs.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.90</SECTNO>
                <SUBJECT>Should an agency consider whether to base a Government passenger carrier at a Government facility near the employee's home or work rather than authorize the employee home-to-work transportation?</SUBJECT>
                <P>Yes, situations may arise where, for cost or other reasons, it is in the Government's interest to base a Government passenger carrier at a Government facility located near the employee's home or work rather than authorize the employee home-to-work transportation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.95</SECTNO>
                <SUBJECT>Is the comfort and/or convenience of an employee considered sufficient justification to authorize home-to-work transportation?</SUBJECT>
                <P>No, the comfort and/or convenience of an employee is not considered sufficient justification to authorize home-to-work transportation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.100</SECTNO>
                <SUBJECT>May we use home-to-work transportation for other than official purposes?</SUBJECT>
                <P>No, you may not use home-to-work transportation for other than official purposes. However, if your agency has prescribed rules for the incidental use of Government vehicles (as provided in 31U.S.C. note), you may use the vehicle in accordance with those rules in connection with an existing home-to-work authorization.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.105</SECTNO>
                <SUBJECT>May others accompany an employee using home-to-work transportation?</SUBJECT>
                <P>Yes, an employee authorized home-to-work transportation may share space in a Government passenger carrier with other individuals, provided that the passenger carrier does not travel additional distances as a result and such sharing is consistent with his/her Federal agency's policy. When a Federal agency establishes its space sharing policy, the Federal agency should consider its potential liability for and to those individuals.Home-to-work transportation does not extend to the employee's spouse, other relatives, or friends unless they travel with the employee from the same point of departure to the same destination, and this use is consistent with the Federal agency's policy.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Documenting and Reporting Determinations</HD>
              <SECTION>
                <SECTNO>§ 102-5.110</SECTNO>
                <SUBJECT>Must we report our determinations outside of our agency?</SUBJECT>
                <P>Yes, you must submit your determinations to the followingCongressional Committees:</P>
                <P>(a) Chairman, Committee on Governmental Affairs, United StatesSenate, Suite SD-340, Dirksen Senate Office Building, Washington,DC 20510-6250; and</P>
                <P>(b) Chairman, Committee on Governmental Reform, UnitedStates House of Representatives, Suite 2157, Rayburn House OfficeBuilding, Washington, DC 20515-6143.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.115</SECTNO>
                <SUBJECT>When must we report our determinations?</SUBJECT>
                <P>You must report your determinations to Congress no later than 60 calendar days after approval. You may consolidate any subsequent determinations into a single report and submit them quarterly.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-5.120</SECTNO>
                <SUBJECT>What are our responsibilities for documenting use of home-to-work transportation?</SUBJECT>
                <P>Your responsibilities for documenting use of home-to-work transportation are that you must maintain logs or other records necessary to verify that any home-to-work transportation was for official purposes. Each agency may decide the organizational level at which the logs should be maintained and kept. The logs or other records should be easily accessible for audit and should contain:</P>

                <P>(a) Name and title of employee (or other identification, if confidential) using the passenger carrier;<PRTPAGE P="16"/>
                </P>
                <P>(b) Name and title of person authorizing use;</P>
                <P>(c) Passenger carrier identification;</P>
                <P>(d) Date(s) home-to-work transportation is authorized;</P>
                <P>(e) Location of residence;</P>
                <P>(f) Duration; and</P>
                <P>(g) Circumstances requiring home-to-work transportation.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PARTS 102-6—102-30 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="17"/>
          <HD SOURCE="HED">SUBCHAPTER B—PERSONAL PROPERTY</HD>
          <PART>
            <RESERVED>PART 102-31—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-32—MANAGEMENT OF PERSONAL PROPERTY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PART 102-33—MANAGEMENT OF AIRCRAFT [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt.102-34</EAR>
            <HD SOURCE="HED">PART 102-34—MOTOR VEHICLE MANAGEMENT</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-34.5</SECTNO>
              <SUBJECT>Preamble.</SUBJECT>
              <SECTNO>102-34.10</SECTNO>
              <SUBJECT>What definitions apply to motor vehicle management?</SUBJECT>
              <SECTNO>102-34.15</SECTNO>
              <SUBJECT>What motor vehicles are not covered by this part?</SUBJECT>
              <SECTNO>102-34.20</SECTNO>
              <SUBJECT>What types of motor vehicle fleets are there?</SUBJECT>
              <SECTNO>102-34.25</SECTNO>
              <SUBJECT>What sources of supply are available for obtaining motor vehicles?</SUBJECT>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Obtaining Fuel Efficient Motor Vehicles</HD>
                <SECTNO>102-34.30</SECTNO>
                <SUBJECT>Who must comply with motor vehicle fuel efficiency requirements?</SUBJECT>
                <SECTNO>102-34.35</SECTNO>
                <SUBJECT>What are the procedures for purchasing and leasing motor vehicles?</SUBJECT>
                <SECTNO>102-34.40</SECTNO>
                <SUBJECT>How are passenger automobiles classified?</SUBJECT>
                <SECTNO>102-34.45</SECTNO>
                <SUBJECT>What size motor vehicles may we purchase and lease?</SUBJECT>
                <SECTNO>102-34.50</SECTNO>
                <SUBJECT>What are fleet average fuel economy standards?</SUBJECT>
                <SECTNO>102-34.55</SECTNO>
                <SUBJECT>What are the minimum fleet average fuel economy standards?</SUBJECT>
                <SECTNO>102-34.60</SECTNO>
                <SUBJECT>How do we calculate the average fuel economy for our fleet?</SUBJECT>
                <SECTNO>102-34.65</SECTNO>
                <SUBJECT>How may we request an exemption from the fuel economy standards?</SUBJECT>
                <SECTNO>102-34.70</SECTNO>
                <SUBJECT>How does GSA monitor the fuel economy of purchased and leased motor vehicles?</SUBJECT>
                <SECTNO>102-34.75</SECTNO>
                <SUBJECT>How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?</SUBJECT>
                <SECTNO>102-34.80</SECTNO>
                <SUBJECT>Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?</SUBJECT>
                <SECTNO>102.-34.85</SECTNO>
                <SUBJECT>Do we have to submit a negative report if we don’t purchase or lease any motor vehicles in a fiscal year?</SUBJECT>
                <SECTNO>102-34.90</SECTNO>
                <SUBJECT>Are any motor vehicles exempted from these reporting requirements?</SUBJECT>
                <SECTNO>102-34.95</SECTNO>
                <SUBJECT>Does fleet average fuel economy reporting affect our acquisition plan?</SUBJECT>
                <SECTNO>102-34.100</SECTNO>
                <SUBJECT>Where may we obtain help with our motor vehicle acquisition plan?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Identifying and Registering Motor Vehicles</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Motor Vehicle Identification</HD>
                  <SECTNO>102-34.105</SECTNO>
                  <SUBJECT>What motor vehicles require motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.110</SECTNO>
                  <SUBJECT>What motor vehicle identification must we put on motor vehicles we purchase or lease?</SUBJECT>
                  <SECTNO>102-34.115</SECTNO>
                  <SUBJECT>What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?</SUBJECT>
                  <SECTNO>102-34.120</SECTNO>
                  <SUBJECT> Where is motor vehicle identification placed on purchased and leased motor vehicles?</SUBJECT>
                  <SECTNO>102-34.125</SECTNO>
                  <SUBJECT>Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">License Plates</HD>
                  <SECTNO>102-34.130</SECTNO>
                  <SUBJECT>Must our motor vehicles use Government license plates?</SUBJECT>
                  <SECTNO>102-34.135</SECTNO>
                  <SUBJECT>Do we need to register motor vehicles owned or leased by the Government?</SUBJECT>
                  <SECTNO>102-34.140</SECTNO>
                  <SUBJECT>Where may we obtain U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.145</SECTNO>
                  <SUBJECT>How do we display license plates on motor vehicles?</SUBJECT>
                  <SECTNO>102-34.150</SECTNO>
                  <SUBJECT>What do we do about a lost or stolen license plate?</SUBJECT>
                  <SECTNO>102-34.155</SECTNO>
                  <SUBJECT>What records do we need to keep on U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.160</SECTNO>
                  <SUBJECT>How are U.S. Government license plates coded and numbered?</SUBJECT>
                  <SECTNO>102-34.165</SECTNO>
                  <SUBJECT>How can we get a new license plate code designation?</SUBJECT>
                  <SECTNO>102-34.170</SECTNO>
                  <SUBJECT>Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Identification Exemptions</HD>
                  <SECTNO>102-34.175</SECTNO>
                  <SUBJECT>What types of exemptions are there?</SUBJECT>
                  <SECTNO>102-34.180</SECTNO>
                  <SUBJECT>May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.185</SECTNO>
                  <SUBJECT>What information must the certification contain?</SUBJECT>
                  <SECTNO>102-34.190</SECTNO>
                  <SUBJECT>For how long is a limited exemption valid?</SUBJECT>
                  <SECTNO>102-34.195</SECTNO>

                  <SUBJECT>What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?<PRTPAGE P="18"/>
                  </SUBJECT>
                  <SECTNO>102-34.200</SECTNO>
                  <SUBJECT>What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <SECTNO>102-34.205</SECTNO>
                  <SUBJECT>What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S. Government license plates?</SUBJECT>
                  <SECTNO>102-34.210</SECTNO>
                  <SUBJECT>What special requirements apply to exempted motor vehicles operating in the District of Columbia?</SUBJECT>
                  <SECTNO>102-34.215</SECTNO>
                  <SUBJECT>Can GSA ask for a listing of exempted motor vehicles?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Official Use of Government Motor Vehicles</HD>
                <SECTNO>102-34.220</SECTNO>
                <SUBJECT>What is official use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.225</SECTNO>
                <SUBJECT>May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?</SUBJECT>
                <SECTNO>102-34.230</SECTNO>
                <SUBJECT>May Government contractors use motor vehicles owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.235</SECTNO>
                <SUBJECT>What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.240</SECTNO>
                <SUBJECT>How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.245</SECTNO>
                <SUBJECT>How am I responsible for protecting motor vehicles?</SUBJECT>
                <SECTNO>102-34.250</SECTNO>
                <SUBJECT>Am I bound by State and local traffic laws?</SUBJECT>
                <SECTNO>102-34.255</SECTNO>
                <SUBJECT>Who pays for parking fees and fines?</SUBJECT>
                <SECTNO>102-34.260</SECTNO>
                <SUBJECT>Do Federal employees in motor vehicles owned or leased by the Government have to use safety belts?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Replacement of Motor Vehicles</HD>
                <SECTNO>102-34.265</SECTNO>
                <SUBJECT>What are motor vehicle replacement standards?</SUBJECT>
                <SECTNO>102-34.270</SECTNO>
                <SUBJECT>May we replace a Government-owned motor vehicle sooner?</SUBJECT>
                <SECTNO>102-34.275</SECTNO>
                <SUBJECT>May we keep a Government-owned motor vehicle even though the standard permits replacement?</SUBJECT>
                <SECTNO>102-34.280</SECTNO>
                <SUBJECT>How long must we keep a Government-owned motor vehicle?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Scheduled Maintenance of Motor Vehicles</HD>
                <SECTNO>102-34.285</SECTNO>
                <SUBJECT>What kind of maintenance programs must we have?</SUBJECT>
                <SECTNO>102-34.290</SECTNO>
                <SUBJECT>Must our motor vehicles pass State inspections?</SUBJECT>
                <SECTNO>102-34.295</SECTNO>
                <SUBJECT>Where can we obtain help in setting up a maintenance program?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Motor Vehicle Accident Reporting</HD>
                <SECTNO>102-34.300</SECTNO>
                <SUBJECT>What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?</SUBJECT>
                <SECTNO>102-34.305</SECTNO>
                <SUBJECT>To whom do we send accident reports?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart G—Disposal of Motor Vehicles</HD>
                <SECTNO>102-34.310</SECTNO>
                <SUBJECT>How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?</SUBJECT>
                <SECTNO>102-34.315</SECTNO>
                <SUBJECT>What forms do we use to transfer ownership when selling a motor vehicle?</SUBJECT>
                <SECTNO>102-34.320</SECTNO>
                <SUBJECT>How do we distribute the completed Standard Form 97?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart H—Motor Vehicle Fueling</HD>
                <SECTNO>102-34.325</SECTNO>
                <SUBJECT>How do we obtain fuel for motor vehicles?</SUBJECT>
                <SECTNO>102-34.330</SECTNO>
                <SUBJECT>What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?</SUBJECT>
                <SECTNO>102-34.335</SECTNO>
                <SUBJECT>What type of fuel do I use in motor vehicles?</SUBJECT>
                <SECTNO>102-34.340</SECTNO>
                <SUBJECT>Do I have to use self-service fuel pumps?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart I—Federal Motor Vehicle Fleet Report</HD>
                <SECTNO>102-34.345</SECTNO>
                <SUBJECT>What is the Federal Motor Vehicle Fleet Report?</SUBJECT>
                <SECTNO>102-34.350</SECTNO>
                <SUBJECT>What records do we need to keep?</SUBJECT>
                <SECTNO>102-34.355</SECTNO>
                <SUBJECT>When and how do we report motor vehicle data?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart J—Forms</HD>
                <SECTNO>102-34.360</SECTNO>
                <SUBJECT>How do we obtain the forms prescribed in this part?</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>64 FR 59593, Nov. 2, 1999, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-34.5</SECTNO>
              <SUBJECT>Preamble.</SUBJECT>
              <P>(a) This part governs the economical and efficient management and control of motor vehicles that the Government owns or leases. Agencies will incorporate appropriate provisions of this part into contracts offering Government-furnished equipment in order to ensure adequate control over the use of motor vehicles.</P>

              <P>(b) The questions and associated answers in this part are regulatory in effect. Thus compliance with the written text of this part is required by all executive agencies.<PRTPAGE P="19"/>
              </P>
              <P>(c) The terms “we,” “I,” “our,” “you,” and “your,” when used in this part, mean you as an executive agency, as your agency's fleet manager, or as a motor vehicle user or operator, as appropriate.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.10</SECTNO>
              <SUBJECT>What definitions apply to motor vehicle management?</SUBJECT>
              <P>The following definitions apply to motor vehicle management:</P>
              <P>
                <E T="03">Commercial design motor vehicle</E> means a motor vehicle procurable from regular production lines and designed for use by the general public.</P>
              <P>
                <E T="03">Domestic fleet</E> (see § 102-34.20(a)).</P>
              <P>
                <E T="03">Foreign fleet</E> (see § 102-34.20(b)).</P>
              <P>
                <E T="03">GSA Fleet lease</E> (see § 102-34.25(d)).</P>
              <P>
                <E T="03">Large fleet</E> (see § 102-34.20(d)).</P>
              <P>
                <E T="03">Law enforcement motor vehicle</E> means a passenger automobile or light truck that is specifically approved in an agency's appropriation act for use in apprehension, surveillance, police or other law enforcement work or specifically designed for use in law enforcement. If not identified in an agency's appropriation language, a motor vehicle qualifies as a law enforcement motor vehicle only in the following cases:</P>
              <P>(1) A passenger automobile having heavy duty components for electrical, cooling and suspension systems and at least the next higher cubic inch displacement or more powerful engine than is standard for the automobile concerned.</P>
              <P>(2) A light truck having emergency warning lights and identified with markings such as “police.”</P>
              <P>(3) An unmarked motor vehicle certified by the agency head as essential for the safe and efficient performance of intelligence, counterintelligence, protective, or other law enforcement duties.</P>
              <P>(4) A motor vehicle seized by a Federal agency that is subsequently used for the purpose of performing law enforcement activities.</P>
              <P>
                <E T="03">Light duty motor vehicle</E> means any motor vehicle with a gross motor vehicle weight rating (GVWR) of 8,500 pounds or less.</P>
              <P>
                <E T="03">Light truck</E> means a motor vehicle on a truck chassis with a gross motor vehicle weight rating (GVWR) of 8,500 pounds or less.</P>
              <P>
                <E T="03">Military design motor vehicle</E> means a motor vehicle (excluding general-purpose motor vehicles) designed according to military specifications to support directly combat or tactical operations or training for such operations.</P>
              <P>
                <E T="03">Motor vehicle</E> means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, but does not include a military design motor vehicle or vehicles not covered by this part (see § 102-34.15).</P>
              <P>
                <E T="03">Motor vehicle identification</E> (also referred to as “motor vehicle markings”) means the legends “For Official Use Only” and “U.S. Government” placed on a motor vehicle plus other legends showing the full name of the department, agency, establishment, corporation, or service by which the motor vehicle is used. This identification is usually a decal placed in the rear window or on the side of the motor vehicle.</P>
              <P>
                <E T="03">Motor vehicle lease</E> (see § 102-34.25(b)).</P>
              <P>
                <E T="03">Motor vehicle markings</E> (see “Motor vehicle identification” in this section).</P>
              <P>
                <E T="03">Motor vehicle purchase</E> (see § 102-34.25(a)).</P>
              <P>
                <E T="03">Motor vehicle rental</E> (see § 102-34.25(c)).</P>
              <P>
                <E T="03">Motor vehicles transferred from excess</E> (see § 102-34.25(e)).</P>
              <P>
                <E T="03">Owning agency</E> means the executive agency that holds the vehicle title, manufacturer's Certificate of Origin, or is the lessee of a motor vehicle lease. This term does not apply to agencies that lease motor vehicles from the GSA Fleet.</P>
              <P>
                <E T="03">Passenger automobile</E> means a sedan or station wagon designed primarily to transport people.</P>
              <P>
                <E T="03">Reportable motor vehicles</E> are vehicles which are reported to GSA as outlined in Subpart I of this part:</P>
              <P>(1) Included are sedans, station wagons, buses, ambulances, vans, utility motor vehicles, trucks and truck tractors, regardless of fuel type.</P>
              <P>(2) Excluded are fire trucks, motorcycles, military-design motor vehicles, semi-trailers, trailers and other trailing equipment such as pole trailers, dollies, cable reels, trailer coaches and bogies, and trucks with permanently mounted equipment such as generators and air compressors.</P>
              <P>
                <E T="03">Small fleet</E> (see § 102-34.20(c)).<PRTPAGE P="20"/>
              </P>
              <P>
                <E T="03">Using agency</E> means a Federal agency that obtains motor vehicles from the GSA Fleet, commercial firms or another Federal agency and does not hold the vehicle title or manufacturer's Certificate of Origin. However, this does not include a Federal agency that obtains a motor vehicle by motor vehicle rental.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.15</SECTNO>
              <SUBJECT>What motor vehicles are not covered by this part?</SUBJECT>
              <P>Motor vehicles not covered are:</P>
              <P>(a) Designed or used for military field training, combat, or tactical purposes;</P>
              <P>(b) Used principally within the confines of a regularly established military post, camp, or depot; or</P>
              <P>(c) Used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties, although such vehicles are subject to subpart C and subpart I of this part.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.20</SECTNO>
              <SUBJECT>What types of motor vehicle fleets are there?</SUBJECT>
              <P>The types of motor vehicle fleets are:</P>
              <P>(a) <E T="03">Domestic fleet</E> means all reportable agency-owned motor vehicles operated in any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
              <P>(b) <E T="03">Foreign fleet</E> means all reportable agency-owned motor vehicles operated in areas outside any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
              <P>(c) <E T="03">Small fleet</E> means a fleet of fewer than 2,000 reportable agency-owned motor vehicles, worldwide.</P>
              <P>(d) <E T="03">Large fleet</E> means a fleet of 2,000 or more reportable agency-owned motor vehicles, worldwide.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-34.25</SECTNO>
              <SUBJECT>What sources of supply are available for obtaining motor vehicles?</SUBJECT>
              <P>The following sources of supply are available:</P>
              <P>(a) <E T="03">Motor vehicle purchase</E> means buying a motor vehicle from a commercial source, usually a motor vehicle manufacturer or a motor vehicle manufacturer's dealership.</P>
              <P>(b) <E T="03">Motor vehicle lease</E> means obtaining a motor vehicle by contract or other arrangement from a commercial source for 60 continuous days or more.</P>
              <P>(c) <E T="03">Motor vehicle rental</E> means obtaining a motor vehicle by contract or other arrangement from a commercial source for less than 60 continuous days.</P>
              <P>(d) <E T="03">GSA Fleet lease</E> means obtaining a motor vehicle from the General Services Administration (GSA Fleet). Where “lease” is used alone within this part, it refers to “motor vehicle lease” in paragraph (b) of this section and not GSA Fleet lease.</P>
              <P>(e) <E T="03">Motor vehicles transferred from excess</E> means obtaining a motor vehicle reported as excess and transferred with or without cost.</P>
            </SECTION>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Obtaining Fuel Efficient Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.30</SECTNO>
                <SUBJECT>Who must comply with motor vehicle fuel efficiency requirements?</SUBJECT>
                <P>Executive agencies located in any State, Commonwealth, territory or possession of the United States, and the District of Columbia which operate motor vehicles owned or leased by the Government in the conduct of official business. This subpart does not apply to motor vehicles exempted by law or other regulations, such as law enforcement and motor vehicles in foreign areas. Other Federal agencies are encouraged to comply so that maximum energy conservation benefits may be realized in obtaining, operating, and managing motor vehicles owned or leased by the Government.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.35</SECTNO>
                <SUBJECT>What are the procedures for purchasing and leasing motor vehicles?</SUBJECT>
                <P>Procedures for purchasing and leasing motor vehicles can be found in subpart 101-26.5 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.40</SECTNO>
                <SUBJECT>How are passenger automobiles classified?</SUBJECT>
                <P>Passenger automobiles are classified in the following table:</P>
                <GPOTABLE CDEF="s25,xls25,r50" COLS="3" OPTS="L2,i1">
                  <BOXHD>
                    <CHED H="1">Sedan class</CHED>
                    <CHED H="1">Station wagon class</CHED>
                    <CHED H="1">Descriptive name</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">I</ENT>
                    <ENT>I</ENT>
                    <ENT>Subcompact.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">II</ENT>
                    <ENT>II</ENT>
                    <ENT>Compact.</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="21"/>
                    <ENT I="01">III</ENT>
                    <ENT>III</ENT>
                    <ENT>Midsize</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">IV</ENT>
                    <ENT>IV</ENT>
                    <ENT>Large.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">V</ENT>
                    <ENT/>
                    <ENT>Limousine.</ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.45</SECTNO>
                <SUBJECT>What size motor vehicles may we purchase and lease?</SUBJECT>
                <P>(a) You must select motor vehicles to achieve maximum fuel efficiency.</P>
                <P>(b) Limit motor vehicle body size, engine size and optional equipment to what is essential to meet your agency's mission.</P>
                <P>(c) With the exception of motor vehicles used by the President and Vice President and motor vehicles for security and highly essential needs, you must purchase and lease midsize (class III) or smaller sedans.</P>
                <P>(d) Purchase and lease large (class IV) sedans only when such motor vehicles are essential to your agency's mission.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.50</SECTNO>
                <SUBJECT>What are fleet average fuel economy standards?</SUBJECT>
                <P>(a) The minimum miles per gallon that a fleet of motor vehicles purchased or leased by an executive agency must obtain. The need to meet these standards is set forth in 49 U.S.C. 32917, Standards for Executive Agency Automobiles, and Executive Order 12375, Motor Vehicles. These standards have two categories:</P>
                <P>(1) Average fuel economy standard for all passenger automobiles.</P>
                <P>(2) Average fuel economy standard for light trucks.</P>
                <P>(b) These standards do not apply to passenger automobiles and light trucks designed to perform combat-related missions for the U.S. Armed Forces or motor vehicles designed for use in law enforcement or emergency rescue work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.55</SECTNO>
                <SUBJECT>What are the minimum fleet average fuel economy standards?</SUBJECT>
                <P>The minimum fleet average fuel economy standards appear in the following table:</P>
                <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2,i1">
                  <TTITLE>Fleet Average Fuel Economy Standards <SU>a</SU>
                  </TTITLE>
                  <BOXHD>
                    <CHED H="1">Fiscal year</CHED>
                    <CHED H="1">Passsenger automobile <SU>1</SU>
                    </CHED>
                    <CHED H="1">Light truck <SU>2</SU>
                    </CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">1995</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.6 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1996</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1997</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1998</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">1999</ENT>
                    <ENT>27.5</ENT>
                    <ENT>20.7 <SU>3</SU>
                    </ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">2000 &amp; beyond</ENT>
                    <ENT>27.5</ENT>
                    <ENT>(<SU>4</SU>)</ENT>
                  </ROW>
                  <TNOTE>
                    <SU>a</SU> These figures represent miles/gallon.</TNOTE>
                  <TNOTE>
                    <SU>1</SU> Established by section 49 U.S.C. 32902 and the Secretary of Transportation.</TNOTE>
                  <TNOTE>
                    <SU>2</SU> Fleet average fuel economy standard set by the Secretary of Transportation and mandated by Executive Order 12375 beginning in fiscal year 1982.</TNOTE>
                  <TNOTE>
                    <SU>3</SU> Fleet average fuel economy for light trucks is the combined fleet average fuel economy for all 4 × 2 and 4 × 4 light trucks.</TNOTE>
                  <TNOTE>
                    <SU>4</SU> Requirements not yet set by the Secretary of Transportation.</TNOTE>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.60</SECTNO>
                <SUBJECT>How do we calculate the average fuel economy for our fleet?</SUBJECT>
                <P>(a) Due to the variety of motor vehicle configurations, you must take an average of all motor vehicles, by category (passenger automobiles or light truck) purchased and leased by your agency during the fiscal year. This calculation is the sum of passenger automobiles or light trucks that your executive agency purchases or leases from commercial sources divided by the sum of the fractions representing the number of motor vehicles of each category by model divided by the unadjusted city/highway mile-per-gallon ratings for that model, developed by the Environmental Protection Agency (EPA) for each fiscal year. The EPA mile-per-gallon rating for each motor vehicle make, model, and model year may be obtained from the: General Services Administration, Attn: FFA, Washington, DC 20406.</P>
                <P>(b) An example follows:
                </P>
                <EXTRACT>
                  <P>Light trucks: i. 600 light trucks acquired in a specific year. These are broken down into:</P>
                  <P>A. 200 Six cylinder automatic transmission pick-up trucks, EPA rating: 24.3 mpg, plus</P>
                  <P>B. 150 Six cylinder automatic transmission mini-vans, EPA rating 24.8 mpg, plus</P>
                  <P>C. 150 Eight cylinder automatic transmission pick-up trucks, EPA rating: 20.4 mpg, plus</P>
                  <P>D. 100 Eight cylinder automatic transmission cargo vans, EPA rating: 22.2 mpg.</P>
                  <GPH DEEP="98" SPAN="2">
                    <PRTPAGE P="22"/>
                    <GID>ER02NO99.009</GID>
                  </GPH>
                  <P>ii. Fleet average fuel economy for light trucks in this case is 23.0 mpg.</P>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.65</SECTNO>
                <SUBJECT>How may we request an exemption from the fuel economy standards?</SUBJECT>
                <P>(a) You must submit your reasons for the exemption in a written request to the: Administrator of General Services, ATTN: MTV, Washington, DC 20405.</P>
                <P>(b) GSA will review the request and advise you of the determination within 30 days of receipt. Passenger automobiles and light trucks exempted under the provisions of this section must not be included in calculating your fleet average fuel economy.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.70</SECTNO>
                <SUBJECT>How does GSA monitor the fuel economy of purchased and leased motor vehicles?</SUBJECT>
                <P>(a) Executive agencies report to GSA their leases and purchases of passenger automobiles and light trucks. GSA keeps a master record of the miles per gallon for passenger automobiles and light trucks acquired by each agency during the fiscal year. GSA verifies that each agency's passenger automobile and light truck leases and purchases achieve the fleet average fuel economy for the applicable fiscal year, as required by Executive Order 12375.</P>
                <P>(b) The GSA Federal Vehicle Policy Division (MTV) issues information about the EPA miles-per-gallon ratings to executive agencies at the beginning of each fiscal year to help agencies with their acquisition plans.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.75</SECTNO>
                <SUBJECT>How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?</SUBJECT>

                <P>(a) You must send copies or synopses of motor vehicle leases and purchases to GSA. Use the unadjusted combined city/highway mile-per-gallon ratings for passenger automobiles and light trucks developed each fiscal year by the Environmental Protection Agency (EPA). All submissions for a fiscal year must reach GSA by December 1 of the next fiscal year. Submit the information as soon as possible after the purchase or effective date of each lease to the: General Services Administration, ATTN: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>.</P>
                <P>(b) Include in your submission to GSA motor vehicles purchased or leased by your agency for use in any State, Commonwealth, territory or possession of the United States, and the District of Columbia.</P>
                <P>(c) Your submission to GSA must include:</P>
                <P>(1) Number of passenger automobiles and light trucks, by category.</P>
                <P>(2) Year.</P>
                <P>(3) Make.</P>
                <P>(4) Model.</P>
                <P>(5) Transmission type (if manual, number of forward speeds).</P>
                <P>(6) Cubic inch displacement of engine.</P>
                <P>(7) Fuel type (i.e., gasoline, diesel, or type of alternative fuel).</P>
                <P>(8) Monthly lease cost, if applicable.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-34.75:</HD>

                  <P>Do not include passenger automobile and light truck lease renewal options as new acquisition motor vehicle leases. Do not report passenger automobiles and light trucks exempted from fleet <PRTPAGE P="23"/>average fuel economy standards (see § 102-34.50(b) and § 102-34.65).</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.80</SECTNO>
                <SUBJECT>Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?</SUBJECT>
                <P>No. The GSA Automotive Division provides information for passenger automobiles and light trucks it purchases for agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.85</SECTNO>
                <SUBJECT>Do we have to submit a negative report if we don’t purchase or lease any motor vehicles in a fiscal year?</SUBJECT>
                <P>Yes, you must submit a negative report if you don’t purchase or lease any motor vehicles in a fiscal year.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.90</SECTNO>
                <SUBJECT>Are any motor vehicles exempted from these reporting requirements?</SUBJECT>
                <P>Yes. You do not need to report passenger automobiles and light trucks that are:</P>
                <P>(a) Purchased or leased for use outside any State, Commonwealth, territory or possession of the United States, or the District of Columbia.</P>
                <P>(b) Designed to perform combat-related missions for the U.S. Armed Forces.</P>
                <P>(c) Designed for use in law enforcement or emergency rescue work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.95</SECTNO>
                <SUBJECT>Does fleet average fuel economy reporting affect our acquisition plan?</SUBJECT>
                <P>It may. If previous motor vehicle purchases and leases have caused your fleet to fail to meet the required fuel economy by the end of the fiscal year, GSA may encourage you to adjust future requests to meet fuel economy requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.100</SECTNO>
                <SUBJECT>Where may we obtain help with our motor vehicle acquisition plans?</SUBJECT>
                <P>For help with your motor vehicle acquisition plan, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: vehicle.policy@gsa.gov</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Identifying and Registering Motor Vehicles</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Motor Vehicle Identification</HD>
                <SECTION>
                  <SECTNO>§ 102-34.105</SECTNO>
                  <SUBJECT>What motor vehicles require motor vehicle identification?</SUBJECT>
                  <P>All motor vehicles owned or leased by the Government must display motor vehicle identification unless exempted under § 102-34.180, § 102-34.195, or § 102-34.200.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.110</SECTNO>
                  <SUBJECT>What motor vehicle identification must we put on motor vehicles we purchase or lease?</SUBJECT>
                  <P>(a) For motor vehicles with rear windows, display:</P>
                  <P>(1) “For Official Use Only,” in letters <FR>1/2</FR> to <FR>3/4</FR> inch high.</P>
                  <P>(2) “U.S. Government” in letters <FR>3/4</FR> to 1 inch high; and</P>
                  <P>(3) The full name of the department, agency, establishment, corporation, or service owning or leasing the motor vehicle (in letters 1 to 1<FR>1/2</FR> inch high), or in the alternative, a title that describes the activity in which it is operated (if the title readily identifies the department, agency, establishment, corporation, or service concerned).</P>
                  <P>(b) For other than motor vehicle rear windows, display the motor vehicle identification in paragraphs (a)(1) through (3) of this section, but:</P>
                  <P>(1) Use letters 1 to 1<FR>1/2</FR> inches high in colors contrasting to the motor vehicle.</P>
                  <P>(2) If you use subsidiary words or titles of subordinate units, use letters <FR>1/2</FR> inch to <FR>3/4</FR> inch high.</P>

                  <P>(c) The preferred material is a decal of elastomeric pigmented film type for ease of application and removal.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.110:</HD>
                    <P>Each agency or activity is responsible for acquiring its own decals. Replace this motor vehicle identification when necessary due to damage or wear.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.115</SECTNO>
                  <SUBJECT>What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?</SUBJECT>
                  <P>The following must appear on DOD purchased or leased motor vehicles:</P>
                  <P>(a) “For Official Use Only;”</P>

                  <P>(b) An appropriate title for the DOD component; and<PRTPAGE P="24"/>
                  </P>
                  <P>(c) The DOD code and registration number assigned by the DOD component accountable for the motor vehicle.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.120</SECTNO>
                  <SUBJECT>Where is motor vehicle identification placed on purchased and leased motor vehicles?</SUBJECT>
                  <P>(a) <E T="03">On most motor vehicles.</E> On the left side of the rear window, 1<FR>1/2</FR> inches or less from the bottom of the window.</P>
                  <P>(b) <E T="03">On motor vehicles without rear windows or where identification on the rear window would not be easily seen.</E> Centered on both front doors or in any appropriate position on each side of the motor vehicle.</P>
                  <P>(c) <E T="03">On trailers.</E> Centered on both sides of the front quarter of the trailer in a conspicuous location.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.125</SECTNO>
                  <SUBJECT>Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?</SUBJECT>
                  <P>You must remove all motor vehicle identification before you transfer the title or deliver the motor vehicle.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">License Plates</HD>
                <SECTION>
                  <SECTNO>§ 102-34.130</SECTNO>
                  <SUBJECT>Must our motor vehicles use Government license plates?</SUBJECT>
                  <P>Yes you must use Government license plates, with the exception of motor vehicles exempted under § 102-34.180, § 102-34.195, and § 102-34.200.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.135</SECTNO>
                  <SUBJECT>Do we need to register motor vehicles owned or leased by the Government?</SUBJECT>
                  <P>For a motor vehicle owned or leased by the Government that is regularly based or operated outside the District of Columbia and displaying U.S. Government license plates and motor vehicle identification, you need not register it in a State, Commonwealth, territory or possession of the United States. Motor vehicles exempted under § 102-34.180, § 102-34.195, or § 102-34.200 must be registered and inspected in accordance with the laws of the State, Commonwealth, territory or possession of the United States where the motor vehicle is regularly operated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.140</SECTNO>
                  <SUBJECT>Where may we obtain U.S. Government license plates?</SUBJECT>

                  <P>For detailed instructions and an ordering form to obtain U.S. Government license plates, contact the: Superintendent of Industries, District of Columbia, Department of Corrections, Lorton, VA 22079.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.140:</HD>
                    <P>You may, but are not required to obtain license plates from the District of Columbia, Department of Corrections.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.145</SECTNO>
                  <SUBJECT>How do we display license plates on motor vehicles?</SUBJECT>
                  <P>(a) Display official U.S. Government license plates on the front and rear of all motor vehicles owned or leased by the Government. The exception is two-wheeled motor vehicles, which require rear license plates only.</P>
                  <P>(b) You must display U.S. Government license plates on the motor vehicle to which the license plates were assigned.</P>
                  <P>(c) Display the U.S. Government license plates until the motor vehicle is removed from Government service or is transferred, or until the plates are damaged and require replacement.</P>
                  <P>(d) For motor vehicles owned or leased by DOD, follow DOD regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.150</SECTNO>
                  <SUBJECT>What do we do about a lost or stolen license plate?</SUBJECT>
                  <P>You should report the loss or theft of license plates as follows:</P>
                  <P>(a) <E T="03">U.S. Government license plates.</E> Tell your local security office (or equivalent) and local police.</P>
                  <P>(b) <E T="03">District of Columbia or State license plates.</E> Tell your local security office (or equivalent) and either the District of Columbia, Department of Transportation, or the State agency, as appropriate.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.155</SECTNO>
                  <SUBJECT>What records do we need to keep on U.S. Government license plates?</SUBJECT>
                  <P>You must keep a central record of all U.S. Government license plates for your agency's motor vehicle purchases and motor vehicle leases. The GSA Fleet must keep such a record for GSA Fleet vehicles. The record must identify:</P>
                  <P>(a) The motor vehicle to which each set of plates is assigned.</P>
                  <P>(b) The complete history of any reassigned plates.</P>
                  <P>(c) A list of destroyed or voided license plate numbers.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="25"/>
                  <SECTNO>§ 102-34.160</SECTNO>
                  <SUBJECT>How are U.S. Government license plates coded and numbered?</SUBJECT>

                  <P>U.S. Government license plates, except those issued by the District of Columbia, Department of Transportation, under § 102-34.170, will be numbered serially for each executive agency, beginning with 101, and preceded by a letter code that designates the owning agency for the motor vehicle as follows:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">Agriculture, Department of—A</FP>
                    <FP SOURCE="FP-1">Air Force, Department of the—AF</FP>
                    <FP SOURCE="FP-1">Army, Department of the—W</FP>
                    <FP SOURCE="FP-1">Commerce, Department of—C</FP>
                    <FP SOURCE="FP-1">Consumer Product Safety Commission—CPSC</FP>
                    <FP SOURCE="FP-1">Corps of Engineers, Civil Works—CE</FP>
                    <FP SOURCE="FP-1">Defense, Department of—D</FP>
                    <FP SOURCE="FP-1">Defense Commissary Agency—DECA</FP>
                    <FP SOURCE="FP-1">Defense Contract Audit Agency—DA</FP>
                    <FP SOURCE="FP-1">Defense Logistics Agency—DLA</FP>
                    <FP SOURCE="FP-1">District of Columbia Redevelopment Land Agency—LA</FP>
                    <FP SOURCE="FP-1">Energy, Department of—E</FP>
                    <FP SOURCE="FP-1">Enrichment Corporation, U.S—EC</FP>
                    <FP SOURCE="FP-1">Environmental Protection Agency—EPA</FP>
                    <FP SOURCE="FP-1">Executive Office of the President—EO Council of Economic Advisers, National Security Council, Office of Management and Budget—EO</FP>
                    <FP SOURCE="FP-1">Federal Communications Commission—FC</FP>
                    <FP SOURCE="FP-1">Federal Deposit Insurance Corporation—FD</FP>
                    <FP SOURCE="FP-1">Federal Emergency Management Agency—FE</FP>
                    <FP SOURCE="FP-1">Federal Mediation and Conciliation Service—FM</FP>
                    <FP SOURCE="FP-1">General Services Administration—GS</FP>
                    <FP SOURCE="FP-1">Government Printing Office—GP</FP>
                    <FP SOURCE="FP-1">GSA Fleet—G</FP>
                    <FP SOURCE="FP-1">Health and Human Services, Department of—HHS</FP>
                    <FP SOURCE="FP-1">Interior, Department of the—I</FP>
                    <FP SOURCE="FP-1">Judicial Branch of the Government—JB</FP>
                    <FP SOURCE="FP-1">Justice, Department of—J</FP>
                    <FP SOURCE="FP-1">Labor, Department of—L</FP>
                    <FP SOURCE="FP-1">Legislative Branch—LB</FP>
                    <FP SOURCE="FP-1">Marine Corps—MC</FP>
                    <FP SOURCE="FP-1">National Aeronautics and Space Administration—NA</FP>
                    <FP SOURCE="FP-1">National Capital Planning Commission—NP</FP>
                    <FP SOURCE="FP-1">National Guard Bureau—NG</FP>
                    <FP SOURCE="FP-1">National Labor Relations Board—NL</FP>
                    <FP SOURCE="FP-1">National Science Foundation—NS</FP>
                    <FP SOURCE="FP-1">Navy, Department of the—N</FP>
                    <FP SOURCE="FP-1">Nuclear Regulatory Commission—NRC</FP>
                    <FP SOURCE="FP-1">Office of Personnel Management—OPM</FP>
                    <FP SOURCE="FP-1">Panama Canal Commission—PC</FP>
                    <FP SOURCE="FP-1">Railroad Retirement Board—RR</FP>
                    <FP SOURCE="FP-1">Selective Service System—SS</FP>
                    <FP SOURCE="FP-1">Small Business Administration—SB</FP>
                    <FP SOURCE="FP-1">Smithsonian Institution, National Gallery of Art—SI</FP>
                    <FP SOURCE="FP-1">Soldiers’ and Airmen's Home, U.S—SH</FP>
                    <FP SOURCE="FP-1">State, Department of—S</FP>
                    <FP SOURCE="FP-1">Tennessee Valley Authority—TV</FP>
                    <FP SOURCE="FP-1">Transportation, Department of—DOT</FP>
                    <FP SOURCE="FP-1">Treasury, Department of the—T</FP>
                    <FP SOURCE="FP-1">United States Information Agency—IA</FP>
                    <FP SOURCE="FP-1">United States Postal Service—P</FP>
                    <FP SOURCE="FP-1">Veterans Affairs, Department of—VA</FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.165</SECTNO>
                  <SUBJECT>How can we get a new license plate code designation?</SUBJECT>

                  <P>To get a new license plate code designation, write to the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                  </P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.170</SECTNO>
                  <SUBJECT>Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?</SUBJECT>
                  <P>Yes. DC Code, section 40-102(d)(2), requires the issuance of license plates, without charge, for all motor vehicles owned or leased by the Government at the time the motor vehicle is registered or reregistered.</P>
                  <P>(a) You must register motor vehicles that are regularly based or operated in DC with the DC Department of Transportation. Your application to register must include a manufacturer's Certificate of Origin, bill of sale, or other document attesting Government ownership. Forms for registering motor vehicles are available from the District of Columbia, Department of Transportation.</P>
                  <P>(b) Motor vehicles owned or leased by the Government and licensed in the District of Columbia may have the letter code designation prescribed in § 102-34.160 stenciled in the blank space beside the embossed numbers. If you add a letter code designation, stencil it on the license plate so that the letters resemble the embossed numbers in size and color. License plates issued by the District of Columbia without an agency letter code designation will usually have the letter code designation “US”.</P>
                  <P>(c) Transfer of U.S. Government license plates issued by the District of Columbia between your agency's own motor vehicles requires prior approval from the District of Columbia, Department of Transportation.</P>

                  <P>(d) You must have each registered motor vehicle inspected annually according to section 40-204 of the District of Columbia Code and applicable regulations. The District of Columbia <PRTPAGE P="26"/>issues an inspection verification sticker for each motor vehicle that passes inspection. Inspections and stickers are free.</P>
                  <P>(e) Return damaged or mutilated license plates to the District of Columbia, Department of Transportation, for cancellation. Also return license plates when you transfer a motor vehicle regularly based or operated in the District of Columbia to operation in a field area, another agency, or remove the motor vehicle from Government service.</P>
                  <CITA>[64 FR 59593, Nov. 2, 1999; 64 FR 66967, Nov. 30, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Identification Exemptions</HD>
                <SECTION>
                  <SECTNO>§ 102-34.175</SECTNO>
                  <SUBJECT>What types of exemptions are there?</SUBJECT>
                  <P>(a) Limited exemption.</P>
                  <P>(b) Unlimited exemption.</P>
                  <P>(c) Special exemption.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.180</SECTNO>
                  <SUBJECT>May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?</SUBJECT>

                  <P>Yes. The head of your agency or designee may authorize a limited exemption to the display of U.S. Government license plates and motor vehicle identification upon written certification. (See § 102-34.185.) For motor vehicles leased from the GSA Fleet, send an information copy of this certification to the: General Services Administration, Attn: FFF, Washington, DC 20406.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-34.180:</HD>
                    <P>Not eligible for exemption are motor vehicles regularly used for common administrative purposes and not directly connected to investigative, law enforcement or intelligence duties involving security activities.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.185</SECTNO>
                  <SUBJECT>What information must the certification contain?</SUBJECT>
                  <P>The certification must state either:</P>
                  <P>(a) That the motor vehicle is used primarily for investigative, law enforcement or intelligence duties involving security activities and that identifying the motor vehicle would interfere with those duties; or</P>
                  <P>(b) That identifying the motor vehicle would endanger the security of the vehicle occupants.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.190</SECTNO>
                  <SUBJECT>For how long is a limited exemption valid?</SUBJECT>
                  <P>An exemption granted in accordance with § 102-34.180 and § 102-34.185 may last from one day up to one year. If the requirement for exemption still exists at the end of the year, your agency must re-certify the continued exemption. For a motor vehicle leased from the GSA Fleet, send a copy of the re-certification to the: General Services Administration, ATTN: FFF, Washington, DC 20406.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.195</SECTNO>
                  <SUBJECT>What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <P>The following Federal agencies, or activities within agencies, are granted an unlimited exemption based on ongoing mission requirements and do not need to certify:</P>
                  <P>(a) <E T="03">Administrative Office of the United States Courts.</E> All motor vehicles used by United States probation offices and pretrial services agencies of the judicial branch of the U.S. Government.</P>
                  <P>(b) <E T="03">Department of Agriculture.</E> Motor vehicles used for investigative or law enforcement activities by the Agricultural Marketing Service, Animal and Plant Health Inspection Service, Food Safety and Inspection Service, Forest Service, Grain Inspection, Packers and Stockyard Administration, Packers and Stockyard Program, Food and Consumers Service, and Office of the Inspector General.</P>
                  <P>(c) <E T="03">Department of Commerce.</E> Motor vehicles used for surveillance and other law enforcement activities by the Office of Export Enforcement, International Trade Administration, the National Marine Fisheries Service, and the National Oceanic and Atmospheric Administration.</P>
                  <P>(d) <E T="03">Department of Defense.</E> Motor vehicles used for intelligence, investigative, or security activities by the U.S. Army Intelligence Agency and the Criminal Investigation Command of the Department of the Army; Office of Naval Intelligence of the Department of the Navy; Office of Special Investigations of the Department of the Air Force; the Defense Criminal Investigation Service, Office of the Inspector <PRTPAGE P="27"/>General; and the Defense Logistics Agency.</P>
                  <P>(e) <E T="03">District of Columbia.</E> Motor vehicles used by St. Elizabeth's Hospital in outpatient work where identifying the motor vehicles would be prejudicial to patients.</P>
                  <P>(f) <E T="03">Department of Education.</E> Motor vehicles used for investigative and law enforcement activities by the Office of the Inspector General.</P>
                  <P>(g) <E T="03">Department of Energy.</E> Motor vehicles used for investigative or security activities.</P>
                  <P>(h) <E T="03">Environmental Protection Agency.</E> Motor vehicles used for investigative and law enforcement activities by the Office of Inspector General and the Office of Enforcement and Compliance Assurance.</P>
                  <P>(i) <E T="03">Federal Communications Commission.</E> Motor vehicles used for investigative activities by the Field Operations Bureau.</P>
                  <P>(j) <E T="03">General Services Administration.</E> Motor vehicles used for investigative, surveillance, and security activities by special agents of the Federal Protective Service, and Office of the Inspector General.</P>
                  <P>(k) <E T="03">Department of Health and Human Services.</E> Motor vehicles used for undercover law enforcement and similar investigative work by the Food and Drug Administration; motor vehicles used to transport mentally disturbed children by the National Institutes of Health; and motor vehicles used for law enforcement and investigative purposes by the Office of Investigations and the Office of the Inspector General.</P>
                  <P>(l) <E T="03">Department of Housing and Urban Development.</E> Motor vehicles used for law enforcement or investigative purposes by the Office of the Inspector General.</P>
                  <P>(m) <E T="03">Department of the Interior.</E> Motor vehicles used to enforce game laws by the U.S. Fish and Wildlife Service; motor vehicles assigned to special agents of the Bureau of Land Management who investigate crimes against public lands; motor vehicles assigned to special officers of the Bureau of Indian Affairs; motor vehicles used for investigating crimes against public lands by the National Park Service and assigned to the U.S. Park Police; and motor vehicles assigned to the special agents of the Office of the Inspector General who investigate possible crimes of fraud and abuse by departmental employees, contractors, and grantees.</P>
                  <P>(n) <E T="03">Department of Justice.</E> All motor vehicles used for undercover law enforcement activities or investigative work by the Department.</P>
                  <P>(o) <E T="03">Department of Labor.</E> All motor vehicles used for investigative, law enforcement, and compliance activities by the Employment and Training Administration, Occupational Safety and Health Administration, Employment Standards Administration, and the Mine Safety and Health Administration.</P>
                  <P>(p) <E T="03">National Aeronautics and Space Administration.</E> Motor vehicles used for investigative or law enforcement activities.</P>
                  <P>(q) <E T="03">National Labor Relations Board.</E> Motor vehicles used for investigative activities by field offices.</P>
                  <P>(r) <E T="03">National Security Council.</E> Motor vehicles used by the Central Intelligence Agency.</P>
                  <P>(s) <E T="03">Nuclear Regulatory Commission.</E> Motor vehicles used for the conduct of security operations or in the enforcement of security regulations.</P>
                  <P>(t) <E T="03">Office of Personnel Management.</E> Motor vehicles used for the investigative program of the Office of Personnel Investigations and regional investigation activities.</P>
                  <P>(u) <E T="03">United States Postal Service.</E> Motor vehicles that the Postal Inspection Service uses for investigative and law enforcement activities.</P>
                  <P>(v) <E T="03">Department of State.</E> Motor vehicles used for protecting domestic and foreign dignitaries and investigating passport and visa fraud.</P>
                  <P>(w) <E T="03">Department of Transportation.</E> Motor vehicles used for intelligence, investigative, or security activities by the Office of the Inspector General, the OST Office of Security, the Investigations and Security Division and field counterparts in the U.S. Coast Guard, the Office of Civil Aviation Security and field counterparts in the Federal Aviation Administration, and the Idaho Division Office of Motor Carriers in the Federal Highway Administration.<PRTPAGE P="28"/>
                  </P>
                  <P>(x) <E T="03">Department of Treasury.</E> Motor vehicles used by the U.S. Secret Service; the Criminal Investigation Division and the Internal Security Division of the Internal Revenue Service; motor vehicles used for investigative activities by the Collection Division of the Internal Revenue Service; motor vehicles used by the Office of Enforcement and the Office of Inspection at the Bureau of Alcohol, Tobacco, and Firearms; and motor vehicles used by the Office of Enforcement, Office of Compliance Operations, and the Office of Internal Affairs at the U.S. Customs Service.</P>
                  <P>(y) <E T="03">Department of Veterans Affairs.</E> Motor vehicles used for investigative activities by the Office of the Inspector General and regional Field Examiners and Property Management Inspectors.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.200</SECTNO>
                  <SUBJECT>What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?</SUBJECT>
                  <P>Motor vehicles assigned for the use of the President and the heads of executive departments specified in 5 U.S.C. 101 are exempt from the requirement to display motor vehicle identification. All motor vehicles, other than those assigned for the personal use of the President, will display official U.S. Government license plates.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.205</SECTNO>
                  <SUBJECT>What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S. Government license plates?</SUBJECT>
                  <P>Display the regular license plates of the State, Commonwealth, territory or possession of the United States, or the District of Columbia, where the motor vehicle is principally operated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.210</SECTNO>
                  <SUBJECT>What special requirements apply to exempted motor vehicles operating in the District of Columbia?</SUBJECT>
                  <P>If your agency wants to use regular District of Columbia license plates for motor vehicles exempt from displaying U.S. government license plates and motor vehicle identification, your agency head must designate an official to authorize them. Provide the name and facsimile signature of that official to the District of Columbia, Department of Transportation, annually.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-34.215</SECTNO>
                  <SUBJECT>Can GSA ask for a listing of exempted motor vehicles?</SUBJECT>

                  <P>Yes. If asked, the head of each executive agency must submit a report concerning motor vehicles exempted under this subpart. This report, which has been assigned interagency report control number 1537-GSA-AR, should be submitted to the: General Services Administration, ATTN: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                  </P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Official Use of Government Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.220</SECTNO>
                <SUBJECT>What is official use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>Official use of a motor vehicle is using a motor vehicle to perform your agency's mission(s), as authorized by your agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.225</SECTNO>
                <SUBJECT>May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?</SUBJECT>
                <P>No, you may not use a Government motor vehicle for transportation between your residence and place of employment unless your agency authorizes such use after making the necessary determination under 31 U.S.C. 1344 and subpart 101-6.4 of this title. Your agency must keep a copy of the written authorization within the agency and monitor the use of these motor vehicles.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.230</SECTNO>
                <SUBJECT>May Government contractors use motor vehicles owned or leased by the Government?</SUBJECT>
                <P>Yes, Government contractors may use Government motor vehicles when authorized under applicable procedures and the following conditions:</P>
                <P>(a) Motor vehicles are used for official purposes only and solely in the performance of the contract.</P>
                <P>(b) Motor vehicles cannot be used for transportation between residence and place of employment, unless authorized in accordance with 31 U.S.C. 1344 and subpart 101-6.4 of this title.</P>
                <P>(c) Contractors must:<PRTPAGE P="29"/>
                </P>
                <P>(1) Establish and enforce suitable penalties against employees who use, or authorize the use of, such motor vehicles for unofficial purposes or for other than in the performance of the contract; and</P>
                <P>(2) Pay any expenses or cost, without Government reimbursement, for using such motor vehicles other than in the performance of the contract.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.235</SECTNO>
                <SUBJECT>What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>GSA reports the matter to the head of the agency employing the motor vehicle operator. The employing agency investigates and may, if appropriate, take disciplinary action under 31 U.S.C. 1349 or may report the violation to the Attorney General for prosecution under 18 U.S.C. 641.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.240</SECTNO>
                <SUBJECT>How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?</SUBJECT>
                <P>If an employee willfully uses, or authorizes the use of, a motor vehicle for other than official purposes, the employee is subject to suspension of at least one month or, up to and including, removal by the head of the agency (31 U.S.C. 1349).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.245</SECTNO>
                <SUBJECT>How am I responsible for protecting motor vehicles?</SUBJECT>
                <P>When a Government-owned or -leased motor vehicle is under your control, you must:</P>
                <P>(a) Park or store the vehicle in a manner that reasonably protects it from theft or damage.</P>
                <P>(b) Lock the unattended motor vehicle. (The only exception to this requirement is when fire regulations or other directives prohibit locking motor vehicles in closed buildings or enclosures.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.250</SECTNO>
                <SUBJECT>Am I bound by State and local traffic laws?</SUBJECT>
                <P>Yes. You must obey all motor vehicle traffic laws of the State and local jurisdiction, except when the duties of your position require otherwise. You are personally responsible if you violate State or local traffic laws. If you are fined or otherwise penalized for an offense you commit while performing your official duties, but which was not required as part of your official duties, payment is your personal responsibility.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.255</SECTNO>
                <SUBJECT>Who pays for parking fees and fines?</SUBJECT>
                <P>You must pay parking fees while operating a motor vehicle owned or leased by the Government. However, you can expect to be reimbursed for parking fees incurred while performing official duties. Conversely, if you are fined for a parking violation while operating a motor vehicle owned or leased by the Government, payment is your personal responsibility and you will not be reimbursed.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.260</SECTNO>
                <SUBJECT>Do Federal employees in motor vehicles owned or leased by the government have to use safety belts?</SUBJECT>
                <P>Yes Federal employees must use safety belts, when there is a safety belt.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Replacement of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.265</SECTNO>
                <SUBJECT>What are motor vehicle replacement standards?</SUBJECT>
                <P>Motor vehicle replacement standards specify the minimum number of years in use or miles traveled at which an executive agency may replace a Government-owned motor vehicle (see § 102-34.280) .</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.270</SECTNO>
                <SUBJECT>May we replace a Government-owned motor vehicle sooner?</SUBJECT>
                <P>Yes. You may replace a Government-owned motor vehicle if it needs body or mechanical repairs that exceed the fair market value of the motor vehicle. Determine the fair market value by adding the current market value of the motor vehicle plus any capitalized motor vehicle additions (such as a utility body or liftgate) or repairs. Your agency head or designee must review the replacement in advance.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.275</SECTNO>
                <SUBJECT>May we keep a Government-owned motor vehicle even though the standard permits replacement?</SUBJECT>

                <P>Yes. The replacement standard is a minimum only, and therefore, you may <PRTPAGE P="30"/>keep a Government-owned motor vehicle longer than shown in § 102-34.280 if the motor vehicle can be operated without excessive maintenance costs or substantial reduction in resale value.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.280</SECTNO>
                <SUBJECT>How long must we keep a Government-owned motor vehicle?</SUBJECT>
                <P>You must keep a motor vehicle owned or leased by the Government for at least the years or miles shown in the following table:</P>
                <GPOTABLE CDEF="s50,8,8" COLS="3" OPTS="L2,i1">
                  <TTITLE>Table of Minimum Replacement Standards</TTITLE>
                  <BOXHD>
                    <CHED H="1">Motor vehicle type</CHED>
                    <CHED H="1">Years <SU>a</SU>
                    </CHED>
                    <CHED H="1">or Miles <SU>a</SU>
                    </CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">Sedans/Station Wagons</ENT>
                    <ENT>3</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">Ambulances</ENT>
                    <ENT>7</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">Buses:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Intercity</ENT>
                    <ENT>n/a</ENT>
                    <ENT>280,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">City</ENT>
                    <ENT>n/a</ENT>
                    <ENT>150,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">School</ENT>
                    <ENT>n/a</ENT>
                    <ENT>80,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">Trucks:</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">Less than 12,500 pounds GVWR</ENT>
                    <ENT>6</ENT>
                    <ENT>50,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">12,500-23,999 pounds GVWR</ENT>
                    <ENT>7</ENT>
                    <ENT>60,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">24,000 pounds GVWR and over</ENT>
                    <ENT>9</ENT>
                    <ENT>80,000</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="02">4- or 6-wheel drive motor vehicles</ENT>
                    <ENT>6</ENT>
                    <ENT>40,000</ENT>
                  </ROW>
                  <TNOTE>
                    <SU>a</SU> Minimum standards are stated in both years and miles; use whichever occurs first.</TNOTE>
                </GPOTABLE>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Scheduled Maintenance of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.285</SECTNO>
                <SUBJECT>What kind of maintenance programs must we have?</SUBJECT>
                <P>You must have a scheduled maintenance program for each motor vehicle you own or lease. This requirement applies to motor vehicles operated in any State, Commonwealth, territory or possession of the United States, and the District of Columbia. The GSA Fleet will develop maintenance programs for GSA Fleet vehicles. The scheduled maintenance program must:</P>
                <P>(a) Meet Federal, State, and local emission standards;</P>
                <P>(b) Meet manufacturer warranty requirements;</P>
                <P>(c) Ensure the safe and economical operating condition of the motor vehicle throughout its life; and</P>
                <P>(d) Ensure that inspections and servicing occur as recommended by the manufacturer or more often if local operating conditions require.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.290</SECTNO>
                <SUBJECT>Must our motor vehicles pass State inspections?</SUBJECT>
                <P>Yes your motor vehicles must pass State inspections, where mandated.</P>
                <P>(a) Each motor vehicle owned or leased by the Government must pass Federally-mandated emission inspections in the jurisdictions in which they operate when required by State motor vehicle administrations or State environmental departments. You must reimburse State activities for the cost of these inspections if the fee is not waived. GSA will pay the cost of these inspections for motor vehicles leased from the GSA Fleet.</P>
                <P>(b) Motor vehicles owned or leased by the Government that are exempted from the display of U.S. Government license plates and motor vehicle identification must comply with emission and mechanical inspection programs of the State, Commonwealth, territory or possession of the United States or the District of Columbia in which they are regularly operated. Your agency must pay for these inspections, unless the fee is waived. Payment for these inspections for motor vehicles leased from the GSA Fleet are the responsibility of the using agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.295</SECTNO>
                <SUBJECT>Where can we obtain help in setting up a maintenance program?</SUBJECT>

                <P>For help in setting up a maintenance programs, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Motor Vehicle Accident Reporting</HD>
              <SECTION>
                <SECTNO>§ 102-34.300</SECTNO>
                <SUBJECT>What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?</SUBJECT>
                <P>GSA recommends the following forms for use to report an accident in any State, Commonwealth, territory or possession of the United States and the District of Columbia. The forms should be carried in any motor vehicle owned or leased by the Government.</P>
                <P>(a) <E T="03">Standard Form 91, Motor Vehicle Accident Report.</E> The motor vehicle operator should complete this form at the time and scene of the accident if possible, even if damage to the motor vehicle is not noticeable.<PRTPAGE P="31"/>
                </P>
                <P>(b) <E T="03">Standard Form 94, Statement of Witness.</E> This form should be completed by any witness to the accident.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.305</SECTNO>
                <SUBJECT>To whom do we send accident reports?</SUBJECT>
                <P>Send accident reports as follows:</P>
                <P>(a) If the motor vehicle is owned or leased by your agency, follow your internal agency directives.</P>
                <P>(b) If the motor vehicle is managed by the GSA Fleet, report the accident to GSA in accordance with subpart 101-39.4 of this title.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart G—Disposal of Motor Vehicles</HD>
              <SECTION>
                <SECTNO>§ 102-34.310</SECTNO>
                <SUBJECT>How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?</SUBJECT>
                <P>After meeting the replacement standards under subpart D of this part, you may dispose of a Government-owned motor vehicle by transferring the motor vehicle title, or manufacturer's Certificate of Origin, to the new owner. Detailed instructions on the disposal process are in parts 101-45 and 101-46 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.315</SECTNO>
                <SUBJECT>What forms do we use to transfer ownership when selling a motor vehicle?</SUBJECT>
                <P>Use the following forms to transfer ownership:</P>
                <P>(a) Standard Form 97, The United States Government Certificate to Obtain Title to a Motor Vehicle, if both of the following apply:</P>
                <P>(1) The motor vehicle will be retitled by a State, Commonwealth, territory or possession of the United States or the District of Columbia; and</P>

                <P>(2) The purchaser intends to operate the motor vehicle on highways.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-34.315<E T="01">(a)</E>(2):</HD>
                  <P>Do not use Standard Form 97 if the Government-owned motor vehicle is either not designed or not legal for operation on highways. Examples are construction equipment, farm machinery, and certain military-design motor vehicles. Instead, use an appropriate bill of sale or award document. Examples are Optional Form 16, Sales Slip-Sale of Government Personal Property, and Standard Form 114, Sale of Government Property—Bid and Award.</P>
                </NOTE>
                

                <P>(b) Standard Form 97 is optional in foreign countries because foreign governments may require the use of other forms.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-34.315:</HD>
                  <P>The original Standard Form 97 is printed on secure paper to identify readily any attempt to alter the form. The form is also pre-numbered to prevent duplicates. State motor vehicle agencies may reject certificates showing erasures or strikeovers.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.320</SECTNO>
                <SUBJECT>How do we distribute the completed Standard Form 97?</SUBJECT>
                <P>Standard Form 97 is a 4-part set printed on continuous-feed paper. Distribute the form as follows:</P>
                <P>(a) Original SF 97 to the purchaser or donee.</P>
                <P>(b) One copy to the owning agency.</P>
                <P>(c) One copy to the contracting officer making the sale or transfer of the motor vehicle.</P>
                <P>(d) One copy under owning-agency directives.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart H—Motor Vehicle Fueling</HD>
              <SECTION>
                <SECTNO>§ 102-34.325</SECTNO>
                <SUBJECT>How do we obtain fuel for motor vehicles?</SUBJECT>
                <P>You may obtain fuel for any motor vehicle owned or leased by the Government by using:</P>
                <P>(a) A Government-issued charge card;</P>
                <P>(b) A Government agency fueling facility; or</P>
                <P>(c) Personal funds and obtaining reimbursement from your agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.330</SECTNO>
                <SUBJECT>What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?</SUBJECT>

                <P>(a) You may use a fleet charge card specifically issued for this purpose. These cards are designed to collect motor vehicle data at the time of purchase. Where appropriate, State sales and motor fuel taxes are deducted from fuel purchases by the fleet charge card services contractor before your agency is billed. The GSA contractor issued fleet charge card is the only Government-issued charge card that may be used for GSA Fleet motor vehicles. For further information on acquiring these fleet charge cards and their use, contact the: General Services Administration, Attn: FCX, Washington, DC 20406.<PRTPAGE P="32"/>
                </P>
                <P>(b) You may use a Government purchase card if you do not have a fleet charge card or if the use of such a government purchase card is required by your agency mission. However, the Government purchase card does not collect motor vehicle data nor does it deduct State sales and motor fuel taxes.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.335</SECTNO>
                <SUBJECT>What type of fuel do I use in motor vehicles?</SUBJECT>
                <P>(a) Use the grade (octane rating) of fuel recommended by the motor vehicle manufacturer when fueling motor vehicles owned or leased by the Government.</P>
                <P>(b) Do not use premium grade gasoline in any motor vehicle owned or leased by the Government unless the motor vehicle specifically requires premium grade gasoline.</P>
                <P>(c) Use unleaded gasoline in all Government owned or leased motor vehicles designed to operate on gasoline and used overseas unless:</P>
                <P>(1) Such use would be in conflict with country-to-country or multi-national logistics agreements; or</P>
                <P>(2) Such gasoline is not available locally.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.340</SECTNO>
                <SUBJECT>Do I have to use self-service fuel pumps?</SUBJECT>
                <P>Yes. You must use self-service fuel pumps to the fullest extent possible.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart I—Federal Motor Vehicle Fleet Report</HD>
              <SECTION>
                <SECTNO>§ 102-34.345</SECTNO>
                <SUBJECT>What is the Federal Motor Vehicle Fleet Report?</SUBJECT>
                <P>The Federal Motor Vehicle Fleet Report is compiled by GSA annually from information submitted by Federal agencies on motor vehicle inventory, cost, and use data. GSA supplies copies of the report to the Congress, Federal agencies, and other organizations upon request.</P>
                <P>Recipients of this report use it to evaluate and analyze operations and management of the Federal motor vehicle fleet.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.350</SECTNO>
                <SUBJECT>What records do we need to keep?</SUBJECT>
                <P>For owned motor vehicles, you are responsible for developing adequate accounting and reporting procedures to ensure accurate reporting of inventory, cost, and operational data needed to manage and control motor vehicles.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-34.355</SECTNO>
                <SUBJECT>When and how do we report motor vehicle data?</SUBJECT>

                <P>(a) Within 75 calendar days after the end of the fiscal year, use Standard Form 82, Agency Report of Motor Vehicle Data, to report motor vehicle inventory, cost, and operating information. Send the Standard Form 82 to the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
                <P>(b) Use separate forms to report data for domestic and foreign fleets.</P>
                <P>(1) For motor vehicles lent to another agency during the reporting period, the owning agency reports all data.</P>
                <P>(2) For motor vehicles transferred from one owning agency to another, each agency reports data for the time it retained accountability.</P>

                <P>(c) Detailed instructions are included as part of the form. You can also complete the Standard Form 82 electronically using a computerized input medium. For further information, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: <E T="03">vehicle.policy@gsa.gov</E>
                </P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart J—Forms</HD>
              <SECTION>
                <SECTNO>§ 102-34.360</SECTNO>
                <SUBJECT>How do we obtain the forms prescribed in this part?</SUBJECT>
                <P>See § 102-2.135 of this chapter for how to obtain forms prescribed in this part.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PART 102-35—DISPOSITION OF PERSONAL PROPERTY [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-36</EAR>
            <HD SOURCE="HED">PART 102-36—DISPOSITION OF EXCESS PERSONAL PROPERTY</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-36.5</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <SECTNO>102-36.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SECTNO>102-36.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <SECTNO>102-36.20</SECTNO>

                <SUBJECT>To whom do “we”, “you”, and their variants refer?<PRTPAGE P="33"/>
                </SUBJECT>
                <SECTNO>102-36.25</SECTNO>
                <SUBJECT>How do we request a deviation from these requirements and who can approve it?</SUBJECT>
                <SECTNO>102-36.30</SECTNO>
                <SUBJECT>When is personal property excess?</SUBJECT>
                <SECTNO>102-36.35</SECTNO>
                <SUBJECT>What is the typical process for disposing of excess personal property?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>102-36.40</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Responsibility</HD>
                  <SECTNO>102-36.45</SECTNO>
                  <SUBJECT>What are our responsibilities in the management of excess personal property?</SUBJECT>
                  <SECTNO>102-36.50</SECTNO>
                  <SUBJECT>May we use a contractor to perform the functions of excess personal property disposal?</SUBJECT>
                  <SECTNO>102-36.55</SECTNO>
                  <SUBJECT>What is GSA's role in the disposition of excess personal property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Acquiring Excess Personal Property For Our Agency</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Acquiring Excess</HD>
                  <SECTNO>102-36.60</SECTNO>
                  <SUBJECT>Who is eligible to acquire excess personal property as authorized by the Property Act?</SUBJECT>
                  <SECTNO>102-36.65</SECTNO>
                  <SUBJECT>Why must we use excess personal property instead of buying new property?</SUBJECT>
                  <SECTNO>102-36.70</SECTNO>
                  <SUBJECT>What must we consider when acquiring excess personal property?</SUBJECT>
                  <SECTNO>102-36.75</SECTNO>
                  <SUBJECT>Do we pay for excess personal property we acquire from another Federal agency under a transfer?</SUBJECT>
                  <SECTNO>102-36.80</SECTNO>
                  <SUBJECT>How much do we pay for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <SECTNO>102-36.85</SECTNO>
                  <SUBJECT>Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Screening of Excess</HD>
                  <SECTNO>102-36.90</SECTNO>
                  <SUBJECT>How do we find out what personal property is available as excess?</SUBJECT>
                  <SECTNO>102-36.95</SECTNO>
                  <SUBJECT>How long is excess personal property available for screening?</SUBJECT>
                  <SECTNO>102-36.100</SECTNO>
                  <SUBJECT>When does the screening period start for excess personal property?</SUBJECT>
                  <SECTNO>102-36.105</SECTNO>
                  <SUBJECT>Who is authorized to screen and where do we go to screen excess personal property on-site?</SUBJECT>
                  <SECTNO>102-36.110</SECTNO>
                  <SUBJECT>Do we need authorization to screen excess personal property?</SUBJECT>
                  <SECTNO>102-36.115</SECTNO>
                  <SUBJECT>What information must we include in the authorization form for non-Federal persons to screen excess personal property?</SUBJECT>
                  <SECTNO>102-36.120</SECTNO>
                  <SUBJECT>What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Processing Transfers</HD>
                  <SECTNO>102-36.125</SECTNO>
                  <SUBJECT>How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?</SUBJECT>
                  <SECTNO>102-36.130</SECTNO>
                  <SUBJECT>What are our responsibilities in processing transfer orders of excess personal property?</SUBJECT>
                  <SECTNO>102-36.135</SECTNO>
                  <SUBJECT>How much time do we have to pick up excess personal property that has been approved for transfer?</SUBJECT>
                  <SECTNO>102-36.140</SECTNO>
                  <SUBJECT>May we arrange to have the excess personal property shipped to its final destination?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Direct Transfers</HD>
                  <SECTNO>102-36.145</SECTNO>
                  <SUBJECT>May we obtain excess personal property directly from another Federal agency without GSA approval?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Acquiring Excess Personal Property for Non-Federal Recipients</HD>
                <SECTNO>102-36.150</SECTNO>
                <SUBJECT>For which non-Federal activities may we acquire excess personal property?</SUBJECT>
                <SECTNO>102-36.155</SECTNO>
                <SUBJECT>What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?</SUBJECT>
                <SECTNO>102-36.160</SECTNO>
                <SUBJECT>What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Nonappropriated Fund Activities</HD>
                  <SECTNO>102-36.165</SECTNO>
                  <SUBJECT>Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?</SUBJECT>
                  <SECTNO>102-36.170</SECTNO>
                  <SUBJECT>May we transfer personal property owned by one of our nonappropriated fund activities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Contractors</HD>
                  <SECTNO>102-36.175</SECTNO>
                  <SUBJECT>Are there restrictions to acquiring excess personal property for use by our contractors?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Cooperatives</HD>
                  <SECTNO>102-36.180</SECTNO>
                  <SUBJECT>Is there any limitation/condition to acquiring excess personal property for use by cooperatives?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Project Grantees</HD>
                  <SECTNO>102-36.185</SECTNO>
                  <SUBJECT>What are the requirements for acquiring excess personal property for use by our grantees?</SUBJECT>
                  <SECTNO>102-36.190</SECTNO>
                  <SUBJECT>Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?</SUBJECT>
                  <SECTNO>102-36.195</SECTNO>

                  <SUBJECT>What type of excess personal property may we furnish to our project grantees?<PRTPAGE P="34"/>
                  </SUBJECT>
                  <SECTNO>102-36.200</SECTNO>
                  <SUBJECT>May we acquire excess personal property for cannibalization purposes by the grantee?</SUBJECT>
                  <SECTNO>102-36.205</SECTNO>
                  <SUBJECT>Is there a limit to how much excess personal property we may furnish to our grantees?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Disposition of Excess Personal Property</HD>
                <SECTNO>102-36.210</SECTNO>
                <SUBJECT>Why must we report excess personal property to GSA?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Reporting Excess Personal Property</HD>
                  <SECTNO>102-36.215</SECTNO>
                  <SUBJECT>How do we report excess personal property?</SUBJECT>
                  <SECTNO>102-36.220</SECTNO>
                  <SUBJECT>Must we report all excess personal property to GSA?</SUBJECT>
                  <SECTNO>102-36.225</SECTNO>
                  <SUBJECT>Must we report excess related personal property?</SUBJECT>
                  <SECTNO>102-36.230</SECTNO>
                  <SUBJECT>Where do we send the reports of excess personal property?</SUBJECT>
                  <SECTNO>102-36.235</SECTNO>
                  <SUBJECT>What information do we provide when reporting excess personal property?</SUBJECT>
                  <SECTNO>102-36.240</SECTNO>
                  <SUBJECT>What are the disposal condition codes?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disposing of Excess Personal Property</HD>
                  <SECTNO>102-36.245</SECTNO>
                  <SUBJECT>Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?</SUBJECT>
                  <SECTNO>102-36.250</SECTNO>
                  <SUBJECT>Does GSA ever take physical custody of excess personal property?</SUBJECT>
                  <SECTNO>102-36.255</SECTNO>
                  <SUBJECT>What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?</SUBJECT>
                  <SECTNO>102-36.260</SECTNO>
                  <SUBJECT>How do we promote the expeditious transfer of excess personal property?</SUBJECT>
                  <SECTNO>102-36.265</SECTNO>
                  <SUBJECT>What if there are competing requests for the same excess personal property?</SUBJECT>
                  <SECTNO>102-36.270</SECTNO>
                  <SUBJECT>What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?</SUBJECT>
                  <SECTNO>102-36.275</SECTNO>
                  <SUBJECT>May we dispose of excess personal property without GSA approval?</SUBJECT>
                  <SECTNO>102-36.280</SECTNO>
                  <SUBJECT>May we withdraw from the disposal process excess personal property that we have reported to GSA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transfers With Reimbursement</HD>
                  <SECTNO>102-36.285</SECTNO>
                  <SUBJECT>May we charge for personal property transferred to another Federal agency?</SUBJECT>
                  <SECTNO>102-36.290</SECTNO>
                  <SUBJECT>How much do we charge for excess personal property on a transfer with reimbursement?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Report of Disposal Activity</HD>
                  <SECTNO>102-36.295</SECTNO>
                  <SUBJECT>Is there any reporting requirement on the disposition of excess personal property?</SUBJECT>
                  <SECTNO>102-36.300</SECTNO>
                  <SUBJECT>How do we report the furnishing of personal property to non-Federal recipients?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Abandonment/Destruction</HD>
                  <SECTNO>102-36.305</SECTNO>
                  <SUBJECT>May we abandon or destroy excess personal property without reporting it to GSA?</SUBJECT>
                  <SECTNO>102-36.310</SECTNO>
                  <SUBJECT>Who makes the determination to abandon or destroy excess personal property?</SUBJECT>
                  <SECTNO>102-36.315</SECTNO>
                  <SUBJECT>Are there any restrictions to the use of the abandonment/destruction authority?</SUBJECT>
                  <SECTNO>102-36.320</SECTNO>
                  <SUBJECT>May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?</SUBJECT>
                  <SECTNO>102-36.325</SECTNO>
                  <SUBJECT>What must be done before the abandonment/destruction of excess personal property?</SUBJECT>
                  <SECTNO>102-36.330</SECTNO>
                  <SUBJECT>Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Personal Property WhoseDisposal Requires Special Handling</HD>
                <SECTNO>102-36.335</SECTNO>
                <SUBJECT>Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Aircraft and Aircraft Parts</HD>
                  <SECTNO>102-36.340</SECTNO>
                  <SUBJECT>What must we do when disposing of excess aircraft?</SUBJECT>
                  <SECTNO>102-36.345</SECTNO>
                  <SUBJECT>May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <SECTNO>102-36.350</SECTNO>
                  <SUBJECT>How do we identify a FSCAP?</SUBJECT>
                  <SECTNO>102-36.355</SECTNO>
                  <SUBJECT>What are the FSCAP Criticality Codes?</SUBJECT>
                  <SECTNO>102-36.360</SECTNO>
                  <SUBJECT>How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Canines, Law Enforcement</HD>
                  <SECTNO>102-36.365</SECTNO>
                  <SUBJECT>May we transfer or donate canines that have been used in the performance of law enforcement duties?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Disaster Relief Property</HD>
                  <SECTNO>102-36.370</SECTNO>
                  <SUBJECT>Are there special requirements concerning the use of excess personal property for disaster relief?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Firearms</HD>
                  <SECTNO>102-36.375</SECTNO>
                  <SUBJECT>May we dispose of excess firearms?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Foreign Excess Personal Property</HD>
                  <SECTNO>102-36.380</SECTNO>
                  <SUBJECT>Who is responsible for disposing of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.385</SECTNO>

                  <SUBJECT>What are our responsibilities in the disposal of foreign excess personal property?<PRTPAGE P="35"/>
                  </SUBJECT>
                  <SECTNO>102-36.390</SECTNO>
                  <SUBJECT>How may we dispose of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.395</SECTNO>
                  <SUBJECT>How may GSA assist us in disposing of foreign excess personal property?</SUBJECT>
                  <SECTNO>102-36.400</SECTNO>
                  <SUBJECT>Who pays for the transportation costs when foreign excess personal property is returned to the United States?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Gifts</HD>
                  <SECTNO>102-36.405</SECTNO>
                  <SUBJECT>May we keep gifts given to us from the public?</SUBJECT>
                  <SECTNO>102-36.410</SECTNO>
                  <SUBJECT>How do we dispose of a gift in the form of money or intangible personal property?</SUBJECT>
                  <SECTNO>102-36.415</SECTNO>
                  <SUBJECT>How do we dispose of gifts other than intangible personal property?</SUBJECT>
                  <SECTNO>102-36.420</SECTNO>
                  <SUBJECT>How do we dispose of gifts from foreign governments or entities?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Hazardous Personal Property</HD>
                  <SECTNO>102-36.425</SECTNO>
                  <SUBJECT>May we dispose of excess hazardous personal property?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Munitions List Items/Commerce Control List Items (MLIs/CCLIs)</HD>
                  <SECTNO>102-36.430</SECTNO>
                  <SUBJECT>May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?</SUBJECT>
                  <SECTNO>102-36.435</SECTNO>
                  <SUBJECT>How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Printing Equipment and Supplies</HD>
                  <SECTNO>102-36.440</SECTNO>
                  <SUBJECT>Are there special procedures for reporting excess printing and binding equipment and supplies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Red Cross Property</HD>
                  <SECTNO>102-36.445</SECTNO>
                  <SUBJECT>Do we report excess personal property originally acquired from or through the American National Red Cross?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Shelf-Life Items</HD>
                  <SECTNO>102-36.450</SECTNO>
                  <SUBJECT>Do we report excess shelf-life items?</SUBJECT>
                  <SECTNO>102-36.455</SECTNO>
                  <SUBJECT>How do we report excess shelf-life items?</SUBJECT>
                  <SECTNO>102-36.460</SECTNO>
                  <SUBJECT>Do we report excess medical shelf-life items held for national emergency purposes?</SUBJECT>
                  <SECTNO>102-36.465</SECTNO>
                  <SUBJECT>May we transfer or exchange excess medical shelf-life items with other Federal agencies?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Vessels</HD>
                  <SECTNO>102-36.470</SECTNO>
                  <SUBJECT>What must we do when disposing of excess vessels?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Miscellaneous Disposition</HD>
                <SECTNO>102-36.475</SECTNO>
                <SUBJECT>What is the authority for transfers under “Computers for Learning”?</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>65 FR 31218, May 16, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-36.5</SECTNO>
                <SUBJECT>What is the governing authority for this part?</SUBJECT>
                <P>Section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (the Property Act) (40 U.S.C. 486), authorizes the Administrator of General Services to prescribe regulations as he deems necessary to carry out his functions under the Property Act. Section 202 of the Property Act (40 U.S.C. 483) authorizes the General Services Administration (GSA) to prescribe policies to promote the maximum use of excess Government personal property by executive agencies.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.10</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>This part covers the acquisition, transfer, and disposal, by executive agencies, of excess personal property located in the United States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.15</SECTNO>
                <SUBJECT>Who must comply with the provisions of this part?</SUBJECT>
                <P>All executive agencies must comply with the provisions of this part. The legislative and judicial branches are encouraged to report and transfer excess personal property and fill their personal property requirements from excess in accordance with these provisions.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.20</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <P>Use of pronouns “we”, “you”, and their variants throughout this part refer to the agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.25</SECTNO>
                <SUBJECT>How do we request a deviation from these requirements and who can approve it?</SUBJECT>
                <P>See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="36"/>
                <SECTNO>§ 102-36.30</SECTNO>
                <SUBJECT>When is personal property excess?</SUBJECT>
                <P>Personal property is excess when it is no longer needed by the activities within your agency to carry out the functions of official programs, as determined by the agency head or designee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.35</SECTNO>
                <SUBJECT>What is the typical process for disposing of excess personal property?</SUBJECT>
                <P>(a) You must ensure personal property not needed by your activity is offered for use elsewhere within your agency. If the property is no longer needed by any activity within your agency, your agency declares the property excess and reports it to GSA for possible transfer to eligible recipients, including Federal agencies for direct use or for use by their contractors, project grantees, or cooperative agreement recipients. All executive agencies must, to the maximum extent practicable, fill requirements for personal property by using existing agency property or by obtaining excess property from other Federal agencies in lieu of new procurements.</P>
                <P>(b) If GSA determines that there are no Federal requirements for your excess personal property, it becomes surplus property and is available for donation to State and local public agencies and other eligible non-Federal activities. The Property Act requires that surplus personal property be distributed to eligible recipients by an agency established by each State for this purpose, the State Agency for Surplus Property.</P>
                <P>(c) Surplus personal property not selected for donation is offered for sale to the public by competitive offerings such as sealed bid sales, spot bid sales or auctions. You may conduct or contract for the sale of your surplus personal property, or have GSA or another executive agency conduct the sale on behalf of your agency in accordance with part 101-45 of this title. You must inform GSA at the time the property is reported as excess if you do not want GSA to conduct the sale for you.</P>
                <P>(d) If a written determination is made that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale, you may dispose of the property by abandonment or destruction, or donate it to public bodies.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-36.40</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Commerce Control List Items (CCLIs)</E> are dual use (commercial/military) items that are subject to export control by the Bureau of Export Administration, Department of Commerce. These items have been identified in the U.S. Export Administration Regulations (15 CFR part 774) as export controlled for reasons of national security, crime control, technology transfer and scarcity of materials.</P>
                  <P>
                    <E T="03">Cooperative</E> means the organization or entity that has a cooperative agreement with a Federal agency.</P>
                  <P>
                    <E T="03">Cooperative agreement</E> means a legal instrument reflecting a relationship between a Federal agency and a non-Federal recipient, made in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), under any or all of the following circumstances:</P>
                  <P>(1) The purpose of the relationship is the transfer, between a Federal agency and a non-Federal entity, of money, property, services, or anything of value to accomplish a public purpose authorized by law, rather than by purchase, lease, or barter, for the direct benefit or use of the Federal Government.</P>
                  <P>(2) Substantial involvement is anticipated between the Federal agency and the cooperative during the performance of the agreed upon activity.</P>
                  <P>(3) The cooperative is a State or local government entity or any person or organization authorized to receive Federal assistance or procurement contracts.</P>
                  <P>
                    <E T="03">Demilitarization</E> means, as defined by the Department of Defense, the act of destroying the military capabilities inherent in certain types of equipment or material. Such destruction may include deep sea dumping, mutilation, cutting, crushing, scrapping, melting, burning, or alteration so as to prevent the further use of the item for its originally intended purpose.<PRTPAGE P="37"/>
                  </P>
                  <P>
                    <E T="03">Excess personal property</E> means any personal property under the control of any Federal agency that is no longer required for that agency's needs, as determined by the agency head or designee.</P>
                  <P>
                    <E T="03">Exchange/sale property</E> means property not excess to the needs of the holding agency but eligible for replacement, which is exchanged or sold under the provisions of part 101-46 of this title in order to apply the exchange allowance or proceeds of sale in whole or part payment for replacement with a similar item.</P>
                  <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.</P>
                  <P>
                    <E T="03">Fair market value</E> means the best estimate of the gross sales proceeds if the property were to be sold in a public sale.</P>
                  <P>
                    <E T="03">Federal agency</E> means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his/her direction).</P>
                  <P>
                    <E T="03">Federal Disposal System (FEDS)</E> is GSA's automated excess personal property system. For additional information on using FEDS, access http://pub.fss.gsa.gov/property/.</P>
                  <P>
                    <E T="03">Flight Safety Critical Aircraft Part (FSCAP)</E> is any aircraft part, assembly, or installation containing a critical characteristic whose failure, malfunction, or absence could cause a catastrophic failure resulting in engine shut-down or loss or serious damage to the aircraft resulting in an unsafe condition.</P>
                  <P>
                    <E T="03">Foreign excess personal property</E> is any U.S. owned excess personal property located outside the United States (U.S.), the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.</P>
                  <P>
                    <E T="03">Grant</E> means a type of assistance award and a legal instrument which permits a Federal agency to transfer money, property, services or other things of value to a grantee when no substantial involvement is anticipated between the agency and the recipient during the performance of the contemplated activity.</P>
                  <P>
                    <E T="03">Hazardous personal property</E> means property that is deemed a hazardous material, chemical substance or mixture, or hazardous waste under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C. 5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-2609).</P>
                  <P>
                    <E T="03">Holding agency</E> means the Federal agency having accountability for, and generally possession of, the property involved.</P>
                  <P>
                    <E T="03">Intangible personal property</E> means personal property in which the existence and value of the property is generally represented by a descriptive document rather than the property itself. Some examples are patents, patent rights, processes, techniques, inventions, copyrights, negotiable instruments, money orders, bonds, and shares of stock.</P>
                  <P>
                    <E T="03">Life-limited aircraft part</E> is an aircraft part that has a finite service life expressed in either total operating hours, total cycles, and/or calendar time.</P>
                  <P>
                    <E T="03">Line item</E> means a single line entry, on a reporting form or transfer order, for items of property of the same type having the same description, condition code, and unit cost.</P>
                  <P>
                    <E T="03">Munitions List Items (MLIs)</E> are commodities (usually defense articles/defense services) listed in the International Traffic in Arms Regulation (22 CFR part 121), published by the U.S. Department of State.</P>
                  <P>
                    <E T="03">Nonappropriated fund activity</E> means an activity or entity that is not funded by money appropriated from the general fund of the U.S. Treasury, such as post exchanges, ship stores, military officers' clubs, veterans' canteens, and similar activities. Such property is not Federal property.</P>
                  <P>
                    <E T="03">Personal property</E> means any property, except real property. For purposes of this part, the term excludes records of the Federal Government, and naval vessels of the following categories: battleships, cruisers, aircraft carriers, destroyers, and submarines.</P>
                  <P>
                    <E T="03">Project grant</E> means a grant made for a specific purpose and with a specific termination date.<PRTPAGE P="38"/>
                  </P>
                  <P>
                    <E T="03">Property Act</E> means the Federal Property and Administrative Services Act of 1949 (63 Stat. 386), as amended.</P>
                  <P>
                    <E T="03">Public agency</E> means any State, political subdivision thereof, including any unit of local government or economic development district; any department, agency, or instrumentality thereof, including instrumentalities created by compact or other agreement between States or political subdivisions; multijurisdictional substate districts established by or pursuant to State law; or any Indian tribe, band, group, pueblo, or community located on a State reservation.</P>
                  <P>
                    <E T="03">Related personal property</E> means any personal property that is an integral part of real property. It is:</P>
                  <P>(1) Related to, designed for, or specifically adapted to the functional capacity of the real property and removal of this personal property would significantly diminish the economic value of the real property; or</P>
                  <P>(2) Determined by the Administrator of General Services to be related to the real property.</P>
                  <P>
                    <E T="03">Salvage</E> means property that has value greater than its basic material content but for which repair or rehabilitation is clearly impractical and/or uneconomical.</P>
                  <P>
                    <E T="03">Scrap</E> means property that has no value except for its basic material content.</P>
                  <P>
                    <E T="03">Screening period</E> means the period in which excess and surplus personal property are made available for excess transfer or surplus donation to eligible recipients.</P>
                  <P>
                    <E T="03">Shelf-life item</E> is any item that deteriorates over time or has unstable characteristics such that a storage period must be assigned to assure the item is issued within that period to provide satisfactory performance. Management of such items is governed by part 101-27, subpart 27.2, of this title and by DOD instructions, for executive agencies and DOD respectively.</P>
                  <P>
                    <E T="03">Surplus personal property (surplus)</E> means excess personal property no longer required by the Federal agencies as determined by GSA.</P>
                  <P>
                    <E T="03">Surplus release date</E> means the date when Federal screening has been completed and the excess property becomes surplus.</P>
                  <P>
                    <E T="03">Transfer with reimbursement</E> means a transfer of excess personal property between Federal agencies where the recipient is required to pay, i.e. reimburse the holding agency, for the property.</P>
                  <P>
                    <E T="03">Unit cost</E> means the original acquisition cost of a single item of property.</P>
                  <P>
                    <E T="03">United States</E> means all the 50 States and the District of Columbia.</P>
                  <P>
                    <E T="03">Vessels</E> means ships, boats and craft designed for navigation in and on the water, propelled by oars or paddles, sail, or power.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Responsibility</HD>
                <SECTION>
                  <SECTNO>§ 102-36.45</SECTNO>
                  <SUBJECT>What are our responsibilities in the management of excess personal property?</SUBJECT>
                  <P>(a) Agency procurement policies should require consideration of excess personal property before authorizing procurement of new personal property.</P>
                  <P>(b) You are encouraged to designate national and regional property management officials to:</P>
                  <P>(1) Promote the use of available excess personal property to the maximum extent practicable by your agency.</P>
                  <P>(2) Review and approve the acquisition and disposal of excess personal property.</P>
                  <P>(3) Ensure that any agency implementing procedures comply with this part.</P>
                  <P>(c) When acquiring excess personal property, you must:</P>
                  <P>(1) Limit the quantity acquired to that which is needed to adequately perform the function necessary to support the mission of your agency.</P>
                  <P>(2) Establish controls over the processing of excess personal property transfer orders.</P>
                  <P>(3) Facilitate the timely pickup of acquired excess personal property from the holding agency.</P>
                  <P>(d) While excess personal property you have acquired is in your custody, or the custody of your non-Federal recipients and the Government retains title, you and/or the non-Federal recipient must do the following:</P>
                  <P>(1) Establish and maintain a system for property accountability.</P>

                  <P>(2) Protect the property against hazards including but not limited to fire, theft, vandalism, and weather.<PRTPAGE P="39"/>
                  </P>
                  <P>(3) Perform the care and handling of personal property. “Care and handling” includes completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus personal property, and destroying or rendering innocuous property which is dangerous to public health or safety.</P>
                  <P>(4) Maintain appropriate inventory levels as set forth in part 101-27 of this title.</P>
                  <P>(5) Continuously monitor the personal property under your control to assure maximum use, and develop and maintain a system to prevent and detect nonuse, improper use, unauthorized disposal or destruction of personal property.</P>
                  <P>(e) When you no longer need personal property to carry out the mission of your program, you must:</P>
                  <P>(1) Offer the property for reassignment to other activities within your agency.</P>
                  <P>(2) Promptly report excess personal property to GSA when it is no longer needed by any activity within your agency for further reuse by eligible recipients.</P>
                  <P>(3) Continue the care and handling of excess personal property while it goes through the disposal process.</P>
                  <P>(4) Facilitate the timely transfer of excess personal property to other Federal agencies or authorized eligible recipients.</P>
                  <P>(5) Provide reasonable access to authorized personnel for inspection and removal of excess personal property.</P>
                  <P>(6) Ensure that final disposition complies with applicable environmental, health, safety and national security regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.50</SECTNO>
                  <SUBJECT>May we use a contractor to perform the functions of excess personal property disposal?</SUBJECT>
                  <P>Yes, you may use service contracts to perform disposal functions that are not inherently Governmental, such as warehousing or custodial duties. You are responsible for ensuring that the contractor conforms with the requirements of the Property Act and the Federal Management Regulation (41 CFR chapter 102), and any other applicable statutes and regulations when performing these functions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.55</SECTNO>
                  <SUBJECT>What is GSA's role in the disposition of excess personal property?</SUBJECT>
                  <P>In addition to developing and issuing regulations for the management of excess personal property, GSA:</P>
                  <P>(a) Screens and offers available excess personal property to Federal agencies and eligible non-Federal recipients.</P>
                  <P>(b) Approves and processes transfers of excess personal property to eligible activities.</P>
                  <P>(c) Determines the amount of reimbursement for transfers of excess personal property when appropriate.</P>
                  <P>(d) Conducts sales of surplus and exchange/sale personal property when requested by an agency.</P>
                  <P>(e) Maintains an automated system, FEDS, to facilitate the reporting and transferring of excess personal property.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Acquiring Excess Personal Property For Our Agency</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Acquiring Excess</HD>
                <SECTION>
                  <SECTNO>§ 102-36.60</SECTNO>
                  <SUBJECT>Who is eligible to acquire excess personal property as authorized by the Property Act?</SUBJECT>
                  <P>The following are eligible to acquire excess personal property:</P>
                  <P>(a) Federal agencies (for their own use or use by their authorized contractors, cooperatives, and project grantees).</P>
                  <P>(b) The Senate.</P>
                  <P>(c) The House of Representatives.</P>
                  <P>(d) The Architect of the Capitol and any activities under his direction.</P>
                  <P>(e) The DC Government.</P>
                  <P>(f) Mixed-ownership Government corporations as defined in 31 U.S.C. 9101.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.65</SECTNO>
                  <SUBJECT>Why must we use excess personal property instead of buying new property?</SUBJECT>

                  <P>Using excess personal property to the maximum extent practicable maximizes the return on Government dollars spent and minimizes expenditures for new procurement. Before purchasing new property, check with the appropriate regional GSA Personal Property Management office or access <PRTPAGE P="40"/>FEDS for any available excess personal property that may be suitable for your needs. You must use excess personal property unless it would cause serious hardship, be impractical, or impair your operations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.70</SECTNO>
                  <SUBJECT>What must we consider when acquiring excess personal property?</SUBJECT>
                  <P>Consider the following when acquiring excess personal property:</P>
                  <P>(a) There must be an authorized requirement.</P>
                  <P>(b) The cost of acquiring and maintaining the excess personal property (including packing, shipping, pickup, and necessary repairs) does not exceed the cost of purchasing and maintaining new material.</P>
                  <P>(c) The sources of spare parts or repair/maintenance services to support the acquired item are readily accessible.</P>
                  <P>(d) The supply of excess parts acquired must not exceed the life expectancy of the equipment supported.</P>
                  <P>(e) The excess personal property will fulfill the required need with reasonable certainty without sacrificing mission or schedule.</P>
                  <P>(f) You must not acquire excess personal property with the intent to sell or trade for other assets.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.75</SECTNO>
                  <SUBJECT>Do we pay for excess personal property we acquire from another Federal agency under a transfer?</SUBJECT>
                  <P>(a) No, except for the situations listed in paragraph (b) of this section, you do not pay for the property. However, you are responsible for shipping and transportation costs. Where applicable, you may also be required to pay packing, loading, and any costs directly related to the dismantling of the property when required for the purpose of transporting the property.</P>

                  <P>(b) You may be required to reimburse the holding agency for excess personal property transferred to you (<E T="03">i.e.,</E> transfer with reimbursement) when:</P>
                  <P>(1) Reimbursement is directed by GSA.</P>
                  <P>(2) The property was originally acquired with funds not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue and the holding agency requests reimbursement. It is executive branch policy that working capital fund property shall be transferred without reimbursement.</P>
                  <P>(3) The property was acquired with appropriated funds, but reimbursement is required or authorized by law.</P>
                  <P>(4) You or the holding agency is the U.S. Postal Service (USPS).</P>
                  <P>(5) You are acquiring excess personal property for use by a project grantee that is a public agency or a nonprofit organization and exempt from taxation under 26 U.S.C. 501.</P>
                  <P>(6) You or the holding agency is the DC Government.</P>
                  <P>(7) You or the holding agency is a wholly owned or mixed-ownership Government corporation as defined in the Government Corporation Control Act (31 U.S.C. 9101-9110).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.80</SECTNO>
                  <SUBJECT>How much do we pay for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <P>(a) You may be required to reimburse the holding agency the fair market value when the transfer involves any of the conditions in § 102-36.75(b)(1) through (b)(4).</P>
                  <P>(b) When acquiring excess personal property for your project grantees (§ 102-36.75(b)(5)), you are required to deposit into the miscellaneous receipts fund of the U.S. Treasury an amount equal to 25 percent of the original acquisition cost of the property, except for transfers under the conditions cited in § 102-36.190.</P>

                  <P>(c) When you or the holding agency is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 102-36.75(b)(6) or (b)(7)), you are required to reimburse the holding agency using fair value reimbursement. Fair value reimbursement is 20 percent of the original acquisition cost for new or unused property (<E T="03">i.e.,</E> condition code 1), and zero percent for other personal property. Where circumstances warrant, a higher fair value may be used if the agencies concerned agree. Due to special circumstances or the unusual nature of the property, the holding agency may use other criteria for establishing fair value if approved or directed by GSA. You must refer any disagreements to the appropriate regional <PRTPAGE P="41"/>GSA Personal Property Management office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.85</SECTNO>
                  <SUBJECT>Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?</SUBJECT>
                  <P>Yes, you must pay for personal property disposed of under the exchange/sale authority, in the amount required by the holding agency. The amount of reimbursement is normally the fair market value.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Screening of Excess</HD>
                <SECTION>
                  <SECTNO>§ 102-36.90</SECTNO>
                  <SUBJECT>How do we find out what personal property is available as excess?</SUBJECT>
                  <P>You may use the following methods to find out what excess personal property is available:</P>
                  <P>(a) Check GSA's automated excess personal property system FEDS. For information on FEDS access http://pub.fss.gsa.gov/property/.</P>
                  <P>(b) Contact or submit want lists to regional GSA Personal Property Management offices.</P>
                  <P>(c) Check any available holding agency websites (see http://www.policyworks.gov/surplus for a list of Federal agency websites.).</P>
                  <P>(d) Conduct on-site screening at various Federal facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.95</SECTNO>
                  <SUBJECT>How long is excess personal property available for screening?</SUBJECT>
                  <P>The screening period for excess personal property is normally 21 calendar days. GSA may extend or shorten the screening period in coordination with the holding agency. For screening timeframes for Government property in the possession of contractors see the Federal Acquisition Regulation (48 CFR part 45).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.100</SECTNO>
                  <SUBJECT>When does the screening period start for excess personal property?</SUBJECT>
                  <P>Screening starts when GSA receives the report of excess personal property (see § 102-36.230).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.105</SECTNO>
                  <SUBJECT>Who is authorized to screen and where do we go to screen excess personal property on-site?</SUBJECT>
                  <P>You may authorize your agency employees, contractors, or non-Federal recipients that you sponsor to screen excess personal property. You may visit Defense Reutilization and Marketing Offices (DRMOs) and DOD contractor facilities to screen excess personal property generated by the Department of Defense. You may also inspect excess personal property at various civilian agency facilities throughout the United States.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.110</SECTNO>
                  <SUBJECT>Do we need authorization to screen excess personal property?</SUBJECT>
                  <P>(a) Yes, when entering a Federal facility, Federal agency employees must present a valid Federal ID. Non-Federal individuals will need proof of authorization from their sponsoring Federal agency in addition to a valid picture identification.</P>
                  <P>(b) Entry on some Federal and contractor facilities may require special authorization from that facility. Persons wishing to screen excess personal property on such a facility must obtain approval from that agency. Contact your regional GSA Personal Property Management office for locations and accessibility.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.115</SECTNO>
                  <SUBJECT>What information must we include in the authorization form for non-Federal persons to screen excess personal property?</SUBJECT>
                  <P>(a) For non-Federal persons to screen excess personal property, you must provide on the authorization form:</P>
                  <P>(1) The individual's name and the organization he/she represents;</P>
                  <P>(2) The period of time and location(s) in which screening will be conducted; and</P>
                  <P>(3) The number and completion date of the applicable contract, cooperative agreement, or grant.</P>
                  <P>(b) An authorized official of your agency must sign the authorization form.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.120</SECTNO>
                  <SUBJECT>What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?</SUBJECT>
                  <P>You must do the following:<PRTPAGE P="42"/>
                  </P>
                  <P>(a) Ensure that the non-Federal screener certifies that any and all property requested will be used for authorized official purpose(s).</P>
                  <P>(b) Maintain a record of the authorized screeners under your authority, to include names, addresses and telephone numbers, and any additional identifying information such as driver's license or social security numbers.</P>
                  <P>(c) Retrieve any expired or invalid screener's authorization forms.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Processing Transfers</HD>
                <SECTION>
                  <SECTNO>§ 102-36.125</SECTNO>
                  <SUBJECT>How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?</SUBJECT>
                  <P>(a) You must first contact the appropriate regional GSA Personal Property Management office to assure the property is available to you. Submit your request on a SF 122, Transfer Order Excess Personal Property, to the region in which the property is located. For the types of property listed in the table in paragraph (b) of this section, submit the SF 122 to the corresponding GSA regions. You may submit the SF 122 manually or transmit the required information by electronic media (FEDS) or any other transfer form specified and approved by GSA.</P>
                  <P>(b) For the following types of property, you must submit the SF 122 to the corresponding GSA regions:</P>
                  <GPOTABLE CDEF="s40,xls30,r60" COLS="3" OPTS="L2,tp0,i1">
                    <BOXHD>
                      <CHED H="1">Type of property</CHED>
                      <CHED H="1">GSA region</CHED>
                      <CHED H="1">Location</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">Aircraft</ENT>
                      <ENT>9 FBP</ENT>
                      <ENT>San Francisco, CA 94102.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Firearms</ENT>
                      <ENT>7 FP-8</ENT>
                      <ENT>Denver, CO 80225.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Foreign Gifts</ENT>
                      <ENT>FBP</ENT>
                      <ENT>Washington, DC 20406.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Forfeited Property</ENT>
                      <ENT>3 FP</ENT>
                      <ENT>Washington, DC 20407.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Standard Forms</ENT>
                      <ENT>7 FMP</ENT>
                      <ENT>Ft. Worth, TX 76102.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Vessels, civilian</ENT>
                      <ENT>4 FD</ENT>
                      <ENT>Atlanta, GA 30365.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">Vessels, DOD</ENT>
                      <ENT>3 FPD</ENT>
                      <ENT>Philadelphia, PA 19107.</ENT>
                    </ROW>
                  </GPOTABLE>
                  <CITA>[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000]</CITA>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.130</SECTNO>
                  <SUBJECT>What are our responsibilities in processing transfer orders of excess personal property?</SUBJECT>
                  <P>Whether the excess is for your use or for use by a non-Federal recipient that you sponsor, you must:</P>
                  <P>(a) Ensure that only authorized Federal officials of your agency sign the SF 122 prior to submission to GSA for approval.</P>
                  <P>(b) Ensure that excess personal property approved for transfer is used for authorized official purpose(s).</P>
                  <P>(c) Advise GSA of names of agency officials that are authorized to approve SF 122s, and notify GSA of any changes in signatory authority.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.135</SECTNO>
                  <SUBJECT>How much time do we have to pick up excess personal property that has been approved for transfer?</SUBJECT>
                  <P>When the holding agency notifies you that the property is ready for removal, you normally have 15 calendar days to pick up the property, unless otherwise coordinated with the holding agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.140</SECTNO>
                  <SUBJECT>May we arrange to have the excess personal property shipped to its final destination?</SUBJECT>
                  <P>Yes, when the holding agency agrees to provide assistance in preparing the property for shipping. You may be required to pay the holding agency any direct costs in preparing the property for shipment. You must provide shipping instructions and the appropriate fund code for billing purposes on the SF 122.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Direct Transfers</HD>
                <SECTION>
                  <SECTNO>§ 102-36.145</SECTNO>
                  <SUBJECT>May we obtain excess personal property directly from another Federal agency without GSA approval?</SUBJECT>
                  <P>Yes, but only under the following situations:</P>
                  <P>(a) You may obtain excess personal property that has not yet been reported to GSA, provided the total acquisition cost of the excess property does not exceed $10,000 per line item. You must ensure that a SF 122 is completed for the direct transfer and that an authorized official of your agency signs the SF 122. You must provide a copy of the SF 122 to the appropriate regional GSA office within 10 workdays from the date of the transaction.</P>

                  <P>(b) You may obtain excess personal property exceeding the $10,000 per line item limitation, provided you first contact the appropriate regional GSA Personal Property Management office for verbal approval of a prearranged transfer. You must annotate the SF 122 with the name of the GSA approving official and the date of the verbal approval, <PRTPAGE P="43"/>and provide a copy of the SF 122 to GSA within 10 workdays from the date of transaction.</P>
                  <P>(c) You are subject to the requirement to pay reimbursement for the excess personal property under a direct transfer when any of the conditions in § 102-36.75(b) applies.</P>
                  <P>(d) You may obtain excess personal property directly from another Federal agency without GSA approval when that Federal agency has statutory authority to dispose of such excess personal property and you are an eligible recipient.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Acquiring Excess Personal Property for Non-Federal Recipients</HD>
              <SECTION>
                <SECTNO>§ 102-36.150</SECTNO>
                <SUBJECT>For which non-Federal activities may we acquire excess personal property?</SUBJECT>
                <P>Under the Property Act you may acquire and furnish excess personal property for use by your nonappropriated fund activities, contractors, cooperatives, and project grantees. You may acquire and furnish excess personal property for use by other eligible recipients only when you have specific statutory authority to do so.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.155</SECTNO>
                <SUBJECT>What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?</SUBJECT>
                <P>When acquiring excess personal property for use by a non-Federal recipient, your authorized agency official must:</P>
                <P>(a) Ensure the use of excess personal property by the non-Federal recipient is authorized and complies with applicable Federal regulations and agency guidelines.</P>
                <P>(b) Determine that the use of excess personal property will reduce the costs to the Government and/or that it is in the Government's best interest to furnish excess personal property.</P>
                <P>(c) Review and approve transfer documents for excess personal property as the sponsoring Federal agency.</P>
                <P>(d) Ensure the non-Federal recipient is aware of his obligations under the FMR and your agency regulations regarding the management of excess personal property.</P>
                <P>(e) Ensure the non-Federal recipient does not stockpile the property but places the property into use within a reasonable period of time, and has a system to prevent nonuse, improper use, or unauthorized disposal or destruction of excess personal property furnished.</P>
                <P>(f) Establish provisions and procedures for property accountability and disposition in situations when the Government retains title.</P>
                <P>(g) Report annually to GSA excess personal property furnished to non-Federal recipients during the year (see § 102-36.295).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-36.160</SECTNO>
                <SUBJECT>What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?</SUBJECT>
                <P>Annotate on the SF 122, the name of the non-Federal recipient and the contract, grant or agreement number, when applicable, and the scheduled completion/expiration date of the contract, grant or agreement. If the remaining time prior to the expiration date is less than 60 calendar days, you must certify that the contract, grant or agreement will be extended or renewed or provide other written justification for the transfer.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Nonappropriated Fund Activities</HD>
                <SECTION>
                  <SECTNO>§ 102-36.165</SECTNO>
                  <SUBJECT>Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?</SUBJECT>
                  <P>Yes, title to excess personal property furnished to a nonappropriated fund activity remains with the Federal Government and you are accountable for establishing controls over the use of such excess property in accordance with § 102-36.45(d). When such property is no longer required by the nonappropriated fund activity, you must reuse or dispose of the property in accordance with this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.170</SECTNO>
                  <SUBJECT>May we transfer personal property owned by one of our nonappropriated fund activities?</SUBJECT>

                  <P>Property purchased by a nonappropriated fund activity is not Federal property. A nonappropriated fund activity has the option of making its <PRTPAGE P="44"/>privately owned personal property available for transfer to a Federal agency, usually with reimbursement. If such reimbursable personal property is not transferred to another Federal agency, it may be offered for sale. Such property is not available for donation.</P>
                  <CITA>[65 FR 31218, May 16, 2000, as amended at 65 FR 33778, May 25, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Contractors</HD>
                <SECTION>
                  <SECTNO>§ 102-36.175</SECTNO>
                  <SUBJECT>Are there restrictions to acquiring excess personal property for use by our contractors?</SUBJECT>
                  <P>Yes, you may acquire and furnish excess personal property for use by your contractors subject to the criteria and restrictions in the Federal Acquisition Regulation (48 CFR part 45). When such property is no longer needed by your contractors or your agency, you must dispose of the excess personal property in accordance with the provisions of this part.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Cooperatives</HD>
                <SECTION>
                  <SECTNO>§ 102-36.180</SECTNO>
                  <SUBJECT>Is there any limitation/condition to acquiring excess personal property for use by cooperatives?</SUBJECT>
                  <P>Yes, you must limit the total dollar amount of property transfers (in terms of original acquisition cost) to the dollar value of the cooperative agreement. For any transfers in excess of such amount, you must ensure that an official of your agency at a level higher than the officer administering the agreement approves the transfer. The Federal Government retains title to such property, except when provided by specific statutory authority.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Project Grantees</HD>
                <SECTION>
                  <SECTNO>§ 102-36.185</SECTNO>
                  <SUBJECT>What are the requirements for acquiring excess personal property for use by our grantees?</SUBJECT>
                  <P>You may furnish excess personal property for use by your grantees only when:</P>
                  <P>(a) The grantee holds a Federally sponsored project grant;</P>
                  <P>(b) The grantee is a public agency or a nonprofit tax-exempt organization under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501);</P>
                  <P>(c) The property is for use in connection with the grant; and</P>
                  <P>(d) You pay 25 percent of the original acquisition cost of the excess personal property, such funds to be deposited into the miscellaneous receipts fund of the U.S. Treasury. Exceptions to paying this 25 percent are provided in § 102-36.190. Title to property vests in the grantee when your agency pays 25 percent of the original acquisition cost.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.190</SECTNO>
                  <SUBJECT>Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?</SUBJECT>
                  <P>No, you may acquire excess personal property for use by a project grantee without paying the 25 percent fee when any of the following conditions apply:</P>
                  <P>(a) The personal property was originally acquired from excess sources by your agency and has been placed into official use by your agency for at least one year. The Federal Government retains title to such property.</P>
                  <P>(b) The property is furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest Service in connection with cooperative State forest fire control programs. The Federal Government retains title to such property.</P>
                  <P>(c) The property is furnished by the U.S. Department of Agriculture to State or county extension services or agricultural research cooperatives under 40 U.S.C. 483(d)(2)(E). The Federal Government retains title to such property.</P>
                  <P>(d) The property is not needed for donation under part 101-44 of this title, and is transferred under section 608 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2358). Title to such property transfers to the grantee. (You need not wait until after the donation screening period when furnishing excess personal property to recipients under the Agency for International Development (AID) Development Loan Program.)</P>

                  <P>(e) The property is scientific equipment transferred under section 11(e) of the National Science Foundation (NSF) Act of 1950, as amended (42 U.S.C. 1870(e)). GSA will limit such transfers to property within Federal Supply <PRTPAGE P="45"/>Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and 70. GSA may approve transfers without reimbursement for property under other FSC groups when NSF certifies the item is a component of or related to a piece of scientific equipment or is a difficult-to-acquire item needed for scientific research. Regardless of FSC, GSA will not approve transfers of common-use or general-purpose items without reimbursement. Title to such property transfers to the grantee.</P>
                  <P>(f) The property is furnished in connection with grants to Indian tribes, as defined in section 3(c) of the Indian Financing Act (24 U.S.C. 1452(c)). Title passage is determined under the authorities of the administering agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.195</SECTNO>
                  <SUBJECT>What type of excess personal property may we furnish to our project grantees?</SUBJECT>

                  <P>You may furnish to your project grantees any property, except for consumable items, determined to be necessary and usable for the purpose of the grant. Consumable items are generally not transferable to project grantees. GSA may approve transfers of excess consumable items when adequate justification for the transfer accompanies such requests. For the purpose of this section “consumable items” are items which are intended for one-time use and are actually consumed in that one time; <E T="03">e.g.</E>, drugs, medicines, surgical dressings, cleaning and preserving materials, and fuels.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.200</SECTNO>
                  <SUBJECT>May we acquire excess personal property for cannibalization purposes by the grantees?</SUBJECT>
                  <P>Yes, subject to GSA approval, you may acquire excess personal property for cannibalization purposes. You may be required to provide a supporting statement that indicates disassembly of the item for secondary use has greater benefit than utilization of the item in its existing form and cost savings to the Government will result.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.205</SECTNO>
                  <SUBJECT>Is there a limit to how much excess personal property we may furnish to our grantees?</SUBJECT>
                  <P>Yes, you must monitor transfers of excess personal property so the total dollar amount of property transferred (in original acquisition cost) does not exceed the dollar value of the grant. Any transfers above the grant amount must be approved by an official at an administrative level higher than the officer administering the grant.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Disposition of Excess Personal Property</HD>
              <SECTION>
                <SECTNO>§ 102-36.210</SECTNO>
                <SUBJECT>Why must we report excess personal property to GSA?</SUBJECT>
                <P>You must report excess personal property to promote reuse by the Government to enable Federal agencies to benefit from the continued use of property already paid for with taxpayers' money, thus minimizing new procurement costs. Reporting excess personal property to GSA helps assure that the information on available excess personal property is accessible and disseminated to the widest range of reuse customers.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Reporting Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.215</SECTNO>
                  <SUBJECT>How do we report excess personal property?</SUBJECT>
                  <P>Report excess personal property as follows:</P>
                  <P>(a) Electronically submit the data elements required on the Standard Form 120 (SF 120), Report of Excess Personal Property, in a format specified and approved by GSA; or</P>
                  <P>(b) Submit a paper SF 120 to the regional GSA Personal Property Management office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.220</SECTNO>
                  <SUBJECT>Must we report all excess personal property to GSA?</SUBJECT>
                  <P>(a) Generally yes, regardless of the condition code, except as authorized in § 102-36.145 for direct transfers or as exempted in paragraph (b) of this section. Report all excess personal property, including excess personal property to which the Government holds title but is in the custody of your contractors, cooperatives, or project grantees.</P>
                  <P>(b) You are not required to report the following types of excess personal property to GSA for screening:</P>
                  <P>(1) Property determined appropriate for abandonment/destruction (see § 102-36.305).</P>

                  <P>(2) Nonappropriated fund property (see § 102-36.165).<PRTPAGE P="46"/>
                  </P>
                  <P>(3) Foreign excess personal property (see § 102-36.380).</P>
                  <P>(4) Scrap, except aircraft in scrap condition.</P>
                  <P>(5) Perishables, defined for the purposes of this section as any personal property subject to spoilage or decay.</P>
                  <P>(6) Trading stamps and bonus goods.</P>
                  <P>(7) Hazardous waste.</P>
                  <P>(8) Controlled substances.</P>
                  <P>(9) Nuclear Regulatory Commission-controlled materials.</P>
                  <P>(10) Property dangerous to public health and safety.</P>
                  <P>(11) Classified items or property determined to be sensitive for reasons of national security.</P>
                  <P>(c) Refer to part 101-42 of this title for additional guidance on the disposition of classes of property under paragraphs (b)(7) through (b)(11) of this section.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.225</SECTNO>
                  <SUBJECT>Must we report excess related personal property?</SUBJECT>
                  <P>Yes, you must report excess related personal property to the Office of Real Property, GSA, in accordance with part 101-47 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.230</SECTNO>
                  <SUBJECT>Where do we send the reports of excess personal property?</SUBJECT>
                  <P>(a) You must direct electronic submissions of excess personal property to the Federal Disposal System (FEDS) maintained by the Property Management Division (FBP), GSA, Washington, DC 20406.</P>
                  <P>(b) For paper submissions, you must send the SF 120 to the regional GSA Personal Property Management office for the region in which the property is located. For the categories of property listed in § 102-36.125(b), forward the SF 120 to the corresponding regions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.235</SECTNO>
                  <SUBJECT>What information do we provide when reporting excess personal property?</SUBJECT>
                  <P>(a) You must provide the following data on excess personal property:</P>
                  <P>(1) The reporting agency and the property location.</P>
                  <P>(2) A report number (6-digit activity address code and 4-digit Julian date).</P>
                  <P>(3) 4-digit Federal Supply Class (use National Stock Number whenever available).</P>
                  <P>(4) Description of item, in sufficient detail.</P>
                  <P>(5) Quantity and unit of issue.</P>
                  <P>(6) Disposal Condition Code (see § 102-36.240).</P>
                  <P>(7) Original acquisition cost per unit and total cost (use estimate if original cost not available).</P>
                  <P>(8) Manufacturer, date of manufacture, part and serial number, when required by GSA.</P>
                  <P>(b) In addition, provide the following information on your report of excess, when applicable:</P>
                  <P>(1) Major parts/components that are missing.</P>
                  <P>(2) If repairs are needed, the type of repairs.</P>
                  <P>(3) Special requirements for handling, storage, or transportation.</P>
                  <P>(4) The required date of removal due to moving or space restrictions.</P>
                  <P>(5) If reimbursement is required, the authority under which the reimbursement is requested, the amount of reimbursement and the appropriate fund code to which money is to be deposited.</P>
                  <P>(6) If you will conduct the sale of personal property that is not transferred or donated.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.240</SECTNO>
                  <SUBJECT>What are the disposal condition codes?</SUBJECT>
                  <P>The disposal condition codes are contained in the following table:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">Disposal condition code</CHED>
                      <CHED H="1">Definition</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">1</ENT>
                      <ENT>New. Property which is in new condition or unused condition and can be used immediately without modifications or repairs.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">4</ENT>
                      <ENT>Usable. Property which shows some wear, but can be used without significant repair.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">7</ENT>
                      <ENT>Repairable. Property which is unusable in its current condition but can be economically repaired.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">X</ENT>
                      <ENT>Salvage. Property which has value in excess of its basic material content, but repair or rehabilitation is impractical and/or uneconomical.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">S</ENT>
                      <ENT>Scrap. Property which has no value except for its basic material content.</ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="47"/>
                <HD SOURCE="HED">Disposing of Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.245</SECTNO>
                  <SUBJECT>Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?</SUBJECT>
                  <P>Yes, you are accountable for the excess personal property until the time it is picked up by the designated recipient or its agent. You are responsible for all care and handling charges while the excess personal property is going through the screening and disposal process.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.250</SECTNO>
                  <SUBJECT>Does GSA ever take physical custody of excess personal property?</SUBJECT>
                  <P>Generally you retain physical custody of the excess personal property prior to its final disposition. Very rarely GSA may consider accepting physical custody of excess personal property. Under special circumstances, GSA may take custody or may direct the transfer of partial or total custody to other executive agencies, with their consent.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.255</SECTNO>
                  <SUBJECT>What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?</SUBJECT>
                  <P>Contact your regional GSA Personal Property Management office for any existing interagency agreements that would allow you to turn in excess personal property to a Federal facility. You are responsible for any turn-in costs and all costs related to transporting the excess personal property to these facilities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.260</SECTNO>
                  <SUBJECT>How do we promote the expeditious transfer of excess personal property?</SUBJECT>
                  <P>For expeditious transfer of excess personal property you should:</P>
                  <P>(a) Provide complete and accurate property descriptions and condition codes on the report of excess to facilitate the selection of usable property by potential users.</P>
                  <P>(b) Ensure that any available operating manual, parts list, diagram, maintenance log, or other instructional publication is made available with the property at the time of transfer.</P>
                  <P>(c) Advise the designated recipient of any special requirements for dismantling, shipping/transportation.</P>
                  <P>(d) When the excess personal property is located at a facility due to be closed, provide advance notice of the scheduled date of closing, and ensure there is sufficient time for screening and removal of property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.265</SECTNO>
                  <SUBJECT>What if there are competing requests for the same excess personal property?</SUBJECT>
                  <P>(a) GSA will generally approve transfers on a first-come, first-served basis. When more than one Federal agency requests the same item, and the quantity available is not sufficient to meet the demand of all interested agencies, GSA will consider factors such as national defense requirements, emergency needs, avoiding the necessity of a new procurement, energy conservation, transportation costs, and retention of title in the Government. GSA will normally give preference to the agency that will retain title in the Government.</P>
                  <P>(b) Requests for property for the purpose of cannibalization will normally be subordinate to requests for use of the property in its existing form.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.270</SECTNO>
                  <SUBJECT>What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?</SUBJECT>
                  <P>Prior to final disposition, GSA will consider requests from authorized Federal activities for excess personal property undergoing donation screening or in the sales process. Federal transfers may be authorized prior to removal of the property under a donation or sales action.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.275</SECTNO>
                  <SUBJECT>May we dispose of excess personal property without GSA approval?</SUBJECT>
                  <P>No, you may not dispose of excess personal property without GSA approval except under the following limited situations:</P>

                  <P>(a) You may transfer to another Federal agency excess personal property that has not yet been reported to GSA, under direct transfer procedures contained in § 102-36.145.<PRTPAGE P="48"/>
                  </P>
                  <P>(b) You may dispose of excess personal property that is not required to be reported to GSA (see § 102-36.220(b)).</P>
                  <P>(c) You may dispose of excess personal property without going through GSA when such disposal is authorized by law.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.280</SECTNO>
                  <SUBJECT>May we withdraw from the disposal process excess personal property that we have reported to GSA?</SUBJECT>
                  <P>Yes, you may withdraw excess personal property from the disposal process, but only with the approval of GSA and to satisfy an internal agency requirement. Property that has been approved for transfer or donation or offered for sale by GSA may be returned to your control with proper justification.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transfers With Reimbursement</HD>
                <SECTION>
                  <SECTNO>§ 102-36.285</SECTNO>
                  <SUBJECT>May we charge for personal property transferred to another Federal agency?</SUBJECT>
                  <P>(a) When any one of the following conditions applies, you may require and retain reimbursement for the excess personal property from the recipient:</P>
                  <P>(1) Your agency has the statutory authority to require and retain reimbursement for the property.</P>
                  <P>(2) You are transferring the property under the exchange/sale authority.</P>
                  <P>(3) You had originally acquired the property with funds not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue. It is current executive branch policy that working capital fund property shall be transferred without reimbursement.</P>
                  <P>(4) You or the recipient is the U.S. Postal Service.</P>
                  <P>(5) You or the recipient is the DC Government.</P>
                  <P>(6) You or the recipient is a wholly owned or mixed-ownership Government corporation.</P>
                  <P>(b) You may charge for direct costs you incurred incident to the transfer, such as packing, loading and shipping of the property. The recipient is responsible for such charges unless you waive the amount involved.</P>
                  <P>(c) You may not charge for overhead or administrative expenses or the costs for care and handling of the property pending disposition.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.290</SECTNO>
                  <SUBJECT>How much do we charge for excess personal property on a transfer with reimbursement?</SUBJECT>
                  <P>(a) You may require reimbursement in an amount up to the fair market value of the property when the transfer involves property meeting conditions in § 102-36.285(a)(1) through (a)(4).</P>

                  <P>(b) When you or the recipient is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 102-36.285(a)(5) and (a)(6)), you may only require fair value reimbursement. Fair value reimbursement is 20 percent of the original acquisition cost for new or unused property (<E T="03">i.e.,</E> condition code 1), and zero percent for other personal property. A higher fair value may be used if you and the recipient agency agree. Due to special circumstances or the nature of the property, you may use other criteria for establishing fair value if approved or directed by GSA. You must refer any disagreements to the appropriate regional GSA Personal Property Management office.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Report of Disposal Activity</HD>
                <SECTION>
                  <SECTNO>§ 102-36.295</SECTNO>
                  <SUBJECT>Is there any reporting requirement on the disposition of excess personal property?</SUBJECT>
                  <P>Yes, you must report annually to GSA personal property furnished in any manner in that year to any non-Federal recipients, with respect to property obtained as excess or as property determined to be no longer required for the purposes of the appropriation from which it was purchased. GSA will subsequently submit a summary of these Non-Federal Recipients Reports to Congress.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.300</SECTNO>
                  <SUBJECT>How do we report the furnishing of personal property to non-Federal recipients?</SUBJECT>

                  <P>(a) Submit your annual report of personal property furnished to non-Federal recipients, in letter form, to GSA, Personal Property Management Policy Division (MTP), 1800 F Street, NW, Washington, DC 20405, within 90 calendar days after the close of each fiscal <PRTPAGE P="49"/>year. The report must cover personal property disposed during the fiscal year in all areas within the United States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. Negative reports are required.</P>
                  <P>(b) The report (interagency report control number 0154—GSA—AN) must reference this part and contain the following:</P>
                  <P>(1) Names of the non-Federal recipients.</P>
                  <P>(2) Status of the recipients (contractor, cooperative, project grantee, etc.).</P>
                  <P>(3) Total original acquisition cost of excess personal property furnished to each type of recipient, by type of property (two-digit FSC groups).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Abandonment/Destruction</HD>
                <SECTION>
                  <SECTNO>§ 102-36.305</SECTNO>
                  <SUBJECT>May we abandon or destroy excess personal property without reporting it to GSA?</SUBJECT>
                  <P>Yes, you may abandon or destroy excess personal property when you have made a written determination that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale. An item has no commercial value when it has neither utility nor monetary value (either as an item or as scrap).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.310</SECTNO>
                  <SUBJECT>Who makes the determination to abandon or destroy excess personal property?</SUBJECT>
                  <P>To abandon or destroy excess personal property, an authorized official of your agency makes a written finding that must be approved by a reviewing official who is not directly accountable for the property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.315</SECTNO>
                  <SUBJECT>Are there any restrictions to the use of the abandonment/destruction authority?</SUBJECT>
                  <P>Yes, the following restrictions apply:</P>
                  <P>(a) You must not abandon or destroy property in a manner which is detrimental or dangerous to public health or safety. Additional guidelines for the abandonment/destruction of hazardous materials are prescribed in part 101-42 of this title.</P>
                  <P>(b) If you become aware of an interest from an entity in purchasing the property, you must implement sales procedures in lieu of abandonment/destruction.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.320</SECTNO>
                  <SUBJECT>May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?</SUBJECT>
                  <P>In lieu of abandonment/destruction, you may donate such excess personal property only to a public body without going through GSA. A public body is any department, agency, special purpose district, or other instrumentality of a State or local government; any Indian tribe; or any agency of the Federal Government. If you become aware of an interest from an eligible non-profit organization (see part 101-44 of this title) that is not a public body in acquiring the property, you must contact the regional GSA Personal Property Management office and implement donation procedures in accordance with part 101-44 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.325</SECTNO>
                  <SUBJECT>What must be done before the abandonment/destruction of excess personal property?</SUBJECT>
                  <P>Except as provided in § 102-36.330, you must provide public notice of intent to abandon or destroy excess personal property, in a format and timeframe specified by your agency regulations (such as publishing a notice in a local newspaper, posting of signs in common use facilities available to the public, or providing bulletins on your website through the internet). You must also include in the notice an offer to sell in accordance with part 101-45 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.330</SECTNO>
                  <SUBJECT>Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?</SUBJECT>
                  <P>Yes, you are not required to provide public notice when:</P>

                  <P>(a) The value of the property is so little or the cost of its care and handling, pending abandonment/destruction, is so great that its retention for advertising for sale, even as scrap, is clearly not economical;<PRTPAGE P="50"/>
                  </P>
                  <P>(b) Abandonment or destruction is required because of health, safety, or security reasons; or</P>
                  <P>(c) When the original acquisition cost of the item (estimated if unknown) is less than $500.</P>
                  <CITA>[65 FR 31218, May 16, 2000, as amended at 65 FR 34983, June 1, 2000]</CITA>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Personal Property Whose Disposal Requires Special Handling</HD>
              <SECTION>
                <SECTNO>§ 102-36.335</SECTNO>
                <SUBJECT>Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?</SUBJECT>
                <P>Yes, you must comply with the additional provisions in this subpart when disposing of the types of personal property listed in this subpart.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Aircraft and Aircraft Parts</HD>
                <SECTION>
                  <SECTNO>§ 102-36.340</SECTNO>
                  <SUBJECT>What must we do when disposing of excess aircraft?</SUBJECT>
                  <P>(a) You must report to GSA all excess aircraft, regardless of condition or dollar value, and provide the following information on the SF 120:</P>
                  <P>(1) Manufacturer, date of manufacture, model, serial number.</P>
                  <P>(2) Major components missing from the aircraft (such as engines, electronics).</P>
                  <P>(3) Whether or not the:</P>
                  <P>(i) Aircraft is operational;</P>
                  <P>(ii) Dataplate is available;</P>
                  <P>(iii) Historical and maintenance records are available;</P>
                  <P>(iv) Aircraft has been previously certificated by the Federal Aviation Administration (FAA) and/or has been maintained to FAA airworthiness standards;</P>

                  <P>(v) Aircraft was previously used for non-flight purposes (<E T="03">i.e.,</E> ground training or static display), and has been subjected to extensive disassembly and re-assembly procedures for ground training, or repeated burning for fire-fighting training purposes.</P>
                  <P>(4) For military aircraft, indicate Category A, B, or C as designated by DOD, as follows:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">Category of aircraft</CHED>
                      <CHED H="1">Description</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">A</ENT>
                      <ENT>Aircraft authorized for sale and exchange for commercial use.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">B</ENT>
                      <ENT>Aircraft previously used for ground instruction and/or static display.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">C</ENT>
                      <ENT>Aircraft that are combat configured as determined by DOD.</ENT>
                    </ROW>
                  </GPOTABLE>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-36.340(a)(4):</HD>

                    <P>For additional information on military aircraft see Defense Materiel Disposition Manual, DOD 4160.21-M, accessible at <E T="03">www.drms.dla.mil</E> under Publications.</P>
                  </NOTE>
                  <P>(b) When the designated transfer or donation recipient's intended use is for non-flight purposes, you must remove and return the dataplate to GSA Property Management Branch, San Francisco, California prior to releasing the aircraft to the authorized recipient. GSA will forward the dataplates to FAA.</P>
                  <P>(c) You must also submit a report of the final disposition of the aircraft to the Federal Aviation Interactive Reporting System (FAIRS) maintained by the Aircraft Management Policy Division (MTA), GSA, 1800 F Street, NW, Washington, DC 20405. For additional instructions on reporting to FAIRS see part 101-37 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.345</SECTNO>
                  <SUBJECT>May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?</SUBJECT>
                  <P>Yes, you may dispose of excess FSCAP, but first you must determine whether the documentation available is adequate to allow transfer, donation, or sale of the part in accordance with part 101-37, subpart 101-37.6, of this title. Otherwise, you must mutilate undocumented FSCAP that has no traceability to its original equipment manufacturer and dispose of it as scrap. When reporting excess FSCAP, annotate the manufacturer, date of manufacture, part number, serial number, and the appropriate Criticality Code on the SF 120, and ensure that all available historical and maintenance records accompany the part at the time of issue.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.350</SECTNO>
                  <SUBJECT>How do we identify a FSCAP?</SUBJECT>

                  <P>Any aircraft part designated as FSCAP is assigned an alpha Criticality <PRTPAGE P="51"/>Code, and the code is annotated on the original transfer document when you acquire the part. You must perpetuate the appropriate FSCAP Criticality Code on all personal property records. You may contact the Federal agency or Military service that originally owned the part for assistance in making this determination, or query DOD's Federal Logistics Information System (FLIS) using the National Stock Number (NSN) for the part. For assistance in subscribing to the FLIS service contact the FedLog Consumer Support Office, 800-351-4381.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.355</SECTNO>
                  <SUBJECT>What are the FSCAP Criticality Codes?</SUBJECT>
                  <P>The FSCAP Criticality Codes are contained in the following table:</P>
                  <GPOTABLE CDEF="xs25,r100" COLS="2" OPTS="L2,tp0,p7,6/7,g1,t1,i1">
                    <BOXHD>
                      <CHED H="1">FSCAP code</CHED>
                      <CHED H="1">Description</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">E</ENT>
                      <ENT>FSCAP specially designed to be or selected as being nuclear hardened.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">F</ENT>
                      <ENT>Flight Safety Critical Aircraft Part.</ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.360</SECTNO>
                  <SUBJECT>How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?</SUBJECT>
                  <P>When disposing of life-limited aircraft parts that have no FSCAP designation, you must ensure that tags and labels, historical data and maintenance records accompany the part on any transfers, donations or sales. For additional information regarding the disposal of life-limited parts with or without tags or documentation refer to part 101-37 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Canines, Law Enforcement</HD>
                <SECTION>
                  <SECTNO>§ 102-36.365</SECTNO>
                  <SUBJECT>May we transfer or donate canines that have been used in the performance of law enforcement duties?</SUBJECT>
                  <P>Yes, under Public Law 105-27 (111 Stat. 244), when the canine is no longer needed for law enforcement duties, you may donate the canine to an individual who has experience handling canines in the performance of those official duties.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Disaster Relief Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.370</SECTNO>
                  <SUBJECT>Are there special requirements concerning the use of excess personal property for disaster relief?</SUBJECT>
                  <P>Yes, upon declaration by the President of an emergency or a major disaster, you may loan excess personal property to State and local governments, with or without compensation and prior to reporting it as excess to GSA, to alleviate suffering and damage resulting from any emergency or major disaster (Disaster Relief Act of 1974 (Public Law 93-288 (42 U.S.C. 5121)) and Executive Orders 11795 (3 CFR, 1971-1975 Comp., p. 887) and 12148 (3 CFR, 1979 Comp., p. 412), as amended). If the loan involves property that has already been reported excess to GSA, you may withdraw the item from the disposal process subject to approval by GSA. You may also withdraw excess personal property for use by your agency in providing assistance in disaster relief. You are still accountable for this property and your agency is responsible for developing agencywide procedures for recovery of such property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Firearms</HD>
                <SECTION>
                  <SECTNO>§ 102-36.375</SECTNO>
                  <SUBJECT>May we dispose of excess firearms?</SUBJECT>
                  <P>Yes, unless you have specific statutory authority to do otherwise, excess firearms may be transferred only to those Federal agencies authorized to acquire firearms for official use. GSA may donate certain classes of surplus firearms to State and local government activities whose primary function is the enforcement of applicable Federal, State, and/or local laws and whose compensated law enforcement officers have the authority to apprehend and arrest. Firearms not transferred or donated must be destroyed and sold as scrap. For additional guidance on the disposition of firearms refer to part 101-42 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="52"/>
                <HD SOURCE="HED">Foreign Excess Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.380</SECTNO>
                  <SUBJECT>Who is responsible for disposing of foreign excess personal property?</SUBJECT>
                  <P>Your agency is responsible for disposing of your foreign excess personal property, as provided by title IV of the Property Act.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.385</SECTNO>
                  <SUBJECT>What are our responsibilities in the disposal of foreign excess personal property?</SUBJECT>
                  <P>When disposing of foreign excess personal property you must:</P>
                  <P>(a) Determine whether it is in the interest of the U.S. Government to return foreign excess personal property to the U.S. for further re-use or to dispose of the property overseas.</P>
                  <P>(b) Ensure that any disposal of property overseas conforms to the foreign policy of the United States and the terms and conditions of any applicable Host Nation Agreement.</P>
                  <P>(c) Ensure that, when foreign excess personal property is donated or sold overseas, donation/sales conditions include a requirement for compliance with U.S. Department of Commerce and Department of Agriculture regulations when transporting any personal property back to the U.S.</P>
                  <P>(d) Inform the U.S. State Department of any disposal of property to any foreign governments or entities.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.390</SECTNO>
                  <SUBJECT>How may we dispose of foreign excess personal property?</SUBJECT>
                  <P>To dispose of foreign excess personal property, you may:</P>
                  <P>(a) Offer the property for re-use by U.S. Federal agencies overseas;</P>
                  <P>(b) Return the property to the U.S. for re-use by eligible recipients;</P>
                  <P>(c) Sell, exchange, lease, or transfer such property for cash, credit, or other property;</P>
                  <P>(d) Donate medical materials or supplies to nonprofit medical or health organizations, including those qualified under sections 214(b) and 607 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2174, 2357); or</P>
                  <P>(e) Abandon, destroy or donate such property when you determine that it has no commercial value or the estimated cost of care and handling would exceed the estimated proceeds from its sale, in accordance with sec. 402(a) of the Property Act. Abandonment, destruction or donation actions must also comply with the laws of the country in which the property is located.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.395</SECTNO>
                  <SUBJECT>How may GSA assist us in disposing of foreign excess personal property?</SUBJECT>
                  <P>You may request GSA's assistance in the screening of foreign excess personal property for possible re-use by eligible recipients within the U.S. GSA may, after consultation with you, designate property for return to the United States for transfer or donation purposes.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.400</SECTNO>
                  <SUBJECT>Who pays for the transportation costs when foreign excess personal property is returned to the United States?</SUBJECT>
                  <P>When foreign excess property is to be returned to the U.S. for the purpose of an approved transfer or donation under the provisions of Sections 202 and 203 of the Property Act, the receiving agency is responsible for all direct costs involved in the transfer, which include packing, handling, crating, and transportation.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Gifts</HD>
                <SECTION>
                  <SECTNO>§ 102-36.405</SECTNO>
                  <SUBJECT>May we keep gifts given to us from the public?</SUBJECT>
                  <P>If your agency has gift retention authority, you may retain gifts from the public. Otherwise, you must report gifts you receive on a SF 120 to GSA. You must report gifts received from a foreign government in accordance with part 101-49 of this title.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.410</SECTNO>
                  <SUBJECT>How do we dispose of a gift in the form of money or intangible personal property?</SUBJECT>
                  <P>Report intangible personal property to GSA, Personal Property Management Division (FBP), Washington, D.C. 20406. You must not transfer or dispose of this property without prior approval of GSA. The Secretary of the Treasury will dispose of money and negotiable instruments such as bonds, notes, or other securities under the authority of 31 U.S.C. 324.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="53"/>
                  <SECTNO>§ 102-36.415</SECTNO>
                  <SUBJECT>How do we dispose of gifts other than intangible personal property?</SUBJECT>
                  <P>(a) When the gift is offered with the condition that the property be sold and the proceeds used to reduce the public debt, report the gift to the regional GSA Personal Property Management office in which the property is located. GSA will convert the gift to money upon acceptance and deposit the proceeds into a special account of the U.S. Treasury.</P>
                  <P>(b) When the gift is offered with no conditions or restrictions, and your agency has gift retention authority, you may use the gift for an authorized official purpose without reporting to GSA. The property will then lose its identity as a gift and you must account for it in the same manner as Federal personal property acquired from authorized sources. When the property is no longer needed, you must report it as excess personal property to GSA.</P>
                  <P>(c) When the gift is offered with no conditions or restrictions, but your agency does not have gift retention authority, you must report it to the regional GSA Personal Property Management office. GSA will offer the property for screening for possible transfer to a Federal agency or convert the gift to money and deposit the funds with U.S. Treasury. If your agency is interested in keeping the gift for an official purpose, you must annotate your interest on the SF 120 and also submit a SF 122.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.420</SECTNO>
                  <SUBJECT>How do we dispose of gifts from foreign governments or entities?</SUBJECT>
                  <P>Report foreign gifts on a SF 120 to GSA, Personal Property Management Division (FBP), Washington, DC 20406, for possible use by your agency, or for transfer, donation or sale in accordance with the provisions of part 101-49 of this title.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Hazardous Personal Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.425</SECTNO>
                  <SUBJECT>May we dispose of excess hazardous personal property?</SUBJECT>
                  <P>Yes, but only in accordance with part 101-42 of this title. When reporting excess hazardous property to GSA, certify on the SF 120 that the property has been packaged and labeled as required. Annotate any special requirements for handling, storage, or use, and provide a description of the actual or potential hazard.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Munitions List Items/Commerce Control List Items (MLIs/CCLIs)</HD>
                <SECTION>
                  <SECTNO>§ 102-36.430</SECTNO>
                  <SUBJECT>May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?</SUBJECT>
                  <P>You may dispose of excess MLIs/CCLIs only when you comply with the additional disposal and demilitarization (DEMIL) requirements contained in part 101-42 of this title. MLIs may require demilitarization when issued to any non-DoD entity, and will require appropriate licensing when exported from the U.S. CCLIs usually require export licensing when transported from the U.S.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.435</SECTNO>
                  <SUBJECT>How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?</SUBJECT>
                  <P>You identify MLIs/CCLIs requiring demilitarization by the demilitarization code that is assigned to each MLI or CCLI. The code indicates the type and scope of demilitarization and/or export controls that must be accomplished, when required, before issue to any non-DOD activity. For a listing of the codes and additional guidance on DEMIL procedures see DOD Demilitarization and Trade Security Control Manual, DOD 4160.21-M-1.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Printing Equipment and Supplies</HD>
                <SECTION>
                  <SECTNO>§ 102-36.440</SECTNO>
                  <SUBJECT>Are there special procedures for reporting excess printing and binding equipment and supplies?</SUBJECT>
                  <P>Yes, in accordance with 44 U.S.C. 312, you must submit reports of excess printing and binding machinery, equipment, materials, and supplies to the Public Printer, Government Printing Office (GPO), Customer Service Manager, North Capitol and H Streets, NW, Washington, DC 20401. If GPO has no requirement for the property, you must then submit the report to GSA.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="54"/>
                <HD SOURCE="HED">Red Cross Property</HD>
                <SECTION>
                  <SECTNO>§ 102-36.445</SECTNO>
                  <SUBJECT>Do we report excess personal property originally acquired from or through the American National Red Cross?</SUBJECT>
                  <P>Yes, when reporting excess personal property which was processed, produced, or donated by the American National Red Cross, note “RED CROSS PROPERTY” on the SF 120 or report document. GSA will offer to return this property to the Red Cross if no other Federal agency has a need for it. If the Red Cross has no requirement the property continues in the disposal process and is available for donation.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Shelf-Life Items</HD>
                <SECTION>
                  <SECTNO>§ 102-36.450</SECTNO>
                  <SUBJECT>Do we report excess shelf-life items?</SUBJECT>
                  <P>(a) When there are quantities on hand that would not be utilized by the expiration date and cannot be returned to the vendor for credit, you must report such expected overage as excess for possible transfer and disposal to ensure maximum use prior to deterioration.</P>
                  <P>(b) You need not report expired shelf-life items. You may dispose of property with expired shelf-life by abandonment/destruction in accordance with § 102-36.305 and in compliance with Federal, State, and local waste disposal and air and water pollution control standards.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.455</SECTNO>
                  <SUBJECT>How do we report excess shelf-life items?</SUBJECT>
                  <P>You must identify the property as shelf-life items by “SL”, indicate the expiration date, whether the date is the original or an extended date, and if the date is further extendable. GSA may adjust the screening period based on re-use potential and the remaining useful shelf life.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.460</SECTNO>
                  <SUBJECT>Do we report excess medical shelf-life items held for national emergency purposes?</SUBJECT>
                  <P>When the remaining shelf life of any medical materials or supplies held for national emergency purposes is of too short a period to justify their continued retention, you should report such property excess for possible transfer and disposal. You must make such excess determinations at such time as to ensure that sufficient time remains to permit their use before their shelf life expires and the items are unfit for human use. You must identify such items with “MSL” and the expiration date, and indicate any specialized storage requirements.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-36.465</SECTNO>
                  <SUBJECT>May we transfer or exchange excess medical shelf-life items with other Federal agencies?</SUBJECT>
                  <P>Yes, you may transfer or exchange excess medical shelf-life items held for national emergency purposes with any other Federal agency for other medical materials or supplies, without GSA approval and without regard to part 101-46 of this title. You and the transferee agency will agree to the terms and prices. You may credit any proceeds derived from such transactions to your agency's current applicable appropriation and use the funds only for the purchase of medical materials or supplies for national emergency purposes.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Vessels</HD>
                <SECTION>
                  <SECTNO>§ 102-36.470</SECTNO>
                  <SUBJECT>What must we do when disposing of excess vessels?</SUBJECT>
                  <P>(a) When you dispose of excess vessels you must indicate on the SF 120 the following information:</P>
                  <P>(1) Whether the vessel has been inspected by the Coast Guard.</P>
                  <P>(2) Whether testing for hazardous materials has been done. And if so, the result of the testing, specifically the presence or absence of PCB's and asbestos and level of contamination.</P>
                  <P>(3) Whether hazardous materials clean-up is required, and when it will be accomplished by your agency.</P>
                  <P>(b) In accordance with section 203(i) of the Property Act, the Federal Maritime Administration (FMA), Department of Transportation, is responsible for disposing of surplus vessels determined to be merchant vessels or capable of conversion to merchant use and weighing 1,500 gross tons or more. The SF 120 for such vessels shall be forwarded to GSA for submission to FMA.</P>
                  <P>(c) Disposal instructions regarding vessels in this part do not apply to battleships, cruisers, aircraft carriers, destroyers, and submarines.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="55"/>
              <HD SOURCE="HED">Subpart F—Miscellaneous Disposition</HD>
              <SECTION>
                <SECTNO>§ 102-36.475</SECTNO>
                <SUBJECT>What is the authority for transfers under “Computers for Learning”?</SUBJECT>
                <P>(a) The Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3710(i)), authorizes Federal agencies to transfer excess education-related Federal equipment to educational institutions or nonprofit organizations for educational and research activities. Executive Order 12999 (3 CFR, 1996 Comp., p. 180) requires, to the extent permitted by law and where appropriate, the transfer of computer equipment for use by schools or non-profit organizations.</P>
                <P>(b) Each Federal agency is required to identify a point of contact within the agency to assist eligible recipients, and to publicize the availability of such property to eligible communities. Excess education-related equipment may be transferred directly under established agency procedures, or reported to GSA as excess for subsequent transfer to potential eligible recipients as appropriate. You must include transfers under this authority in the annual Non-Federal Recipients Report (See § 102-36.295) to GSA.</P>
                <P>(c) The “Computers for Learning” website has been developed to streamline the transfer of excess and surplus Federal computer equipment to schools and nonprofit educational organizations. For additional information about this program access the “Computers for Learning” website, http://www.computers.fed.gov.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PARTS 102-37—102-41 [RESERVED]</RESERVED>
          </PART>
          <PART>
            <HD SOURCE="HED">PART 102-42—UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General Provisions</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-42.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <SUBJGRP>
                  <HD SOURCE="HED">Definitions</HD>
                  <SECTNO>102-42.10</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Care, Handling and Disposition</HD>
                  <SECTNO>102-42.15</SECTNO>
                  <SUBJECT>Under what circumstances may an employee retain a foreign gift or decoration?</SUBJECT>
                  <SECTNO>102-42.20</SECTNO>
                  <SUBJECT>What is the typical disposition process for gifts and decorations that employees are not authorized to retain?</SUBJECT>
                  <SECTNO>102-42.25</SECTNO>
                  <SUBJECT>Who retains custody of gifts and decorations pending disposal?</SUBJECT>
                  <SECTNO>102-42.30</SECTNO>
                  <SUBJECT>Who is responsible for the security, care and handling, and delivery of gifts and decorations to GSA, and all costs associated with such functions?</SUBJECT>
                  <SECTNO>102-42.35</SECTNO>
                  <SUBJECT>Can the employing agency be reimbursed for transfers of gifts and decorations?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Appraisals</HD>
                  <SECTNO>102-42.40</SECTNO>
                  <SUBJECT>When is a commercial appraisal necessary?</SUBJECT>
                  <SECTNO>102-42.45</SECTNO>
                  <SUBJECT>Who obtains a commercial appraisal?</SUBJECT>
                  <SECTNO>102-42.50</SECTNO>
                  <SUBJECT>Is there a special format for a commercial appraisal?</SUBJECT>
                  <SECTNO>102-42.55</SECTNO>
                  <SUBJECT>What does the employing agency do with the appraisal?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Special Disposals</HD>
                  <SECTNO>102-42.60</SECTNO>
                  <SUBJECT>Who is responsible for gifts and decorations received by Senators and Senate employees?</SUBJECT>
                  <SECTNO>102-42.65</SECTNO>
                  <SUBJECT>What happens if the Commission on Art and Antiquities does not dispose of a gift or decoration?</SUBJECT>
                  <SECTNO>102-42.70</SECTNO>
                  <SUBJECT>Who handles gifts and decorations received by the President or a member of the President's family?</SUBJECT>
                  <SECTNO>102-42.75</SECTNO>
                  <SUBJECT>How are gifts containing hazardous materials handled?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Utilization of Foreign Gifts and Decorations </HD>
                <SECTNO>102-42.80</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <SECTNO>102-42.85</SECTNO>
                <SUBJECT>What gifts or decorations must we report to GSA?</SUBJECT>
                <SECTNO>102-42.90</SECTNO>
                <SUBJECT>What is the requirement for reporting gifts or decorations that were retained for official use but are no longer needed?</SUBJECT>
                <SECTNO>102-42.95</SECTNO>
                <SUBJECT>How do we report gifts and decorations as excess personal property?</SUBJECT>
                <SECTNO>102-42.100</SECTNO>
                <SUBJECT>How can we obtain an excess gift or decoration from another agency?</SUBJECT>
                <SECTNO>102-42.105</SECTNO>
                <SUBJECT>What special information must be included on the transfer request (SF 122)?</SUBJECT>
                <SECTNO>102-42.110</SECTNO>
                <SUBJECT>How must we justify a transfer request?</SUBJECT>
                <SECTNO>102-42.115</SECTNO>
                <SUBJECT>What must we do when the transferred gifts and decorations are no longer required for official use?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="56"/>
                <HD SOURCE="HED">Subpart C—Donation of Foreign Gifts and Decorations </HD>
                <SECTNO>102-42.120</SECTNO>
                <SUBJECT>When may gifts or decorations be donated to State agencies?</SUBJECT>
                <SECTNO>102-42.125</SECTNO>
                <SUBJECT>How is donation of gifts or decorations accomplished?</SUBJECT>
                <SECTNO>102-42.130</SECTNO>
                <SUBJECT>Are there special requirements for the donation of gifts and decorations?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Sale or Destruction of Foreign Gifts and Decorations</HD>
                <SECTNO>102-42.135</SECTNO>
                <SUBJECT>Whose approval must be obtained before a foreign gift or decoration is offered for public sale?</SUBJECT>
                <SECTNO>102-42.140</SECTNO>
                <SUBJECT>How is a sale of a foreign gift or decoration to an employee conducted?</SUBJECT>
                <SECTNO>102-42.145</SECTNO>
                <SUBJECT>When is public sale of a foreign gift or decoration authorized?</SUBJECT>
                <SECTNO>102-42.150</SECTNO>
                <SUBJECT>What happens to proceeds from sales?</SUBJECT>
                <SECTNO>102-42.155</SECTNO>
                <SUBJECT>Can foreign gifts or decorations be destroyed?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 515, 91 Stat. 862 (5 U.S.C. 7342).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 45539, July 24, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General Provisions</HD>
              <SECTION>
                <SECTNO>§ 102-42.5</SECTNO>
                <SUBJECT>What does this part cover?</SUBJECT>
                <P>This part covers the acceptance, utilization, donation, and disposal of gifts and decorations from foreign governments under 5 U.S.C. 7342. If you receive gifts other than from a foreign government you should refer to § 102-36.405.</P>
              </SECTION>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-42.10</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Decoration</E> means an order, device, medal, badge, insignia, emblem, or award offered by or received from a foreign government.</P>
                  <P>
                    <E T="03">Employee means:</E>
                  </P>
                  <P>(1) An employee as defined by 5 U.S.C. 2105 and an officer or employee of the United States Postal Service or of the Postal Rate Commission;</P>
                  <P>(2) An expert or consultant who is under contract under 5 U.S.C. 3109 with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under that section, any individual involved in the performance of such services;</P>
                  <P>(3) An individual employed by or occupying an office or position in the government of a territory or possession of the United States or the government of the District of Columbia;</P>
                  <P>(4) A member of a uniformed service as specified in 10 U.S.C 101;</P>
                  <P>(5) The President and the Vice President;</P>
                  <P>(6) A Member of Congress as defined by 5 U.S.C. 2106 (except the Vice President) and any Delegate to the Congress; and</P>

                  <P>(7) The spouse of an individual described in paragraphs (1) through (6) of this definition of <E T="03">employee</E> (unless this individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1986 (26 U.S.C. 152)) of this individual, other than a spouse or dependent who is an employee under paragraphs (1) through (6) of this definition of <E T="03">employee.</E>
                  </P>
                  <P>
                    <E T="03">Employing agency</E> means:</P>
                  <P>(1) The department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees;</P>
                  <P>(2) The Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in 5U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) must be carried out by the Clerk of the House;</P>
                  <P>(3) The Select Committee on Ethics of the Senate, for Senators and employees of the Senate, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in 5 U.S.C. 7342(c)(2), (d), and (g)(2)(B) must be carried out by the Secretary of the Senate; and</P>
                  <P>(4) The Administrative Offices of the United States Courts, for judges and judicial branch employees.</P>
                  <P>
                    <E T="03">Foreign government</E> means:</P>

                  <P>(1) Any unit of foreign government, including any national, State, local, and municipal government and their foreign equivalents;<PRTPAGE P="57"/>
                  </P>
                  <P>(2) Any international or multinational organization whose membership is composed of any unit of a foreign government; and</P>
                  <P>(3) Any agent or representative of any such foreign government unit or organization while acting as such.</P>
                  <P>
                    <E T="03">Gift</E> means a monetary or non-monetary present (other than a decoration) offered by or received from a foreign government. A monetary gift includes anything that may commonly be used in a financial transaction, such as cash or currency, checks, money orders, bonds, shares of stock, and other securities and negotiable financial instruments.</P>
                  <P>
                    <E T="03">Minimal value</E> means a retail value in the United States at the time of acceptance of $260 or less, except that:</P>
                  <P>(1) GSA will adjust the definition of <E T="03">minimal value</E> in regulations prescribed by the Administrator of General Services every three years, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period; and</P>

                  <P>(2) Regulations of an employing agency may define <E T="03">minimal value</E> for its employees to be less, but not more than, the value provided under this definition.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Care, Handling and Disposition</HD>
                <SECTION>
                  <SECTNO>§ 102-42.15</SECTNO>
                  <SUBJECT>Under what circumstances may an employee retain a foreign gift or decoration?</SUBJECT>
                  <P>Employees, with the approval of their employing agencies, may accept and retain:</P>
                  <P>(a) Gifts of minimal value received as souvenirs or marks of courtesy. When a gift of more than minimal value is accepted, the gift becomes the property of the U.S. Government, not the employee, and must be reported.</P>
                  <P>(b) Decorations that have been offered or awarded for outstanding or unusually meritorious performance. If the employing agency disapproves retention of the decoration by the employee, the decoration becomes the property of the U.S. Government.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.20 </SECTNO>
                  <SUBJECT>What is the typical disposition process for gifts and decorations that employees are not authorized to retain?</SUBJECT>
                  <P>(a) <E T="03">Non-monetary gifts or decorations.</E> When an employee receives a non-monetary gift above the minimal value or a decoration that he/she is not authorized to retain:</P>
                  <P>(1) The employee must report the gift or decoration to his/her employing agency within 60 days after accepting it.</P>
                  <P>(2) The employing agency determines if it will keep the gift or decoration for official use.</P>
                  <P>(3) If it does not return the gift or decoration to the donor or keep it for official use, the employing agency reports it as excess personal property to GSA for Federal utilization screening under § 102-42.95.</P>
                  <P>(4) If GSA does not transfer the gift or decoration during</P>
                  <P>Federal utilization screening, the employee may purchase the gift or decoration (see § 102-42.140).</P>
                  <P>(5) If the employee declines to purchase the gift or decoration, and there is no Federal requirement for either, GSA may offer it for donation through State Agencies for Surplus Property (SASP) under part 101-44 of this title.</P>
                  <P>(6) If no SASP requests the gift or decoration for donation, GSA may offer it for public sale, with the approval of the Secretary of State, or will authorize the destruction of the gift or decoration under part 101-45 of this title.</P>
                  <P>(b) <E T="03">Monetary gifts.</E> When an employee receives a monetary gift above the minimal value:</P>
                  <P>(1) The employee must report the gift to his/her employing agency within 60 days after accepting it.</P>
                  <P>(2) The employing agency must:</P>
                  <P>(i) Report a monetary gift with possible historic or numismatic (i.e., collectible) value to GSA; or</P>
                  <P>(ii) Deposit a monetary gift that has no historic or numismatic value with the Department of the Treasury.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.25</SECTNO>
                  <SUBJECT>Who retains custody of gifts and decorations pending disposal?</SUBJECT>

                  <P>(a) The employing agency retains custody of gifts and decorations that <PRTPAGE P="58"/>employees have expressed an interest in purchasing.</P>

                  <P>(b) GSA will accept physical custody of gifts above the minimal value, which employees decline to purchase, or decorations that are not retained for official use or returned to donors.
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-42.25(b):</HD>
                    <P>GSA will not accept physical custody of foreign gifts of firearms. Firearms reported by the agency as excess must be disposed of in accordance with part 101-42 of this title.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.30</SECTNO>
                  <SUBJECT>Who is responsible for the security, care and handling, and delivery of gifts and decorations to GSA, and all costs associated with such functions?</SUBJECT>
                  <P>The employing agency is responsible for the security, care and handling, and delivery of gifts and decorations to GSA, and all costs associated with such functions.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.35</SECTNO>
                  <SUBJECT>Can the employing agency be reimbursed for transfers of gifts and decorations?</SUBJECT>
                  <P>No, all transfers of gifts and decorations to Federal agencies or donation through SASPs will be without reimbursement. However, the employing agency may require the receiving agency to pay all or part of the direct costs incurred by the employing agency in packing, preparation for shipment, loading, and transportation.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Appraisals</HD>
                <SECTION>
                  <SECTNO>§ 102-42.40</SECTNO>
                  <SUBJECT>When is a commercial appraisal necessary?</SUBJECT>
                  <P>(a) A commercial appraisal is necessary when an employee indicates an interest in purchasing a gift or decoration and must be obtained before the gift or decoration is reported to GSA for screening.</P>
                  <P>(b) GSA may also require the employing agency to obtain a commercial appraisal of a gift or decoration that the agency no longer needs before accepting the agency's report of the item as excess personal property.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.45</SECTNO>
                  <SUBJECT>Who obtains a commercial appraisal?</SUBJECT>
                  <P>The employing agency obtains a commercial appraisal.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.50</SECTNO>
                  <SUBJECT>Is there a special format for a commercial appraisal?</SUBJECT>
                  <P>There is no special format for a commercial appraisal, but it must be:</P>
                  <P>(a) On official company letterhead;</P>
                  <P>(b) Prepared in the United States;</P>
                  <P>(c) Dated; and</P>
                  <P>(d) Expressed in U.S. dollars.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.55</SECTNO>
                  <SUBJECT>What does the employing agency do with the appraisal?</SUBJECT>
                  <P>The employing agency must attach the commercial appraisal to a Standard Form (SF) 120, Report of Excess Personal Property.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Special Disposals</HD>
                <SECTION>
                  <SECTNO>§ 102-42.60</SECTNO>
                  <SUBJECT>Who is responsible for gifts and decorations received by Senators and Senate employees?</SUBJECT>
                  <P>Gifts and decorations received by Senators and Senate employees are deposited with the Secretary of the Senate for disposal by the Commission on Art and Antiquities of the United States Senate under 5 U.S.C. 7342(e)(2). GSA is responsible for disposing of gifts or decorations received by Members and employees of the House of Representatives.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.65</SECTNO>
                  <SUBJECT>What happens if the Commission on Art and Antiquities does not dispose of a gift or decoration?</SUBJECT>
                  <P>If the Commission on Art and Antiquities does not dispose of a gift or decoration, then it must be reported to GSA for disposal. If GSA does not dispose of a gift or decoration within one year of the Commission's reporting, the Commission may:</P>
                  <P>(a) Request that GSA return the gift or decoration and dispose of it itself; or</P>
                  <P>(b) Continue to allow GSA to dispose of the gift or decoration in accordance with this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-42.70</SECTNO>
                  <SUBJECT>Who handles gifts and decorations received by the President or a member of the President's family?</SUBJECT>
                  <P>The National Archives and Records Administration normally handles gifts and decorations received by the President or a member of the President's family.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="59"/>
                  <SECTNO>§ 102-42.75</SECTNO>
                  <SUBJECT>How are gifts containing hazardous materials handled?</SUBJECT>
                  <P>Gifts containing hazardous materials are handled in accordance with the requirements and provisions of this part and part 101-42 of this title.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Utilization of Foreign Gifts and Decorations</HD>
              <SECTION>
                <SECTNO>§ 102-42.80</SECTNO>
                <SUBJECT>To whom do “we”, “you”, and their variants refer?</SUBJECT>
                <P>Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the employing agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.85</SECTNO>
                <SUBJECT>What gifts or decorations must we report to GSA?</SUBJECT>
                <P>You must report to GSA gifts of more than minimal value, except for monetary gifts that have no historic or numismatic value (see § 102-42.20), or decorations the employee is not authorized to retain that are:</P>
                <P>(a) Not being retained for official use or have not been returned to the donor; or</P>
                <P>(b) Received by a Senator or a Senate employee and not disposed of by the Commission on Art and Antiquities of the United StatesSenate.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.90</SECTNO>
                <SUBJECT>What is the requirement for reporting gifts or decorations that were retained for official use but are no longer needed?</SUBJECT>
                <P>Non-monetary gifts or decorations that were retained for official use must be reported to GSA as excess property within 30 days after termination of the official use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.95</SECTNO>
                <SUBJECT>How do we report gifts and decorations as excess personal property?</SUBJECT>
                <P>You must complete a Standard Form (SF) 120, Report of Excess Personal Property, and send it to the General Services Administration, Property Management Division (FBP), Washington, DC 20406. Conspicuously mark the SF 120, “FOREIGN GIFTS AND/OR DECORATIONS”, and include the following information:</P>
                <GPOTABLE CDEF="s50,r150" COLS="2" OPTS="L2,tp0,p9,8/9,g1,t1">
                  <BOXHD>
                    <CHED H="1">Entry</CHED>
                    <CHED H="1">Description</CHED>
                  </BOXHD>
                  <ROW RUL="s">
                    <ENT I="01">(a) Identity of Employee </ENT>
                    <ENT>Give the name and position of the employee.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(b) Description of Item </ENT>
                    <ENT>Give a full description of the gift or decoration, including the title of the decoration.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(c) Identity of Foreign Government </ENT>
                    <ENT>Give the identity of the foreign government (if known) and the name and position of the individual who presented the gift or decoration.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(d) Date of Acceptance </ENT>
                    <ENT>Give the date the gift or decoration was accepted by the employee.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(e) Appraised Value </ENT>
                    <ENT>Give the appraised value in United States dollars of the gift or decoration, including the cost of the appraisal. (The employingagency must obtain a commercial appraisal before the gift is offered for sale to the employee.)</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(f) Current Location of Item </ENT>
                    <ENT>Give the current location of the gift or decoration.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(g) Employing Agency Contact Person </ENT>
                    <ENT>Give the name, address, and telephone number of the accountable official in the employing agency.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <PRTPAGE P="60"/>
                    <ENT I="01">(h) Purchase Interest or Donation Recommendation </ENT>
                    <ENT>Indicate whether the employee wants to buy the gift, or whether the employee wants the gift or decoration donated to an eligible donee through GSA's surplus donation program. Document this interest in a letter outlining any special significance of the gift or decoration to the proposed donee. Also provide the mailing address and telephone number of both the employee and the proposed donee.</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="01">(i) Administration </ENT>
                    <ENT>Give the Administration in which the gift or decoration was received (for example, Clinton Administration).</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(j) Multiple Items </ENT>
                    <ENT>Identify each gift or decoration as a separate line item. Report multiple gift items that make up a set (for example, a tea set, anecklace and matching earrings) as a single line item.</ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.100</SECTNO>
                <SUBJECT>How can we obtain an excess gift or decoration from another agency?</SUBJECT>
                <P>To obtain an excess gift or decoration from another agency, you would complete a Standard Form (SF) 122, Transfer Order Excess Personal Property, or any other transfer order form approved by GSA, for the desired item(s) and submit the form to the General Services Administration, Property Management Division (FBP), Washington, DC 20406.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.105</SECTNO>
                <SUBJECT>What special information must be included on the SF 122?</SUBJECT>
                <P>Conspicuously mark the SF 122, “FOREIGN GIFTS AND/OR DECORATIONS”, and include all information furnished by the employing agency as specified in § 102-42.95. Also, include on the form the following statement: “At such time as these items are no longer required, they will be reported to the General Services Administration, Property Management Division (FBP), Washington, DC 20406, and will be identified as foreign gift items and cross-referenced to this transfer order number.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.110</SECTNO>
                <SUBJECT>How must we justify a transfer request?</SUBJECT>
                <P>You may only request excess gifts and decorations for public display or other bona fide agency use and not for the personal benefit of any individual. GSA may require that transfer orders be supported by justifications for the intended display or official use of requested gifts and decorations. Jewelry and watches that are transferred for official display must be displayed with adequate provisions for security.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.115</SECTNO>
                <SUBJECT>What must we do when the transferred gifts and decorations are no longer required for official use?</SUBJECT>
                <P>When transferred gifts and decorations are no longer required for official use, report these gifts and decorations to the GSA as excess property on a SF 120, including the original transfer order number or a copy of the original transfer order.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Donation of Foreign Gifts and Decorations</HD>
              <SECTION>
                <SECTNO>§ 102-42.120</SECTNO>
                <SUBJECT>When may gifts or decorations be donated to State agencies?</SUBJECT>
                <P>If there is no Federal requirement for the gifts or decorations, and if gifts were not sold to the employee, GSA may make the gifts or decorations available for donation to State agencies under this subpart and part 101-44 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.125</SECTNO>
                <SUBJECT>How is donation of gifts or decorations accomplished?</SUBJECT>

                <P>The State Agencies for Surplus Property (SASP) must initiate the process on behalf of a prospective donee (e.g., units of State or local governments <PRTPAGE P="61"/>and eligible non-profit organizations) by:</P>
                <P>(a) Completing a Standard Form (SF) 123, Transfer Order Surplus Personal Property, and submitting it to General Services Administration, Property Management Division (FBP), Washington, DC 20406. Conspicuously mark the SF 123 with the words, “FOREIGN GIFTS AND/OR DECORATIONS.”</P>
                <P>(b) Attaching an original and two copies of a letter of intent to each SF 123 submitted to GSA. An authorized representative of the proposed donee must sign and date the letter, setting forth a detailed plan for use of the property. The letter of intent must provide the following information:</P>
                <P>(1) Identifying the donee applicant, including its legal name and complete address, its status as a public agency or as an eligible nonprofit tax-exempt activity, and the name, title, and telephone number of its authorized representative;</P>
                <P>(2) A description of the gift or decoration requested, including the gift's commercially appraised value or estimated fair market value if no commercial appraisal was performed; and</P>
                <P>(3) Details on the planned use of the gift or decoration, including where and how it will be used and how it will be safeguarded.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.130</SECTNO>
                <SUBJECT>Are there special requirements for the donation of gifts and decorations?</SUBJECT>
                <P>Yes, GSA imposes special handling and use limitations on the donation of gifts and decorations. The SASP distribution document must contain or incorporate by reference the following:</P>
                <P>(a) The donee must display or use the gift or decoration in accordance with its GSA-approved letter of intent.</P>
                <P>(b) There must be a period of restriction which will expire after the gift or decoration has been used for the purpose stated in the letter of intent for a period of 10 years, except that GSA may restrict the use of the gift or decoration for such other period when the inherent character of the property justifies such action.</P>
                <P>(c) The donee must allow the right of access to the donee's premises at reasonable times for inspection of the gift or decoration by duly authorized representatives of the SASP or the U.S. Government.</P>
                <P>(d) During the period of restriction, the donee must not:</P>
                <P>(1) Sell, trade, lease, lend, bail, encumber, cannibalize or dismantle for parts, or otherwise dispose of the property;</P>
                <P>(2) Remove it permanently for use outside the State;</P>
                <P>(3) Transfer title to the gift or decoration directly or indirectly; or</P>
                <P>(4) Do or allow anything to be done that would contribute to the gift or decoration being seized, attached, lost, stolen, damaged, or destroyed.</P>
                <P>(e) If the gift or decoration is no longer suitable, usable, or needed by the donee for the stated purpose of donation during the period of restriction, the donee must promptly notify the General Services Administration, Property Management Division (FBP), Washington, DC 20406, through the SASP, and upon demand by GSA, title and right to possession of the gift or decoration reverts to the U.S. Government. In this event, the donee must comply with transfer or disposition instructions furnished by GSA through the SASP, and pay the costs of transportation, handling, and reasonable insurance during transportation.</P>
                <P>(f) The donee must comply with all additional conditions covering the handling and use of any gift or decoration imposed by GSA.</P>
                <P>(g) If the donee fails to comply with the conditions or limitations during the period of restriction, the SASP may demand return of the gift or decoration and, upon such demand, title and right to possession of the gift or decoration reverts to the U.S. Government. In this event, the donee must return the gift or decoration in accordance with instructions furnished by the SASP, with costs of transportation, handling, and reasonable insurance during transportation to be paid by the donee or as directed by the SASP.</P>

                <P>(h) If the gift or decoration is lost, stolen, or cannot legally be recovered or returned for any other reason, the donee must pay to the U.S. Government the fair market value of the gift or decoration at the time of its loss, theft, or at the time that it became unrecoverable as determined by GSA. If <PRTPAGE P="62"/>the gift or decoration is damaged or destroyed, the SASP may require the donee to:</P>
                <P>(1) Return the item and pay the difference between its former fair market value and its current fair market value; or</P>
                <P>(2) Pay the fair market value, as determined by GSA, of the item had it not been damaged or destroyed.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Sale or Destruction of Foreign Gifts and Decorations</HD>
              <SECTION>
                <SECTNO>§ 102-42.135</SECTNO>
                <SUBJECT>Whose approval must be obtained before a foreign gift or decoration is offered for public sale?</SUBJECT>
                <P>The Secretary of State or the Secretary's designee must approve any sale of foreign gifts or decorations (except sale of foreign gifts to the employee, that is approved in this part).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.140</SECTNO>
                <SUBJECT>How is a sale of a foreign gift or decoration to an employee conducted?</SUBJECT>
                <P>Foreign gifts and decorations must be offered first through negotiated sales to the employee who has indicated an interest in purchasing the item. The sale price must be the commercially appraised value of the gift plus the cost of the appraisal. Sales must be conducted and documented in accordance with part 101-45 of this title.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.145</SECTNO>
                <SUBJECT>When is public sale of a foreign gift or decoration authorized?</SUBJECT>
                <P>A public sale is authorized if a foreign gift or decoration:</P>
                <P>(a) Survives Federal utilization screening;</P>
                <P>(b) Is not purchased by the employee;</P>
                <P>(c) Survives donation screening; and</P>
                <P>(d) Is approved by the Secretary of State or designee.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.150</SECTNO>
                <SUBJECT>What happens to proceeds from sales?</SUBJECT>
                <P>The proceeds from the sale of foreign gifts or decorations must be deposited in the Treasury as miscellaneous receipts, unless otherwise authorized.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-42.155</SECTNO>
                <SUBJECT>Can foreign gifts or decorations be destroyed?</SUBJECT>
                <P>Yes, foreign gifts or decorations that are not sold under this part may be destroyed and disposed of as scrap or for their material content under part 101-45 of this title.</P>
              </SECTION>
            </SUBPART>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="63"/>
          <HD SOURCE="HED">SUBCHAPTER C—REAL PROPERTY</HD>
          <PART>
            <EAR>Pt. 102-71</EAR>
            <HD SOURCE="HED">PART 102-71—GENERAL</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-71.5</SECTNO>
              <SUBJECT>What are the scope and philosophy of the General Services Administration's (GSA) real property policies?</SUBJECT>
              <SECTNO>102-71.10</SECTNO>
              <SUBJECT>How are these policies organized?</SUBJECT>
              <SECTNO>102-71.15</SECTNO>
              <SUBJECT>What happens if the policy statements in this part and parts 102-72 through 102-82 of this chapter conflict with policy statements in 41 CFR parts 101-6, 101-17 through 101-20, 101-33, and 101-47?</SUBJECT>
              <SECTNO>102-71.20</SECTNO>
              <SUBJECT>What definitions apply to GSA's real property policies?</SUBJECT>
              <SECTNO>102-71.25</SECTNO>
              <SUBJECT>Who must comply with GSA's real property policies?</SUBJECT>
              <SECTNO>102-71.30</SECTNO>
              <SUBJECT>How must these real property policies be implemented?</SUBJECT>
              <SECTNO>102-71.35</SECTNO>
              <SUBJECT>Are agencies allowed to deviate from GSA's real property policies?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-71.5</SECTNO>
              <SUBJECT>What are the scope and philosophy of the General Services Administration's (GSA) real property policies?</SUBJECT>
              <P>GSA's real property policies contained in this part and parts 102-72 through 102-82 of this chapter apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services. These policies cover the acquisition, management, and utilization and disposal of real property by Federal agencies that initiate and have decisionmaking authority over actions for real property services. The detailed guidance implementing these policies is contained in separate customer service guides.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.10</SECTNO>
              <SUBJECT>How are these policies organized?</SUBJECT>
              <P>GSA has divided its real property policies into the following functional areas:</P>
              <P>(a) Delegation of authority;</P>
              <P>(b) Real estate acquisition;</P>
              <P>(c) Facility management;</P>
              <P>(d) Real property disposal;</P>
              <P>(e) Design and construction;</P>
              <P>(f) Art-in-architecture;</P>
              <P>(g) Historic preservation;</P>
              <P>(h) Assignment and utilization of space;</P>
              <P>(i) Safety and environmental management;</P>
              <P>(j) Security; and</P>
              <P>(k) Utility services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.15</SECTNO>
              <SUBJECT>What happens if the policy statements in this part and parts 102-72 through 102-82 of this chapter conflict with policy statements in 41 CFR parts 101-6, 101-17 through 101-20, 101-33, and 101-47?</SUBJECT>
              <P>The policies in this part and parts 102-72 through 102-82 of this chapter apply to 41 CFR parts 101-17 through 101-20, 101-33, and 101-47. To the extent that any policy statements elsewhere in 41 CFR parts 101-17 through 101-20, 101-33, and 101-47 are inconsistent with the policy statements in this part and parts 102-72 through 102-82 of this chapter, the policy statements in this chapter are controlling.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.20</SECTNO>
              <SUBJECT>What definitions apply to GSA's real property policies?</SUBJECT>
              <P>The following definitions apply to GSA's real property policies:</P>
              <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.</P>
              <P>
                <E T="03">Federal agency</E> means any Executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his or her direction).</P>
              <P>
                <E T="03">Federal Government real property services provider</E> means any Federal Government entity operating under, or subject to, the authorities of the Administrator of General Services, that provides real property services to Federal agencies. This definition also includes private sector firms under contract with Federal agencies that deliver real property services to Federal agencies. This definition excludes any entity operating under, or subject to, authorities other than those of the Administrator of General Services.<PRTPAGE P="64"/>
              </P>
              <P>
                <E T="03">Public building</E> means:</P>
              <P>(1) Any building which is suitable for office and/or storage space for the use of one or more Federal agencies or mixed ownership corporations, such as Federal office buildings, post offices, customhouses, courthouses, border inspection facilities, warehouses, and any such building designated by the President. It also includes buildings of this sort that are acquired by the Federal Government under the Administrator's installment-purchase, lease-purchase, and purchase-contract authorities.</P>
              <P>(2) <E T="03">Public building</E> does not include buildings:</P>
              <P>(i) On the public domain.</P>
              <P>(ii) In foreign countries.</P>
              <P>(iii) On Indian and native Eskimo properties held in trust by the United States.</P>
              <P>(iv) On lands used in connection with Federal programs for agricultural, recreational, and conservation purposes.</P>
              <P>(v) On or used in connection with river, harbor, flood control, reclamation or power projects, or for chemical manufacturing or development projects, or for nuclear production, research, or development projects.</P>
              <P>(vi) On or used in connection with housing and residential projects.</P>
              <P>(vii) On military installations.</P>
              <P>(viii) On Department of Veteran's Affairs' installations used for hospital or domiciliary purposes.</P>
              <P>(ix) Excluded by the President.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.25</SECTNO>
              <SUBJECT>Who must comply with GSA's real property policies?</SUBJECT>
              <P>Federal agencies operating under, or subject to, the authorities of the Administrator of General Services must comply with these policies.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.30</SECTNO>
              <SUBJECT>How must these real property policies be implemented?</SUBJECT>
              <P>Each Federal Government real property services provider must provide services that are in accord with the policies presented in parts 102-71 through 102-82 of this chapter. Also, Federal agencies must make the provisions of any contract with private sector real property services providers conform to the policies in parts 102-71 through 102-82 of this chapter.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-71.35</SECTNO>
              <SUBJECT>Are agencies allowed to deviate from GSA's real property policies?</SUBJECT>
              <P>Yes, see § § 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of these real property policies.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-72</EAR>
            <HD SOURCE="HED">PART 102-72—DELEGATION OF AUTHORITY</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-72.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-72.10</SECTNO>
              <SUBJECT>What basic policy governs delegation of authority to Federal agencies?</SUBJECT>
              <SECTNO>102-72.15</SECTNO>
              <SUBJECT>What criteria must a delegation meet?</SUBJECT>
              <SECTNO>102-72.20</SECTNO>
              <SUBJECT>Are there limitations on this delegation of authority?</SUBJECT>
              <SECTNO>102-72.25</SECTNO>
              <SUBJECT>What are the different types of delegations of authority?</SUBJECT>
              <SECTNO>102-72.30</SECTNO>
              <SUBJECT>What are the different types of delegations related to real estate leasing?</SUBJECT>
              <SECTNO>102-72.35</SECTNO>
              <SUBJECT>What are the requirements for obtaining an ACO delegation from GSA?</SUBJECT>
              <SECTNO>102-72.40</SECTNO>
              <SUBJECT>What are facility management delegations?</SUBJECT>
              <SECTNO>102-72.45</SECTNO>
              <SUBJECT>What are the different types of delegations related to facility management?</SUBJECT>
              <SECTNO>102-72.50</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of real property management and operation authority from GSA?</SUBJECT>
              <SECTNO>102-72.55</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of real property management and operation authority from GSA?</SUBJECT>
              <SECTNO>102-72.60</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <SECTNO>102-72.65</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <SECTNO>102-72.70</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>
              <SECTNO>102-72.75</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>
              <SECTNO>102-72.80</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a disposal of real property delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.85</SECTNO>
              <SUBJECT>What are the requirements for obtaining a disposal of real property delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.90</SECTNO>

              <SUBJECT>What are Executive agencies' responsibilities under a security delegation of authority from GSA?<PRTPAGE P="65"/>
              </SUBJECT>
              <SECTNO>102-72.95</SECTNO>
              <SUBJECT>What are the requirements for obtaining a security delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.100</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a utility service delegation of authority from GSA?</SUBJECT>
              <SECTNO>102-72.105</SECTNO>
              <SUBJECT>What are the requirements for obtaining a utility services delegation of authority from GSA? </SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c), (d) and (e).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-72.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.10</SECTNO>
              <SUBJECT>What basic policy governs delegation of authority to Federal agencies?</SUBJECT>
              <P>The Administrator of General Services may delegate and may authorize successive redelegations of the real property authority vested in the Administrator to any Federal agency.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.15</SECTNO>
              <SUBJECT>What criteria must a delegation meet?</SUBJECT>
              <P>Delegations must be in the Government's best interest, which means that GSA must evaluate such factors as whether a delegation would be cost effective for the Government in the delivery of space.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.20</SECTNO>
              <SUBJECT>Are there limitations on this delegation of authority?</SUBJECT>
              <P>Federal agencies must exercise delegated real property authority and functions according to the parameters described in each delegation of authority document, and Federal agencies may only exercise the authority of the Administrator that is specifically provided within the delegation of authority document.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.25</SECTNO>
              <SUBJECT>What are the different types of delegations of authority?</SUBJECT>
              <P>The basic types of GSA Delegations of Authority are:</P>
              <P>(a) Delegation of Leasing Authority;</P>
              <P>(b) Delegation of Real Property Management and Operation Authority;</P>
              <P>(c) Delegation of Individual Repair and Alteration Project Authority;</P>
              <P>(d) Delegation of Lease Management Authority (Contracting Office Representative Authority);</P>
              <P>(e) Delegation of Administrative Contracting Officer (ACO) Authority;</P>
              <P>(f) Delegation of Real Property Disposal Authority;</P>
              <P>(g) Security Delegation of Authority; and</P>
              <P>(h) Utility Services Delegation of Authority.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.30</SECTNO>
              <SUBJECT>What are the different types of delegations related to real estate leasing?</SUBJECT>
              <P>Delegations related to real estate leasing include the following:</P>
              <P>(a) Categorical space delegations, Agency special purpose space delegations, and delegations to specific agencies for certain space and lands outside urban areas (see § 101-18.104 of this title).</P>
              <P>(b) The Administrator of General Services has issued a standing delegation of authority (under a program known as “Can't Beat GSA Leasing”) to the heads of all Federal agencies to accomplish all functions relating to leasing of general purpose space for terms of up to 20 years regardless of geographic location. This delegation includes some conditions Federal agencies must meet when conducting the procurement themselves, such as training in lease contracting and reporting data to GSA.</P>
              <P>(c) An Administrative Contracting Officer (ACO) delegation, in addition to lease management authority, provides Federal agencies with limited contracting officer authority to perform such duties as paying and withholding lessor rent and modifying lease provisions that don't change the lease term length or the amount of space under lease.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.35</SECTNO>
              <SUBJECT>What are the requirements for obtaining an ACO delegation from GSA?</SUBJECT>
              <P>When Federal agencies don't exercise the delegation of authority for general purpose space mentioned in § 102-72.30(b), GSA may consider granting an ACO delegation when Federal agencies:</P>

              <P>(a) Occupy at least 90 percent of the building's GSA-controlled space or <PRTPAGE P="66"/>Federal agencies have the written concurrence of 100 percent of rent-paying occupants covered under the lease; and</P>
              <P>(b) Have the technical capability to perform the leasing function.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.40</SECTNO>
              <SUBJECT>What are facility management delegations?</SUBJECT>
              <P>Facility management delegations give Executive agencies authority to operate and manage buildings day to day, to perform individual repair and alteration projects and manage real property leases.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.45</SECTNO>
              <SUBJECT>What are the different types of delegations related to facility management?</SUBJECT>
              <P>The principal types of delegations involved in the management of facilities are:</P>
              <P>(a) Real property management and operation authority;</P>
              <P>(b) Individual repair and alteration project authority; and</P>
              <P>(c) Lease management authority (contracting officer representative authority).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.50</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of real property management and operation authority from GSA?</SUBJECT>
              <P>With this delegation, Executive agencies have the authority to operate and manage buildings day to day. Delegated functions may include building operations, maintenance, recurring repairs, minor alterations, historic preservation, concessions, and energy management of specified buildings subject to the conditions in the delegation document.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.55</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of real property management and operation authority from GSA?</SUBJECT>
              <P>An Executive agency may be delegated real property management and operation authority when it:</P>
              <P>(a) Occupies at least 90 percent of the space in the Government-controlled facility or has the concurrence of 100 percent of the rent-paying occupants to perform these functions; and</P>
              <P>(b) Demonstrates that it can perform the delegated real property management and operation responsibilities.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.60</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <P>With this delegation of authority, Executive agencies have the responsibility to perform individual repair and alterations projects. Executive agencies are delegated repair and alterations authority for reimbursable space alteration projects up to the simplified acquisition threshold, under § 101-20.106 of this title.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.65</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of individual repair and alteration project authority from GSA?</SUBJECT>
              <P>Executive agencies may be delegated repair and alterations authority for other individual alteration projects when they demonstrate the ability to perform the delegated repair and alterations responsibilities and when such a delegation promotes efficiency and economy.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.70</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>
              <P>When an Executive agency does not exercise the delegation of authority mentioned in § 102-72.30(b) to lease general purpose space itself, it may be delegated, upon request, lease management authority to manage the administration of one or more lease contracts awarded by GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.75</SECTNO>
              <SUBJECT>What are the requirements for obtaining a delegation of lease management authority (contracting officer representative authority) from GSA?</SUBJECT>
              <P>An Executive agency may be delegated lease management authority when it:</P>
              <P>(a) Occupies at least 90 percent of the building's GSA-controlled space or has the written concurrence of 100 percent of rent-paying occupants covered under the lease to perform this function; and</P>
              <P>(b) Demonstrates the ability to perform the delegated lease management responsibilities.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="67"/>
              <SECTNO>§ 102-72.80</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a disposal of real property delegation of authority from GSA?</SUBJECT>
              <P>With this delegation, Executive agencies have the authority to utilize and dispose of excess or surplus real and related personal property and to grant approvals and make determinations subject to the conditions in the delegation document.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.85</SECTNO>
              <SUBJECT>What are the requirements for obtaining a disposal of real property delegation of authority from GSA?</SUBJECT>
              <P>While disposal delegations to Executive agencies are infrequent, GSA may delegate authority to them based on situations involving certain low-value properties and when they can demonstrate that they have the technical expertise to perform the disposition functions. GSA may grant special delegations of authority to Executive agencies for the utilization and disposal of certain real property through the procedures set forth in part 101-47, subpart 101-47.6, of this title.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.90</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a security delegation of authority from GSA?</SUBJECT>
              <P>With a security delegation, Executive agencies have the authority and responsibility to protect persons and property at the locations identified in the delegation document.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.95</SECTNO>
              <SUBJECT>What are the requirements for obtaining a security delegation of authority from GSA?</SUBJECT>
              <P>Executive agencies may be delegated security authority when any of the following conditions exist:</P>
              <P>(a) A clear and unique security requirement;</P>
              <P>(b) A critical national security issue;</P>
              <P>(c) An intelligence or law enforcement mission; or</P>
              <P>(d) The current security contractor is ineffective.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.100</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities under a utility service delegation of authority from GSA?</SUBJECT>
              <P>With this delegation, Executive agencies have the authority to negotiate and execute utility services contracts for periods over one year but not exceeding ten years for their use and benefit. Agencies also have the authority to intervene in utility rate proceedings to represent the consumer interests of the Federal Government, if so provided in the delegation of authority.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-72.105</SECTNO>
              <SUBJECT>What are the requirements for obtaining a utility services delegation of authority from GSA?</SUBJECT>
              <P>Executive agencies may be delegated utility services authority when they have the technical expertise and adequate staffing.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-73</EAR>
            <HD SOURCE="HED">PART 102-73—REAL ESTATE ACQUISITION</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-73.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-73.10</SECTNO>
              <SUBJECT>What is the basic real estate acquisition policy?</SUBJECT>
              <SECTNO>102-73.15</SECTNO>
              <SUBJECT>What real estate acquisition and related services must Federal agencies provide?</SUBJECT>
              <SECTNO>102-73.20</SECTNO>
              <SUBJECT>When may Federal agencies consider leases of privately owned land and buildings to satisfy their space needs?</SUBJECT>
              <SECTNO>102-73.25</SECTNO>
              <SUBJECT>Are Federal agencies required to give priority consideration to space in buildings under the custody and control of the United States Postal Service in fulfilling Federal agency space needs?</SUBJECT>
              <SECTNO>102-73.30</SECTNO>
              <SUBJECT>On what basis must Federal agencies acquire leases?</SUBJECT>
              <SECTNO>102-73.35</SECTNO>
              <SUBJECT>Are Executive agencies required to acquire leased space by negotiation?</SUBJECT>
              <SECTNO>102-73.40</SECTNO>
              <SUBJECT>Is the CICA applicable to lease acquisition?</SUBJECT>
              <SECTNO>102-73.45</SECTNO>
              <SUBJECT>What policy must Executive agencies comply with in locating Federal facilities?</SUBJECT>
              <SECTNO>102-73.50</SECTNO>
              <SUBJECT>What historic preservation provisions must Federal agencies comply with when acquiring space by lease?</SUBJECT>
              <SECTNO>102-73.55</SECTNO>
              <SUBJECT>With whom may Federal agencies enter into lease agreements?</SUBJECT>
              <SECTNO>102-73.60</SECTNO>
              <SUBJECT>Are there any limitations on leasing certain space?</SUBJECT>
              <SECTNO>102-73.65</SECTNO>
              <SUBJECT>When may Federal agencies consider acquiring leases with purchase options?</SUBJECT>
              <SECTNO>102-73.70</SECTNO>
              <SUBJECT>What scoring rules must Federal agencies follow when considering leases and leases with purchase options?</SUBJECT>
              <SECTNO>102-73.75</SECTNO>
              <SUBJECT>When may Federal agencies consider purchase of buildings?</SUBJECT>
              <SECTNO>102-73.80</SECTNO>
              <SUBJECT>What factors must Executive agencies consider when purchasing sites?</SUBJECT>
              <SECTNO>102-73.85</SECTNO>

              <SUBJECT>What land acquisition policy must Federal agencies follow?<PRTPAGE P="68"/>
              </SUBJECT>
              <SECTNO>102-73.90</SECTNO>
              <SUBJECT>What relocation assistance policy must Federal agencies follow?</SUBJECT>
              <SECTNO>102-73.95</SECTNO>
              <SUBJECT>Is a prospectus required for all acquisition, construction or alteration projects?</SUBJECT>
              <SECTNO>102-73.100</SECTNO>
              <SUBJECT>What happens if the project exceeds the prospectus threshold?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c); Sec. 3(c), Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note); 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>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-73.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.10</SECTNO>
              <SUBJECT>What is the basic real estate acquisition policy?</SUBJECT>
              <P>If suitable Government-controlled space is unavailable, Executive agencies must acquire real estate and related services in an efficient and cost effective manner.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.15</SECTNO>
              <SUBJECT>What real estate acquisition and related services must Federal agencies provide?</SUBJECT>
              <P>Federal agencies, upon approval from GSA, may provide real estate and related services, including leases (with and without purchase options), building purchase, purchase of sites, condemnation, and relocation assistance.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.20</SECTNO>
              <SUBJECT>When may Federal agencies consider leases of privately owned land and buildings to satisfy their space needs?</SUBJECT>
              <P>Federal agencies may consider leases of privately owned land and buildings only when needs cannot be satisfactorily met in Government-controlled space and one or more of the following conditions exist:</P>
              <P>(a) Leasing is more advantageous to the Government than constructing a new building, or more advantageous than altering an existing Federal building;</P>
              <P>(b) New construction or alteration is unwarranted because demand for space in the community is insufficient, or is indefinite in scope or duration; or</P>
              <P>(c) Federal agencies cannot provide for the completion of a new building within a reasonable time.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.25</SECTNO>
              <SUBJECT>Are Federal agencies required to give priority consideration to space in buildings under the custody and control of the United States Postal Service in fulfilling Federal agency space needs?</SUBJECT>
              <P>Yes, after considering the availability of GSA-controlled space, Federal agencies must extend priority consideration to available space in buildings under the custody and control of the United States Postal Service (USPS) in fulfilling Federal agency space needs.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.30</SECTNO>
              <SUBJECT>On what basis must Federal agencies acquire leases?</SUBJECT>
              <P>Federal agencies must acquire leases on the most favorable basis to the Federal Government, with due consideration to maintenance and operational efficiency, and at charges consistent with prevailing market rates for comparable facilities in the community.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.35</SECTNO>
              <SUBJECT>Are Executive agencies required to acquire leased space by negotiation?</SUBJECT>
              <P>Yes, Executive agencies must acquire leased space by negotiation, except where the sealed bid procedure is required by the Competition in Contracting Act of 1984 (CICA), as amended (41U.S.C. 253(a)). See also 40 U.S.C. 618(b) with respect to the use of competitive procedures for the acquisition of leaseholds in buildings constructed for Federal Government use.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.40</SECTNO>
              <SUBJECT>Is the CICA applicable to lease acquisition?</SUBJECT>
              <P>Yes, Executive agencies must obtain full and open competition among suitable locations meeting minimum Government requirements, except as otherwise provided by CICA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.45</SECTNO>
              <SUBJECT>What policy must Executive agencies comply with in locating Federal facilities?</SUBJECT>
              <P>When acquiring space by lease, Executive agencies must comply with the location policies in § 101-17.205 and § 102-79.90(E.O. 13006 (61 FR 26071, 3 CFR, 1996 Comp., p. 195)) of this title.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="69"/>
              <SECTNO>§ 102-73.50</SECTNO>
              <SUBJECT>What historic preservation provisions must Federal agencies comply with when acquiring space by lease?</SUBJECT>
              <P>When acquiring space by lease, Federal agencies must comply with the provisions of section 110(a) of the National HistoricPreservation Act of 1966, as amended, (16 U.S.C. 470h-2(a)), regarding the use of historic properties.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.55</SECTNO>
              <SUBJECT>With whom may Federal agencies enter into lease agreements?</SUBJECT>

              <P>Federal agencies, upon approval from GSA, may enter into lease agreements with any person, copartnership, corporation, or other public or private entity, which do not bind the Government for periods in excess of twenty years (40 U.S.C. 490(h)(1)). This policy does not include persons who might otherwise be barred from contracting with the Federal Government (<E T="03">e.g.,</E> debarred or suspended contractors or Members of Congress).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.60</SECTNO>
              <SUBJECT>Are there any limitations on leasing certain space?</SUBJECT>
              <P>Yes, the limitations on leasing certain space are as follows:</P>
              <P>(a) In general, Federal agencies may not lease any space to accommodate computer and telecommunications operations; secure or sensitive activities related to the national defense or security; or a permanent courtroom, judicial chamber, or administrative office for any United States court, if the average annual net rental cost of leasing such space would exceed the prospectus threshold (40 U.S.C. 606(e)).</P>
              <P>(b) Federal agencies may lease such space only if the Administrator of General Services first determines that leasing such space is necessary to meet requirements which cannot be met in public buildings and submits such reasons to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives in accordance with 40 U.S.C. 606(e).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.65</SECTNO>
              <SUBJECT>When may Federal agencies consider acquiring leases with purchase options?</SUBJECT>
              <P>Agencies may consider leasing with a purchase option at or below fair market value when one or more of the following conditions exist:</P>
              <P>(a) The purchase option offers economic and other advantages to the Government and is consistent with the Government's goals;</P>
              <P>(b) The Government is the sole or major tenant of the building, and has a long-term need for the property; or</P>
              <P>(c) Leasing with a purchase option is otherwise in the best interest of the Government.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.70</SECTNO>
              <SUBJECT>What scoring rules must Federal agencies follow when considering leases and leases with purchase options?</SUBJECT>
              <P>All Federal agencies must follow the budget scorekeeping rules for leases, capital leases, and lease-purchases identified in appendices A and B of OMB Circular A-11 (For availability, see 5 CFR 1310.3).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.75</SECTNO>
              <SUBJECT>When may Federal agencies consider purchase of buildings?</SUBJECT>
              <P>Agencies may consider purchase of buildings on a case-by-case basis when one or more of the following conditions exist:</P>
              <P>(a) It is economically more beneficial to own and manage the property;</P>
              <P>(b) There is a long-term need for the property;</P>
              <P>(c) The property is an existing building, or a building nearing completion, that can be purchased and occupied within a reasonable time; or</P>
              <P>(d) When otherwise in the best interests of the Government.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.80</SECTNO>
              <SUBJECT>What factors must Executive agencies consider when purchasing sites?</SUBJECT>

              <P>Agencies must locate proposed Federal buildings on sites that are most advantageous to the United States. Executive agencies must consider factors such as whether the site will contribute to economy and efficiency in the construction, maintenance and operation of the individual building, and how the proposed site relates to the <PRTPAGE P="70"/>Government's total space needs in the community. Prior to acquiring, constructing or leasing buildings (or sites for such buildings), Federal agencies must use, to the maximum extent feasible, historic properties available to the agency. In site selections, Executive agencies must consider Executive Orders 12072 (3 CFR, 1978 Comp., p. 213) and 13006 (40 U.S.C. 601a note). In addition, Executive agencies must consider all of the following:</P>
              <P>(a) 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 part 101-47, subpart 101-47.8, of this title.</P>
              <P>(b) 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.</P>

              <P>(c) The environmental condition of proposed sites prior to purchase: The sites must be free from contamination, unless it is otherwise determined to be in the best interests of the Government to purchase a contaminated site (<E T="03">e.g.,</E> reuse of a site under an established “Brownsfields” program).</P>
              <P>(d) Purchase options to secure the future availability of a site.</P>

              <P>(e) All applicable policies concerning the location of Federal facilities (<E T="03">e.g.,</E> to give first priority to locating facilities in rural areas under the Rural Development Act (7U.S.C. 2204b-1)).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.85</SECTNO>
              <SUBJECT>What land acquisition policy must Federal agencies follow?</SUBJECT>
              <P>Federal agencies must follow a land acquisition policy that:</P>
              <P>(a) Encourages and expedites the acquisition of real property by agreements with owners;</P>
              <P>(b) Avoids litigation, including condemnation actions, where possible and relieves congestion in the courts;</P>
              <P>(c) Provides for consistent treatment of owners; and</P>
              <P>(d) Promotes public confidence in Federal land acquisition practices.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.90</SECTNO>
              <SUBJECT>What relocation assistance policy must Federal agencies follow?</SUBJECT>
              <P>Federal agencies, upon approval from GSA, must provide appropriate relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. 4651-4655) to eligible owners and tenants of property purchased for use by Federal agencies. Appropriate relocation assistance means that the Federal agency must pay the displaced person for actual reasonable moving expenses (in moving himself, his family, business, etc.); actual direct losses of tangible personal property as a result of moving or discontinuing a business; actual reasonable expenses in searching for a replacement business or farm; and actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed $10,000. The implementing regulations are found in 49 CFR part 24 (see § 105-51.000 of this title).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-73.95</SECTNO>
              <SUBJECT>Is a prospectus required for all acquisition, construction or alteration projects?</SUBJECT>
              <P>(a) No, a prospectus is not required if the dollar value of a project does not exceed the prospectus threshold. The Public Buildings Act of 1959, as amended, 40 U.S.C. 601-619, establishes a prospectus threshold, applicable to Federal agencies operating under, or subject to, the authorities of the Administrator of General Services, for the construction, alteration, purchase, and acquisition of any building to be used as a public building, and establishes a prospectus threshold to lease any space for use for public purposes. (Because of the important role the prospectus approval process plays in the budget preparation and planning process and with Congressional oversight responsibilities, Federal agencies must continue to prepare and submit prospectuses for all projects that exceed the prospectus threshold identified in § 102-73.55. All GSA delegations of leasing, alteration, and construction authority are subject to this policy.)</P>
              <P>(b) Public Law 104-66, 109 Stat. 734, eliminated the prospectus submission requirement of the Public Buildings Act of 1959 (40 U.S.C. 606(a) and 610(b)).</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="71"/>
              <SECTNO>§ 102-73.100</SECTNO>
              <SUBJECT>What happens if the project exceeds the prospectus threshold?</SUBJECT>
              <P>Such projects require approval by the Senate and the House of Representatives if the dollar value exceeds the prospectus threshold. In order to obtain this approval, prospectuses for such projects must be submitted to GSA and the Administrator of General Services will transmit the proposed prospectuses to Congress for consideration by the Senate and the House of Representatives.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-74</EAR>
            <HD SOURCE="HED">PART 102-74—FACILITY MANAGEMENT</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-74.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-74.10</SECTNO>
              <SUBJECT>What is the basic facility management policy?</SUBJECT>
              <SECTNO>102-74.15</SECTNO>
              <SUBJECT>What are occupancy services?</SUBJECT>
              <SECTNO>102-74.20</SECTNO>
              <SUBJECT>What responsibilities do Executive agencies have regarding occupancy services?</SUBJECT>
              <SECTNO>102-74.25</SECTNO>
              <SUBJECT>What standard in providing occupancy services must Executive agencies follow?</SUBJECT>
              <SECTNO>102-74.30</SECTNO>
              <SUBJECT>What building services must Executive agencies provide?</SUBJECT>
              <SECTNO>102-74.35</SECTNO>
              <SUBJECT>What are concessions services?</SUBJECT>
              <SECTNO>102-74.40</SECTNO>
              <SUBJECT>When must Federal agencies provide concessions services?</SUBJECT>
              <SECTNO>102-74.45</SECTNO>
              <SUBJECT>Are Federal agencies required to give blind vendors priority in operating vending facilities?</SUBJECT>
              <SECTNO>102-74.50</SECTNO>
              <SUBJECT>What are conservation programs?</SUBJECT>
              <SECTNO>102-74.55</SECTNO>
              <SUBJECT>What are asset services?</SUBJECT>
              <SECTNO>102-74.60</SECTNO>
              <SUBJECT>What asset services must Executive agencies provide?</SUBJECT>
              <SECTNO>102-74.65</SECTNO>
              <SUBJECT>What standard in providing asset services must Executive agencies follow?</SUBJECT>
              <SECTNO>102-74.70</SECTNO>
              <SUBJECT>What Federal facility ridesharing policy must Executive agencies follow?</SUBJECT>
              <SECTNO>102-74.75</SECTNO>
              <SUBJECT>What steps must Executive agencies take to promote ridesharing at Federal facilities?</SUBJECT>
              <SECTNO>102-74.80</SECTNO>
              <SUBJECT>What specific ridesharing information must Executive agencies report to the Administrator of General Services?</SUBJECT>
              <SECTNO>102-74.85</SECTNO>
              <SUBJECT>Where should Executive agencies send their Federal Facility Ridesharing Reports?</SUBJECT>
              <SECTNO>102-74.90</SECTNO>
              <SUBJECT>Are there any exceptions to these ridesharing reporting requirements?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c); E.O. 12191, 45 FR 7997, 3 CFR, 1980 Comp., p 138.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-74.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.10</SECTNO>
              <SUBJECT>What is the basic facility management policy?</SUBJECT>
              <P>Executive agencies must manage, operate, and maintain Government-owned and leased buildings in a manner that provides for quality space and services consistent with their operational needs and that accomplish overall Government objectives. The management, operation, and maintenance of buildings and building systems must:</P>
              <P>(a) Be cost effective and energy efficient;</P>
              <P>(b) Be adequate to meet the agencies' missions;</P>
              <P>(c) Meet nationally recognized standards; and</P>
              <P>(d) Be at an appropriate level to maintain and preserve the physical plant assets, consistent with available funding.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.15</SECTNO>
              <SUBJECT>What are occupancy services?</SUBJECT>
              <P>Occupancy services are:</P>
              <P>(a) Building services (see § 102-74.30);</P>
              <P>(b) Concession services; and</P>
              <P>(c) Conservation programs.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.20</SECTNO>
              <SUBJECT>What responsibilities do Executive agencies have regarding occupancy services?</SUBJECT>
              <P>Executive agencies, upon approval from GSA, must manage, administer, and enforce the requirements of agreements (such as Memoranda of Understanding, etc.) and contracts that provide for the delivery of occupancy services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.25</SECTNO>
              <SUBJECT>What standard in providing occupancy services must Executive agencies follow?</SUBJECT>

              <P>Executive agencies must provide occupancy services that substantially conform to nationally recognized standards. As needed, Executive agencies may adopt other standards for buildings and services in Federally-<PRTPAGE P="72"/>controlled facilities in order to conform to statutory requirements and to implement cost-reduction efforts.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.30</SECTNO>
              <SUBJECT>What building services must Executive agencies provide?</SUBJECT>
              <P>Executive agencies, upon approval from GSA, must provide:</P>
              <P>(a) Building services such as custodial, solid waste management (including recycling), heating and cooling, landscaping and grounds maintenance, tenant alterations, minor repairs, building maintenance, integrated pest management, signage, parking, and snow removal, at appropriate levels to support Federal agency missions; and</P>
              <P>(b) Arrangements for raising and lowering the United States flags at appropriate times. In addition, agencies must display P.O.W. and M.I.A. flags at locations specified in 36 U.S.C. 189a on P.O.W./M.I.A. flag display days.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.35</SECTNO>
              <SUBJECT>What are concessions services?</SUBJECT>
              <P>Concessions services are services such as dry cleaners, gift shops, vending facilities (onsite preparation facilities, prepackaged facilities, sundry facilities, and vending machines), cafeterias, employee health units, and public pay telephones.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.40</SECTNO>
              <SUBJECT>When must Federal agencies provide concessions services?</SUBJECT>

              <P>Federal agencies, upon approval from GSA, must provide concessions services where building population supports such services and when the availability of existing commercial services is insufficient to meet Federal agency needs. See the Randolph-Sheppard Act, as amended, 20 U.S.C. 107 <E T="03">et seq.,</E> and part 101-20, subpart 101-20.2, of this title.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.45</SECTNO>
              <SUBJECT>Are Federal agencies required to give blind vendors priority in operating vending facilities?</SUBJECT>
              <P>With certain exceptions, the Randolph-Sheppard Act requires that blind persons licensed under the provisions of the Act be authorized to operate vending facilities on any Federal property, including leased buildings. The Act imposes a positive obligation on Federal agencies to have suitable sites for vending facilities in buildings that they acquire.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.50</SECTNO>
              <SUBJECT>What are conservation programs?</SUBJECT>
              <P>Conservation programs are programs that improve energy and water efficiency and promote the use of solar and other renewable energy. These programs must promote and maintain an effective source reduction activity (reducing consumption of resources such as energy, water and paper), resource recovery activity (obtaining materials from the waste stream that can be recycled into new products), and reuse activity (reusing same product before disposition, such as reusing unneeded memos for scratch paper).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.55</SECTNO>
              <SUBJECT>What are asset services?</SUBJECT>
              <P>Asset services include repairs (as opposed to those minor repairs identified in § 102-74.30(a)), alterations, and modernizations for real property assets. Typically, these are the type of repairs and alterations necessary to preserve or enhance the value of the real property asset.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.60</SECTNO>
              <SUBJECT>What asset services must Executive agencies provide?</SUBJECT>
              <P>Executive agencies, upon approval from GSA, must provide asset services such as repairs (in addition to those minor repairs identified in § 102-74.30(a)), alterations, and modernizations for real property assets. Federal agencies must follow the prospectus submission and approval policy identified in § § 102-73.95 and 102-73.100.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.65</SECTNO>
              <SUBJECT>What standard in providing asset services must Executive agencies follow?</SUBJECT>
              <P>Executive agencies must provide asset services that maintain continuity of Government operations, continue efficient building operations, extend the useful life of buildings and related building systems, and provide a quality workplace environment that enhances employee productivity.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="73"/>
              <SECTNO>§ 102-74.70</SECTNO>
              <SUBJECT>What Federal facility ridesharing policy must Executive agencies follow?</SUBJECT>
              <P>Executive agencies must actively promote the use of ridesharing (carpools, vanpools, privately leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facilities to conserve energy, reduce congestion, improve air quality, and provide an economical way for Federal employees to commute to work.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.75</SECTNO>
              <SUBJECT>What steps must Executive agencies take to promote ridesharing at Federal facilities?</SUBJECT>
              <P>Agencies must:</P>
              <P>(a) Establish an annual ridesharing goal for each facility.</P>
              <P>(b) Report to the Administrator of General Services by June 1 of each year the goals established, the means developed to achieve those goals, and the progress achieved.</P>
              <P>(c) Cooperate with State and local ridesharing agencies where such agencies exist.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.80</SECTNO>
              <SUBJECT>What specific ridesharing information must Executive agencies report to the Administrator of General Services?</SUBJECT>
              <P>The head of each agency must submit to GSA by June 1 of each year a report which includes all of the following:</P>
              <P>(a) The name, address, title, and telephone number of the agencywide Employee Transportation Coordinator (ETC).</P>
              <P>(b) A narrative on actions taken and barriers encountered in promoting ridesharing within the agency.</P>
              <P>(c) Information on any noticeable facility achievements.</P>
              <P>(d) A copy of instructions issued to the agency's facility ETC's for implementing the Federal Facility Ridesharing Program.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.85</SECTNO>
              <SUBJECT>Where should Executive agencies send their Federal Facility Ridesharing Reports?</SUBJECT>
              <P>Agencies must send their Federal Facility Ridesharing Reports to the Real Property Policy Division (MPR), General Services Administration, 1800 F Street, NW., Washington, DC 20405.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-74.90</SECTNO>
              <SUBJECT>Are there any exceptions to these ridesharing reporting requirements?</SUBJECT>
              <P>Yes, 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 must not subdivide buildings, groups of buildings, or worksites for the purpose of meeting the exception standards.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-75</EAR>
            <HD SOURCE="HED">PART 102-75—REAL PROPERTY DISPOSAL</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-75.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-75.10</SECTNO>
              <SUBJECT>What basic real property disposal policy governs Executive agencies?</SUBJECT>
              <SECTNO>102-75.15</SECTNO>
              <SUBJECT>What real property disposal services must Executive agencies provide?</SUBJECT>
              <SECTNO>102-75.20</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning the utilization of excess property?</SUBJECT>
              <SECTNO>102-75.25</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning real property surveys?</SUBJECT>
              <SECTNO>102-75.30</SECTNO>
              <SUBJECT>When may landholding Federal agencies grant rights for non-Federal interim use of excess property reported to GSA?</SUBJECT>
              <SECTNO>102-75.35</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning the disposal of surplus property?</SUBJECT>
              <SECTNO>102-75.40</SECTNO>
              <SUBJECT>When may Executive agencies dispose of surplus real property by exchange for privately owned property?</SUBJECT>
              <SECTNO>102-75.45</SECTNO>
              <SUBJECT>When may Executive agencies outlease surplus real property for non-Federal interim use?</SUBJECT>
              <SECTNO>102-75.50</SECTNO>
              <SUBJECT>What are Federal agencies' reporting responsibilities under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411)?</SUBJECT>
              <SECTNO>102-75.55</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning public benefit conveyances?</SUBJECT>
              <SECTNO>102-75.60</SECTNO>
              <SUBJECT>When may Executive agencies conduct negotiated sales?</SUBJECT>
              <SECTNO>102-75.65</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning negotiated sales?</SUBJECT>
              <SECTNO>102-75.70</SECTNO>
              <SUBJECT>What can Executive agencies do to eliminate the potential for windfall profits to public agencies in negotiated sales?</SUBJECT>
              <SECTNO>102-75.75</SECTNO>
              <SUBJECT>What is a negotiated sale for economic development purposes?</SUBJECT>
              <SECTNO>102-75.80</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning public sales?</SUBJECT>
              <SECTNO>102-75.85</SECTNO>
              <SUBJECT>How can Federal agencies obtain related disposal services?</SUBJECT>
              <SECTNO>102-75.90</SECTNO>

              <SUBJECT>What type of appraisal value must be obtained for real property disposal transactions?<PRTPAGE P="74"/>
              </SUBJECT>
              <SECTNO>102-75.95</SECTNO>
              <SUBJECT>Are appraisals required for all real property disposal transactions?</SUBJECT>
              <SECTNO>102-75.100</SECTNO>
              <SUBJECT>Who must appraise the real property?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c), 483(a), and 484; E.O. 12512,50 FR 18453, 3 CFR, 1985 Comp., p. 340.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-75.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service(PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.10</SECTNO>
              <SUBJECT>What basic real property disposal policy governs Executive agencies?</SUBJECT>
              <P>Executive agencies must provide, in a timely, efficient, and cost effective manner, the full range of real estate services necessary to support their real property utilization and disposal needs. Landholding agencies must make surveys of real property under their jurisdiction to identify property that is unutilized, underutilized, or not being put to optimum use. Executive agencies must have adequate procedures in place to promote the effective utilization and disposal of such real property.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.15</SECTNO>
              <SUBJECT>What real property disposal services must Executive agencies provide?</SUBJECT>
              <P>Executive agencies must provide real property disposal services for real property assets under their custody and control. These real property disposal services include utilization of excess property, surveys, disposal of surplus property, public benefit conveyances, negotiated sales, public sales, related disposal services, and appraisals.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.20</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning the utilization of excess property?</SUBJECT>
              <P>Executive agencies' responsibilities concerning the utilization of excess property are to:</P>
              <P>(a) Increase the identification and reporting of their excess real property;</P>
              <P>(b) Achieve maximum use of their excess real property, in terms of economy and efficiency, to minimize expenditures for the purchase of real property;</P>
              <P>(c) Provide for the transfer of excess real property among Federal agencies, to mixed-ownership Government corporations, and to the municipal government of the District of Columbia; and</P>
              <P>(d) Obtain assistance from GSA in resolving conflicting requests for transferring real property that the involved agencies cannot resolve.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.25</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning real property surveys?</SUBJECT>
              <P>A landholding agency's responsibilities concerning real property surveys are to:</P>
              <P>(a) Survey real property under its control (<E T="03">i.e.,</E> that property reported on its financial statements) at least annually to identify property that is not needed, underutilized, or not being put to optimum use. When other needs for the property are identified or recognized, the agency must determine whether continuation of the current use or another use would better serve the public interest, considering both the Federal agency's needs and the property's location. In conducting annual reviews of their property holdings, § 101-47.801(b) of this title and other applicable GSA regulations provide guidelines for Executive agencies to consider in identifying unneeded Federal real property;</P>
              <P>(b) Maintain its inventory of real property at the absolute minimum consistent with economical and efficient conduct of the affairs of the agency; and</P>
              <P>(c) Promptly report to GSA real property that it has determined to be excess.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.30</SECTNO>
              <SUBJECT>When may landholding Federal agencies grant rights for non-Federal interim use of excess property reported to GSA?</SUBJECT>
              <P>Landholding Federal agencies may grant rights for non-Federal interim use of excess property reported to GSA, when it is determined that such excess property is not required for the needs of any Federal agency.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="75"/>
              <SECTNO>§ 102-75.35</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning the disposal of surplus property?</SUBJECT>

              <P>Executive agencies must obtain from GSA a determination that their excess real property is not needed for Federal use and is surplus to the needs of the Federal Government. After receiving this determination, Executive agencies, upon approval from GSA, must expeditiously make the surplus property available for acquisition by State and local governmental units and nonprofit institutions (<E T="03">see</E> § 102-75.55) or for sale by public advertising, negotiation, or other disposal action. Executive agencies must consider the availability of real property for public purposes on a case-by-case basis, based on highest and best use and estimated fair market value. See § 101-47.202-2(b) of this title for the requirements for reporting excess real property. Where hazardous substance activity is identified, see § 101-47.304-14 of this title for required information that the disposal agency must incorporate into Invitation for Bids/Offers to Purchase.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.40</SECTNO>
              <SUBJECT>When may Executive agencies dispose of surplus real property by exchange for privately owned property?</SUBJECT>
              <P>Executive agencies may dispose of surplus real property by exchange for privately owned property only:</P>
              <P>(a) For property management considerations such as boundary realignment or provision of access; or</P>
              <P>(b) Where authorized by law, when the requesting Federal agency receives approval from the Office of Management and Budget and the appropriate oversight committees, and where the transaction offers substantial economic or unique program advantages not otherwise obtainable by any other acquisition method.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.45</SECTNO>
              <SUBJECT>When may Executive agencies outlease surplus real property for non-Federal interim use?</SUBJECT>
              <P>Executive agencies may outlease surplus real property for non-Federal interim use, pending its disposition, when both of the following conditions exist:</P>
              <P>(a) The lease or permit does not exceed one year and is revocable with not more than a 30-day notice by the disposal agency; and</P>
              <P>(b) The use and occupancy will not interfere with, delay, or impede the disposal of the property.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.50</SECTNO>
              <SUBJECT>What are Federal agencies' reporting responsibilities under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411)?</SUBJECT>
              <P>By December 31 of each year, each landholding agency responsible for reporting must notify the Department of Housing and Urban Development (HUD) regarding the current availability status and classification of each property controlled by the agency that:</P>
              <P>(a) Was included in a list of suitable properties published that year by HUD; and</P>
              <P>(b) Remains available for application for use to assist the homeless, or has become available for application during that year.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.55</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning public benefit conveyances?</SUBJECT>
              <P>Based on a highest and best use analysis, Executive agencies, upon approval from GSA, may make surplus real property available to State and local governments and certain nonprofit institutions at up to 100 percent public benefit discount for public benefit purposes. Some examples of such purposes are education, health, park and recreation, the homeless, historic monuments, public airports, highways, correctional facilities, ports, and wildlife conservation. The implementing regulations are found at § 101-47.308 of this title.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.60</SECTNO>
              <SUBJECT>When may Executive agencies conduct negotiated sales?</SUBJECT>
              <P>Executive agencies may conduct negotiated sales only when:</P>
              <P>(a) The estimated fair market value of the property does not exceed $15,000; or</P>
              <P>(b) Bid prices after advertising are unreasonable (for all or part of the property) or were not independently arrived at in open competition; or</P>

              <P>(c) The character or condition of the property or unusual circumstances make it impractical to advertise for competitive bids and the fair market <PRTPAGE P="76"/>value of the property and other satisfactory terms of disposal are obtainable by negotiation; or</P>
              <P>(d) The disposals will be to States, Commonwealth of PuertoRico, possessions, political subdivisions thereof, or tax-supported agencies therein, and the estimated fair market value of the property and other satisfactory terms of disposal are obtainable by negotiations. Such negotiated sales to public bodies must be limited to where a public benefit will result from a negotiated sale which would not be realized from a competitive sale disposal (some examples of such purposes are administrative offices and economic development); or</P>
              <P>(e) Negotiation is otherwise authorized by the FederalProperty and Administrative Services Act of 1949 or other law, such as disposals of power transmission lines for public or cooperative power projects.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.65</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning negotiated sales?</SUBJECT>
              <P>Executive agencies must:</P>
              <P>(a) Obtain such competition as is feasible in all negotiations of disposals and contracts for disposal of surplus property; and</P>
              <P>(b) Prepare and transmit an explanatory statement, identifying the circumstances of each disposal by negotiation for any real property specified in 40 U.S.C. 484(e)(6)(A), to the appropriate committees of the Congress in advance of such disposal.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.70</SECTNO>
              <SUBJECT>What can Executive agencies do to eliminate the potential for windfall profits to public agencies in negotiated sales?</SUBJECT>
              <P>To eliminate the potential for windfall profits to public agencies, Executive agencies must include in negotiated sales to public agencies an excess profits clause, which usually runs for 3 years. This clause states that, if the purchaser should sell or enter into agreements to sell the property within 3 years from the date of title transfer by the Federal Government, all proceeds in excess of the purchasers costs will be remitted to the Federal Government. (Put the clause found in § 101-47.4908 of this title in the offer to purchase and in the conveyance document.)</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.75</SECTNO>
              <SUBJECT>What is a negotiated sale for economic development purposes?</SUBJECT>
              <P>A negotiated sale for economic development purposes means that the public body purchasing the property will develop or make substantial improvements to the property with the intention of reselling or leasing the property in parcels to users to advance the community's economic benefit. This type of negotiated sale is acceptable where the expected public benefits to the community are greater than the anticipated proceeds derived from a competitive public sale.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.80</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning public sales?</SUBJECT>
              <P>Executive agencies must make available by competitive public sale any surplus property that is not disposed of by public benefit discount conveyance or by negotiated sale. Awards must be made to the responsible bidder whose bid will be most advantageous to the Government, price and other factors considered.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.85</SECTNO>
              <SUBJECT>How can Federal agencies obtain related disposal services?</SUBJECT>
              <P>Federal agencies with independent disposal authority are encouraged to obtain disposal related services from those agencies with expertise in real property disposal, such as GSA, as allowed by 31 U.S.C. 1535 (the Economy Act), so that agencies may remain focused on their core mission.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.90</SECTNO>
              <SUBJECT>What type of appraisal value must be obtained for real property disposal transactions?</SUBJECT>
              <P>For all real property transactions requiring appraisals, Executive agencies must in all cases obtain, as appropriate, an appraisal of either the fair market value or the fair annual rental value of property available for disposal.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.95</SECTNO>
              <SUBJECT>Are appraisals required for all real property disposal transactions?</SUBJECT>

              <P>Generally, yes, appraisals are required for all real property disposal <PRTPAGE P="77"/>transactions. However, appraisals are not required when either of the following conditions exist:</P>
              <P>(a) An appraisal will serve no useful purpose (<E T="03">e.g.,</E> legislation authorizes conveyance without monetary consideration or at a fixed price). This exception does not apply to negotiated sales to public agencies intending to use the property for a public purpose not covered by any of the special disposal provisions in § 101-47.308 of this title.</P>
              <P>(b) The estimated fair market value of property to be offered on a competitive sale basis does not exceed $50,000.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-75.100</SECTNO>
              <SUBJECT>Who must appraise the real property?</SUBJECT>
              <P>Executive agencies must use only experienced and qualified real estate appraisers familiar with types of property to be appraised when conducting the appraisal. When an appraisal is required for the purposes of disposing of surplus property by negotiation under § 102-75.60(c), (d), or (e), contract appraisers that meet this same standard must be used. However, Executive agencies may authorize any other method of obtaining an estimate of the fair market value or the fair annual rental when the cost of obtaining such data from a contract appraiser would be out of proportion to the expected recoverable value of the property.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-76</EAR>
            <HD SOURCE="HED">PART 102-76—DESIGN AND CONSTRUCTION</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-76.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-76.10</SECTNO>
              <SUBJECT>What basic design and construction policy governs Federal agencies?</SUBJECT>
              <SECTNO>102-76.15</SECTNO>
              <SUBJECT>What are design and construction services?</SUBJECT>
              <SECTNO>102-76.20</SECTNO>
              <SUBJECT>What issues must Federal agencies consider in providing site planning and landscape design services?</SUBJECT>
              <SECTNO>102-76.25</SECTNO>
              <SUBJECT>What standards must Federal agencies meet in providing architectural and interior design services?</SUBJECT>
              <SECTNO>102-76.30</SECTNO>
              <SUBJECT>Seismic safety. [Reserved]</SUBJECT>
              <SECTNO>102-76.35</SECTNO>
              <SUBJECT>Flood plains. [Reserved] </SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c) (in furtherance of the Administrator's authorities under 40 U.S.C. 601-619 and elsewhere as included under 40 U.S.C. 490(a) and (c)); E.O. 12411, 48 FR 13391, 3 CFR, 1983 Comp., p. 155; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-76.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-76.10</SECTNO>
              <SUBJECT>What basic design and construction policy governs Federal agencies?</SUBJECT>
              <P>Federal agencies, upon approval from GSA, are bound by the following basic design and construction policies:</P>
              <P>(a) Provide the highest quality services for designing and constructing new Federal facilities and for repairing and altering existing Federal facilities. These services must be timely, efficient, and cost effective.</P>
              <P>(b) Use a distinguished architectural style and form in Federal facilities that reflects the dignity, enterprise, vigor and stability of the Federal Government.</P>
              <P>(c) Follow nationally recognized model building codes and other applicable nationally recognized codes that govern Federal construction to the maximum extent feasible and consider local building code requirements. (See 40 U.S.C. 618 and 619.)</P>
              <P>(d) Design Federal buildings to have a long life expectancy and accommodate periodic changes due to renovations.</P>
              <P>(e) Make buildings cost effective, energy efficient, and accessible to and usable by the physically impaired.</P>
              <P>(f) Provide for building service equipment that is accessible for maintenance, repair, or replacement without significantly disturbing occupied space.</P>
              <P>(g) Consider ease of operation when selecting mechanical and electrical equipment.</P>
              <P>(h) Agencies must follow the prospectus submission and approval policy identified in §§ 102-73.95 and 102-73.100 of this chapter.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-76.15</SECTNO>
              <SUBJECT>What are design and construction services?</SUBJECT>
              <P>Design and construction services are:<PRTPAGE P="78"/>
              </P>
              <P>(a) Site planning and landscape design;</P>
              <P>(b) Architectural and interior design; and</P>
              <P>(c) Engineering systems design.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-76.20</SECTNO>
              <SUBJECT>What issues must Federal agencies consider in providing site planning and landscape design services?</SUBJECT>
              <P>In providing site planning and design services, Federal agencies must:</P>
              <P>(a) Make the site planning and landscape design a direct extension of the building design;</P>
              <P>(b) Make a positive contribution to the surrounding landscape;</P>
              <P>(c) Consider requirements (other than procedural requirements) of local zoning laws and laws relating to setbacks, height, historic preservation and aesthetic qualities of a building;</P>
              <P>(d) Identify areas for future building expansion in the architectural and site design concept for all buildings where an expansion need is identified to exist;</P>
              <P>(e) Create a landscape design that is a pleasant, dynamic experience for occupants and visitors to Federal facilities and, where appropriate, encourage public access to and stimulate pedestrian traffic around the facilities. Coordinate the landscape design with the architectural characteristics of the building; and</P>
              <P>(f) Comply with the requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and the National Historic Preservation Act, as amended, 16 U.S.C. 470 et seq., for each project.</P>
              <P>(g) Consider the vulnerability of the facility as well as the security needs of the occupying agencies.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-76.25</SECTNO>
              <SUBJECT>What standards must Federal agencies meet in providing architectural and interior design services?</SUBJECT>
              <P>Federal agencies must design distinctive and high quality Federal facilities that meet all of the following standards:</P>
              <P>(a) Reflect the local architecture in buildings through the use of building form, materials, colors, or detail. Express a quality of permanence in the building interior similar to the building exterior.</P>
              <P>(b) For new construction and major renovations, provide full access to and use of Federally-controlled facilities for physically impaired persons. Follow the Architectural Barriers Act of 1968, 42 U.S.C. 4151-4157 (Uniform Federal Accessibility Standards (UFAS)) or Americans with Disabilities Act of 1990, Public Law 101-336, 104 Stat. 327 (ADA accessibility guidelines), whichever is more stringent. For minor renovations in existing buildings, meet minimum UFAS requirements. A more detailed explanation of these standards can be found in part 101-19, subpart 101-19.6, of this title.</P>
              <P>(c) Use metric specifications in construction where the metric system is the accepted industry standard, and to the extent that such usage is economically feasible and practical.</P>
              <P>(d) Provide for the design of security systems to protect Federal workers and visitors and to safeguard facilities against criminal activity and/or terrorist activity. Security design must support the continuity of Government operations during civil disturbances, natural disasters and other emergency situations.</P>
              <P>(e) Design and construct facilities that meet or exceed the energy performance standards applicable to Federal buildings in 10 CFR part 435.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-76.30</SECTNO>
              <RESERVED>Seismic safety. [Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-76.35</SECTNO>
              <RESERVED>Flood plains. [Reserved]</RESERVED>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-77</EAR>
            <HD SOURCE="HED">PART 102-77—ART-IN-ARCHITECTURE</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-77.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-77.10</SECTNO>
              <SUBJECT>What basic Art-in-architecture policy governs Federal agencies?</SUBJECT>
              <SECTNO>102-77.15</SECTNO>
              <SUBJECT>Who funds the Art-in-architecture efforts?</SUBJECT>
              <SECTNO>102-77.20</SECTNO>
              <SUBJECT>Who should Federal agencies collaborate with when commissioning and selecting art for Federal buildings?</SUBJECT>
              <SECTNO>102-77.25</SECTNO>
              <SUBJECT>Do Federal agencies have responsibilities to provide national visibility for Art-in-architecture? </SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c) and 601a.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <PRTPAGE P="79"/>
              <SECTNO>§ 102-77.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-77.10</SECTNO>
              <SUBJECT>What basic Art-in-architecture policy governs Federal agencies?</SUBJECT>
              <P>Federal agencies must incorporate fine arts as an integral part of the total building concept when designing new Federal buildings, and when making substantial repairs and alterations to existing Federal buildings, as appropriate. The selected fine arts, including painting, sculpture, and artistic work in other media, must reflect the national cultural heritage and emphasize the work of living American artists.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-77.15</SECTNO>
              <SUBJECT>Who funds the Art-in-architecture efforts?</SUBJECT>
              <P>To the extent not prohibited by law, Federal agencies must fund the Art-in-architecture efforts by allocating a portion of the estimated cost of constructing or purchasing new Federal buildings, or of completing major repairs and alterations of existing buildings. Funding for qualifying projects, including new construction, building purchases, other building acquisition, or prospectus-level repair and alteration projects, must be in a range determined by the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-77.20</SECTNO>
              <SUBJECT>Who should Federal agencies collaborate with when commissioning and selecting art for Federal buildings?</SUBJECT>
              <P>To the maximum extent practicable, Federal agencies should seek the support and involvement of local citizens in selecting appropriate artwork. Federal agencies should collaborate with the artist and community to produce works of art that reflect the cultural, intellectual, and historic interests and values of a community. In addition, Federal agencies should work collaboratively with the architect of the building, art professionals, when commissioning and selecting art for Federal buildings. Federal agencies should commission artwork that is diverse in style and media.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-77.25</SECTNO>
              <SUBJECT>Do Federal agencies have responsibilities to provide national visibility for Art-in-architecture?</SUBJECT>
              <P>Yes, Federal agencies should provide Art-in-architecture that receives appropriate national and local visibility to facilitate participation by a large and diverse group of artists representing a wide variety of types of artwork.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-78</EAR>
            <HD SOURCE="HED">PART 102-78—HISTORIC PRESERVATION</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-78.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-78.10</SECTNO>
              <SUBJECT>What basic historic preservation policy governs Federal agencies?</SUBJECT>
              <SECTNO>102-78.15</SECTNO>
              <SUBJECT>What are historic properties?</SUBJECT>
              <SECTNO>102-78.20</SECTNO>
              <SUBJECT>Are Federal agencies required to identify historic properties?</SUBJECT>
              <SECTNO>102-78.25</SECTNO>
              <SUBJECT>What is an undertaking?</SUBJECT>
              <SECTNO>102-78.30</SECTNO>
              <SUBJECT>What are consulting parties?</SUBJECT>
              <SECTNO>102-78.35</SECTNO>
              <SUBJECT>Are Federal agencies required to involve consulting parties in their historic preservation activities?</SUBJECT>
              <SECTNO>102-78.40</SECTNO>
              <SUBJECT>What responsibilities do Federal agencies have when an undertaking adversely affects a historic or cultural property?</SUBJECT>
              <SECTNO>102-78.45</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning nomination of properties to the National Register?</SUBJECT>
              <SECTNO>102-78.50</SECTNO>
              <SUBJECT>What historic preservation services must Federal agencies provide?</SUBJECT>
              <SECTNO>102-78.55</SECTNO>
              <SUBJECT>For which properties must Federal agencies assume historic preservation responsibilities?</SUBJECT>
              <SECTNO>102-78.60</SECTNO>
              <SUBJECT>What are Federal agencies' historic preservation responsibilities when acquiring leased space?</SUBJECT>
              <SECTNO>102-78.65</SECTNO>
              <SUBJECT>What are Federal agencies' historic preservation responsibilities when disposing of real property under their control?</SUBJECT>
              <SECTNO>102-78.70</SECTNO>
              <SUBJECT>What are an agency's historic preservation responsibilities when disposing of another Federal agency's real property? </SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>16 U.S.C. 470 h-2; 40 U.S.C. 486(c) and 490(a).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-78.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>

              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings <PRTPAGE P="80"/>Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services. The policies in this part are in furtherance of GSA's preservation program under section 110 of the National Historic Preservation Act (16 U.S.C. 470) and apply to properties under the jurisdiction or control of the Administrator and to any Federal agencies operating, maintaining or protecting such properties under a delegation of authority from the Administrator.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.10</SECTNO>
              <SUBJECT>What basic historic preservation policy governs Federal agencies?</SUBJECT>
              <P>To protect, enhance and preserve historic and cultural property under their control, Federal agencies must consider the effects of their undertakings on historic and cultural properties and give the Advisory Council on Historic Preservation (AdvisoryCouncil), the State Historic Preservation Officer (SHPO), and other consulting parties a reasonable opportunity to comment regarding the proposed undertakings.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.15</SECTNO>
              <SUBJECT>What are historic properties?</SUBJECT>
              <P>Historic properties are those that are included in, or eligible for inclusion in, the National Register of Historic Places (National Register) as more specifically defined at 36 CFR 800.16.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.20</SECTNO>
              <SUBJECT>Are Federal agencies required to identify historic properties?</SUBJECT>
              <P>Yes, Federal agencies must identify all National Register or National Register-eligible historic properties under their control. In addition, Federal agencies must apply National Register Criteria (36 CFR part 63) to properties that have not been previously evaluated for National Register eligibility and that may be affected by the undertakings of Federally sponsored activities.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.25</SECTNO>
              <SUBJECT>What is an undertaking?</SUBJECT>
              <P>The term undertaking means a project, activity, or program under the direct or indirect jurisdiction of a Federal agency, including those:</P>
              <P>(a) Carried out by or on behalf of the agency;</P>
              <P>(b) Carried out with Federal financial assistance;</P>
              <P>(c) Requiring a Federal permit, license, or approval; and</P>
              <P>(d) Subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.30</SECTNO>
              <SUBJECT>What are consulting parties?</SUBJECT>

              <P>As more particularly described in 36 CFR 800.2(c), consulting parties are those parties having consultative roles in the Section 106 process (<E T="03">i.e.,</E> Section 106 of the NationalHistoric Preservation Act) that requires Federal agencies to take into account the effects of their undertakings on historic properties and afford the Council a reasonable opportunity to comment on such undertakings. Specifically, consulting parties include the State Historic Preservation Officer; Tribal HistoricPreservation Officer; Indian tribes and Native Hawaiian organizations; Representatives of local governments; Applicants for Federal assistance, permits, licenses and other approvals; and other individuals and organizations with a demonstrated interest in the undertaking.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.35</SECTNO>
              <SUBJECT>Are Federal agencies required to involve consulting parties in their historic preservation activities?</SUBJECT>
              <P>Yes, Federal agencies must solicit information from consulting parties to carry out their responsibilities under historic and cultural preservation laws and regulations. Federal agencies must invite the participation of consulting parties through their normal public notification processes.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.40</SECTNO>
              <SUBJECT>What responsibilities do Federal agencies have when an undertaking adversely affects a historic or cultural property?</SUBJECT>

              <P>Federal agencies must not perform an undertaking that could alter, destroy, or modify an historic or cultural property until they have consulted with the SHPO and the Advisory Council. Federal agencies must minimize all adverse impacts of their undertakings on historic or cultural properties to the extent that is feasible and prudent. <PRTPAGE P="81"/>Federal agencies must follow the specific guidance on the protection of historic and cultural properties in 36 CFR part 800.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.45</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning nomination of properties to the National Register?</SUBJECT>
              <P>Federal agencies must nominate to the National Register all properties under their control determined eligible for inclusion in the National Register.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.50</SECTNO>
              <SUBJECT>What historic preservation services must Federal agencies provide?</SUBJECT>
              <P>Federal agencies must provide the following historic preservation services:</P>
              <P>(a) Prepare a Historic Building Preservation Plan for each National Register or National Register-eligible property under their control. When approved by consulting parties, such plans become a binding management plan for the property; and</P>
              <P>(b) Investigate for historic and cultural factors all proposed sites for direct and leased construction.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.55</SECTNO>
              <SUBJECT>For which properties must Federal agencies assume historic preservation responsibilities?</SUBJECT>
              <P>Federal agencies must assume historic preservation responsibilities for real property assets under their custody and control. Federal agencies occupying space in buildings under the custody and control of other Federal agencies must obtain approval from the agency having custody and control of the building.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.60</SECTNO>
              <SUBJECT>What are Federal agencies historic preservation responsibilities when acquiring leased space?</SUBJECT>
              <P>In leasing historic property, Federal agencies must give a preference to such leasing actions in accordance with hierarchy of consideration identified in § 102-79.90 of this chapter.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.65</SECTNO>
              <SUBJECT>What are Federal agencies' historic preservation responsibilities when disposing of real property under their control?</SUBJECT>
              <P>Federal agencies must:</P>
              <P>(a) To the extent practicable, establish and implement alternatives for historic properties, including adaptive reuse, that are not needed for current or projected agency purposes. Agencies are required to get the Secretary of Interior's approval of the plans of transferees of surplus Federally-owned historic properties.</P>
              <P>(b) Review all proposed excess actions to identify any properties listed on or eligible for listing on the National Register. Federal agencies must not perform disposal actions that could result in the alteration, destruction, or modification of an historic or cultural property until Federal agencies have consulted with the SHPO and the Advisory Council.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-78.70</SECTNO>
              <SUBJECT>What are an agency's historic preservation responsibilities when disposing of another Federal agency's real property?</SUBJECT>
              <P>Federal agencies must not accept property declared excess by another Federal agency nor act as an agent for transfer or sale of such properties until the holding agency provides evidence that the Federal agency has met its National Historic Preservation Act responsibilities.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-79</EAR>
            <HD SOURCE="HED">PART 102-79—ASSIGNMENT AND UTILIZATION OF SPACE</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-79.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-79.10</SECTNO>
              <SUBJECT>What basic assignment and utilization of space policy governs an Executive agency?</SUBJECT>
              <SECTNO>102-79.15</SECTNO>
              <SUBJECT>What objectives must an Executive agency strive to meet in providing assignment and utilization of space services?</SUBJECT>
              <SECTNO>102-79.20</SECTNO>
              <SUBJECT>What standard must Executive agencies promote when assigning space?</SUBJECT>
              <SECTNO>102-79.25</SECTNO>
              <SUBJECT>Can Federal agencies allot space in Federal buildings for the provision of child care services?</SUBJECT>
              <SECTNO>102-79.30</SECTNO>
              <SUBJECT>Can Federal agencies allot space in Federal buildings for establishing fitness centers?</SUBJECT>
              <SECTNO>102-79.35</SECTNO>
              <SUBJECT>What elements must Federal agencies address in their planning effort for establishing fitness programs?</SUBJECT>
              <SECTNO>102-79.40</SECTNO>
              <SUBJECT>Can Federal agencies allot space in Federal buildings to Federal credit unions?</SUBJECT>
              <SECTNO>102-79.45</SECTNO>

              <SUBJECT>What type of services may Federal agencies provide without charge to Federal credit unions?<PRTPAGE P="82"/>
              </SUBJECT>
              <SECTNO>102-79.50</SECTNO>
              <SUBJECT>What standard must Executive agencies promote in their utilization of space?</SUBJECT>
              <SECTNO>102-79.55</SECTNO>
              <SUBJECT>Are agencies required to use historic properties available to the agency?</SUBJECT>
              <SECTNO>102-79.60</SECTNO>
              <SUBJECT>Are Executive agencies required to give first priority to the location of new offices and other facilities in rural areas?</SUBJECT>
              <SECTNO>102-79.65</SECTNO>
              <SUBJECT>When an agency's mission and program requirements call for the location in an urban area, are Executive agencies required to give first consideration to central businessareas?</SUBJECT>
              <SECTNO>102-79.70</SECTNO>
              <SUBJECT>What is a central business area?</SUBJECT>
              <SECTNO>102-79.75</SECTNO>
              <SUBJECT>Who is responsible for identifying the delineated area within which a Federal agency wishes to locate specific activities?</SUBJECT>
              <SECTNO>102-79.80</SECTNO>
              <SUBJECT>Who must approve the final delineated area?</SUBJECT>
              <SECTNO>102-79.85</SECTNO>
              <SUBJECT>Are Executive agencies required to consider whether the central business area will provide for adequate competition when acquiring leased space?</SUBJECT>
              <SECTNO>102-79.90</SECTNO>
              <SUBJECT>Are Executive agencies required to give preference to historic properties when acquiring leased space?</SUBJECT>
              <SECTNO>102-79.95</SECTNO>
              <SUBJECT>Automated external defibrillators. [Reserved]</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c); E.O. 12411, 48 FR 13391, 3CFR, 1983 Comp., p. 155; and E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. 340.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-79.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.10</SECTNO>
              <SUBJECT>What basic assignment and utilization of space policy governs an Executive agency?</SUBJECT>
              <P>Executive agencies must provide a quality workplace environment that supports program operations, preserves the value of real property assets, meets the needs of the occupant agencies, and provides child care and physical fitness facilities in the workplace when adequately justified. An Executive agency must promote maximum utilization of Federal workspace, consistent with mission requirements, to maximize its value to the Government.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.15</SECTNO>
              <SUBJECT>What objectives must an Executive agency strive to meet in providing assignment and utilization of space services?</SUBJECT>
              <P>Executive agencies must provide assignment and utilization services that will maximize the value of Federal real property resources and improve the productivity of the workers housed therein.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.20</SECTNO>
              <SUBJECT>What standard must Executive agencies promote when assigning space?</SUBJECT>
              <P>Executive agencies must promote the optimum use of space for each assignment at the minimum cost to the Government, provide quality workspace that is delivered and occupied in a timely manner, and assign space based on mission requirements.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.25</SECTNO>
              <SUBJECT>Can Federal agencies allot space in Federal buildings for the provision of child care services?</SUBJECT>
              <P>Yes, in accordance with 40 U.S.C. 490b, Federal agencies can allot space in Federal buildings to individuals or entities who will provide child care services to Federal employees if:</P>
              <P>(a) Such space is available;</P>
              <P>(b) Such agency determines that such space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian who is a Federal Government employee; and</P>
              <P>(c) Such agency determines that such individual or entity will give priority for available child care services in such space to Federal employees.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.30</SECTNO>
              <SUBJECT>Can Federal agencies allot space in Federal buildings for establishing fitness centers?</SUBJECT>
              <P>Yes, in accordance with 5 U.S.C. 7901, Federal agencies can allot space in Federal buildings for establishing fitness programs.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.35</SECTNO>
              <SUBJECT>What elements must Federal agencies address in their planning effort for establishing fitness programs?</SUBJECT>
              <P>Federal agencies must address the following elements in their planning effort for establishing fitness programs:</P>

              <P>(a) A survey indicating employee interest in the program;<PRTPAGE P="83"/>
              </P>
              <P>(b) A three to five year implementation plan demonstrating long-term commitment to physical fitness/health for employees;</P>
              <P>(c) A health related orientation, including screening procedures, individualized exercise programs, identification of high-risk individuals, and appropriate follow-up activities;</P>
              <P>(d) Identification of a person skilled in prescribing exercise to direct the fitness program;</P>
              <P>(e) An approach which will consider key health behavior related to degenerative disease, including smoking and nutrition;</P>
              <P>(f) A modest facility that includes only the essentials necessary to conduct a program involving cardiovascular and muscular endurance, strength activities, and flexibility;</P>
              <P>(g) Provision for equal opportunities for men and women, and all employees, regardless of grade level.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.40</SECTNO>
              <SUBJECT>Can Federal agencies allot space in Federal buildings to Federal credit unions?</SUBJECT>
              <P>Yes, in accordance with 12 U.S.C. 1770, Federal agencies may allot space in Federal buildings to Federal credit unions without charge for rent or services if:</P>
              <P>(a) At least 95 percent of the membership of the credit union to be served by the allotment of space is composed of persons who either are presently Federal employees or were Federal employees at the time of admission into the credit union, and members of their families; and</P>
              <P>(b) If space is available.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.45</SECTNO>
              <SUBJECT>What type of services may Federal agencies provide without charge to Federal credit unions?</SUBJECT>
              <P>Federal agencies may provide without charge to Federal credit union services such as:</P>
              <P>(a) Lighting;</P>
              <P>(b) Heating and cooling;</P>
              <P>(c) Electricity;</P>
              <P>(d) Office furniture;</P>
              <P>(e) Office machines and equipment;</P>
              <P>(f) Telephone service (including installation of lines and equipment and other expenses associated with telephone service); and</P>
              <P>(g) Security systems (including installation and other expenses associated with security systems).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.50</SECTNO>
              <SUBJECT>What standard must Executive agencies promote in their utilization of space?</SUBJECT>
              <P>Executive agencies, acquiring or utilizing Federally ownedand leased space under the Federal Property and AdministrativeServices Act of 1949, as amended, must promote efficient utilization of space according to GSA standards. In order to maximize the use of vacant space, use existing GSA-controlled space to the maximum extent practical. After considering the availability of GSA-controlled space, extend priority consideration to available space in buildings under the custodyand control of the U.S. Postal Service before acquiringadditional space. Where there is no Federal agency space need,Executive agencies must make every effort to maximize the productive use of vacant space through out-granting (for example, outlease, permit, license) to non-Federal entities to the extent authorized by law.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.55</SECTNO>
              <SUBJECT>Are agencies required to use historic properties available to the agency?</SUBJECT>
              <P>Yes, Federal agencies must assume responsibility for the preservation of the historic properties they own or control. Prior to acquiring, constructing or leasing buildings, agencies must use, to the maximum extent feasible, historic properties already owned or leased by the agency (16 U.S.C. 470h-2).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.60</SECTNO>
              <SUBJECT>Are Executive agencies required to give first priority to the location of new offices and other facilities in rural areas?</SUBJECT>
              <P>Yes, Executive agencies must give first priority to the location of new offices and other facilities in rural areas (7 U.S.C. 2204b-1), unless their mission or program requirements call for locations in an urban area.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="84"/>
              <SECTNO>§ 102-79.65</SECTNO>
              <SUBJECT>When an agency's mission and program requirements call for the location in an urban area, are Executive agencies required to give first consideration to central business areas?</SUBJECT>
              <P>Yes, when agency mission and program requirements call for location in an urban area and new space must be acquired, constructed or leased, Executive agencies must give first consideration to central business areas (CBAs) and other areas designated by local officials (Executive Order 12072 (43 FR 36869, 3 CFR, 1978 Comp., p. 213.) and Executive Order 13006 (61FR 26071, 3 CFR, 1996 Comp., p. 195)).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.70</SECTNO>
              <SUBJECT>What is a central business area?</SUBJECT>
              <P>Central business area 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>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.75</SECTNO>
              <SUBJECT>Who is responsible for identifying the delineated area within which a Federal agency wishes to locate specific activities?</SUBJECT>
              <P>Each Federal agency is responsible for identifying the delineated area within which it wishes to locate specific activities, consistent with its mission and program requirements, and in accordance with all applicable laws, regulations, and Executive orders.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.80</SECTNO>
              <SUBJECT>Who must approve the final delineated area?</SUBJECT>
              <P>Federal agencies conducting the procurement must approve the final delineated area for site acquisitions and lease actions and must confirm that the final delineated area complies with the requirements of all applicable laws, regulations, and Executive orders.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.85</SECTNO>
              <SUBJECT>Are Executive agencies required to consider whether the central business area will provide for adequate competition when acquiring leased space?</SUBJECT>
              <P>In accordance with the Competition in Contracting Act of 1984 (CICA), as amended, (41 U.S.C. 253(a)) Executive agencies must consider whether restricting the delineated area for obtaining leased space to the central business area will provide for adequate competition when acquiring leased space. Where an Executive agency determines that the delineated area must be expanded beyond the CBA in order to provide adequate competition, the agency may expand the delineated area in consultation with local officials. Executive agencies must continue to include the CBA in such expanded areas.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.90</SECTNO>
              <SUBJECT>Are Executive agencies required to give preference to historic properties when acquiring leased space?</SUBJECT>
              <P>Yes, section 110 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470h-2), requires that agencies first consider historic properties already under agency control. However, the Act also provides that prior to acquiring, constructing or leasing new space, and subject to the requirements of Section 601 of Title VI of the Rural Development Act of 1972, as amended (7 U.S.C. 2204b-1), Executive Order 13006 and Executive Order 12072, Executive agencies must first consider historic properties within historic districts when locatingFederal facilities. If no such suitable historic property isavailable, Executive agencies must then consider other developed or undeveloped sites within historic districts. Finally,Executive agencies must consider suitable historic properties outside of historic districts, if no suitable site exists withina historic district.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-79.95</SECTNO>
              <RESERVED>Automated external defibrillators. [Reserved]</RESERVED>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-80</EAR>
            <HD SOURCE="HED">PART 102-80—SAFETY AND ENVIRONMENTAL MANAGEMENT</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-80.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-80.10</SECTNO>
              <SUBJECT>What are the basic safety and environmental management policies for real property?</SUBJECT>
              <SECTNO>102-80.15</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the assessment and management of asbestos?</SUBJECT>
              <SECTNO>102-80.20</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the abatement of radon?</SUBJECT>
              <SECTNO>102-80.25</SECTNO>

              <SUBJECT>What are Federal agencies' responsibilities concerning the management of indoor air quality?<PRTPAGE P="85"/>
              </SUBJECT>
              <SECTNO>102-80.30</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning lead?</SUBJECT>
              <SECTNO>102-80.35</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the monitoring of hazardous materials and wastes?</SUBJECT>
              <SECTNO>102-80.40</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the management of underground storage tanks?</SUBJECT>
              <SECTNO>102-80.45</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning fire prevention and fire protection engineering?</SUBJECT>
              <SECTNO>102-80.50</SECTNO>
              <SUBJECT>Are Federal agencies responsible for identifying/estimating risks and for appropriate reduction strategies?</SUBJECT>
              <SECTNO>102-80.55</SECTNO>
              <SUBJECT>Are Federal agencies responsible for performing facility assessments?</SUBJECT>
              <SECTNO>102-80.60</SECTNO>
              <SUBJECT>Are Federal agencies responsible for managing the execution of risk reduction projects?</SUBJECT>
              <SECTNO>102-80.65</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the investigation of incidents, such as fires, accidents, injuries, and environmental incidents?</SUBJECT>
              <SECTNO>102-80.70</SECTNO>
              <SUBJECT>Are Federal agencies responsible for informing their tenants of the condition and management of their facility safety and environment?</SUBJECT>
              <SECTNO>102-80.75</SECTNO>
              <SUBJECT>Who assesses environmental issues in Federal construction and lease construction projects?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 486(c) and 490.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-80.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service(PBS), operating under, or subject to, the authorities of the Administrator of General Services. The responsibilities for safety and environmental management under this part are intended to apply to GSA or those Federal agencies operating in GSA space pursuant to a GSA delegation of authority.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.10</SECTNO>
              <SUBJECT>What are the basic safety and environmental management policies for real property?</SUBJECT>
              <P>The basic safety and environmental management policies for real property are that Federal agencies must:</P>
              <P>(a) Provide for a safe and healthful work environment for Federal employees and the visiting public;</P>
              <P>(b) Protect Federal real and personal property;</P>
              <P>(c) Promote mission continuity;</P>
              <P>(d) Provide reasonable safeguards for emergency forces if an incident occurs;</P>
              <P>(e) Assess risk;</P>
              <P>(f) Make decisionmakers aware of risks; and</P>
              <P>(g) Act promptly and appropriately in response to risk.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.15</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the assessment and management of asbestos?</SUBJECT>
              <P>Federal agencies have the following responsibilities concerning the assessment and management of asbestos:</P>
              <P>(a) Inspect and assess buildings for the presence and condition of asbestos-containing materials. Space to be leased must be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe insulation outside the space, in which case an asbestos management program conforming to Environmental Protection Agency (EPA) guidance must be implemented;</P>
              <P>(b) Manage in-place asbestos that is in good condition and not likely to be disturbed;</P>
              <P>(c) Abate damaged asbestos, and asbestos likely to be disturbed. Federal agencies must perform a pre-alterationasbestos assessment for activities that may disturb asbestos;</P>
              <P>(d) Not use asbestos in new construction, renovation/modernization or repair of their owned or leased space. Unless approved by GSA, Federal agencies must not obtain space with asbestos through purchase, exchange, transfer, or lease, except as identified in paragraph (a) of this section; and</P>
              <P>(e) Communicate all written and oral asbestos informationabout the leased space to tenants.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.20</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the abatement of radon?</SUBJECT>
              <P>Federal agencies have the following responsibilities concerning the abatement of radon in space when radon levels exceed current EPA standards:</P>
              <P>(a) Retest abated areas and make lessors retest, as required, abated areas to adhere to EPA standards; and</P>

              <P>(b) Test non-public water sources (in remote areas for projects such as border stations) for radon according to <PRTPAGE P="86"/>EPA guidance. Radon levels that exceed current applicable EPA standards must be mitigated. Federal agencies must retest, as required, to adhere to EPA standards.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.25</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the management of indoor air quality?</SUBJECT>
              <P>Federal agencies must assess indoor air quality of buildingsas part of their safety and environmental facility assessments.Federal agencies must respond to tenant complaints on air qualityand take appropriate corrective action where air quality does not meet applicable standards.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.30</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning lead?</SUBJECT>
              <P>Federal agencies have the following responsibilities concerning lead in buildings:</P>
              <P>(a) Test space for lead-based paint in renovation projects that require sanding, welding or scraping painted surfaces.</P>
              <P>(b) Not remove lead based paint from surfaces in good condition.</P>
              <P>(c) Test all painted surfaces for lead in proposed or existing child care centers.</P>
              <P>(d) Abate lead-based paint found in accordance withDepartment of Housing and Urban Development (HUD) Lead-BasedPaint Guidelines, available by writing to HUD USER, P.O. Box 6091, Rockville, MD, 20850.</P>
              <P>(e) Test potable water for lead in all drinking water outlets in child care centers.</P>
              <P>(f) Take corrective action when lead levels exceed the HUD Guidelines.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.35</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the monitoring of hazardous materials and wastes?</SUBJECT>
              <P>Federal agencies' responsibilities concerning the monitoring of hazardous materials and wastes are to:</P>
              <P>(a) Monitor the transport, use, and disposition of hazardous materials and waste in buildings to provide for compliance with GSA, Occupational Safety and Health Administration (OSHA), Department of Transportation, EPA, and applicable State and local requirements. In addition to those operating in GSA space pursuant to a delegation of authority, tenants in GSA space must comply with these requirements.</P>
              <P>(b) In leased space, include in all agreements with the lessor requirements that hazardous materials kept in leased space are kept and maintained according to applicable Federal, State, and local environmental regulations.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.40</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the management of underground storage tanks?</SUBJECT>
              <P>Federal agencies have the following responsibilities concerning the management of underground storage tanks in real property:</P>
              <P>(a) Register, manage and close underground storage tanks, including heating oil and fuel oil tanks, in accordance with GSA, EPA, and applicable State and local requirements.</P>
              <P>(b) Require the party responsible for tanks they use but don't own to follow these requirements and to be responsible for the cost of compliance.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.45</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning fire prevention and fire protection engineering?</SUBJECT>
              <P>Federal agencies must follow accepted fire prevention practices in operating and managing buildings. Federally-owned buildings are generally exempt from State and local code requirements in fire protection; however, in accordance with 40 U.S.C. 619, each building constructed or altered by a Federal agency must be constructed or altered, to the maximum extent feasible, in compliance with one of the nationally recognized model building codes and with other nationally recognized codes. Leased buildings are subject to local requirements and inspection. Federal agencies must use the National Fire Protection Association (NFPA) codes and standards (obtained by writing to NFPA, 11 Tracy Drive, Avon, MA 02322.) as a guide for their building operations.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.50</SECTNO>
              <SUBJECT>Are Federal agencies responsible for identifying/estimating risks and for appropriate reduction strategies?</SUBJECT>

              <P>Yes, Federal agencies must identify and estimate safety and environmental <PRTPAGE P="87"/>management risks and appropriate reduction strategies for buildings. Federal agencies occupying as well as operating buildings must identify any safety and environmental management risks and report or correct the situation, as appropriate.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.55</SECTNO>
              <SUBJECT>Are Federal agencies responsible for performing facility assessments?</SUBJECT>
              <P>Yes, Federal agencies must evaluate facilities to comply with GSA's safety and environmental program and applicable Federal, State and local environmental laws and regulations. Federal agencies should conduct these evaluations in accordance with schedules that are compatible with repair and alteration and leasing operations.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.60</SECTNO>
              <SUBJECT>Are Federal agencies responsible for managing the execution of risk reduction projects?</SUBJECT>
              <P>Yes, Federal agencies must manage the execution of risk reduction projects in buildings they operate. Federal agencies must identify and take appropriate action to eliminate hazards and regulatory noncompliance.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.65</SECTNO>
              <SUBJECT>What are Federal agencies' responsibilities concerning the investigation of incidents, such as fires, accidents, injuries, and environmental incidents?</SUBJECT>
              <P>Federal agencies have the following responsibilities concerning the investigation of incidents, such as fires, accidents, injuries, and environmental incidents in buildings they operate:</P>
              <P>(a) Investigate all incidents regardless of severity.</P>
              <P>(b) Form Boards of Investigation for incidents resulting in serious injury, death, or significant property losses.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.70</SECTNO>
              <SUBJECT>Are Federal agencies responsible for informing their tenants of the condition and management of their facility safety and environment?</SUBJECT>
              <P>Yes, Federal agencies must inform their tenants of the condition and management of their facility safety and environment. Agencies operating GSA buildings must report any significant facility safety or environmental concerns to GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-80.75</SECTNO>
              <SUBJECT>Who assesses environmental issues in Federal construction and lease construction projects?</SUBJECT>
              <P>Federal agencies must assess required environmental issues throughout planning and project development, so that the environmental impacts of a project are considered during the decisionmaking process.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-81</EAR>
            <HD SOURCE="HED">PART 102-81—SECURITY</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-81.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-81.10</SECTNO>
              <SUBJECT>What basic security policy governs Federal agencies?</SUBJECT>
              <SECTNO>102-81.15</SECTNO>
              <SUBJECT>Who is responsible for upgrading and maintaining security standards in each Federally-owned facility? </SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 318a, 486(c) and 490.</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-81.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-81.10</SECTNO>
              <SUBJECT>What basic security policy governs Federal agencies?</SUBJECT>
              <P>Federal agencies on Federal property under the charge and control of the Administrator and having a security delegation of authority from the Administrator must provide for the security and protection of the real estate they occupy, including the protection of persons within the property.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-81.15</SECTNO>
              <SUBJECT>Who is responsible for upgrading and maintaining security standards in each Federally-owned facility?</SUBJECT>

              <P>In a June 28, 1995, Presidential Policy Memorandum for Executive Departments and Agencies, entitled, “Upgrading Securityat Federal Facilities” (see the Weekly Compilation of Presidential Documents, vol. 31, p. 1148), the President directed that Executive agencies must, where feasible, upgrade and maintain security in facilities they own or lease under their own authority to the minimum standards specified in <PRTPAGE P="88"/>the Department of Justice's June 28, 1995 study entitled “Vulnerability Assessment of Federal Facilities.” The study may be obtained by writing to the Superintendent of Documents, P. O. Box 371954, Pittsburgh, PA, 15250-7954.</P>
            </SECTION>
          </PART>
          <PART>
            <EAR>Pt. 102-82</EAR>
            <HD SOURCE="HED">PART 102-82—UTILITY SERVICES</HD>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-82.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <SECTNO>102-82.10</SECTNO>
              <SUBJECT>What basic utility services policy govern Executive agencies?</SUBJECT>
              <SECTNO>102-82.15</SECTNO>
              <SUBJECT>What utility services must Executive agencies provide?</SUBJECT>
              <SECTNO>102-82.20</SECTNO>
              <SUBJECT>What are Executive agencies’ rate intervention responsibilities?</SUBJECT>
              <SECTNO>102-82.25</SECTNO>
              <SUBJECT>What are Executive agencies’ responsibilities concerning the procurement of utility services?</SUBJECT>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>40 U.S.C. 481(a) and 486(c).</P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>66 FR 5359, Jan. 18, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SECTION>
              <SECTNO>§ 102-82.5</SECTNO>
              <SUBJECT>What is the scope of this part?</SUBJECT>
              <P>The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-82.10</SECTNO>
              <SUBJECT>What basic utility services policy govern Executive agencies?</SUBJECT>
              <P>Executive agencies procuring, managing or supplying utility services under the Federal Property and Administrative Services Act of 1949 must provide or procure services that promote economy and efficiency with due regard to the mission responsibilities of the agencies concerned.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-82.15</SECTNO>
              <SUBJECT>What utility services must Executive agencies provide?</SUBJECT>
              <P>Executive agencies must negotiate with public utilities to procure utility services and, where appropriate, provide rate intervention services in proceedings (see § § 102-72.100 and 102-72.105 of this chapter) before Federal and State utility regulatory bodies.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-82.20</SECTNO>
              <SUBJECT>What are Executive agencies' rate intervention responsibilities?</SUBJECT>
              <P>Where the consumer interests of the Federal Government will be significantly affected and upon receiving a delegation of authority from GSA, Executive agencies must provide representation in proceedings involving utility services before Federal and State regulatory bodies. Specifically, these responsibilities include instituting formal or informal action before Federal and State regulatory bodies to contest the level, structure, or applicability of rates or service terms of utility suppliers. The Secretary of Defense is independently authorized to take such actions without a delegation from GSA when the Secretary determines such actions to be in the best interests of national security.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 102-82.25</SECTNO>
              <SUBJECT>What are Executive agencies' responsibilities concerning the procurement of utility services?</SUBJECT>
              <P>Executive agencies, operating under a utility services delegation from GSA, or the Secretary of Defense when the Secretary determines it to be in the best interests of national security, must provide for the procurement of utility services (such as commodities and utility rebate programs), as required, and must procure from sources of supply that are the most advantageous to the Federal Government in terms of economy, efficiency, reliability, or quality of service. Executive agencies, upon receiving a delegation of authority from GSA, may enter into contracts for utility services for periods not exceeding ten years (40 U.S.C. 481).</P>
            </SECTION>
          </PART>
          <PART>
            <RESERVED>PART 102-83—CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES [RESERVED]</RESERVED>
          </PART>
          <PART>
            <RESERVED>PARTS 102-84—ANNUAL REAL PROPERTY INVENTORIES [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-85</EAR>
            <HD SOURCE="HED">PART 102-85—PRICING POLICY FOR OCCUPANCY IN GSA SPACE</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—Pricing Policy—General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-85.5</SECTNO>
                <SUBJECT>By what authority is the pricing policy in this part prescribed?</SUBJECT>
                <SECTNO>102-85.10</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <SECTNO>102-85.15</SECTNO>

                <SUBJECT>What are the basic policies for charging Rent for space and services?<PRTPAGE P="89"/>
                </SUBJECT>
                <SECTNO>102-85.20</SECTNO>
                <SUBJECT>What does an Occupancy Agreement (OA) do?</SUBJECT>
                <SECTNO>102-85.25</SECTNO>
                <SUBJECT>What is the basic principle governing OAs?</SUBJECT>
                <SECTNO>102-85.30</SECTNO>
                <SUBJECT>Are there special rules for certain Federal customers?</SUBJECT>
                <SECTNO>102-85.35</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <SECTNO>102-85.40</SECTNO>
                <SUBJECT>What are the major components of the pricing policy?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Occupancy Agreement</HD>
                <SECTNO>102-85.45</SECTNO>
                <SUBJECT>When is an Occupancy Agreement required?</SUBJECT>
                <SECTNO>102-85.50</SECTNO>
                <SUBJECT>When does availability of funding have to be certified?</SUBJECT>
                <SECTNO>102-85.55</SECTNO>
                <SUBJECT>What are the terms and conditions included in an OA?</SUBJECT>
                <SECTNO>102-85.60</SECTNO>
                <SUBJECT>Who can execute an OA?</SUBJECT>
                <SECTNO>102-85.65</SECTNO>
                <SUBJECT>How does an OA obligate the customer agency?</SUBJECT>
                <SECTNO>102-85.70</SECTNO>
                <SUBJECT>Are the standard OA terms appropriate for non-cancelable space?</SUBJECT>
                <SECTNO>102-85.75</SECTNO>
                <SUBJECT>When can space assignments be terminated?</SUBJECT>
                <SECTNO>102-85.80</SECTNO>
                <SUBJECT>Who is financially responsible for expenses resulting from tenant non-performance?</SUBJECT>
                <SECTNO>102-85.85</SECTNO>
                <SUBJECT>What if a customer agency participates in a consolidation?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Tenant Improvement Allowance</HD>
                <SECTNO>102-85.90</SECTNO>
                <SUBJECT>What is a tenant improvement allowance?</SUBJECT>
                <SECTNO>102-85.95</SECTNO>
                <SUBJECT>Who pays for the TI allowance?</SUBJECT>
                <SECTNO>102-85.100</SECTNO>
                <SUBJECT>How does a customer agency pay for tenant improvements?</SUBJECT>
                <SECTNO>102-85.105</SECTNO>
                <SUBJECT>How does an agency pay for customer alterations that exceed the TI allowance?</SUBJECT>
                <SECTNO>102-85.110</SECTNO>
                <SUBJECT>Can the allowance amount be changed?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Rent Charges</HD>
                <SECTNO>102-85.115</SECTNO>
                <SUBJECT>How is the Rent determined?</SUBJECT>
                <SECTNO>102-85.120</SECTNO>
                <SUBJECT>What is “shell Rent”?</SUBJECT>
                <SECTNO>102-85.125</SECTNO>
                <SUBJECT>What alternate methods may be used to establish Rent in Federally owned space?</SUBJECT>
                <SECTNO>102-85.130</SECTNO>
                <SUBJECT>How are exemptions from Rent granted?</SUBJECT>
                <SECTNO>102-85.135</SECTNO>
                <SUBJECT>What if space and services are provided by other executive agencies?</SUBJECT>
                <SECTNO>102-85.140</SECTNO>
                <SUBJECT>How are changes in Rent reflected in OAs?</SUBJECT>
                <SECTNO>102-85.145</SECTNO>
                <SUBJECT>When are customer agencies responsible for Rent charges?</SUBJECT>
                <SECTNO>102-85.150</SECTNO>
                <SUBJECT>How will Rent charges be reflected on the customer agency's Rent bill?</SUBJECT>
                <SECTNO>102-85.155</SECTNO>
                <SUBJECT>What does a customer agency do if it does not agree with a Rent bill?</SUBJECT>
                <SECTNO>102-85.160</SECTNO>
                <SUBJECT>How does a customer agency know how much to budget for Rent?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Standard Levels of Service</HD>
                <SECTNO>102-85.165</SECTNO>
                <SUBJECT>What are standard levels of service?</SUBJECT>
                <SECTNO>102-85.170</SECTNO>
                <SUBJECT>Can flexitime and other alternative work schedules cost the customer agency more?</SUBJECT>
                <SECTNO>102-85.175</SECTNO>
                <SUBJECT>Are the standard level services for cleaning, mechanical operation, and maintenance identified in an OA?</SUBJECT>
                <SECTNO>102-85.180</SECTNO>
                <SUBJECT>Can there be other standard services?</SUBJECT>
                <SECTNO>102-85.185</SECTNO>
                <SUBJECT>Can space be exempted from the standard levels of service?</SUBJECT>
                <SECTNO>102-85.190</SECTNO>
                <SUBJECT>Can GSA Rent be adjusted when standard levels of service are performed by other customer agencies?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Special Services</HD>
                <SECTNO>102-85.195</SECTNO>
                <SUBJECT>Does GSA provide special services?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart G—Continued Occupancy, Relocation and Forced Moves</HD>
                <SECTNO>102-85.200</SECTNO>
                <SUBJECT>Can customer agencies continue occupancy of space or must they relocate at the end of an OA?</SUBJECT>
                <SECTNO>102-85.205</SECTNO>
                <SUBJECT>What happens if a customer agency continues occupancy after the expiration of an OA?</SUBJECT>
                <SECTNO>102-85.210</SECTNO>
                <SUBJECT>What if a customer agency has to relocate?</SUBJECT>
                <SECTNO>102-85.215</SECTNO>
                <SUBJECT>What if another customer agency forces a GSA customer to move?</SUBJECT>
                <SECTNO>102-85.220</SECTNO>
                <SUBJECT>Can a customer agency forced to relocate waive the reimbursements?</SUBJECT>
                <SECTNO>102-85.225</SECTNO>
                <SUBJECT>What are the funding responsibilities for relocations resulting from emergencies? </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>66 FR 23169, May 8, 2001, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—Pricing Policy—General</HD>
              <SECTION>
                <SECTNO>§ 102-85.5</SECTNO>
                <SUBJECT>By what authority is the pricing policy in this part prescribed?</SUBJECT>
                <P>(a) General authority is granted in 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>
                <P>(b) This part implements the applicable provisions of Federal law, including, but not limited to, the:</P>
                <P>(1) Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended;</P>
                <P>(2) Act of July 1, 1898 (40 U.S.C. 285);<PRTPAGE P="90"/>
                </P>
                <P>(3) Act of April 28, 1902 (40 U.S.C. 19);</P>
                <P>(4) Act of August 27, 1935 (40 U.S.C. 304c);</P>
                <P>(5) Public Buildings Act of 1959, as amended (40 U.S.C. 601-619);</P>
                <P>(6) Public Buildings Amendments of 1972, Pub. L. 92-313, (86 Stat. 219);</P>
                <P>(7) Rural Development Act of 1972, Pub. L. 92-419, (86 Stat. 674);</P>
                <P>(8) Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note);</P>

                <P>(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 <E T="03">et seq.</E>);</P>

                <P>(10) National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 <E T="03">et seq.</E>);</P>
                <P>(11) Intergovernmental Cooperation Act of 1968 and the Federal Urban Land Use Act (42 U.S.C. 4201-4244; 40 U.S.C. 531-535);</P>
                <P>(12) Public Buildings Cooperative Use Act of 1976, as amended (40 U.S.C. 490(a)(16)-(19), 601a and 612a);</P>
                <P>(13) Public Buildings Amendments of 1988, Pub. L. 100-678, (102 Stat. 4049);</P>

                <P>(14) National Historic Preservation Act of 1966 as amended (16 U.S.C. 461 <E T="03">et seq.</E>);</P>
                <P>(15) Executive Order 12072 of August 16, 1978 (43 FR 36869);</P>
                <P>(16) Executive Order 12411 of March 29, 1983 (48 FR 13391);</P>
                <P>(17) Executive Order 12512 of April 29, 1985 (50 FR 18453);</P>
                <P>(18) Executive Order 13005 of May 21, 1996 (61 FR 26069); and</P>
                <P>(19) Executive Order 13006 of May 21, 1996 (61 FR 26071).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.10</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <P>(a) This part describes GSA policy and principles for the assignment and occupancy of space under its control and the rights and obligations of GSA and the customer agencies that request or occupy such space pursuant to GSA Occupancy Agreements (OA).</P>
                <P>(b) Space managed by agencies under delegation of authority from GSA is subject to the provisions of this part.</P>
                <P>(c) This part is not applicable to:</P>
                <P>(1) Licenses, permits or leases with non-Federal entities under the Public Buildings Cooperative Use Act (40 U.S.C. 490(a)(16-19)); or</P>
                <P>(2) The disposal of surplus lease space under section 210(h)(2) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(h)(2)).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.15</SECTNO>
                <SUBJECT>What are the basic policies for charging Rent for space and services?</SUBJECT>
                <P>(a) GSA will charge for space and services furnished by GSA (unless otherwise exempted by the Administrator of General Services) a Rent charge which will approximate commercial charges for comparable space and services. Rent for all assignments for GSA-controlled space will be priced according to the principles of the pricing policy in this part. These principles are reflected in the following elements of GSA Rent charges:</P>
                <P>(1) “Shell” Rent based on approximate commercial charges for comparable space and services for Federally owned space (accomplished using appraisal procedures);</P>
                <P>(2) Rent based on actual cost of the lease, including the costs (if any) of services not provided by the lessor, plus a GSA fee;</P>
                <P>(3) Amortization of any tenant improvement allowance used;</P>
                <P>(4) Any applicable real estate taxes, operating costs, parking, security and joint use fees; and</P>
                <P>(5) For certain projects involving new construction or major renovation of Federally-owned buildings, a return on investment pricing approach if an appraisal-determined rental value does not provide a minimum return (OMB discount rate for calculating the present value of yearly costs plus 2%) on the cost of the prospective capital investment. Each specific use of Return on Investment (ROI) pricing must be approved by OMB and duly recorded in an Occupancy Agreement (OA) with the customer agency. Once the ROI methodology is employed to establish Rent for a capital investment, the ROI method must be retained for the duration of the OA term.</P>
                <P>(b) Special services not included in the standard levels of service may be provided by GSA on a reimbursable basis. GSA may also furnish alterations on a reimbursable basis in buildings where GSA is responsible for alterations only.</P>

                <P>(c) The financial terms and conditions under which GSA assigns, and a <PRTPAGE P="91"/>customer agency occupies, each block of GSA-controlled space, shall be documented in a written OA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.20</SECTNO>
                <SUBJECT>What does an Occupancy Agreement (OA) do?</SUBJECT>
                <P>An OA defines GSA's relationship with each customer agency and:</P>
                <P>(a) Establishes specific financial terms, provisions, rights, and obligations of GSA and its customer for each space assignment;</P>
                <P>(b) Minimizes exposure to future unknown costs for both GSA and customer agencies;</P>
                <P>(c) Stabilizes Rent payments to the extent reasonable and desired by customers; and</P>
                <P>(d) Allows tailoring of space and related services to meet customer agency needs.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.25</SECTNO>
                <SUBJECT>What is the basic principle governing OAs?</SUBJECT>
                <P>The basic principle governing OAs is to adopt the private sector practice of capturing in a written document the business terms to which GSA and a customer agency agree concerning individual space assignments.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.30</SECTNO>
                <SUBJECT>Are there special rules for certain Federal customers?</SUBJECT>
                <P>Yes, in lieu of OAs, GSA is able to enter into agreements with customer agencies that reflect the parties particular needs. For example, the space and services provided to the U.S. House of Representatives and the U.S. Senate are governed by existing memoranda of agreement (MOA). When there are conflicts between the provisions of this part and MOAs, the MOAs prevail.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.35</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <P>The following definitions apply to this part:</P>
                <P>
                  <E T="03">Accept space</E> or <E T="03">acceptance of space</E> means a commitment from an agency to occupy specified GSA-controlled space.</P>
                <P>
                  <E T="03">Agency-controlled and/or operated space</E> means:</P>
                <P>(1) Space that is owned, leased, or otherwise controlled or operated by Federal agencies under any authority other than the Federal Property and Administrative Services Act of 1949, as amended; and</P>
                <P>(2) it also includes agency-acquired space for which acquisition authority has been delegated or otherwise granted to the agency by GSA. It does not include space covered by an OA.</P>
                <P>
                  <E T="03">Assign</E> or <E T="03">assignment</E> is defined in the definition for space assignment.</P>
                <P>
                  <E T="03">Building shell</E> means the complete enveloping structure, the base-building systems, and the finished common areas(building common and floor common) of a building that bound the tenant areas.</P>
                <P>
                  <E T="03">Customer agency</E> means any department, agency, or independent establishment in the Federal Government, including any wholly-owned corporation; any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under his direction).</P>
                <P>
                  <E T="03">Emergency relocation</E> is a customer move that results from an extraordinary event such as a fire, natural disaster, or immediate threat to the health and safety of occupants that renders a current space assignment unusable and requires that it be vacated, permanently or temporarily.</P>
                <P>
                  <E T="03">Federal Buildings Fund</E> means the fund into which Rent charges and other revenues are deposited, and collections cited in section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (U.S.C. 490(j)), and from which monies are available for expenditures for real property management and related activities in such amounts as are specified in annual appropriations acts without regard to fiscal year limitations.</P>
                <P>
                  <E T="03">Federally controlled space</E> means workspace for which the United States Government has a right of occupancy by ownership, by lease, or by any other means, such as by contract, barter, license, easement, permit, requisition, or condemnation. Such workspace excludes space owned or leased by private sector entities performing work on Government contracts.</P>
                <P>
                  <E T="03">Federally owned space</E> means space, the title to which is vested in the United States Government or which <PRTPAGE P="92"/>will vest automatically according to an existing agreement.</P>
                <P>
                  <E T="03">Forced move</E> means the involuntary physical relocation, from one space assignment to another, of a customer agency housed in GSA-controlled space initiated by another customer agency or by GSA, before the expiration of a lease or an OA term. (See also the definition of GSA-initiated move.)</P>
                <P>
                  <E T="03">General use space</E> means all types of space other than “warehouse,” “parking,” or “unique” space, as defined elsewhere in this part. Examples of general use space are:</P>
                <P>(1) Office and office-related space such as file areas, libraries, meeting rooms, computer rooms, mail rooms, training and conference, automated data processing operations, courtrooms, and judicial chambers; and</P>
                <P>(2) Storage space that contains different quality and finishes from general use space, but that is within a building where predominantly general use space is located.</P>
                <P>
                  <E T="03">GSA-controlled space</E> means Federally controlled space under the custody or control of GSA. It includes space for which GSA has delegated operational, maintenance, or protection authority to the customer agency.</P>
                <P>
                  <E T="03">GSA-delegated space (or GSA delegated building)</E> means GSA-controlled space for which GSA has delegated operational, maintenance or protection authority to the customer agency.</P>
                <P>
                  <E T="03">GSA-initiated move</E> means any relocation action in GSA-controlled space that:</P>
                <P>(1) Is involuntary to the customer agency and required to be effective prior to the expiration of an effective OA, or in the case of leased space, prior to the expiration of the lease; or</P>
                <P>(2) Is an emergency relocation initiated by GSA.</P>
                <P>
                  <E T="03">Initial space alteration (ISA).</E> See definition of “tenant improvement.”</P>
                <P>
                  <E T="03">Initial space layout</E> means the specific placement of workstations, furniture and equipment within new space assignments.</P>
                <P>
                  <E T="03">Inventory</E> means a summary or itemized list of the real property, and associated descriptive information, that is under the control of a Federal agency.</P>
                <P>
                  <E T="03">Joint-use space</E> means common space within a Federally controlled facility, not specifically assigned to any one agency, and available for use by multiple agencies, such as cafeterias, auditoriums, conference rooms, credit unions, visitor parking spaces, snack bars, certain wellness/physical fitness facilities, and child care centers.</P>
                <P>
                  <E T="03">Leased space</E> means space for which the United States Government has a right of use and occupancy by virtue of having acquired a leasehold interest.</P>
                <P>
                  <E T="03">Non-cancelable space</E> means space that, due to its layout, design, location, or other characteristics, is unlikely to be needed by another GSA customer agency. Typical conditions that might cause space to be defined as non-cancelable are:</P>
                <P>(1) Special space construction features;</P>
                <P>(2) Lack of any realistic Federal need for the space other than by the requesting agency; and</P>
                <P>(3) Remote location or unusual term (short or long) desired by the agency.</P>
                <P>
                  <E T="03">Occupancy Agreement (OA)</E> means a written agreement descriptive of the financial terms and conditions under which GSA assigns, and a customer agency occupies, the GSA-controlled space identified therein.</P>
                <P>
                  <E T="03">Parking</E> or <E T="03">parking space</E> means surface land, structures, or areas within structures designed and designated for the purpose of parking vehicles.</P>
                <P>
                  <E T="03">Personnel</E> means the peak number of persons to be housed during a single shift, regardless of how many workstations are provided for them. In addition to permanent employees of the agency, personnel includes temporaries, part-time, seasonal, and contractual employees, budgeted vacancies, and employees of other agencies and organizations who are housed in a space assignment.</P>
                <P>
                  <E T="03">Portfolio leases</E> mean long term or “master” leases, usually negotiated to house several agencies whose individual term requirements differ from the terms of the underlying GSA lease with the lessor, and from each other. These may also be leases housing single agencies, but which entail for GSA responsibilities (burdens and benefits) which mimic an ownership position, or equity rights, even though no equity <PRTPAGE P="93"/>interest or ownership liability exists. An example of the latter would be long term renewal options on a lease which, in order to enjoy, involve substantial capital outlays by GSA to improve the building infrastructure. In both these cases, GSA is assuming risks or capital expenditures outside of the conventions of single transactions or occupancies. Accordingly, for a portfolio lease, it is not appropriate merely to pass through to the customer agency(ies) the rental rate of the underlying GSA lease. Portfolio leases are treated for pricing purposes as owned space, with Rent set by appraisal.</P>
                <P>
                  <E T="03">Predominant use</E> means the use to which the greatest portion of a location is put. Predominant use is determined by the Public Buildings Service (PBS), GSA, and will typically result in the designation of a location as one of four types of space—General Use, Warehouse, Unique, or Parking—even though some smaller portions of the space may be used for one or more of the other types of uses.</P>
                <P>
                  <E T="03">Rent</E> means the amounts charged by GSA for space and related services to the customer agencies with tenancy in GSA-controlled space. The word “Rent” is capitalized to differentiate it from the contract “rent” that GSA pays lessors.</P>
                <P>
                  <E T="03">Rentable square footage</E> means the amount of space as defined in “Building Owners and Managers Association (BOMA)/American National Standards Institute (ANSI) Standard Z65.1-1996.” The BOMA/ANSI standard also defines “gross,” “office area,” “floor common,” and “building common” areas. Any references to these terms in this part refer to the BOMA/ANSI standard definitions. This standard has been adopted in accordance with GSA's interest in conforming its practices to nationally recognized industry standards to the extent possible.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to the Definition of Rentable Square Footage:</HD>
                  <P>Rentable square footage generally includes square footage of areas occupied by customers plus a prorated share of floor common areas such as elevator lobbies, building corridors, public restrooms, utility closets, and machine rooms. Rentable square footage also includes a prorated share of building common areas located throughout the building. Examples of building common space include ground floor entrance lobby, enclosed atrium, loading dock, and mail room. </P>
                </NOTE>
                
                <P>
                  <E T="03">Request for space</E> or<E T="03"> space request</E> means a written or electronically submitted document or an oral request, within which an agency's space needs are summarized. A request for space is requisite for development of an OA. Thus, it must be submitted to GSA by a duly authorized official of the customer agency, and it must be accompanied by documentation of the customer agency's ability to fund payment of required Rent charges.</P>
                <P>
                  <E T="03">Return on Investment (ROI) pricing</E> is one possible methodology used to establish a Rent rate for certain owned space. Typically, ROI pricing is a Rent rate that ensures GSA a reasonable return on its cost to acquire and improve the asset. ROI pricing may be used where no other comparable commercial space is available or no other appraisal method would be appropriate. It may also be used in cases in which an appraisal-based rental rate will not meet GSA's minimum return requirements for the planned level of investment.</P>
                <P>
                  <E T="03">Security fees</E> mean Rent charges for building services provided by GSA's Federal Protective Service. Security fees are comprised of basic and building specific charges.</P>
                <P>(a) A basic security fee is assessed in all PBS-controlled properties where the Federal Protective Service (FPS) provides security services. The rate is set annually on a per-square-foot basis. The charge includes the following services:</P>
                <P>(1) General law enforcement on PBS-controlled property;</P>
                <P>(2) Physical security assessments;</P>
                <P>(3) Crime prevention and awareness training;</P>
                <P>(4) Advice and assistance to building security committees;</P>
                <P>(5) Intelligence sharing program;</P>
                <P>(6) Criminal investigation;</P>
                <P>(7) Assistance and coordination in Occupancy Emergency Plan development;</P>
                <P>(8) Coordination of mobilization and response to terrorist threat or civil disturbance;</P>
                <P>(9) Program administration for security guard contracts; and</P>

                <P>(10) Megacenter operations for monitoring building perimeter alarms and <PRTPAGE P="94"/>dispatching appropriate law enforcement response.</P>
                <P>(b) The building specific security charge is comprised of two elements: Operating expenses and amortized capital costs. Building specific charges, whether operating expenses or capital costs, are distributed overall federal users by building or facility in direct proportion to each customer agency's percentage of federal occupancy. As with joint use charges, the distribution of building-specific charges among customer agencies is not re-adjusted for vacancy.</P>
                <P>
                  <E T="03">Space</E> means a defined area within a building and/or parcel of land. (Personal property and furniture are not included.)</P>
                <P>
                  <E T="03">Space allocation standard (SAS)</E> means a standard agreed upon by GSA and a customer agency, written in terms that permit nationwide or regional application, that is used as a basis for establishing that agency's space requirements. An SAS may describe special GSA and customer agency funding responsibilities, although such responsibilities will be covered in OAs for space assignments. An SAS may also be developed between GSA and customer agencies on a regional level to standardize or simplify transactions, provided that the terms of a regional SAS are consistent with the terms of that agency's national SAS and the terms of this part.</P>
                <P>
                  <E T="03">Space assignment</E> or <E T="03">assignments</E> means a transaction between GSA and a customer agency that results in a customer agency's right to occupy certain GSA-controlled space, usually in return for customer agency payment(s) to GSA for use of the space. Space assignment rights, obligations, and responsibilities not covered in this part, or in the customer guides, are formalized in an OA.</P>
                <P>
                  <E T="03">Space planning</E> means the process of using recognized professional techniques of planning, layout and interior design to determine the best internal location and the most efficient configuration for satisfying agency space needs.</P>
                <P>
                  <E T="03">Space program of requirements</E> means a summary statement of an agency's space needs. These requirements will generally include information about location, square footage, construction requirements, and duration of the agency's space need. They may be identified in any format mutually agreeable to GSA and the agency.</P>
                <P>
                  <E T="03">Special space</E> means space which has unusual architectural/construction features, requires the installation of special equipment, or requires disproportionately high or low costs to construct, maintain and/or operate as compared to office or storage space. Special space generally refers to space which has construction features, finishes, services, utilities, or other additional costs beyond those specified in the customer general allowance (<E T="03">e.g.</E>, courtrooms, laboratories).</P>
                <P>
                  <E T="03">Standard level of service.</E> See § 102-85.165 for the definition of standard level of service.</P>
                <P>
                  <E T="03">Telecommunications</E> means electronic processing of information, either voice or data or both, over a wide variety of media, (<E T="03">e.g.,</E> copper wire, microwave, fiber optics, radio frequencies), between individuals or offices within a building (<E T="03">e.g.,</E> local area networks), between buildings, and between cities.</P>
                <P>
                  <E T="03">Tenant improvement (TI)</E> means a finished component of an interior block of space. Tenant improvements represent additions to or alterations of the building shell that adapt the workspace to the specific uses of the customer. If made at initial occupancy, the TIs are known as initial space alterations or ISAs.</P>
                <P>
                  <E T="03">Tenant improvement (TI) allowance</E> means the dollar amount, including design, labor, materials, contractor costs (if contractors are used), management, and inspection, that GSA will spend to construct, alter, and finish space for customer occupancy (excluding personal property and furniture, which are customer agency responsibilities) at initial occupancy. The dollar amounts for the allowances are different for each agency and bureau to accommodate agencies' different mission needs. The dollar amounts also may vary by locations reflecting different costs in different markets. The PBS bill will only reflect the actual amount the customers spend, not the allowance. The amount of the TI allowance is determined by GSA. Agencies can request that GSA revise the TI allowance <PRTPAGE P="95"/>amount by project or categorically for an entire bureau. The cost of replacement of tenant improvements is borne by the customer agency.</P>
                <P>
                  <E T="03">Unique space</E> means space for which there is no commercial market comparable (<E T="03">e.g.,</E> border stations).</P>
                <P>
                  <E T="03">Warehouse</E> or <E T="03">warehouse space</E> means space contained in a structure primarily intended for the housing of files, records, equipment, or other personal property, and is not primarily intended for housing personnel and office operations. Warehouse space generally is designed and constructed to lower specifications than office buildings, with features such as exposed ceilings, unfinished perimeter and few dividing partitions. Warehouse space also is usually heated to a lesser degree but not air-conditioned, and is cleaned to lesser standards than office space.</P>
                <P>
                  <E T="03">Workspace</E> means Federally controlled space in buildings and structures (permanent, semi-permanent, or temporary) that provides an acceptable environment for the performance of agency mission requirements by employees or by other persons occupying it.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.40</SECTNO>
                <SUBJECT>What are the major components of the pricing policy?</SUBJECT>
                <P>The major components of the pricing policy are:</P>
                <P>(a) An OA between a customer agency and GSA;</P>
                <P>(b) Tenant improvement allowance; and</P>
                <P>(c) The establishment of Rent the agency pays to GSA based on the OA for:</P>
                <P>(1) Leased space, a pass-through to the customer agency of the underlying GSA lease contract costs, and a PBS fee; or</P>
                <P>(2) GSA-owned space, Rent determined by appraisal.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Occupancy Agreement</HD>
              <SECTION>
                <SECTNO>§ 102-85.45</SECTNO>
                <SUBJECT>When is an Occupancy Agreement required?</SUBJECT>
                <P>An Occupancy Agreement (OA) is required for each customer agency's space assignment. The OA must be agreed to by GSA and the customer agency prior to GSA's commitment of funds for occupancy and formal assignment of space.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.50</SECTNO>
                <SUBJECT>When does availability of funding have to be certified?</SUBJECT>

                <P>The customer agency must sign an OA prior to GSA's making any major contractual commitments associated with the space request. Typically, this should occur at the earliest possible opportunity-<E T="03">i.e.,</E> when funds become available. However, in no event shall certification occur later than just prior to the award of the contract to a design architect in the case of Federal construction or renovation in Federally owned space or prior to the award of a lease. This serves as a customer agency's funding commitment unless certification is provided on another document.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.55</SECTNO>
                <SUBJECT>What are the terms and conditions included in an OA?</SUBJECT>
                <P>The terms and conditions are modeled after commercial practice. They are intended to reflect a full mutual understanding of the financial terms and agreement of the parties. The OA describes the actual space and services to be provided and all associated actual costs to the customer during the term of occupancy. The OA does not include any general provisions or terms contained in this part. OAs typically describe the following, depending on whether the space is leased or Federally owned:</P>
                <P>(a) Assigned square footage;</P>
                <P>(b) Shell Rent and term of occupancy;</P>
                <P>(c) Amortized amount of customer allowance used;</P>
                <P>(d) Operating costs and escalations;</P>
                <P>(e) One time charges; <E T="03">e.g.,</E> lump sum payments by the customer;</P>
                <P>(f) Real estate tax and escalations;</P>
                <P>(g) Parking and escalations;</P>
                <P>(h) Additional/reduced services;</P>
                <P>(i) Security services and associated Rent;</P>
                <P>(j) Joint use space and associated Rent;</P>
                <P>(k) PBS fee;</P>
                <P>(l) Customer rights and provisions for occupancy after OA expiration;</P>

                <P>(m) Cancellation provisions if different from this part or the customer service guides;<PRTPAGE P="96"/>
                </P>
                <P>(n) Any special circumstances associated with the occupancy, such as environmental responsibilities, unusual use restrictions, or agreements with local authorities;</P>
                <P>(o) Emergency relocations;</P>
                <P>(p) Clauses specific to the agreement;</P>
                <P>(q) Other Rent, <E T="03">e.g.,</E> charges for antenna sites, land;</P>
                <P>(r) Agency standard clauses; and</P>
                <P>(s) General clauses defining the obligations of both parties.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.60</SECTNO>
                <SUBJECT>Who can execute an OA?</SUBJECT>
                <P>Authorized GSA and customer agency officials who can commit or obligate the funds of their respective agencies can execute an OA. Higher level signatories may be appropriate from both agencies for space assignments in owned or leased space, that are unusual in size, location, duration, public interest, or other factors. Each agency decides its appropriate signatory level.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.65</SECTNO>
                <SUBJECT>How does an OA obligate the customer agency?</SUBJECT>

                <P>An OA obligates the executing customer agency to fund the current-year Rent obligation owed GSA, as well as to reimburse GSA for any other <E T="03">bona fide</E> obligations that GSA may have incurred on behalf of the customer agency. Although the OA is an interagency agreement, memorializing the understanding of GSA and its customer agency, the OA may not be construed as obligating future year customer agency funds until they are legally available. A multi-year OA commitment assumes the customer agency will seek the necessary funding through budget and appropriations processes.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.70</SECTNO>
                <SUBJECT>Are the standard OA terms appropriate for non-cancelable space?</SUBJECT>
                <P>Yes, most of the standard terms apply; however, the right to cancel upon a 4-month (120 day) notice is not available. See § 102-85.35 for the definition of non-cancelable space.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.75</SECTNO>
                <SUBJECT>When can space assignments be terminated?</SUBJECT>
                <P>(a) Customer agencies can terminate any space assignments, except those designated as non-cancelable, with the following stipulations:</P>
                <P>(1) The agency must give GSA written notice at least four months prior to termination.</P>

                <P>(2) The agency is responsible for reimbursing GSA for the unpaid balance of the cost of tenant improvements, generally prior to GSA releasing the agency from the space assignment. In the event the customer agency received a rent concession (<E T="03">e.g.,</E> free rent) at the inception of the assignment as part of the consideration for the entire lease term, then the amount of the concession applicable to the remaining term must be repaid to GSA.</P>
                <P>(3) If the space to be vacated is ready for occupancy by another customer and marketable, GSA accepts the termination of assignment.</P>
                <P>(4) If the agency has vacated all of the space and removed all personal property and equipment from the space by the cancellation date in the written notice, the agency will be released effective that date from further Rent payments.</P>
                <P>(5) An agency may terminate a GSA space assignment with less than a four-month advance written notice to GSA, if:</P>
                <P>(i) Either GSA or the terminating agency has identified another agency customer for the assigned space and that substitute agency wants and is able to fully assume the Rent payments due from the terminating agency; and</P>
                <P>(ii) The terminating agency continues to pay Rent until the new agency starts paying Rent.</P>
                <P>(b) GSA can terminate space assignments according to GSA regulations for emergency or forced moves.</P>
                <P>(c) OAs terminate automatically at expiration.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.80</SECTNO>
                <SUBJECT>Who is financially responsible for expenses resulting from tenant non-performance?</SUBJECT>

                <P>The customer agencies are financially responsible for expenses incurred by the Government as a result of any failure on their part to fulfill a commitment outlined in an OA or other written agreements in advance of, or in addition to, the OA. Customer agencies <PRTPAGE P="97"/>are also financially responsible for revised design costs and any additional costs resulting from changes to space requirements or space layouts made by the agency after a lease, alteration, design, or construction contract has been awarded by GSA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.85</SECTNO>
                <SUBJECT>What if a customer agency participates in a consolidation?</SUBJECT>
                <P>If an agency agrees to participate in a consolidation upon expiration of an OA, the relocation expenses will be addressed in the new OA negotiated by GSA and the customer agency. The customer agency generally pays such costs.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Tenant Improvement Allowance</HD>
              <SECTION>
                <SECTNO>§ 102-85.90</SECTNO>
                <SUBJECT>What is a tenant improvement allowance?</SUBJECT>
                <P>A tenant improvement (TI) allowance enables the customer agency to design, configure and build out space to support its program operations. It is based on local market construction costs and the specific bureau's historical use of space. (See also the definition at § 102-85.35.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.95</SECTNO>
                <SUBJECT>Who pays for the TI allowance?</SUBJECT>
                <P>The customer agency pays for the amount of the tenant improvement allowance actually used.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.100</SECTNO>
                <SUBJECT>How does a customer agency pay for tenant improvements?</SUBJECT>
                <P>To pay for the installation of tenant improvements, the customer agency may spend an amount not to exceed the tenant allowance. The amount spent by the customer agency for TIs is amortized over a period of time specified in the OA, not to exceed the useful life of the improvements. This amortization payment is in addition to the shell rent and services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.105</SECTNO>
                <SUBJECT>How does an agency pay for customer alterations that exceed the TI allowance?</SUBJECT>
                <P>Amounts exceeding the TI allowance are paid in a one-time lump sum and are not amortized over the term of the occupancy. The agency certifies lump sum funds are available prior to GSA proceeding with the work.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.110</SECTNO>
                <SUBJECT>Can the allowance amount be changed?</SUBJECT>
                <P>The GSA schedule of allowances for new assignments is adjusted annually for design and construction cost changes. As the need arises, GSA may adjust an agency or bureau's TI allowance. GSA may also adjust a TI allowance for a specific project, if conditions warrant. This decision is solely GSA's. In addition, the customer agency may waive any part or all of its customization allowance in the case of a new space assignment. In the case of backfill space (also known as relet space), the customer agency can also waive any part or all of the tenant general allowance, if the customer agency will use the existing tenant improvements, with or without modifications.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Rent Charges</HD>
              <SECTION>
                <SECTNO>§ 102-85.115</SECTNO>
                <SUBJECT>How is the Rent determined?</SUBJECT>
                <P>Unless an exemption is granted under the authority of the Administrator of General Services, the Rent charged approximates commercial charges for comparable space and space-related services as follows:</P>

                <P>(a) Generally, Rent for Federally owned space provided by GSA is based on market appraisals of fully serviced rental values for the predominant use to which space in a building is put; <E T="03">e.g.,</E> general use, warehouse use, and parking use. In cases where market appraisals are not practical; <E T="03">e.g.,</E> in cases involving unique space or when market comparables are not available, GSA may establish Rent on the basis of alternate commercial practices. See the discussion of alternate valuation methods in  § 102-85.125. Amortization of tenant improvements, parking fees, and security charges are calculated separately and added to the appraised shell Rent to establish the Rent charge. Customer agencies also pay for a pro rata share of joint use space.</P>

                <P>(b) Generally, Rent for space leased by GSA is based on the actual cost of the lease, including the costs (if any) of services not provided by the lessor, <PRTPAGE P="98"/>plus a GSA fee, and security charges and parking (if not in the lease).</P>
                <P>(1) The Rent is based on the terms and conditions of the OA, starting with the shell Rent.</P>

                <P>(2) In addition to the shell Rent, the Rent includes amortization of TI allowances used, real estate taxes, operating costs, extra services, parking, GSA fee for its services, and charges for security, joint-use, and other applicable rental charges (<E T="03">e.g.,</E> antenna site, land, wareyard).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.120</SECTNO>
                <SUBJECT>What is shell Rent?</SUBJECT>
                <P>Shell Rent is that portion of GSA Rent charged for the building envelope and land. (See § 102-85.35 for the definition of building shell.)</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.125</SECTNO>
                <SUBJECT>What alternate methods may be used to establish Rent in Federally-owned space?</SUBJECT>
                <P>Alternate methods of establishing Rent are based on private sector models. They include, but are not limited to:</P>

                <P>(a) Return on investment (ROI) approach or a similar cost recovery method used when market comparables are not available and/or GSA must “build to suit” to fulfill customer agency requirements; <E T="03">e.g.,</E> border stations; and</P>

                <P>(b) Rent schedules for the right to use rooftops and other floor areas not suitable for workspace; <E T="03">e.g.,</E> antenna sites and signage.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.130</SECTNO>
                <SUBJECT>How are exemptions from Rent granted?</SUBJECT>
                <P>Exemptions from Rent are rare. However, the Administrator of General Services may exempt any GSA customer from Rent after a determination that application of Rent would not be feasible or practical. Customer agency requests for exemptions must be addressed to the Administrator of General Services and submitted in accordance with GSA Order PBS 4210.1, “Rent Exemption Procedures,” dated December 20, 1991, or in accordance with any superseding GSA order. A copy of the order may be obtained from the Office of Portfolio Management, General Services Administration, 1800 F Street, NW., Washington, DC 20405.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.135</SECTNO>
                <SUBJECT>What if space and services are provided by other executive agencies?</SUBJECT>
                <P>Any executive agency other than GSA providing space and services is authorized to charge the occupant for the space and services at rates approved by the Administrator of General Services and the Director of the Office of Management and Budget. If space and services are of the type provided by the Administrator of General Services, the executive agency providing the space and services must credit the monies derived from any fees or charges to the appropriation or fund initially charged for providing the space or services, as prescribed by Subsection 210(k) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(k)).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.140</SECTNO>
                <SUBJECT>How are changes in Rent reflected in OAs?</SUBJECT>

                <P>(a) If Rent changes in ways that are identified in the OA, then no change to the OA is required. Typically, OAs state that certain components of Rent are subject to annual escalation; <E T="03">e.g.,</E> operating expenses, real estate taxes, parking charges, the basic security charge, and building-specific security operating and amortized capital expenses which do not entail a change in service level. Also, in Federally-owned space, OAs state that the shell rent is re-marked to market every five years. In leased space, the OA will identify any programmed changes in the lease contract rent (such as pre-set increases or steps in the contract rent rate) that will translate into a change in the customer agency's Rent. Changes in Rent specified in OAs will serve as notice to agencies of future Rent changes for budgeting purposes. For a discussion of budgeting for Rent, see § 102-85.160.</P>
                <P>(b) Changes to Rent other than those identified in paragraph (a) of this section typically require an amended OA. There are many events that might occasion a change in Rent, and an amended OA, such as:</P>
                <P>(1) An agency expands or contracts at an existing location;</P>

                <P>(2) PBS agrees to fund additional tenant improvements that are then amortized over the remaining OA term, or over an extended OA term;<PRTPAGE P="99"/>
                </P>
                <P>(3) Upon physical re-measurement, the true square footage of the space assignment is found to be different from the square footage of record;</P>
                <P>(4) The amount of joint use space in the building changes;</P>
                <P>(5) The level of building-specific security services changes; or</P>
                <P>(6) PBS undertakes new capital expenditures for new or enhanced security countermeasures.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.145</SECTNO>
                <SUBJECT>When are customer agencies responsible for Rent charges?</SUBJECT>
                <P>(a) When a customer agency occupies cancelable space, it is responsible for Rent charges until:</P>
                <P>(1) The date of release specified in the OA, or until the date space is actually vacated, whichever occurs later; or</P>
                <P>(2) Four months after having provided GSA written notice of release; or</P>
                <P>(3) The date space is actually vacated, whenever occupancy extends beyond the date agreed upon under either paragraph (a)(1) or (2) of this section.</P>
                <P>(b) When a customer agency releases non-cancelable space, it is responsible for all attributable Rent and other space charges until the OA expires. This responsibility is mitigated to the extent that GSA is able to assign the space to another user or dispose of it. (See § 102-85.65How does an OA obligate the customer agency?)</P>
                <P>(c) When a customer agency commits to occupy space in an OA or other binding document, but never occupies that space, that agency is responsible for:</P>
                <P>(1) Non-cancelable space: Rent payments due for the space until the OA expires, unless GSA can mitigate; or</P>
                <P>(2) All other space: Either GSA's space charges for 4 months plus the cost of tenant improvements or GSA's actual costs, whichever is less.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.150</SECTNO>
                <SUBJECT>How will Rent charges be reflected on the customer agency's Rent bill?</SUBJECT>
                <P>Rent charges are billed monthly, in arrears, based on an annual rate which is divided by 12. Billing commences the first month in which the agency occupies the space for more than half of the month, and ends in the last month the agency occupies the space.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.155</SECTNO>
                <SUBJECT>What does a customer agency do if it does not agree with a Rent bill?</SUBJECT>

                <P>(a) If a customer agency does not agree with the way GSA has determined its Rent obligation (<E T="03">e.g.,</E> the agency does not agree with GSA's space classification, appraised Rent, or the allocation of space), the agency may appeal its Rent bill to GSA.</P>
                <P>(b) GSA will not increase or otherwise change Rent for any assignment, except as agreed in an OA, in the case of errors, or when the OA is amended. However, customer agencies may at any time request a regional review of the measurement, classification, service levels provided, or charges assessed that pertain to the space assignment without resorting to formal procedures. Such requests do not constitute appeals and should be directed to the appropriate GSA Regional Administrator.</P>
                <P>(c) If a customer agency still wants to pursue a formal appeal of Rent charges, they may do so, but with the following limitations:</P>
                <P>(1) Terms, including rates, to which the parties agree in an OA are not appealable;</P>
                <P>(2) In leased space, the contract rent passed through from the underlying lease cannot be appealed;</P>

                <P>(3) In GSA-owned space, when the fully-serviced shell Rent is established through appraisal, the appraised rate must exceed comparable commercial square foot rates by 20 percent. When shell Rent in owned space is established on the basis of ROI at the inception of an OA, and the customer agency executes the OA, then the ROI rate cannot later be appealed. Other components of Rent that are established on the basis of actual cost—<E T="03">eg.,</E> amortization of TIs and building specific security charges—also cannot be appealed.</P>
                <P>(4) Additionally, the customer agency is required to compare its assigned space with other space in the surrounding community that:</P>
                <P>(i) Is available in similar size block of space in a comparable location;</P>
                <P>(ii) Is comparable in quality to the space provided by GSA;</P>

                <P>(iii) Provides similar service levels as part of the charges;<PRTPAGE P="100"/>
                </P>
                <P>(iv) Contains similar contractual terms, conditions, and escalations clauses; and</P>
                <P>(v) Represents a lease transaction completed at a similar point in time.</P>
                <P>(5) Data from at least three comparable locations will be necessary to demonstrate a market trend sufficient to warrant revising an appraised Rent charge.</P>
                <P>(d) A customer agency filing an appeal for a particular location or building must develop documentation supporting the appeal and file the appeal with the appropriate Regional Administrator. The GSA regional office will verify all pertinent information and documentation supporting the appeal. The GSA Regional Administrator will accept or deny the appeal and will notify the appealing agency of his or her ruling.</P>
                <P>(e) A further appeal may be filed by the customer agency's headquarters level officials with the Commissioner, Public Buildings Service, if equitable resolution has not been obtained from the initial appeal. A head of a customer agency may further appeal to the Administrator of the General Services. Documentation of the procedures followed for prior resolution must accompany an appeal to the Administrator. Decisions made by the Administrator are final.</P>
                <P>(f) Adjustments of Rent resulting from reviews and appeals will be effective in the month that the agency submitted a properly documented appeal. Adjustments in Rent made under this section remain in effect for the remainder of the 5-year period in which the charges cited in the OA were applicable.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.160</SECTNO>
                <SUBJECT>How does a customer agency know how much to budget for Rent?</SUBJECT>
                <P>GSA normally provides customer agencies an estimate of Rent increases approximately 2 months prior to the agencies' Office of Management and Budget (OMB) submission for the fiscal year in which GSA will charge Rent. This gives the affected customer agencies an opportunity to budget for an increase or decrease. However, GSA must obtain the concurrence of OMB for such changes prior to notifying customer agencies. In the event GSA is unable to provide timely notice of a future Rent increase, customer agencies are nonetheless obligated to pay the increased Rent amount. For existing assignments in owned buildings, GSA charges for fully serviced shell Rent, in aggregate, shall not exceed the bureau level budget estimates provided to the customer agencies annually. This provision does not apply to:</P>
                <P>(a) New assignments;</P>
                <P>(b) Changes in current assignments;</P>
                <P>(c) Leased space;</P>
                <P>(d) New tenant improvement amortization;</P>
                <P>(e) Building specific security costs; and</P>
                <P>(f) New amortization of capital expenditures under ROI pricing due to changes in scope of proposed projects or repair and/or replacement of building components</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Standard Levels of Service</HD>
              <SECTION>
                <SECTNO>§ 102-85.165</SECTNO>
                <SUBJECT>What are standard levels of service?</SUBJECT>
                <P>(a) The standard levels of service covered by GSA Rent are comparable to those furnished in commercial practice. They are based on the effort required to service the customer agency's space for a 5-day week (Monday to Friday), one-shift regular work schedule. GSA will provide adequate building startup services, before the beginning of the customer's regular one-shift work schedule, and shutdown services after the end of this schedule.</P>
                <P>(b) Without additional charge, GSA customers may use their assigned space and supporting automatic elevator systems, lights and small office and business machines including personal computers on an incidental basis, unless specified otherwise in the OA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.170</SECTNO>
                <SUBJECT>Can flexitime and other alternative work schedules cost the customer agency more?</SUBJECT>
                <P>Yes, GSA customers who extend their regular work schedule by a system of flexible hours shall reimburse GSA for its approximate cost of the additional services required.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="101"/>
                <SECTNO>§ 102-85.175</SECTNO>
                <SUBJECT>Are the standard level services for cleaning, mechanical operation, and maintenance identified in an OA?</SUBJECT>
                <P>Unless specified otherwise in the OA, standard level services for cleaning, mechanical operation, and maintenance shall be provided in accordance with the GSA standard level of services as defined in § 102-85.165, and in the PBS Customer Guide to Real Property. A copy of the guide may be obtained from the General Services Administration, Office of Business Performance (PX), 1800 F Street, NW., Washington, DC 20405.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.180</SECTNO>
                <SUBJECT>Can there be other standard services?</SUBJECT>
                <P>GSA may provide additional services to its customers at the levels and times deemed by the Administrator of General Services to be necessary for efficient operations and proper servicing of space under the assignment responsibility of GSA.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.185</SECTNO>
                <SUBJECT>Can space be exempted from the standard levels of service</SUBJECT>
                <P>Yes, customer agencies may be excused from paying for standard service levels for space assignments when:</P>
                <P>(a) In GSA-delegated space, the customer agency provides for these services itself and thus pays Rent minus charges for these services; or</P>

                <P>(b) In rare instances, standard service levels may be waived by the Administrator of General Services in instances where charging for such standard services would not be feasible or practical, <E T="03">e.g.,</E> in assignments of limited square footage or functional use.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.190</SECTNO>
                <SUBJECT>Can GSA Rent be adjusted when standard levels of service are performed by other customer agencies?</SUBJECT>
                <P>Customer agencies that arrange and pay separately for the costs of standard level services normally covered by GSA Rent will receive a Rent credit or other type of reimbursement by GSA for the amount GSA would have charged for such services. The type of reimbursement is at GSA's discretion. The reimbursement is limited to the amount included for the services in GSA Rent. Approval to perform or contract for such services must be obtained in advance by the customer agency from the appropriate GSA regional office.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Special Services</HD>
              <SECTION>
                <SECTNO>§ 102-85.195</SECTNO>
                <SUBJECT>Does GSA provide special services?</SUBJECT>
                <P>Yes, GSA provides special services on a cost-reimbursable basis:</P>
                <P>(a) In GSA-controlled space, GSA may provide for special services that cannot be separated from the building or space costs (inseparable services, such as utilities, which are not individually metered). GSA's estimate of the special service cost is the basis for the bill amount. The bill amount for separable special services is either based on a previously agreed upon fixed price or the actual cost, including a fee for GSA's services.</P>
                <P>(b) GSA can also provide special services to other Federal agencies in agency-controlled and operated space on a cost-reimbursable basis.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart G—Continued Occupancy, Relocation and Forced Moves</HD>
              <SECTION>
                <SECTNO>§ 102-85.200</SECTNO>
                <SUBJECT>Can customer agencies continue occupancy of space or must they relocate at the end of an OA?</SUBJECT>
                <P>The answer is contingent upon whether the customer agency is in Federally owned or leased space.</P>
                <P>(a) Unless stated otherwise in the OA, a customer agency within a GSA controlled, Federally owned building has automatic occupancy rights at the end of the OA term for occupied space. However, a new OA must be negotiated.</P>

                <P>(b) In leased space, the OA generally reflects the provisions of the underlying lease and will specify whether or not renewal options are available. If the OA does not include a renewal option, customer agencies should assume relocation would be necessary upon OA expiration, and budget for it. Further, renewal options are not, in themselves, a guarantee of continued occupancy at that location. In some cases, the renewal rate is substantially above market or the option was not part of the <PRTPAGE P="102"/>initial price evaluation for the occupancy. In such cases, GSA may be required to run a competition for the replacement lease, and a relocation may ensue. Nonetheless, it is also possible that GSA may execute a succeeding lease with the incumbent lessor, in which case there is no move.</P>
                <P>(c) GSA and customer agencies should initiate discussions at least 18-20 months in advance of OA expiration to address an action for the replacement or continued occupancy of the existing space assignment. This allows both agencies time to budget for the work and the cost.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.205</SECTNO>
                <SUBJECT>What happens if a customer agency continues occupancy after the expiration of an OA?</SUBJECT>
                <P>A mutual goal of GSA and its customers is to have current OAs in place for all space assignments. However, provisions are necessary to cover the GSA and customer relationship if an OA expires prior to execution of a mutually desired succeeding agreement. Because the risks, liabilities, and consequences of a customer's continued occupancy depend on whether the assigned space is leased or Federally owned, different provisions in the following table apply:</P>
                <GPOTABLE CDEF="s50,r50" COLS="2" OPTS="L2,i1">
                  <TTITLE>Holdover Tenancy—Customer Agency Responsibilities in the Event of Tenant Delay in Vacating Space</TTITLE>
                  <BOXHD>
                    <CHED H="1">In leased space</CHED>
                    <CHED H="1">In federally owned space</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">To pay those costs associated with lease contract, GSA fee, and damages/claims, arising from changes in GSA contract costs which are caused by the tenant's delay</ENT>
                    <ENT>To pay Rent as determined by GSA's pricing policy, as described in this part, and those added costs to GSA (claims, damages, changes, etc.) resulting from the tenant-caused delay.</ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.210</SECTNO>
                <SUBJECT>What if a customer agency has to relocate?</SUBJECT>
                <P>If the agency or GSA determines relocation is necessary at the expiration of an OA for either Federally owned or leased space, the customer agency is responsible for all costs associated with relocation at that time.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.215</SECTNO>
                <SUBJECT>What if another customer agency forces a GSA customer to move?</SUBJECT>
                <P>If a GSA customer agency, or GSA, forces the relocation of another GSA customer agency prior to the expiration of the customer's OA, the “forcing” agency is responsible:</P>
                <P>(a) For all reasonable costs associated with the relocation of the agency being “forced” to move, including architectural-engineering design, move coordination and physical relocation, telecommunications and ADP equipment relocation and installation;</P>
                <P>(b) To GSA for all of the relocated agency's unpaid tenant improvements, if any; and</P>
                <P>(c) To the customer agency for the undepreciated amount of any lump sum payment that was already made by the agency for alterations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.220</SECTNO>
                <SUBJECT>Can a customer agency forced to relocate waive the reimbursements?</SUBJECT>
                <P>Yes, a customer agency forced to relocate can waive some or all of the reimbursements from the forcing agency that are prescribed in § 102-85.215. However, a relocated customer agency cannot waive the requirement for the forcing customer agency to reimburse GSA for unpaid tenant improvements. If GSA is the “forcing” agency, it is responsible for the same costs as any other forcing customer agency.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-85.225</SECTNO>
                <SUBJECT>What are the funding responsibilities for relocations resulting from emergencies?</SUBJECT>
                <P>(a) In emergencies, swift remedies, including the possible relocation of a customer agency to alternate space, are required. The remedies may include requests for funding authorizations from OMB and Congress. GSA may serve as the central coordinator of such remedies.</P>

                <P>(b) Funding responsibility will vary by situation. If a customer agency is only temporarily displaced from its space, GSA typically covers the cost of temporary set-up in a provisional location. If the agency is obliged to relocate permanently, an OA will be prepared which will address all terms of <PRTPAGE P="103"/>the occupancy. In such cases, new tenant improvements will be constructed which can be amortized over the life of a new occupancy term, and a new Rent rate will be developed.</P>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PART 102-86—102-115 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="104"/>
          <HD SOURCE="HED">SUBCHAPTER D—TRANSPORTATION</HD>
          <PART>
            <RESERVED>PART 102-116—GENERAL [RESERVED]</RESERVED>
          </PART>
          <PART>
            <EAR>Pt. 102-117</EAR>
            <HD SOURCE="HED">PART 102-117—TRANSPORTATION MANAGEMENT</HD>
            <CONTENTS>
              <SUBPART>
                <HD SOURCE="HED">Subpart A—General</HD>
                <SECHD>Sec.</SECHD>
                <SECTNO>102-117.5</SECTNO>
                <SUBJECT>What is transportation management?</SUBJECT>
                <SECTNO>102-117.10</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <SECTNO>102-117.15</SECTNO>
                <SUBJECT>To whom does this part apply?</SUBJECT>
                <SECTNO>102-117.20</SECTNO>
                <SUBJECT>Are any agencies exempt from this part?</SUBJECT>
                <SECTNO>102-117.25</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Acquiring Transportation or Related Services</HD>
                <SECTNO>102-117.30</SECTNO>
                <SUBJECT>What choices do I have when acquiring transportation or related services?</SUBJECT>
                <SECTNO>102-117.35</SECTNO>
                <SUBJECT>What are the advantages and disadvantages to using GSA's tender of service?</SUBJECT>
                <SECTNO>102-117.40</SECTNO>
                <SUBJECT>When is it advantageous for me to use another agency's contract or rate tender for transportation services?</SUBJECT>
                <SECTNO>102-117.45</SECTNO>
                <SUBJECT>What other factors must I consider when using another agency's contract or rate tender?</SUBJECT>
                <SECTNO>102-117.50</SECTNO>
                <SUBJECT>What are the advantages and disadvantages of contracting directly with a TSP under FAR?</SUBJECT>
                <SECTNO>102-117.55</SECTNO>
                <SUBJECT>What are the advantages and disadvantages of using a rate tender?</SUBJECT>
                <SECTNO>102-117.60</SECTNO>
                <SUBJECT>What is the importance of the terms and conditions in a rate tender or other transportation document?</SUBJECT>
                <SECTNO>102-117.65</SECTNO>
                <SUBJECT>What terms and conditions must all rate tenders or contracts include?</SUBJECT>
                <SECTNO>102-117.70</SECTNO>
                <SUBJECT>Where do I find more information on terms and conditions?</SUBJECT>
                <SECTNO>102-117.75</SECTNO>
                <SUBJECT>How do I reference the rate tender on transportation documents?</SUBJECT>
                <SECTNO>102-117.80</SECTNO>
                <SUBJECT>How are rate tenders filed?</SUBJECT>
                <SECTNO>102-117.85</SECTNO>
                <SUBJECT>What is the difference between a Government bill of lading (GBL) and a bill of lading?</SUBJECT>
                <SECTNO>102-117.90</SECTNO>
                <SUBJECT>May I use U.S. Government bill of lading (GBL) (Optional Forms 1103 and 1203), to acquire freight, household goods or other related transportation services?</SUBJECT>
                <SECTNO>102-117.95</SECTNO>
                <SUBJECT>After the GBLs retire for domestic shipments, what transportation documents must I use to acquire freight, household goods or other transportation services?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Business Rules To Consider Before Shipping Freight or Household Goods</HD>
                <SECTNO>102-117.100</SECTNO>
                <SUBJECT>What business rules must I consider before acquiring transportation or related services?</SUBJECT>
                <SECTNO>102-117.105</SECTNO>
                <SUBJECT>What does best value mean when routing a shipment?</SUBJECT>
                <SECTNO>102-117.110</SECTNO>
                <SUBJECT>What is satisfactory service?</SUBJECT>
                <SECTNO>102-117.115</SECTNO>
                <SUBJECT>How do I calculate total delivery costs?</SUBJECT>
                <SECTNO>102-117.120</SECTNO>
                <SUBJECT>To what extent must I equally distribute orders for transportation and related services among TSPs?</SUBJECT>
                <SECTNO>102-117.125</SECTNO>
                <SUBJECT>How detailed must I describe property for shipment when communicating to a TSP?</SUBJECT>
                <SECTNO>102-117.130</SECTNO>
                <SUBJECT>Must I select TSPs who use alternative fuels?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Restrictions That Affect International Transportation of Freight and Household Goods</HD>
                <SECTNO>102-117.135</SECTNO>
                <SUBJECT>What are the international transportation restrictions?</SUBJECT>
                <SECTNO>102-117.140</SECTNO>
                <SUBJECT>What is cargo preference?</SUBJECT>
                <SECTNO>102-117.145</SECTNO>
                <SUBJECT>What are coastwise laws?</SUBJECT>
                <SECTNO>102-117.150</SECTNO>
                <SUBJECT>What do I need to know about coastwise laws?</SUBJECT>
                <SECTNO>102-117.155</SECTNO>
                <SUBJECT>Where do I go for further information about coastwise laws?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Shipping Freight</HD>
                <SECTNO>102-117.160</SECTNO>
                <SUBJECT>What is freight?</SUBJECT>
                <SECTNO>102-117.165</SECTNO>
                <SUBJECT>What shipping process must I use for freight?</SUBJECT>
                <SECTNO>102-117.170</SECTNO>
                <SUBJECT>What reference materials are available to ship freight?</SUBJECT>
                <SECTNO>102-117.175</SECTNO>
                <SUBJECT>What factors do I consider to determine the mode of transportation?</SUBJECT>
                <SECTNO>102-117.180</SECTNO>
                <SUBJECT>What transportation documents must I use to ship freight?</SUBJECT>
                <SECTNO>102-117.185</SECTNO>
                <SUBJECT>Where must I send a copy of the transportation documents?</SUBJECT>
                <SECTNO>102-117.190</SECTNO>
                <SUBJECT>Where do I file a claim for loss or damage to property?</SUBJECT>
                <SECTNO>102-117.195</SECTNO>
                <SUBJECT>Are there time limits affecting filing of a claim?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Shipping Hazardous Material (HAZMAT)</HD>
                <SECTNO>102-117.200</SECTNO>
                <SUBJECT>What is HAZMAT?</SUBJECT>
                <SECTNO>102-117.205</SECTNO>
                <SUBJECT>What are the restrictions for transportingHAZMAT?</SUBJECT>
                <SECTNO>102-117.210</SECTNO>
                <SUBJECT>Where can I get guidance on transportingHAZMAT?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <PRTPAGE P="105"/>
                <HD SOURCE="HED">Subpart G—Shipping Household Goods</HD>
                <SECTNO>102-117.215</SECTNO>
                <SUBJECT>What are household goods (HHG)?</SUBJECT>
                <SECTNO>102-117.220</SECTNO>
                <SUBJECT>What choices do I have to ship HHG?</SUBJECT>
                <SECTNO>102-117.225</SECTNO>
                <SUBJECT>What is the difference between a contract or rate tender and a commuted rate system?</SUBJECT>
                <SECTNO>102-117.230</SECTNO>
                <SUBJECT>Must I compare costs between a contract or rate tender and the commuted rate system before choosing which method to use?</SUBJECT>
                <SECTNO>102-117.235</SECTNO>
                <SUBJECT>How do I get a cost comparison?</SUBJECT>
                <SECTNO>102-117.240</SECTNO>
                <SUBJECT>What is my agency's financial responsibility to an employee who chooses to move all or part of his/herHHG under the commuted rate system?</SUBJECT>
                <SECTNO>102-117.245</SECTNO>
                <SUBJECT>What is my responsibility in providing guidance to an employee who wishes to use the commuted rate system?</SUBJECT>
                <SECTNO>102-117.250</SECTNO>
                <SUBJECT>What are my responsibilities after shipping the household goods?</SUBJECT>
                <SECTNO>102-117.255</SECTNO>
                <SUBJECT>What actions may I take if the TSP's performance is not satisfactory?</SUBJECT>
                <SECTNO>102-117.260</SECTNO>
                <SUBJECT>What are my responsibilities to employees regarding the TSP's liability for loss or damage claims?</SUBJECT>
                <SECTNO>102-117.265</SECTNO>
                <SUBJECT>Are there time limits that affect filing a claim with a TSP for loss or damage?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart H—Performance Measures</HD>
                <SECTNO>102-117.270</SECTNO>
                <SUBJECT>What are agency performance measures for transportation?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart I—Transportation Service Provider (TSP) Performance</HD>
                <SECTNO>102-117.275</SECTNO>
                <SUBJECT>What performance must I expect from a TSP?</SUBJECT>
                <SECTNO>102-117.280</SECTNO>
                <SUBJECT>What aspects of the TSP's performance are important to measure?</SUBJECT>
                <SECTNO>102-117.285</SECTNO>
                <SUBJECT>What are my choices if a TSP's performance is not satisfactory?</SUBJECT>
                <SECTNO>102-117.290</SECTNO>
                <SUBJECT>What is the difference between temporary nonuse, suspension and debarment?</SUBJECT>
                <SECTNO>102-117.295</SECTNO>
                <SUBJECT>Who makes the decisions on temporary nonuse, suspension and debarment?</SUBJECT>
                <SECTNO>102-117.300</SECTNO>
                <SUBJECT>Do the decisions on temporary nonuse, suspension and debarment go beyond the agency?</SUBJECT>
                <SECTNO>102-117.305</SECTNO>
                <SUBJECT>Where do I go for information on the process for suspending or debarring a TSP?</SUBJECT>
                <SECTNO>102-117.310</SECTNO>
                <SUBJECT>What records must I keep on temporary nonuse, suspension or debarment of a TSP?</SUBJECT>
                <SECTNO>102-117.315</SECTNO>
                <SUBJECT>Who must I notify on suspension or debarment of a TSP?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart J—Representation Before Regulatory Body Proceedings</HD>
                <SECTNO>102-117.320</SECTNO>
                <SUBJECT>What is a transportation regulatory body proceeding?</SUBJECT>
                <SECTNO>102-117.325</SECTNO>
                <SUBJECT>May my agency appear on its own behalf before a transportation regulatory body proceeding?</SUBJECT>
                <SECTNO>102-117.330</SECTNO>
                <SUBJECT>When, or under what circumstances, would GSA delegate authority to an agency to appear on its own behalf before a transportation regulatory body proceeding?</SUBJECT>
                <SECTNO>102-117.335</SECTNO>
                <SUBJECT>How does my agency ask for a delegation to represent itself in a regulatory body proceeding?</SUBJECT>
                <SECTNO>102-117.340</SECTNO>
                <SUBJECT>What other types of assistance may GSA provide agencies in dealing with regulatory bodies?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart K—Reports</HD>
                <SECTNO>102-117.345</SECTNO>
                <SUBJECT>Is there a requirement for me to report to GSA on my transportation activities?</SUBJECT>
                <SECTNO>102-117.350</SECTNO>
                <SUBJECT> How will GSA use reports I submit?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart L—Governmentwide Transportation Policy Council (GTPC)</HD>
                <SECTNO>102-117.355</SECTNO>
                <SUBJECT>What is the Governmentwide TransportationPolicy Council (GTPC)?</SUBJECT>
                <SECTNO>102-117.360</SECTNO>
                <SUBJECT>Where can I get more information about the GTPC?</SUBJECT>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>31 U.S.C. 3726; 40 U.S.C. 481, <E T="03">et seq.</E>
              </P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 60061, Oct. 6, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SECTION>
                <SECTNO>§ 102-117.5</SECTNO>
                <SUBJECT>What is transportation management?</SUBJECT>
                <P>Transportation management is agency oversight of the physical movement of commodities, household goods (HHG) and other freight from one location to another by a transportation service provider (TSP).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.10</SECTNO>
                <SUBJECT>What is the scope of this part?</SUBJECT>
                <P>This part addresses shipping freight and household goods worldwide. Freight is property or goods transported as cargo. Household goods are not Government property, but are employees' personal property entrusted to the Government for shipment.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="106"/>
                <SECTNO>§ 102-117.15</SECTNO>
                <SUBJECT>To whom does this part apply?</SUBJECT>

                <P>This part applies to all agencies and wholly owned Government corporations as defined in 5 U.S.C. 101 <E T="03">et seq.</E> and 31 U.S.C. 9101(3), except those indicated in § 102-117.20.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.20</SECTNO>
                <SUBJECT>Are any agencies exempt from this part?</SUBJECT>

                <P>(a) The Department of Defense is exempted from this part by an agreement under the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 481 <E T="03">et seq.</E>), except for the rules to debar or suspend a TSP under the Federal Acquisition Regulation (48 CFR part 9, subpart 9.4).</P>
                <P>(b) Subpart D of this part, covering household goods, does not apply to the uniformed service members, under Title 37 of the United States Code, “Pay and Allowances of the Uniformed Services,” including the uniformed service members serving in civilian agencies such as the U.S. Coast Guard, National Oceanic and Atmospheric Administration and the Public Health Service.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.25</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
                <P>The following definitions apply to this part:</P>
                <P>
                  <E T="03">Accessorial charges</E> are charges for services other than line-haul charges. Examples of accessorial charges are:</P>
                <P>(1) Inside delivery, redelivery, reconsignment, and demurrage or detention for freight; and</P>
                <P>(2) Packing, unpacking, appliance servicing, blocking and bracing, and special handling for household goods.</P>
                <P>
                  <E T="03">Agency</E> is any executive agency, but does not include:</P>
                <P>(1) A Government Controlled Corporation;</P>
                <P>(2) The Tennessee Valley Authority;</P>
                <P>(3) The Virgin Islands Corporation;</P>
                <P>(4) The Nuclear Regulatory Commission;</P>
                <P>(5) The Central Intelligence Agency;</P>
                <P>(6) The Panama Canal Commission; and</P>
                <P>(7) The National Security Agency, Department of Defense.</P>
                <P>
                  <E T="03">Bill of lading,</E> sometimes referred to as a commercial bill of lading (but includes GBLs), is the document used as a receipt of goods and documentary evidence of title.</P>
                <P>
                  <E T="03">Cargo preference</E> is the legal requirement for all, or a portion of all, ocean-borne cargo to be transported on U.S. flag vessels.</P>
                <P>
                  <E T="03">Commuted rate system</E> is the system under which an agency may allow its employees to make their own household goods shipping arrangements, and apply for reimbursement.</P>
                <P>
                  <E T="03">Consignee</E> is the person or agent to whom freight or household goods are delivered.</P>
                <P>
                  <E T="03">Consignor</E> is the person or firm that ships freight or household goods to a consignee.</P>
                <P>
                  <E T="03">Contract of carriage</E> is a contract between the TSP and the agency to transport freight or household goods.</P>
                <P>
                  <E T="03">Debarment</E> is an action to exclude a TSP, for a period of time, from providing services under a rate tender or any contract under the Federal Acquisition Regulation (48 CFR part 9, subpart 9.406).</P>
                <P>
                  <E T="03">Demurrage</E> is the penalty charge to an agency for delaying the agreed time to load or unload shipments by rail or ocean TSPs.</P>
                <P>
                  <E T="03">Detention</E> is the penalty charge to an agency for delaying the agreed time to load or unload shipments by truck TSPs.</P>
                <P>
                  <E T="03">Electronic commerce</E> is an electronic technique for carrying out business transactions (ordering and paying for goods and services), including electronic mail or messaging, Internet technology, electronic bulletin boards, charge cards, electronic funds transfers, and electronic data interchange.</P>
                <P>
                  <E T="03">Foreign flag vessel</E> is any vessel of foreign registry including vessels owned by U.S. citizens but registered in a foreign country.</P>
                <P>
                  <E T="03">Freight</E> is property or goods transported as cargo.</P>
                <P>
                  <E T="03">Government bill of lading (GBL)</E> is the Optional Form 1103 or 1203, the transportation document used as a receipt of goods, evidence of title, and a contract of carriage.</P>
                <P>
                  <E T="03">Governmentwide Transportation Policy Council (GTPC)</E> is an interagency forum to help GSA formulate policy. It provides agencies managing transportation programs a forum to exchange information and ideas to solve common <PRTPAGE P="107"/>problems. For further information on this council, see web site: <E T="03">http://www.policyworks.gov/transportation.</E>
                </P>
                <P>
                  <E T="03">Hazardous material</E> is a substance or material the Secretary of Transportation determines to be an unreasonable risk to health, safety, and property when transported in commerce, and labels as hazardous under section 5103 of the Federal Hazardous Materials Transportation Law (49 U.S.C.5103 <E T="03">et seq.</E>). When transported internationally hazardous material may be classified as “Dangerous Goods.” All such freight must be marked in accordance with applicable regulations and the carrier must be notified in advance.</P>
                <P>
                  <E T="03">Household goods (HHG)</E> are the personal effects of Government employees and their dependents.</P>
                <P>
                  <E T="03">Line-Haul</E> is the movement of freight between cities excluding pickup and delivery service.</P>
                <P>
                  <E T="03">Mode</E> is a method of transportation, such as rail, motor, air, water, or pipeline.</P>
                <P>
                  <E T="03">Rate schedule</E> is a list of freight rates, taxes, and charges assessed against non-household goods cargo.</P>
                <P>
                  <E T="03">Rate tender</E> is an offer a TSP sends to an agency, containing service rates and charges.</P>
                <P>
                  <E T="03">Receipt</E> is a written or electronic acknowledgment by the consignee or TSP as to when and where a shipment was received.</P>
                <P>
                  <E T="03">Release/declared value</E> is stated in dollars and is considered the assigned value of the cargo for reimbursement purposes, not necessarily the actual value of the cargo. Released value may be more or less than the actual value of the cargo. The released value is the maximum amount that could be recovered by the agency in the event of loss or damage for the shipments of freight and household goods. The statement of released value must be shown on any applicable tariff, tender, or other document covering the shipment.</P>
                <P>
                  <E T="03">Reparation</E> is a payment to or from an agency to correct an improper transportation billing involving a TSP. Improper routing, overcharges or duplicate payments may cause such improper billing. This is different from a payment to settle a claim for loss and damage.</P>
                <P>
                  <E T="03">Suspension</E> is an action taken by an agency to disqualify a TSP from receiving orders for certain services under a contract or rate tender (48 CFR part 9, subpart 9.407).</P>
                <P>
                  <E T="03">Transportation document</E> is any executed agreement for transportation service, such as bill of lading, Government bill of lading (GBL), Government travel request (GTR) or transportation ticket.</P>
                <P>
                  <E T="03">Transportation service provider (TSP)</E> is any party, person, agent or carrier that provides freight or passenger transportation and related services to an agency. For a freight shipment this would include packers, truckers and storers. For passenger transportation this would include airlines, travel agents and travel management centers.</P>
                <P>
                  <E T="03">U.S. flag air carrier</E> is an air carrier holding a certificate issued by the United States under 49 U.S.C. 41102 (49 U.S.C. 40118, 48 CFR part 47, subpart 47.4).</P>
                <P>
                  <E T="03">U.S. flag vessel</E> is a commercial vessel, registered and operated under the laws of the U.S., owned and operated by U.S. citizens, and used in commercial trade of the United States.</P>
                <CITA>[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]</CITA>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Acquiring Transportation or Related Services</HD>
              <SECTION>
                <SECTNO>§ 102-117.30</SECTNO>
                <SUBJECT>What choices do I have when acquiring transportation or related services?</SUBJECT>
                <P>When you acquire transportation or related services you may:</P>
                <P>(a) Use the GSA tender of service;</P>
                <P>(b) Use another agency's contract or rate tender with a TSP only if allowed by the terms of that agreement or if the Administrator of General Services delegates authority to another agency to enter an agreement available to otherExecutive agencies;</P>
                <P>(c) Contract directly with a TSP using the acquisition procedures under the Federal Acquisition Regulation (FAR) (48 CFR chapter 1); or</P>
                <P>(d) Negotiate a rate tender under a Federal transportation procurement statute, 49 U.S.C. 10721 or 13712.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="108"/>
                <SECTNO>§ 102-117.35</SECTNO>
                <SUBJECT>What are the advantages and disadvantages of using GSA's tender of service?</SUBJECT>
                <P>(a) It is an advantage to use GSA's tender of service when you want to:</P>
                <P>(1) Use GSA's authority to negotiate on behalf of the Federal Government and take advantage of the lower rates and optimum service that result from a larger volume of business;</P>
                <P>(2) Use a uniform tender of service; and</P>
                <P>(3) Obtain assistance with loss and damage claims.</P>
                <P>(b) It is a disadvantage to use GSA's tender of service when:</P>
                <P>(1) You want an agreement that is binding for a longer term than the GSA tender of service;</P>
                <P>(2) You have sufficient time to follow FAR contracting procedures; and</P>
                <P>(3) You do not want to pay for the GSA administrative service charge as a participant in the GSA rate tender programs.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.40</SECTNO>
                <SUBJECT>When is it advantageous for me to use another agency's contract or rate tender for transportation services?</SUBJECT>
                <P>It is advantageous to use another agency's contract or rate tender for transportation services when the contract or rate tender offers better or equal value than otherwise available to you.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.45</SECTNO>
                <SUBJECT>What other factors must I consider when using another agency's contract or rate tender?</SUBJECT>
                <P>When using another agency's contract or rate tender, you must:</P>
                <P>(a) Assure that the contract or rate tender meets any special requirements unique to your agency;</P>
                <P>(b) Pay any other charges imposed by the other agency for external use of their contract or rate tender; and</P>
                <P>(c) Ensure the terms of the other agency's contract or rate tender allow you to use it.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.50</SECTNO>
                <SUBJECT>What are the advantages and disadvantages of contracting directly with a TSP under the FAR?</SUBJECT>
                <P>(a) The FAR is an advantage to use when:</P>
                <P>(1) You ship consistent volumes in consistent traffic lanes;</P>
                <P>(2) You have sufficient time to follow FAR contracting procedures; and</P>
                <P>(3) Your contract office is able to handle the requirement.</P>
                <P>(b) The FAR may be a disadvantage when you:</P>
                <P>(1) Cannot prepare and execute a FAR contract within your time frame; or</P>
                <P>(2) Have recurring shipments between designated places, but do not expect sufficient volume to obtain favorable rates.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.55</SECTNO>
                <SUBJECT>What are the advantages and disadvantages of using a rate tender?</SUBJECT>
                <P>(a) Using a rate tender is an advantage when you:</P>
                <P>(1) Have a shipment that must be made within too short a time frame to identify or solicit for a suitable contract; or</P>
                <P>(2) Have shipments recurring between designated places, but do not expect sufficient volume to obtain favorable rates.</P>
                <P>(b) Using a rate tender may be a disadvantage when:</P>
                <P>(1) You have sufficient time to use the FAR and this would achieve better results;</P>
                <P>(2) You require transportation service for which no rate tender currently exists; or</P>
                <P>(3) A TSP may revoke or terminate the tender on short notice.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.60</SECTNO>
                <SUBJECT>What is the importance of terms and conditions in a rate tender or other transportation document?</SUBJECT>
                <P>Terms and conditions are important to protect the Government's interest and establish the performance and standards expected of the TSP. It is important to remember that terms and conditions are:</P>
                <P>(a) Negotiated between the agency and the TSP before movement of any item; and</P>

                <P>(b) Included in all contracts and rate tenders listing the services the TSP is offering to perform at the cost presented in the rate tender or other transportation document.
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-117.60:</HD>
                  <P>You must reference the negotiated contract or rate tender on all transportation documents. For further information see § 102-117.65.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <PRTPAGE P="109"/>
                <SECTNO>§ 102-117.65</SECTNO>
                <SUBJECT>What terms and conditions must all rate tenders or contracts include?</SUBJECT>
                <P>All rate tenders and contracts must include, at a minimum, the following terms and conditions:</P>
                <P>(a) Charges cannot be prepaid.</P>
                <P>(b) Charges are not paid at time of delivery.</P>
                <P>(c) Interest shall accrue from the voucher payment date on overcharges made and shall be paid at the same rate in effect on that date as published by the Secretary of the Treasury according to the Debt Collection Act of 1982, 31 U.S.C. 3717.</P>

                <P>(d) To qualify for the rates specified in a rate tender filed under the provisions of the Federal transportation procurement statutes (49 U.S.C. 10721 or 13712), property must be shipped by or for the Government and the rate tender must indicate the Government is either the consignor or the consignee and include the following statement:
                </P>
                <EXTRACT>
                  <P>Transportation is for the (agency name) and the total charges paid to the transportation service provider by the consignor or consignee are for the benefit of the Government.</P>
                </EXTRACT>
                

                <P>(e) When using a rate tender for transportation under a cost-reimbursable contract, include the following statement in the rate tender:
                </P>
                <EXTRACT>
                  <P>Transportation is for the (agency name), and the actual total transportation charges paid to the transportation service provider by the consignor or consignee are to be reimbursed by the Government pursuant to cost reimbursable contract (number). This may be confirmed by contacting the agency representative at (name, address and telephone number).</P>
                </EXTRACT>
                

                <P>(f) Other terms and conditions that may be specific to your agency or the TSP such as specialized packaging requirements or HAZMAT. For further information see the “U.S. Government Freight Transportation Handbook,” available by contacting:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://www.fss.gsa.gov/transtrav</FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.70</SECTNO>
                <SUBJECT>Where do I find more information on terms and conditions?</SUBJECT>
                <P>You may find more information about terms and conditions in part 102-118 of this chapter, or the “U.S. GovernmentFreight Transportation Handbook” (see § 102-117.65(f)).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.75</SECTNO>
                <SUBJECT>How do I reference the rate tender on transportation documents?</SUBJECT>
                <P>To ensure proper reference of a rate tender on all shipments, you must show the applicable rate tender number and carrier identification on all transportation documents, such as, section 13712 quotation, “ABC Transportation Company, Tender Number * * *”.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.80</SECTNO>
                <SUBJECT>How are rate tenders filed?</SUBJECT>
                <P>(a) The TSP must file a written rate tender with your agency.</P>
                <P>(b) You must send two copies of the rate tender to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service, Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://www.fss.gsa.gov/transtrav </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.85</SECTNO>
                <SUBJECT>What is the difference between a Government bill of lading (GBL) and a bill of lading?</SUBJECT>
                <P>(a) A Government bill of lading (GBL), Optional Forms 1103 and 1203, is a controlled document that conveys specific terms and conditions to protect the Government interest and serves as the contract of carriage.</P>
                <P>(b) A bill of lading, sometimes referred to as a commercial bill of lading, is the document used as a receipt of goods and documentary evidence of title.</P>
                <P>(c) Use a bill of lading for Government shipments if the specific terms and conditions of a GBL are included in any contract or rate tender (see § 102-117.65) and the bill of lading makes reference to that contract or rate tender (see § 102-117.75 and the “U.S. Government Freight Transportation Handbook”).</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="110"/>
                <SECTNO>§ 102-117.90</SECTNO>
                <SUBJECT>May I use U.S. Government bill of lading (GBL) (Optional Forms 1103 and 1203), to acquire freight, household goods or other related transportation services?</SUBJECT>
                <P>You may use the GBL, Optional Forms 1103 or 1203, to acquire transportation services offered under a contract or rate tender until September 30, 2001. The GBL will completely phase out for domestic shipments on September 30, 2001, and be replaced by commercial bills of lading. After September 30, 2001, you may use the GBL only for international shipments (including domestic offshore shipments).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.95</SECTNO>
                <SUBJECT>After the GBLs retire for domestic shipments, what transportation documents must I use to acquire freight, household goods or other transportation services?</SUBJECT>
                <P>Bills of lading and purchase orders are the transportation documents you use to acquire freight, household goods and other transportation services after the GBLs retire for domestic shipments. Terms and conditions in § 102-117.65 and the “U.S. Government Freight Transportation Handbook” will still be required. For further information on payment methods, see part 102-118 of this chapter.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Business Rules To Consider Before Shipping Freight or Household Goods</HD>
              <SECTION>
                <SECTNO>§ 102-117.100</SECTNO>
                <SUBJECT>What business rules must I consider before acquiring transportation or related services?</SUBJECT>
                <P>When acquiring transportation or related services you must:</P>
                <P>(a) Use the mode or individual transportation service provider (TSP) that provides the overall best value to the agency. For more information, see §§ 102-117.105 through 102-117.130;</P>
                <P>(b) Demonstrate no preferential treatment to any TSP when arranging for transportation services except on international shipments. Preference on international shipments must be given to United States registered commercial vessels and aircraft;</P>
                <P>(c) Ensure that small businesses receive equal opportunity to compete for all business they can perform to the maximum extent possible, consistent with the agency's interest (see 48 CFR part 19);</P>
                <P>(d) Encourage minority-owned businesses and women-owned businesses, to compete for all business they can perform to the maximum extent possible, consistent with the agency's interest (see 48 CFR part 19);</P>
                <P>(e) Review the need for insurance. Generally, the Government is self-insured; however, there are instances when the Government will purchase insurance coverage for Government property. An example may be cargo insurance for international air cargo shipments to cover losses over those allowed under the International Air Transport Association (IATA) or for ocean freight shipments; and</P>
                <P>(f) Consider the added requirements on international transportation found in subpart D of this part.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.105</SECTNO>
                <SUBJECT>What does best value mean when routing a shipment?</SUBJECT>
                <P>Best value to your agency when routing a shipment means using the mode or individual TSP providing the best combination of satisfactory service factors.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.110</SECTNO>
                <SUBJECT>What is satisfactory service?</SUBJECT>
                <P>You should consider the following factors in assessing whether a TSP offers satisfactory service:</P>
                <P>(a) Availability and suitability of the TSP's equipment;</P>
                <P>(b) Adequacy of shipping and receiving facilities at origin and destination;</P>
                <P>(c) Adequacy of pickup and/or delivery service;</P>
                <P>(d) Availability of accessorial and special services;</P>
                <P>(e) Estimated time in transit;</P>
                <P>(f) Record of past performance of the TSP including accuracy of billing;</P>
                <P>(g) Capability of warehouse equipment and storage space; and</P>
                <P>(h) Experience of company, management, and personnel to perform the requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.115</SECTNO>
                <SUBJECT>How do I calculate total delivery costs?</SUBJECT>

                <P>You calculate total delivery costs for a shipment by considering all costs related to the shipping or receiving process, such as packing, blocking, bracing, <PRTPAGE P="111"/>drayage, loading and unloading, and transporting.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.120</SECTNO>
                <SUBJECT>To what extent must I equally distribute orders for transportation and related services among TSPs?</SUBJECT>
                <P>You must assure that small businesses, socially or economically disadvantaged and women-owned TSPs have equal opportunity to provide the transportation or related services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.125</SECTNO>
                <SUBJECT>How detailed must I describe property for shipment when communicating to a TSP?</SUBJECT>
                <P>You must describe property in enough detail for the TSP to determine the type of equipment or any special precautions necessary to move the shipment. Details might include weight, volume, measurements, routing, hazardous cargo, or special handling designations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.130</SECTNO>
                <SUBJECT>Must I select TSPs who use alternative fuels?</SUBJECT>
                <P>No, but, whenever possible, you are encouraged to select TSPs that use alternative fuel vehicles and equipment, under policy in the Clean Air Act Amendments of 1990 (42 U.S.C. 7612) or the Energy Policy Act of 1992 (42 U.S.C. 13212).</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Restrictions That Affect International Transportation of Freight and Household Goods</HD>
              <SECTION>
                <SECTNO>§ 102-117.135</SECTNO>
                <SUBJECT>What are the international transportation restrictions?</SUBJECT>
                <P>Several statutes mandate the use of U.S. flag carriers for international shipments (see 48 CFR part 47, subparts 47.4 and 47.5). For example:</P>
                <P>(a) Arrangements for international air transportation services must follow the Fly America Act (International Air Transportation Fair Competitive Practices Act of 1974) (49 U.S.C. 40118); and</P>

                <P>(b) International movement of property by water is subject to the cargo preference laws (see 46 CFR part 381 and 48 CFR part 47, subpart 47.5), which require the use of a U.S. flag carrier when service is available. The MaritimeAdministration (MARAD) monitors agency compliance of these laws. All Government shippers must send a rated copy of the ocean carrier's bill of lading to MARAD within 30 days of loading aboard a vessel to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">Department of Transportation</FP>
                  <FP SOURCE="FP-1">Maritime Commission</FP>
                  <FP SOURCE="FP-1">Office of Cargo Preference</FP>
                  <FP SOURCE="FP-1">400 7th Street, SW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20590</FP>
                  <FP SOURCE="FP-1">http://www.marad.dot.gov/</FP>
                  <FP SOURCE="FP-1">Tel. 1-800-9US-FLAG</FP>
                  <FP SOURCE="FP-1">E-mail: cargo@marad.dot.gov </FP>
                </EXTRACT>
                
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-117.135(b):</HD>
                  <P>Non-vessel Operations Common Carrier (NVOCC) or freight forwarder bills of lading are not acceptable (see 48 CFR part 47).</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.140</SECTNO>
                <SUBJECT>What is cargo preference?</SUBJECT>

                <P>Cargo preference is the statutory requirement that all, or a portion of all, ocean-borne cargo that moves internationally be transported on U.S. flag vessels. Deviations or waivers from the cargo preference laws must be approved by:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">Department of Transportation</FP>
                  <FP SOURCE="FP-1">Maritime Administration</FP>
                  <FP SOURCE="FP-1">Office of Cargo Preference</FP>
                  <FP SOURCE="FP-1">400 7th Street, SW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20590</FP>
                  <FP SOURCE="FP-1">http://www.marad.dot.gov/</FP>
                  <FP SOURCE="FP-1">Tel. 1-800-9US-FLAG</FP>
                  <FP SOURCE="FP-1">e-mail: cargo@marad.dot.gov</FP>
                </EXTRACT>
                <CITA>[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.145</SECTNO>
                <SUBJECT>What are coastwise laws?</SUBJECT>
                <P>Coastwise laws refer to laws governing shipment of freight, household goods and passengers by water between points in the United States or its territories. The purpose of these laws is to assure reliable shipping service and the existence of a maritime capability in times of war or national emergency (see section 27 of the Merchant Marine Act of 1920, 46 App. U.S.C. 883, 19 CFR 4.80).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.150</SECTNO>
                <SUBJECT>What do I need to know about coastwise laws?</SUBJECT>
                <P>You need to know that:</P>

                <P>(a) Goods transported entirely or partly by water between U.S. points, either directly or via a foreign port, must travel in U.S. Maritime Administration (MARAD) authorized U.S. Flag vessels;<PRTPAGE P="112"/>
                </P>
                <P>(b) There are exceptions and limits for the U.S. Island territories and possessions in the Atlantic and Pacific Oceans (see § 102-117.155); and</P>
                <P>(c) The Secretary of the Treasury is empowered to impose monetary penalties against agencies that violate the coastwise laws.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.155</SECTNO>
                <SUBJECT>Where do I go for further information about coastwise laws?</SUBJECT>
                <P>You may refer to 46 App. U.S.C. 883, 19 CFR 4.80, DOT MARAD, the U.S. Coast Guard or U.S. Customs Service for further information on exceptions to the coastwise laws.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Shipping Freight</HD>
              <SECTION>
                <SECTNO>§ 102-117.160</SECTNO>
                <SUBJECT>What is freight?</SUBJECT>
                <P>Freight is property or goods transported as cargo.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.165</SECTNO>
                <SUBJECT>What shipping process must I use for freight?</SUBJECT>
                <P>Use the following shipping process for freight:</P>
                <P>(a) For domestic shipments you must:</P>
                <P>(1) Identify what you are shipping;</P>
                <P>(2) Decide if the cargo is HAZMAT, classified, or sensitive that may require special handling or placards;</P>
                <P>(3) Decide mode;</P>
                <P>(4) Check for applicable contracts or rate tenders within your agency or other agencies, including GSA;</P>
                <P>(5) Select the most efficient and economical TSP that gives the best value;</P>
                <P>(6) Prepare shipping documents; and</P>
                <P>(7) Schedule pickup, declare released value and ensure prompt delivery with a fully executed receipt, and oversee shipment.</P>
                <P>(b) For international shipments you must follow all the domestic procedures and, in addition, comply with the cargo preference laws. For specific information, see subpart D of this part.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.170</SECTNO>
                <SUBJECT>What reference materials are available to ship freight?</SUBJECT>
                <P>(a) The following is a partial list of handbooks and guides available from GSA:</P>
                <P>(1) U.S. Government Freight Transportation Handbook;</P>
                <P>(2) Limited Authority to Use Commercial Forms and Procedures;</P>
                <P>(3) Submission of Transportation Documents; and</P>
                <P>(4) Things to be Aware of When Routing or Receiving Freight Shipments.</P>
                <P>(b) For the list in paragraph (a) of the section and other reference materials, contact:</P>
                <P>(1) General Services Administration, Federal Supply Service, Audit Division (FBA), 1800 F Street, NW. Washington, DC 20405, http://www.fss.gsa.gov/transtrav; or</P>
                <P>(2) General Services Administration, Federal Supply Service, 1500 Bannister Road, Kansas City, MO 64131, http://www.kc.gsa.gov/fsstt.</P>
                <CITA>[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.175</SECTNO>
                <SUBJECT>What factors do I consider to determine the mode of transportation?</SUBJECT>
                <P>Your shipping urgency and any special handling requirements determine which mode of transportation you select. Each mode has unique requirements for documentation, liability, size, weight and delivery time. HAZMAT, radioactive, and other specialized cargo may require special permits and may limit your choices.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.180</SECTNO>
                <SUBJECT>What transportation documents must I use to ship freight?</SUBJECT>
                <P>To ship freight:</P>
                <P>(a) By land (domestic shipments), use a bill of lading;</P>
                <P>(b) By land (international shipments), use the GBL;</P>
                <P>(c) By ocean, use an ocean bill of lading, when suitable, along with the GBL; and</P>
                <P>(d) By air, use a bill of lading.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.185</SECTNO>
                <SUBJECT>Where must I send a copy of the transportation documents?</SUBJECT>

                <P>(a) You must forward an original copy of all transportation documents to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405 </FP>
                </EXTRACT>
                

                <P>(b) For all property shipments subject to the cargo preference laws (see § 102-117.140), a copy of the ocean carrier's bill of lading, showing all freight <PRTPAGE P="113"/>charges, must be sent to MARAD within 30 days of vessel loading.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.190</SECTNO>
                <SUBJECT>Where do I file a claim for loss or damage to property?</SUBJECT>
                <P>You must file a claim for loss or damage to property with the TSP.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.195</SECTNO>
                <SUBJECT>Are there time limits affecting filing of a claim?</SUBJECT>
                <P>Yes, several statutes limit the time for administrative or judicial action against a TSP. Refer to part 102-118 of this chapter for more information and the time limit tables.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Shipping Hazardous Material (HAZMAT)</HD>
              <SECTION>
                <SECTNO>§ 102-117.200</SECTNO>
                <SUBJECT>What is HAZMAT?</SUBJECT>

                <P>HAZMAT is a substance or material the Secretary of Transportation determines to be an unreasonable risk to health, safety and property when transported in commerce. Therefore, there are restrictions on transporting HAZMAT (49 U.S.C. 5103 <E T="03">et seq.</E>).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.205</SECTNO>
                <SUBJECT>What are the restrictions for transporting HAZMAT?</SUBJECT>
                <P>Agencies that ship HAZMAT are subject to the Environmental Protection Agency and the Department of Transportation regulations, as well as applicable State and local government rules and regulations.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.210</SECTNO>
                <SUBJECT>Where can I get guidance on transporting HAZMAT?</SUBJECT>
                <P>The Secretary of Transportation prescribes regulations for the safe transportation of HAZMAT in intrastate, interstate, and foreign commerce in 49 CFR parts 171 through 180. The Environmental Protection Agency also prescribes regulations on transporting HAZMAT in 40 CFR parts 260 through 266. You may also call the HAZMAT information hotline at 1-800-467-4922 (Washington, DC area, call 202-366-4488).</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart G—Shipping Household Goods</HD>
              <SECTION>
                <SECTNO>§ 102-117.215</SECTNO>
                <SUBJECT>What are household goods (HHG)?</SUBJECT>
                <P>Household goods (HHG) are the personal effects of Government employees and their dependents.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.220</SECTNO>
                <SUBJECT>What choices do I have to ship HHG?</SUBJECT>
                <P>(a) You may choose to ship HHG by:</P>
                <P>(1) Using the commuted rate system;</P>
                <P>(2) GSA's Centralized Household Goods Traffic Management Program (CHAMP);</P>
                <P>(3) Contracting directly with a TSP, (including a relocation company that offers transportation services) using the acquisition procedures under the Federal Acquisition Regulation (FAR) (see § 102-117.35);</P>
                <P>(4) Using another agency's contract with a TSP (see § § 102-117.40 and 102-117.45);</P>
                <P>(5) Using a rate tender under the Federal transportation procurement statutes (49 U.S.C. 10721 or 13712) (see § 102-117.35).</P>

                <P>(b) As an alternative to the choices in paragraph (a) of this section, you may request the Department of State to assist with shipments of HHG moving to, from, and between foreign countries or international shipments originating in the continental United States. The nearest U.S. Embassy or Consulate may assist with arrangements of movements originating abroad. For further information contact:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">Department of State</FP>
                  <FP SOURCE="FP-1">Transportation Operations</FP>
                  <FP SOURCE="FP-1">2201 C Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20520 </FP>
                </EXTRACT>
                
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-117-220:</HD>
                  <P>Agencies must use the commuted rate system for civilian employees who transfer between points inside the continental United States unless it is evident from the cost comparison that the Government will incur a savings ($100 or more) using another choice listed. The use of household goods rate tenders is not authorized when household goods are shipped under the commuted rate system.</P>
                </NOTE>
                <CITA>[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]</CITA>
              </SECTION>
              <SECTION>
                <PRTPAGE P="114"/>
                <SECTNO>§ 102-117.225</SECTNO>
                <SUBJECT>What is the difference between a contract or a rate tender and a commuted rate system?</SUBJECT>
                <P>(a) Under a contract or a rate tender, the agency prepares the bill of lading and books the shipment. The agency is the shipper and pays the TSP the applicable charges. If loss or damage occurs, the agency may either file a claim on behalf of the employee directly with the TSP, or help the employee in filing a claim against the TSP.</P>
                <P>(b) Under the commuted rate system an employee arranges for shipping HHG and is reimbursed by the agency for the resulting costs. Use this method only within the continental United States (not Hawaii or Alaska). The agency reimburses the employee according to the Commuted Rate Schedule published by the GSA. The Commuted Rate Schedule (without rate table) is available on the Internet at http://www.policyworks.gov.</P>

                <P>(c) For rate table information or a subscription for the Commercial Relocation Tariff contact:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">American Moving and Storage Association</FP>
                  <FP SOURCE="FP-1">1611 Duke Street</FP>
                  <FP SOURCE="FP-1">Alexandria, VA 22314-3482</FP>
                  <FP SOURCE="FP-1">Tel. 703-683-7410 </FP>
                </EXTRACT>
                

                <P>(d) For further information or assistance, you may contact:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">National Customer Service Center</FP>
                  <FP SOURCE="FP-1">1500 Bannister Road</FP>
                  <FP SOURCE="FP-1">Kansas City, MO 64131</FP>
                  <FP SOURCE="FP-1">http://www.kc.gsa.gov/fsstt </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.230</SECTNO>
                <SUBJECT>Must I compare costs between a contract or a rate tender and the commuted rate system before choosing which method to use?</SUBJECT>
                <P>Yes, you must compare the cost between a contract or a rate tender, and the commuted rate system before you make a decision.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.235</SECTNO>
                <SUBJECT>How do I get a cost comparison?</SUBJECT>
                <P>(a) You may calculate a cost comparison internally according to 41 CFR 302-8.3.</P>
                <P>(b) You may request GSA to perform the cost comparison if you participate in the CHAMP program by sending GSA the following information as far in advance as possible(preferably 30 calendar days):</P>
                <P>(1) Name of employee;</P>
                <P>(2) Origin city, county and State;</P>
                <P>(3) Destination city, county, and State;</P>
                <P>(4) Date of household goods pick up;</P>
                <P>(5) Estimated weight of shipments;</P>
                <P>(6) Number of days storage-in-transit (if applicable); and</P>
                <P>(7) Other relevant data.</P>

                <P>(c) For more information on cost comparisons contact:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">1500 Bannister Road</FP>
                  <FP SOURCE="FP-1">Kansas City, MO 64131</FP>
                  <FP SOURCE="FP-1">http://www.kc.gsa.gov/fsstt </FP>
                </EXTRACT>
                
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-117.235(c):</HD>
                  <P>GSA may charge an administrative fee for agencies not participating in the CHAMP program.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.240</SECTNO>
                <SUBJECT>What is my agency's financial responsibility to an employee who chooses to move all or part of his/her HHG under the commuted rate system?</SUBJECT>
                <P>(a) Your agency is responsible for reimbursing the employee what it would cost the Government to ship the employee's HHG by the most cost-effective means available or the employee's actual moving expenses, whichever is less.</P>
                <P>(b) The employee is liable for the additional cost when the cost of transportation arranged by the employee is more than what it would cost the Government.</P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-117.240:</HD>
                  <P>For more information on how to ship household goods, refer to 41 CFR 302-8.3.</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.245</SECTNO>
                <SUBJECT>What is my responsibility in providing guidance to an employee who wishes to use the commuted rate system?</SUBJECT>
                <P>You must counsel employees that they may be liable for all costs above the amount reimbursed by the agency if they select a TSP that charges more than provided under the Commuted Rate Schedule.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.250</SECTNO>
                <SUBJECT>What are my responsibilities after shipping the household goods?</SUBJECT>
                <P>(a) Each agency should develop an evaluation survey for the employee to complete following the move.</P>

                <P>(b) Under the CHAMP program, you must counsel employees to fill out <PRTPAGE P="115"/>their portion of the GSA Form 3080, Household Goods Carrier Evaluation Report. This form reports the quality of the TSP's performance. After completing the appropriate sections of this form, the employee must send it to the bill of lading issuing officer who in turn will complete the form and forward it to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">National Customer Service Center</FP>
                  <FP SOURCE="FP-1">1500 Bannister Rd.</FP>
                  <FP SOURCE="FP-1">Kansas City, MO 64131</FP>
                  <FP SOURCE="FP-1">http://www.kc.gsa.gov/fsstt </FP>
                </EXTRACT>
                <CITA>[65 FR 60060, Oct. 6, 2000; 65 FR 81405, Dec. 26, 2000]</CITA>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.255</SECTNO>
                <SUBJECT>What actions may I take if the TSP's performance is not satisfactory?</SUBJECT>
                <P>If the TSP's performance is not satisfactory, you may place a TSP in temporary nonuse, suspended status, or debarred status. For more information on doing this, see subpart I of this part and the FAR (48 CFR 9.406-3 and 9.407-3).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.260</SECTNO>
                <SUBJECT>What are my responsibilities to employees regarding the TSP's liability for loss or damage claims?</SUBJECT>
                <P>Regarding the TSP's liability for loss or damage claims, you must:</P>
                <P>(a) Advise employees on the limits of the TSP's liability for loss of and damage to their HHG so the employee may evaluate the need for added insurance;</P>
                <P>(b) Inform the employee about the procedures to file claims for loss and damage to HHG with the TSP; and</P>
                <P>(c) Counsel employees, who have a loss or damage to their HHG that exceeds the amount recovered from a TSP, on procedures for filing a claim against the Government for the difference. Agencies may compensate employees up to $40,000 on claims for loss and damage under 31 U.S.C. 3721, 3723 (41CFR 302-8.2(f)).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.265</SECTNO>
                <SUBJECT>Are there time limits that affect filing a claim with a TSP for loss or damage?</SUBJECT>
                <P>Yes, several statutes limit the time for filing claims or taking other administrative or judicial action against a TSP. Refer to part 102-118 of this chapter for information on claims.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart H—Performance Measures</HD>
              <SECTION>
                <SECTNO>§ 102-117.270</SECTNO>
                <SUBJECT>What are agency performance measures for transportation?</SUBJECT>
                <P>(a) Agency performance measures are indicators of how you are supporting your customers and doing your job. By tracking performance measures you can report specific accomplishments and your success in supporting the agency mission. The Government Performance and Results Act (GPRA) of 1993 (31 U.S.C. 1115) requires agencies to develop business plans and set up program performance measures.</P>
                <P>(b) Examples of performance measurements in transportation would include how well you:</P>
                <P>(1) Increase the use of electronic commerce;</P>
                <P>(2) Adopt industry best practices and services to meet your agency requirements;</P>
                <P>(3) Use TSPs with a track record of successful past performance or proven superior ability;</P>
                <P>(4) Take advantage of competition in moving agency freight and household goods;</P>
                <P>(5) Assure that delivery of freight and household goods is on time against measured criteria; and</P>
                <P>(6) Create simplified procedures to be responsive and adaptive to the customer needs and concerns.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart I—Transportation Service Provider (TSP) Performance</HD>
              <SECTION>
                <SECTNO>§ 102-117.275</SECTNO>
                <SUBJECT>What performance must I expect from a TSP?</SUBJECT>
                <P>You must expect the TSP to provide consistent and satisfactory service to meet your agency transportation needs.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.280</SECTNO>
                <SUBJECT>What aspects of the TSP's performance are important to measure?</SUBJECT>
                <P>Important TSP performance measures may include, but are not limited to the:</P>
                <P>(a) TSP's percentage of on-time deliveries;</P>

                <P>(b) Percentage of shipments that include overcharges or undercharges;<PRTPAGE P="116"/>
                </P>
                <P>(c) Percentage of claims received in a given period;</P>
                <P>(d) Percentage of returns received on-time;</P>
                <P>(e) Percentage of shipments rejected;</P>
                <P>(f) Percentage of billing improprieties;</P>
                <P>(g) Average response time on tracing shipments;</P>
                <P>(h) TSP's safety record (accidents, losses, damages or misdirected shipments) as a percentage of all shipments;</P>
                <P>(i) TSP's driving record (accidents, traffic tickets and driving complaints) as a percentage of shipments; and</P>
                <P>(j) Percentage of customer satisfaction reports on carrier performance.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.285</SECTNO>
                <SUBJECT>What are my choices if a TSP's performance is not satisfactory?</SUBJECT>
                <P>You may choose to place a TSP in temporary nonuse, suspension, or debarment if performance is unsatisfactory.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.290</SECTNO>
                <SUBJECT>What is the difference between temporary nonuse, suspension and debarment?</SUBJECT>
                <P>(a) Temporary nonuse is limited to your agency and initiated by the agency transportation officers for a period not to exceed 90 days for:</P>
                <P>(1) Willful violations of the terms of the rate tender;</P>
                <P>(2) Persistent or willful failure to meet requested packing and pickup service;</P>
                <P>(3) Failure to meet required delivery dates;</P>
                <P>(4) Violation of Department of Transportation (DOT) hazardous material regulations;</P>
                <P>(5) Mishandling of freight, damaged or missing transportation seals, improper loading, blocking, packing or bracing of property;</P>
                <P>(6) Improper routing of property;</P>
                <P>(7) Subjecting your shipments to unlawful seizure or detention by failing to pay debts;</P>
                <P>(8) Operating without legal authority;</P>
                <P>(9) Failure to settle claims according to Government regulations; or</P>
                <P>(10) Repeated failure to comply with regulations of DOT,Surface Transportation Board, State or local governments or other Government agencies.</P>
                <P>(b) Suspension is disqualifying a TSP from receiving orders for certain services under a contract or rate tender pending an investigation or legal proceeding. A TSP may be suspended on adequate evidence of:</P>
                <P>(1) Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a contract for transportation;</P>
                <P>(2) Violation of Federal or State antitrust statutes;</P>
                <P>(3) Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and</P>
                <P>(4) Any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the TSP as a transporter of the Government's property or the HHG of its employees relocated for the Government.</P>
                <P>(c) Debarment means action taken to exclude a contractor from contracting with all Federal agencies. The seriousness of the TSP's acts or omissions and the mitigating factors must be considered in making any debarment decisions. A TSP may be debarred for the following reasons:</P>
                <P>(1) Failure of a TSP to take the necessary corrective actions within the period of temporary nonuse; or</P>
                <P>(2) Conviction of or civil judgment for any of the causes for suspension.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.295</SECTNO>
                <SUBJECT>Who makes the decisions on temporary nonuse, suspension and debarment?</SUBJECT>
                <P>(a) The transportation officer may place a TSP in temporary nonuse for a period not to exceed 90 days.</P>
                <P>(b) The serious nature of suspension and debarment requires that these sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Only the agency head or his/her designee may suspend or debar a TSP.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.300</SECTNO>
                <SUBJECT>Do the decisions on temporary nonuse, suspension and debarment go beyond the agency?</SUBJECT>
                <P>(a) Temporary nonuse does not go beyond the agency.</P>

                <P>(b) GSA compiles and maintains a current list of all suspended or <PRTPAGE P="117"/>debarred TSPs and periodically distributes the list to all agencies and the General Accounting Office.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.305</SECTNO>
                <SUBJECT>Where do I go for information on the process for suspending or debarring a TSP?</SUBJECT>
                <P>Refer to the Federal Acquisition Regulation (48 CFR part 9, subpart 9.4) for policies and procedures governing suspension and debarment of a TSP.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.310</SECTNO>
                <SUBJECT>What records must I keep on temporary nonuse, suspension or debarment of a TSP?</SUBJECT>
                <P>(a) You must set up a program consistent with your agency's internal record retention procedures to document the placement of TSPs in a nonuse, suspended or debarred status.</P>
                <P>(b) For temporary nonuse, your records must contain the following information:</P>
                <P>(1) Name, address, and Standard Carrier Alpha Code and Taxpayer Identification Number of each TSP placed in temporary nonuse status;</P>
                <P>(2) The duration of the temporary nonuse status;</P>
                <P>(3) The cause for imposing temporary nonuse, and the facts showing the existence of such a cause;</P>
                <P>(4) Information and arguments in opposition to the temporary nonuse period sent by the TSP or its representative; and</P>
                <P>(5) The reviewing official's determination about keeping or removing temporary nonuse status.</P>
                <P>(c) For suspended or debarred TSPs, your records must include the same information as paragraph (b) of this section and you must:</P>
                <P>(1) Assure your agency does not award contracts to a suspended or debarred TSP; and</P>
                <P>(2) Notify GSA (see § 102-117.315).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.315</SECTNO>
                <SUBJECT>Who must I notify on suspension or debarment of a TSP?</SUBJECT>

                <P>Agencies must report monthly any suspension or debarment actions to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Office of Acquisition Policy (MV)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://www.epls.arnet.gov;</FP>
                </EXTRACT>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart J—Representation Before Regulatory Body Proceedings</HD>
              <SECTION>
                <SECTNO>§ 102-117.320</SECTNO>
                <SUBJECT>What is a transportation regulatory body proceeding?</SUBJECT>
                <P>A transportation regulatory body proceeding is a hearing before a transportation governing entity, such as a State public utility commission, the Surface Transportation Board, or the Federal Maritime Commission. The proceeding may be at the Federal or State level depending on the activity regulated.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.325</SECTNO>
                <SUBJECT>May my agency appear on its own behalf before a transportation regulatory body proceeding?</SUBJECT>
                <P>Generally, no executive agency may appear on its own behalf in any proceeding before a transportation regulatory body, unless the Administrator of General Services delegates the authority to the agency. The statutory authority for the Administrator of General Services to participate in regulatory proceedings on behalf of all Federal agencies is in section 201(a)(4) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 481(a)(4)).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.330</SECTNO>
                <SUBJECT>When, or under what circumstances, would GSA delegate authority to an agency to appear on its own behalf before a transportation regulatory body proceeding?</SUBJECT>
                <P>GSA will delegate authority when it does not have the expertise, or when it is outside of GSA's purview, to make a determination on an issue such as a protest of rates, routings or excessive charges.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.335</SECTNO>
                <SUBJECT>How does my agency ask for a delegation to represent itself in a regulatory body proceeding?</SUBJECT>

                <P>You must send your request for delegation with enough detail to explain the circumstances surrounding the need for delegation of authority for representation to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Office of Transportation and Personal Property (MT)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <PRTPAGE P="118"/>
                <SECTNO>§ 102-117.340</SECTNO>
                <SUBJECT>What other types of assistance may GSA provide agencies in dealing with regulatory bodies?</SUBJECT>
                <P>(a) GSA has oversight of all public utilities used by the Federal Government including transportation. There are specific regulatory requirements a TSP must meet at the State level, such as the requirement to obtain a certificate of public convenience and necessity.</P>

                <P>(b) GSA has a list of TSPs, which meet certain criteria regarding insurance and safety, approved by DOT. You must furnish GSA with an affidavit to determine if the TSP meets the basic qualification to protect the Government's interest. As an oversight mandate, GSA coordinates this function. For further information contact:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Office of Transportation and Property Management</FP>
                  <FP SOURCE="FP-1">Travel and Transportation Management Division (FBL)</FP>
                  <FP SOURCE="FP-1">Crystal Mall Bldg. #4, Room 814</FP>
                  <FP SOURCE="FP-1">Washington, DC 20406 </FP>
                </EXTRACT>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart K—Reports</HD>
              <SECTION>
                <SECTNO>§ 102-117.345</SECTNO>
                <SUBJECT>Is there a requirement for me to report to GSA on my transportation activities?</SUBJECT>
                <P>(a) Currently, there is no requirement for reporting to GSA on your transportation activities. However, GSA will work with your agency and other agencies to develop reporting requirements and procedures. In particular, GSA will develop a Governmentwide transportation reporting system by October 1, 2002.</P>
                <P>(b) Preliminary reporting requirements may include an electronic formatted report on the quantity shipped, locations (from and to) and cost of transportation. The following categories are examples:</P>
                <P>(1) Dollar amount spent for transportation;</P>
                <P>(2) Volume of weight shipped;</P>
                <P>(3) Commodities shipped;</P>
                <P>(4) HAZMAT shipped;</P>
                <P>(5) Mode used for shipment;</P>
                <P>(6) Location of items shipped (international or domestic); and</P>
                <P>(7) Domestic subdivided by East and West (Interstate 85).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.350</SECTNO>
                <SUBJECT>How will GSA use reports I submit?</SUBJECT>
                <P>(a) Reporting on transportation and transportation related services will provide GSA with:</P>

                <P>(1) The ability to assess the magnitude and key characteristics of transportation within the Government (<E T="03">e.g.,</E> how much agencies spend; what type of commodity is shipped; <E T="03">etc.</E>);</P>
                <P>(2) Data to analyze and recommend changes to policies, standards, practices, and procedures to improve Government transportation; and</P>
                <P>(3) A better understanding of how your activity relates to other agencies and your influence on the Governmentwide picture of transportation services.</P>
                <P>(b) In addition, this information will assist you in showing your management the magnitude of your agency's transportation program and the effectiveness of your efforts to control cost and improve service.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart L—Governmentwide Transportation Policy Council(GTPC)</HD>
              <SECTION>
                <SECTNO>§ 102-117.355</SECTNO>
                <SUBJECT>What is the Governmentwide Transportation Policy Council (GTPC)?</SUBJECT>
                <P>The Office of Governmentwide Policy sponsors a Governmentwide Transportation Policy Council (GTPC) to help agencies establish, improve, and maintain effective transportation management policies, practices and procedures. The council:</P>
                <P>(a) Collaborates with private and public stakeholders to develop valid performance measures and promote solutions that lead to effective results; and</P>
                <P>(b) Provides assistance in developing the Governmentwide transportation reporting system (see § 102-117.345).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-117.360</SECTNO>
                <SUBJECT>Where can I get more information about the GTPC?</SUBJECT>
                <P>For more information about the GTPC, contact:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Office of Transportation and Personal Property (MT)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://www.policyworks.gov/transportation</FP>
                </EXTRACT>
              </SECTION>
            </SUBPART>
          </PART>
          <PART>
            <PRTPAGE P="119"/>
            <EAR>Pt. 102-118</EAR>
            <HD SOURCE="HED">PART 102-118—TRANSPORTATION PAYMENT AND AUDIT</HD>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Introduction</HD>
              </SUBJGRP>
            </SUBPART>
            <CONTENTS>
              <SECHD>Sec.</SECHD>
              <SECTNO>102-118.5</SECTNO>
              <SUBJECT>What is the purpose of this part?</SUBJECT>
              <SECTNO>102-118.10</SECTNO>
              <SUBJECT>What is a transportation audit?</SUBJECT>
              <SECTNO>102-118.15</SECTNO>
              <SUBJECT>What is a transportation payment?</SUBJECT>
              <SECTNO>102-118.20</SECTNO>
              <SUBJECT>Who is subject to this part?</SUBJECT>
              <SECTNO>102-118.25</SECTNO>
              <SUBJECT>Does GSA still require my agency to submit its overall transportation policies for approval?</SUBJECT>
              <SECTNO>102-118.30</SECTNO>
              <SUBJECT>Are Government corporations bound by this part?</SUBJECT>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTNO>102-118.35</SECTNO>
                <SUBJECT>What definitions apply to this part?</SUBJECT>
              </SUBJGRP>
              <SUBPART>
                <HD SOURCE="HED">Subpart B—Ordering and Paying for Transportation and Transportation Services</HD>
                <SECTNO>102-118.40</SECTNO>
                <SUBJECT>How does my agency order transportation and transportation services?</SUBJECT>
                <SECTNO>102-118.45</SECTNO>
                <SUBJECT>How does a transportation service provider (TSP) bill my agency for transportation and transportation services?</SUBJECT>
                <SECTNO>102-118.50</SECTNO>
                <SUBJECT>How does my agency pay for transportation services?</SUBJECT>
                <SECTNO>102-118.55</SECTNO>
                <SUBJECT>What administrative procedures must my agency establish for payment of freight, household goods, or other transportation services?</SUBJECT>
                <SECTNO>102-118.60</SECTNO>
                <SUBJECT>To what extent must my agency use electronic commerce?</SUBJECT>
                <SECTNO>102-118.65</SECTNO>
                <SUBJECT>Can my agency receive electronic billing for payment of transportation services?</SUBJECT>
                <SECTNO>102-118.70</SECTNO>
                <SUBJECT>Must my agency make all payments via electronic funds transfer?</SUBJECT>
                <SECTNO>102-118.75</SECTNO>
                <SUBJECT>What if my agency or the TSP does not have an account with a financial institution or approved payment agent?</SUBJECT>
                <SECTNO>102-118.80</SECTNO>
                <SUBJECT>Who is responsible for keeping my agency's electronic commerce transportation billing records?</SUBJECT>
                <SECTNO>102-118.85</SECTNO>
                <SUBJECT>Can my agency use a Government contractor issued charge card to pay for transportation services?</SUBJECT>
                <SECTNO>102-118.90</SECTNO>
                <SUBJECT>If my agency orders transportation and/or transportation services with a Government contractor issued charge card or charge account citation, is this subject to prepayment audit?</SUBJECT>
                <SECTNO>102-118.95</SECTNO>
                <SUBJECT>What forms can my agency use to pay transportation bills?</SUBJECT>
                <SECTNO>102-118.100</SECTNO>
                <SUBJECT>What must my agency ensure is on each SF 1113?</SUBJECT>
                <SECTNO>102-118.105</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Bill of Lading?</SUBJECT>
                <SECTNO>102-118.110</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Transportation Request?</SUBJECT>
                <SECTNO>102-118.115</SECTNO>
                <SUBJECT>Must my agency use a GBL?</SUBJECT>
                <SECTNO>102-118.120</SECTNO>
                <SUBJECT>Must my agency use a GTR?</SUBJECT>
                <SECTNO>102-118.125</SECTNO>
                <SUBJECT>What if my agency uses a TD other than a GBL?</SUBJECT>
                <SECTNO>102-118.130</SECTNO>
                <SUBJECT>Must my agency use a GBL for express, courier, or small package shipments?</SUBJECT>
                <SECTNO>102-118.135</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of bills of lading?</SUBJECT>
                <SECTNO>102-118.140</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of GBLs and bills of lading?</SUBJECT>
                <SECTNO>102-118.145</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <SECTNO>102-118.150</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <SECTNO>102-118.155</SECTNO>
                <SUBJECT>How does my agency handle supplemental billings from the TSP after payment of the original bill?</SUBJECT>
                <SECTNO>102-118.160</SECTNO>
                <SUBJECT>Who is liable if my agency makes an overpayment on a transportation bill?</SUBJECT>
                <SECTNO>102-118.165</SECTNO>
                <SUBJECT>What must my agency do if it finds an error on a TSP bill?</SUBJECT>
                <SECTNO>102-118.170</SECTNO>
                <SUBJECT>Will GSA continue to maintain a centralized numbering system for Government transportation documents?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart C—Use of Government Billing Documents</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Terms and Conditions Governing Acceptance and Use of a Government Bill of Lading (GBL) or Government Transportation Request (GTR) (Until Form Retirement)</HD>
                  <SECTNO>102-118.175</SECTNO>
                  <SUBJECT>Must my agency prepare for the GBL retirement?</SUBJECT>
                  <SECTNO>102-118.180</SECTNO>
                  <SUBJECT>Must my agency prepare for the GTR retirement?</SUBJECT>
                  <SECTNO>102-118.185</SECTNO>
                  <SUBJECT>When buying freight transportation, must my agency reference the applicable contract or tender on the bill of lading (including GBLs)?</SUBJECT>
                  <SECTNO>102-118.190</SECTNO>
                  <SUBJECT>When buying passenger transportation, must my agency reference the applicable contract?</SUBJECT>
                  <SECTNO>102-118.195</SECTNO>
                  <SUBJECT>What documents must a transportation service provider (TSP) send to receive payment for a transportation billing?</SUBJECT>
                  <SECTNO>102-118.200</SECTNO>
                  <SUBJECT>Can a TSP demand advance payment for the transportation charges submitted on a bill of lading(including GBL)?</SUBJECT>
                  <SECTNO>102-118.205</SECTNO>

                  <SUBJECT>May my agency pay an agent functioning as a warehouseman for the TSP providing service under the bill of lading?<PRTPAGE P="120"/>
                  </SUBJECT>
                  <SECTNO>102-118.210</SECTNO>
                  <SUBJECT>May my agency use bills of lading other than the GBL for a transportation shipment?</SUBJECT>
                  <SECTNO>102-118.215</SECTNO>
                  <SUBJECT>May my agency pay a TSP any extra fees to pay for the preparation and use of the GBL or GTR?</SUBJECT>
                  <SECTNO>102-118.220</SECTNO>
                  <SUBJECT>If a transportation debt is owed to my agency by a TSP because of loss or damage to property, does my agency report it to GSA?</SUBJECT>
                  <SECTNO>102-118.225</SECTNO>
                  <SUBJECT>What constitutes final receipt of shipment?</SUBJECT>
                  <SECTNO>102-118.230</SECTNO>
                  <SUBJECT>What if my agency creates or eliminates a field office approved to prepare transportation documents?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Agency Responsibilities When Using Government Bills of Lading (GBLs) or Government Transportation Requests (GTRs)</HD>
                  <SECTNO>102-118.235</SECTNO>
                  <SUBJECT>Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers?</SUBJECT>
                  <SECTNO>102-118.240</SECTNO>
                  <SUBJECT>How does my agency get GBL and GTR forms?</SUBJECT>
                  <SECTNO>102-118.245</SECTNO>
                  <SUBJECT>How does my agency get an assigned set of GBL or GTR numbers?</SUBJECT>
                  <SECTNO>102-118.250</SECTNO>
                  <SUBJECT>Who is accountable for the issuance and use of GBL and GTR forms?</SUBJECT>
                  <SECTNO>102-118.255</SECTNO>
                  <SUBJECT>Are GBL and GTR forms numbered and used sequentially?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Quotations, Tenders or Contracts</HD>
                  <SECTNO>102-118.260</SECTNO>
                  <SUBJECT>Must my agency send all quotations, tenders, or contracts with a TSP to GSA?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart D—Prepayment Audits of Transportation Services</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">Agency Requirements for Prepayment Audits</HD>
                  <SECTNO>102-118.265</SECTNO>
                  <SUBJECT>What is a prepayment audit?</SUBJECT>
                  <SECTNO>102-118.270</SECTNO>
                  <SUBJECT>Must my agency establish a prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.275</SECTNO>
                  <SUBJECT>What must my agency consider when designing and implementing a prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.280</SECTNO>
                  <SUBJECT>What advantages does the prepayment audit offer my agency?</SUBJECT>
                  <SECTNO>102-118.285</SECTNO>
                  <SUBJECT>What options for performing a prepayment audit does my agency have?</SUBJECT>
                  <SECTNO>102-118.290</SECTNO>
                  <SUBJECT>Must every electronic and paper transportation bill undergo a prepayment audit?</SUBJECT>
                  <SECTNO>102-118.295</SECTNO>
                  <SUBJECT>What are the limited exceptions to every bill undergoing a prepayment audit?</SUBJECT>
                  <SECTNO>102-118.300</SECTNO>
                  <SUBJECT>How does my agency fund its prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.305</SECTNO>
                  <SUBJECT>Must my agency notify the TSP of any adjustment to the TSP's bill?</SUBJECT>
                  <SECTNO>102-118.310</SECTNO>
                  <SUBJECT>Must my agency prepayment audit program establish appeal procedures whereby a TSP may appeal any reduction in the amount billed?</SUBJECT>
                  <SECTNO>102-118.315</SECTNO>
                  <SUBJECT>What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute?</SUBJECT>
                  <SECTNO>102-118.320</SECTNO>
                  <SUBJECT>What information must be on transportation bills which have completed my agency's prepayment audit?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Maintaining an Approved Program</HD>
                  <SECTNO>102-118.325</SECTNO>
                  <SUBJECT>Must I get approval for my agency's prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.330</SECTNO>
                  <SUBJECT>What are the elements of an acceptable prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.335</SECTNO>
                  <SUBJECT>What does the GSA Audit Division consider when verifying an agency prepayment audit program?</SUBJECT>
                  <SECTNO>102-118.340</SECTNO>
                  <SUBJECT>How does my agency contact the GSA AuditDivision?</SUBJECT>
                  <SECTNO>102-118.345</SECTNO>
                  <SUBJECT>If my agency chooses to change an approved prepayment audit program, does the program need to be re-approved?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Liability for Certifying and Disbursing Officers</HD>
                  <SECTNO>102-118.350</SECTNO>
                  <SUBJECT>Does establishing a prepayment audit system or program change the responsibilities of the certifying officers?</SUBJECT>
                  <SECTNO>102-118.355</SECTNO>
                  <SUBJECT>Does a prepayment audit waiver, change any liabilities of the certifying officer?</SUBJECT>
                  <SECTNO>102-118.360</SECTNO>
                  <SUBJECT>What relief from liability is available for the certifying official under a postpayment audit?</SUBJECT>
                  <SECTNO>102-118.365</SECTNO>
                  <SUBJECT>Do the requirements of a prepayment audit change the disbursing official's liability for overpayment?</SUBJECT>
                  <SECTNO>102-118.370</SECTNO>
                  <SUBJECT>Where does relief from prepayment audit liability for certifying, accountable, and disbursing officers reside in my agency?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Waivers From Mandatory Prepayment Audit</HD>
                  <SECTNO>102-118.375</SECTNO>
                  <SUBJECT>Who has the authority to grant a waiver of the prepayment audit requirement?</SUBJECT>
                  <SECTNO>102-118.380</SECTNO>
                  <SUBJECT>How does my agency apply for a waiver from the prepayment audit requirement?</SUBJECT>
                  <SECTNO>102-118.385</SECTNO>
                  <SUBJECT>What must a waiver request include?</SUBJECT>
                  <SECTNO>102-118.390</SECTNO>
                  <SUBJECT>On what basis does GSA grant a waiver to the prepayment audit requirement?</SUBJECT>
                  <SECTNO>102-118.395</SECTNO>
                  <SUBJECT>How long will GSA take to respond to a waiver request?</SUBJECT>
                  <SECTNO>102-118.400</SECTNO>
                  <SUBJECT>Must my agency renew a waiver of the prepayment audit requirements?</SUBJECT>
                  <SECTNO>102-118.405</SECTNO>
                  <SUBJECT>Are my agency's prepayment audited transportation bills subject to periodic postpayment audit oversight from the GSA Audit Division?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <PRTPAGE P="121"/>
                  <HD SOURCE="HED">Suspension of Agency Prepayment Audit Programs</HD>
                  <SECTNO>102-118.410</SECTNO>
                  <SUBJECT>Can GSA suspend my agency's prepayment audit program?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart E—Postpayment Transportation Audits</HD>
                <SECTNO>102-118.415</SECTNO>
                <SUBJECT>Will the widespread mandatory use of prepayment audits eliminate postpayment audits?</SUBJECT>
                <SECTNO>102-118.420</SECTNO>
                <SUBJECT>Can the Administrator of General Services waive the postpayment auditing provisions of this subpart?</SUBJECT>
                <SECTNO>102-118.425</SECTNO>
                <SUBJECT>Is my agency allowed to perform a postpayment audit on our transportation bills?</SUBJECT>
                <SECTNO>102-118.430</SECTNO>
                <SUBJECT>What information must be on my agency's transportation bills submitted for a postpayment audit?</SUBJECT>
                <SECTNO>102-118.435</SECTNO>
                <SUBJECT>What procedures does GSA use to perform a postpayment audit?</SUBJECT>
                <SECTNO>102-118.440</SECTNO>
                <SUBJECT>What are the postpayment audit responsibilities and roles of the GSA Audit Division?</SUBJECT>
                <SECTNO>102-118.445</SECTNO>
                <SUBJECT>Must my agency pay for a postpayment audit when using the GSA Audit Division?</SUBJECT>
              </SUBPART>
              <SUBPART>
                <HD SOURCE="HED">Subpart F—Claims and Appeal Procedures</HD>
                <SUBJGRP>
                  <HD SOURCE="HED">General Agency Information for All Claims</HD>
                  <SECTNO>102-118.450</SECTNO>
                  <SUBJECT>Can a TSP file a transportation claim against my agency?</SUBJECT>
                  <SECTNO>102-118.445</SECTNO>
                  <SUBJECT>What is the time limit for a TSP to file a transportation claim against my agency?</SUBJECT>
                  <SECTNO>102-118.460</SECTNO>
                  <SUBJECT>What is the time limit for my agency to file a court claim with a TSP for freight charges, reparations, and loss or damage to the property?</SUBJECT>
                  <SECTNO>102-118.465</SECTNO>
                  <SUBJECT>Must my agency pay interest on a disputed amount claimed by a TSP?</SUBJECT>
                  <SECTNO>102-118.470</SECTNO>
                  <SUBJECT>Are there statutory time limits for a TSP on filing an administrative claim with the GSA AuditDivision?</SUBJECT>
                  <SECTNO>102-118.475</SECTNO>
                  <SUBJECT>Does interest apply after certification of payment of claims?</SUBJECT>
                  <SECTNO>102-118.480</SECTNO>
                  <SUBJECT>How does my agency settle disputes with a TSP?</SUBJECT>
                  <SECTNO>102-118.485</SECTNO>
                  <SUBJECT>Is there a time limit for my agency to issue a decision on disputed claims?</SUBJECT>
                  <SECTNO>102-118.490</SECTNO>
                  <SUBJECT>What if my agency fails to settle a dispute within 30 days?</SUBJECT>
                  <SECTNO>102-118.495</SECTNO>
                  <SUBJECT>May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)?</SUBJECT>
                  <SECTNO>102-118.500</SECTNO>
                  <SUBJECT>How does my agency handle a voluntary refund submitted by a TSP?</SUBJECT>
                  <SECTNO>102-118.505</SECTNO>
                  <SUBJECT>Must my agency send a voluntary refund to the Treasurer of the United States?</SUBJECT>
                  <SECTNO>102-118.510</SECTNO>
                  <SUBJECT>Can my agency revise or alter a GSA Form 7931, Certificate of Settlement?</SUBJECT>
                  <SECTNO>102-118.515</SECTNO>
                  <SUBJECT>Does my agency have any recourse not to pay a Certificate of Settlement?</SUBJECT>
                  <SECTNO>102-118.520</SECTNO>
                  <SUBJECT>Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency?</SUBJECT>
                  <SECTNO>102-118.525</SECTNO>
                  <SUBJECT>What are my agency's responsibilities for verifying the correct amount of transportation charges?</SUBJECT>
                  <SECTNO>102-118.530</SECTNO>
                  <SUBJECT>Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?</SUBJECT>
                  <SECTNO>102-118.535</SECTNO>
                  <SUBJECT>Are there principles governing my agency's TSP debt collection procedures?</SUBJECT>
                  <SECTNO>102-118.540</SECTNO>
                  <SUBJECT>Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) Filing Requirements</HD>
                  <SECTNO>102-118.545</SECTNO>
                  <SUBJECT>What information must a TSP claim include?</SUBJECT>
                  <SECTNO>102-118.550</SECTNO>
                  <SUBJECT>How does a TSP file an administrative claim using EDI or other electronic means?</SUBJECT>
                  <SECTNO>102-118.555</SECTNO>
                  <SUBJECT>Can a TSP file a supplemental administrative claim?</SUBJECT>
                  <SECTNO>102-118.560</SECTNO>
                  <SUBJECT>What is the required format that a TSP must use to file an administrative claim?</SUBJECT>
                  <SECTNO>102-118.565</SECTNO>
                  <SUBJECT>What documentation is required when filing an administrative claim?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Prepayment Audits</HD>
                  <SECTNO>102-118.570</SECTNO>
                  <SUBJECT>If my agency denies the TSP's challenge to the Statement of Difference, may the TSP appeal?</SUBJECT>
                  <SECTNO>102-118.575</SECTNO>
                  <SUBJECT>If a TSP disagrees with the decision of my agency, can the TSP appeal?</SUBJECT>
                  <SECTNO>102-118.580</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSA Audit Division?</SUBJECT>
                  <SECTNO>102-118.585</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSBCA?</SUBJECT>
                  <SECTNO>102-118 .590</SECTNO>
                  <SUBJECT>May my agency appeal a prepayment audit decision of the GSA Audit Division?</SUBJECT>
                  <SECTNO>102-118.595</SECTNO>
                  <SUBJECT>May my agency appeal a prepayment audit decision by the GSBCA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Postpayment Audits</HD>
                  <SECTNO>102-118.600</SECTNO>

                  <SUBJECT>When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?<PRTPAGE P="122"/>
                  </SUBJECT>
                  <SECTNO>102-118.605</SECTNO>
                  <SUBJECT>What if a TSP disagrees with the Notice of Indebtedness?</SUBJECT>
                  <SECTNO>102-118.610</SECTNO>
                  <SUBJECT>Is a TSP notified when GSA allows a claim?</SUBJECT>
                  <SECTNO>102-118.615</SECTNO>
                  <SUBJECT>Will GSA notify a TSP if they internally offset a payment?</SUBJECT>
                  <SECTNO>102-118.620</SECTNO>
                  <SUBJECT>How will a TSP know if the GSA Audit Division disallows a claim?</SUBJECT>
                  <SECTNO>102-118.625</SECTNO>
                  <SUBJECT>Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?</SUBJECT>
                  <SECTNO>102-118.630</SECTNO>
                  <SUBJECT>How must a TSP refund amounts due to GSA?</SUBJECT>
                  <SECTNO>102-118.635</SECTNO>
                  <SUBJECT>Can the Government charge interest on an amount due from a TSP?</SUBJECT>
                  <SECTNO>102-118.640</SECTNO>
                  <SUBJECT>If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?</SUBJECT>
                  <SECTNO>102-118.645</SECTNO>
                  <SUBJECT>Can a TSP file an administrative claim on collection actions?</SUBJECT>
                  <SECTNO>102-118.650</SECTNO>
                  <SUBJECT>Can a TSP request a review of a settlement action by the Administrator of General Services?</SUBJECT>
                  <SECTNO>102-118.655</SECTNO>
                  <SUBJECT>Are there time limits on a TSP request for an administrative review by the GSBCA?</SUBJECT>
                  <SECTNO>102-118.660</SECTNO>
                  <SUBJECT>May a TSP appeal a postpayment audit decision of the GSBCA?</SUBJECT>
                  <SECTNO>102-118.665</SECTNO>
                  <SUBJECT>May my agency appeal a postpayment audit decision by the GSBCA?</SUBJECT>
                </SUBJGRP>
                <SUBJGRP>
                  <HD SOURCE="HED">Transportation Service Provider (TSP) Non-Payment of a Claim</HD>
                  <SECTNO>102-118.670</SECTNO>
                  <SUBJECT>If a TSP cannot immediately pay a debt, can they make other arrangements for payment?</SUBJECT>
                  <SECTNO>102-118.675</SECTNO>
                  <SUBJECT>What recourse does my agency have if a TSP does not pay a transportation debt?</SUBJECT>
                </SUBJGRP>
              </SUBPART>
            </CONTENTS>
            <AUTH>
              <HD SOURCE="HED">Authority:</HD>
              <P>31 U.S.C. 3726; and 40 U.S.C. 481, <E T="03">et seq.</E>
              </P>
            </AUTH>
            <SOURCE>
              <HD SOURCE="HED">Source:</HD>
              <P>65 FR 24569, Apr. 26, 2000, unless otherwise noted.</P>
            </SOURCE>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Introduction</HD>
                <SECTION>
                  <SECTNO>§ 102-118.5</SECTNO>
                  <SUBJECT>What is the purpose of this part?</SUBJECT>
                  <P>The purpose of this part is to interpret statutes and other policies that assure that payment and payment mechanisms for agency transportation services are uniform and appropriate. This part communicates the policies clearly to agencies and transportation service providers(TSPs). (See § 102-118.35 for the definition of TSP.)</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.10</SECTNO>
                  <SUBJECT>What is a transportation audit?</SUBJECT>
                  <P>A transportation audit is a thorough review and validation of transportation related bills. The audit must examine the validity, propriety, and conformity of the charges with tariffs, quotations, agreements, or tenders, as appropriate. Each agency must ensure that its internal transportation audit procedures prevent duplicate payments and only allow payment for authorized services, and that the TSP's bill is complete with required documentation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.15</SECTNO>
                  <SUBJECT>What is a transportation payment?</SUBJECT>
                  <P>A transportation payment is a payment made by an agency to a TSP for the movement of goods or people and/or transportation related services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.20</SECTNO>
                  <SUBJECT>Who is subject to this part?</SUBJECT>
                  <P>All agencies and TSPs defined in § 102-118.35 are subject to this part. Your agency is required to incorporate this part into its internal regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.25</SECTNO>
                  <SUBJECT>Does GSA still require my agency to submit its overall transportation policies for approval?</SUBJECT>
                  <P>GSA no longer requires your agency to submit its overall transportation policies for approval. However, as noted in § 102-118.325, agencies must submit their prepayment audit plans for approval. In addition, GSA may from time to time request to examine your agency's transportation policies to verify the correct performance of the prepayment audit of your agency's transportation bills.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.30</SECTNO>
                  <SUBJECT>Are Government corporations bound by this part?</SUBJECT>
                  <P>No, Government corporations are not bound by this part. However, they may choose to use it if they wish.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Definitions</HD>
                <SECTION>
                  <SECTNO>§ 102-118.35</SECTNO>
                  <SUBJECT>What definitions apply to this part?</SUBJECT>
                  <P>The following definitions apply to this part:</P>
                  <P>
                    <E T="03">Agency</E> means Executive agency, but does not include:<PRTPAGE P="123"/>
                  </P>
                  <P>(1) A Government Controlled Corporation;</P>
                  <P>(2) The Tennessee Valley Authority;</P>
                  <P>(3) The Virgin Islands Corporation;</P>
                  <P>(4) The Atomic Energy Commission;</P>
                  <P>(5) The Central Intelligence Agency;</P>
                  <P>(6) The Panama Canal Commission; and</P>
                  <P>(7) The National Security Agency, Department of Defense.</P>
                  <NOTE>
                    <HD SOURCE="HED">Note to the definition of Agency:</HD>
                    <P>All agencies' payments for transportation services are subject to the transportation audit provisions of section 322 of the Transportation Act of 1940, as amended (31 U.S.C. 3726). </P>
                  </NOTE>
                  <P>
                    <E T="03">Agency claim</E> means any demand by an agency upon a TSP for the payment of overcharges, ordinary debts, fines, penalties, administrative fees, special charges, and interest.</P>
                  <P>
                    <E T="03">Bill of lading,</E> sometimes referred to as a commercial bill of lading (but includes GBLs), is the document used as a receipt of goods, and documentary evidence of title. It is also a contract of carriage when movement is under 49 U.S.C. 10721 and 49 U.S.C. 13712.</P>
                  <P>
                    <E T="03">Document reference number</E> means the unique number on a bill of lading, Government Bill of Lading, Government Transportation Request, or transportation ticket, used to track the movement of shipments and individuals.</P>
                  <P>
                    <E T="03">EDI signature</E> means a discrete authentication code which serves in place of a paper signature and binds parties to the terms and conditions of a contract in electronic communication.</P>
                  <P>
                    <E T="03">Electronic commerce</E> means electronic techniques for performing business transactions (ordering, billing, and paying for goods and services), including electronic mail or messaging, Internet technology, electronic bulletin boards, charge cards, electronic funds transfers, and electronic data interchange.</P>
                  <P>
                    <E T="03">Electronic data interchange</E> means electronic techniques for carrying out transportation transactions using electronic transmissions of the information between computers instead of paper documents. These electronic transmissions must use established and published formats and codes as authorized by the applicable Federal Information Processing Standards.</P>
                  <P>
                    <E T="03">Electronic funds transfer</E> means any transfer of funds, other than transactions initiated by cash, check, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term includes Automated Clearinghouse transfers, Fed Wire transfers, and transfers made at automatic teller machines and point of sale terminals.</P>
                  <P>
                    <E T="03">Government Bill of Lading (GBL)</E> means Optional Forms 1103 and 1203, the transportation documents issued by GSA and used as a receipt of goods, evidence of title, and generally a contract of carriage.</P>
                  <P>
                    <E T="03">Government contractor-issued charge card</E> means both an individually billed travel card, which the individual is required to pay, and a centrally billed account for paying travel expenses, which the agency is required to pay.</P>
                  <P>
                    <E T="03">Government Transportation Request (GTR)</E> means OptionalForm 1169, the Government document used to buy transportation services. The document normally obligates the Government to pay for the transportation services provided.</P>
                  <P>
                    <E T="03">Offset</E> means agency use of money owed by the agency to a transportation service provider (TSP) to cover a previous debt incurred to the agency by the TSP.</P>
                  <P>
                    <E T="03">Ordinary debt</E> means an amount that a TSP owes an agency other than for the repayment of an overcharge. Ordinary debts include, but are not limited to, payments for transportation services ordered and not provided (including unused transportation tickets), duplicate payments, and amounts for which a TSP is liable because of loss and/or damage to property it transported.</P>
                  <P>
                    <E T="03">Overcharge</E> means those charges for transportation and travel services that exceed those applicable under the contract for carriage. This also includes charges more than those applicable under rates, fares and charges established pursuant to section 13712 and 10721 of the RevisedInterstate Commerce Act, as amended (49 U.S.C. 13712 and 10721), or other equivalent contract, arrangement or exemption from regulation.<PRTPAGE P="124"/>
                  </P>
                  <P>
                    <E T="03">Postpayment audit</E> means an audit of transportation billing documents after payment to decide their validity, propriety, and conformity with tariffs, quotations, agreements, or tenders. This process may also include subsequent adjustments and collections actions taken against a TSP by the Government.</P>
                  <P>
                    <E T="03">Prepayment audit</E> means an audit of transportation billing documents before payment to determine their validity, propriety, and conformity with tariffs, quotations, agreements, or tenders.</P>
                  <P>
                    <E T="03">Privately Owned Personal Property Government Bill of Lading,</E> Optional Form 1203, means the agency transportation document used as a receipt of goods, evidence of title, and generally a contract of carriage. It is only available for the transportation of household goods. Use of this form is mandatory for Department of Defense, but optional for other agencies.</P>
                  <P>
                    <E T="03">Rate authority</E> means the document that establishes the legal charges for a transportation shipment. Charges included in a rate authority are those rates, fares, and charges for transportation and related services contained in tariffs, tenders, and other equivalent documents.</P>
                  <P>
                    <E T="03">Released value</E> is stated in dollars and is considered the assigned value of the cargo for reimbursement purposes, not necessarily the actual value of the cargo. Released value may be more or less than the actual value of the cargo. The released value is the maximum amount that could be recovered by the agency in the event of loss or damage for the shipments of freight and household goods. In return, when negotiating for rates and the released value is proposed to be less than the actual value of the cargo, the TSP should offer a rate lower than other rates for shipping cargo at full value. The statement of released value may be shown on any applicable tariff, tender, contract, transportation document or other documents covering the shipment.</P>
                  <P>
                    <E T="03">Reparation</E> means the payment involving a TSP to or from an agency of an improper transportation billing as determined by a postpayment audit. Improper routing, overcharges, or duplicate payments may cause such improper billing. This is different from payments to settle a claim for loss and damage to items shipped under those rates.</P>
                  <P>
                    <E T="03">Standard carrier alpha code (SCAC)</E> means an unique four-letter code assigned to each TSP by the National Motor Freight Traffic Association, Inc.</P>
                  <P>
                    <E T="03">Statement of difference</E> means a statement issued by an agency or its designated audit contractor during a prepayment audit when they determine that a TSP has billed the agency for more than the proper amount for the services. This statement tells the TSP on the invoice, the amount allowed and the basis for the proper charges. The statement also cites the applicable rate references and other data relied on for support. The agency issues a separate statement of difference for each transportation transaction.</P>
                  <P>
                    <E T="03">Statement of difference rebuttal</E> means a document used by the agency to respond to a TSP's claim about an improper reduction made against the TSP's original bill by the paying agency.</P>
                  <P>
                    <E T="03">Supplemental bill</E> means a bill for services that the TSP submits to the agency for additional payment after reimbursement for the original bill. The need to submit a supplemental bill may occur due to an incorrect first bill or due to charges which were not included on the original bill.</P>
                  <P>
                    <E T="03">Taxpayer identification number (TIN)</E> means the number required by the Internal Revenue Service to be used by the TSP in reporting income tax or other returns. For a TSP, the TIN is an employer identification number.</P>
                  <P>
                    <E T="03">Transportation document (TD)</E> means any executed agreement for transportation service, such as a bill of lading (including a Government Bill of Lading), a Government Transportation Request, or transportation ticket.</P>
                  <P>
                    <E T="03">Transportation service</E> means service involved in the physical movement (from one location to another) of products, people, household goods, and any other objects by a TSP for an agency as well as activities directly relating to or supporting that movement. Examples of this are storage, crating, or connecting appliances.<PRTPAGE P="125"/>
                  </P>
                  <P>
                    <E T="03">Transportation service provider (TSP)</E> means any party, person, agent, or carrier that provides freight or passenger transportation and related services to an agency. For a freight shipment this would include packers, truckers, and storers. For passenger transportation this would include airlines, travel agents and travel management centers.</P>
                  <P>
                    <E T="03">Transportation service provider claim</E> means any demand by the TSP for amounts not included in the original bill that the TSP believes an agency owes them. This includes amounts deducted or offset by an agency; amounts previously refunded by the TSP, which they now believe they are owed; and any subsequent bills from the TSP resulting from a transaction that was pre- or postpayment audited by the GSA Audit Division.</P>
                  <P>
                    <E T="03">Virtual GBL (VGBL)</E> means the use of a unique GBL number on a commercial document, which binds the TSP to the terms and conditions of a GBL. 
                  </P>
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-118.35:</HD>
                    <P>49 U.S.C. 13102, <E T="03">et seq.</E>, defines additional transportation terms not listed in this section.</P>
                  </NOTE>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Ordering and Paying for Transportation and Transportation Services</HD>
              <SECTION>
                <SECTNO>§ 102-118.40</SECTNO>
                <SUBJECT>How does my agency order transportation and transportation services?</SUBJECT>
                <P>Your agency orders:</P>
                <P>(a) Transportation of freight and household goods and related transportation services (e.g., packing, storage) with a charge card, bill of lading, purchase order (or electronic equivalent), or for domestic shipments until September 30, 2001, a Government Bill of Lading (GBL). GBLs will continue to be available after that date, if needed, for international shipments (including domestic overseas shipments).</P>

                <P>(b) Transportation of people through the purchase of transportation tickets with a Government issued charge card (or centrally billed travel account citation), Government issued individual travel charge card, personal charge card, cash (in accordance with Department of the Treasury regulations), or in limited prescribed situations, a Government Transportation Request (GTR). See the “U.S. Government Passenger Transportation—Handbook,” obtainable from:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.45</SECTNO>
                <SUBJECT>How does a transportation service provider (TSP) bill my agency for transportation and transportation services?</SUBJECT>
                <P>The manner in which your agency orders transportation and transportation services determines the manner in which a TSP bills for service. This is shown in the following table:</P>
                <GPOTABLE CDEF="s100,r100" COLS="2" OPTS="L4,p9,9/10,i1">
                  <TTITLE>Transportation Service Provider Billing</TTITLE>
                  <BOXHD>
                    <CHED H="1">(a) Ordering method</CHED>
                    <CHED H="1">(b) Billing method</CHED>
                  </BOXHD>
                  <ROW>
                    <ENT I="01">(1)(i) Government issued agency charge card,</ENT>
                    <ENT>(1) Bill from charge card company (may be electronic).</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22">(ii) Centrally billed travel account citation.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(2)(i) Purchase order,</ENT>
                    <ENT>(2) Bill from TSP (may be electronic).</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">(ii) Bill of lading,</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">(iii) Government Bill of Lading,</ENT>
                  </ROW>
                  <ROW RUL="s">
                    <ENT I="22">(iv) Government Transportation Request.</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="01">(3)(i) Contractor issued individual travel charge card</ENT>
                    <ENT>(3) Voucher from employee (may be electronic).</ENT>
                  </ROW>
                  <ROW>
                    <PRTPAGE P="126"/>
                    <ENT I="22">(ii) Personal charge card,</ENT>
                  </ROW>
                  <ROW>
                    <ENT I="22">(iii) Personal cash. </ENT>
                  </ROW>
                </GPOTABLE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.50</SECTNO>
                <SUBJECT>How does my agency pay for transportation services?</SUBJECT>
                <P>Your agency may pay for transportation services in three ways:</P>
                <P>(a) <E T="03">Electronic funds transfer (EFT) (31 U.S.C. 3332, et seq.</E>). Your agency is required by statute to make all payments by EFT unless your agency receives a waiver from the Department of the Treasury.</P>
                <P>(b) <E T="03">Check.</E> For those situations where EFT is not possible and the Department of the Treasury has issued a waiver, your agency may make payments by check.</P>
                <P>(c) <E T="03">Cash.</E> In very unusual circumstances and as a last option, your agency payments may be made in cash in accordance with Department of the Treasury regulations (31 CFR part 208).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.55</SECTNO>
                <SUBJECT>What administrative procedures must my agency establish for payment of freight, household goods, or other transportation services?</SUBJECT>
                <P>Your agency must establish administrative procedures which assure that the following conditions are met:</P>
                <P>(a) The negotiated price is fair and reasonable;</P>
                <P>(b) A document of agreement signifying acceptance of the arrangements with terms and conditions is filed with the participating agency by the TSP;</P>
                <P>(c) The terms and conditions are included in all transportation agreements and referenced on all transportation documents (TDs);</P>
                <P>(d) Bills are only paid to the TSP providing service under the bill of lading to your agency and may not be waived;</P>
                <P>(e) All fees paid are accounted for in the aggregate delivery costs;</P>
                <P>(f) All payments are subject to applicable statutory limitations;</P>
                <P>(g) Procedures (such as an unique numbering system) are established to prevent and detect duplicate payments, properly account for expenditures and discrepancy notices;</P>
                <P>(h) All transactions are verified with any indebtedness list. On charge card transactions, your agency must consult any indebtedness list if the charge card contract provisions allow for it; and</P>
                <P>(i) Procedures are established to process any unused tickets.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.60</SECTNO>
                <SUBJECT>To what extent must my agency use electronic commerce?</SUBJECT>
                <P>Your agency should use electronic commerce (<E T="03">i.e.,</E> electronic methods for ordering, receiving bills, and paying for transportation and transportation services) to the maximum extent possible.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.65</SECTNO>
                <SUBJECT>Can my agency receive electronic billing for payment of transportation services?</SUBJECT>
                <P>Yes, when mutually agreeable to the agency and the GSA Audit Division, your agency is encouraged to use electronic billing for the procurement and billing of transportation services.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.70</SECTNO>
                <SUBJECT>Must my agency make all payments via electronic funds transfer?</SUBJECT>
                <P>Yes, under 31 U.S.C. 3332, <E T="03">et seq.</E>, your agency must make all payments for goods and services via EFT (this includes goods and services ordered using charge cards).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.75</SECTNO>
                <SUBJECT>What if my agency or the TSP does not have an account with a financial institution or approved payment agent?</SUBJECT>
                <P>Under 31 U.S.C. 3332, <E T="03">et seq.</E>, your agency must obtain an account with a financial institution or approved payment agent in order to meet the statutory requirements to make all Federal payments via EFT unless your agency receives a waiver from the Department <PRTPAGE P="127"/>of the Treasury. To obtain a waiver, your agency must contact:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">The Commissioner</FP>
                  <FP SOURCE="FP-1">Financial Management Service</FP>
                  <FP SOURCE="FP-1">Department of the Treasury</FP>
                  <FP SOURCE="FP-1">401 Fourteenth Street, SW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20227</FP>
                  <FP SOURCE="FP-1">http://www.fms.treas.gov/ </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.80</SECTNO>
                <SUBJECT>Who is responsible for keeping my agency's electronic commerce transportation billing records?</SUBJECT>

                <P>Your agency's internal financial regulations will identify responsibility for recordkeeping. In addition, the GSA Audit Division keeps a central repository of electronic transportation billing records for legal and auditing purposes. Therefore, your agency must forward all relevant electronic transportation billing documents to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.85</SECTNO>
                <SUBJECT>Can my agency use a Government contractor issued charge card to pay for transportation services?</SUBJECT>
                <P>Yes, your agency may use a Government contractor issued charge card to purchase transportation services if permitted under the charge card contract or task order. In these circumstances your agency will receive a bill for these services from the charge card company.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.90</SECTNO>
                <SUBJECT>If my agency orders transportation and/or transportation services with a Government contractor issued charge card or charge account citation, is this subject to prepayment audit?</SUBJECT>
                <P>Generally, no transportation or transportation services ordered with a Government contractor issued charge card or charge account citation can be prepayment audited because the bank or charge card contractor pays the TSP directly, before your agency receives a bill that can be audited from the charge card company. However, if your agency contracts with the charge card or charge account provider to provide for a prepayment audit, then, as long as your agency is not liable for paying the bank for improper charges (as determined by the prepayment audit verification process), a prepayment audit can be used. As with all prepayment audit programs, the charge card prepayment audit must be approved by the GSA Audit Division prior to implementation. If the charge card contract does not provide for a prepayment audit, your agency must submit the transportation line items on the charge card to the GSA Audit Division for a postpayment audit.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.95</SECTNO>
                <SUBJECT>What forms can my agency use to pay transportation bills?</SUBJECT>
                <P>Your agency must use commercial payment practices and forms to the maximum extent possible; however, when viewed necessary by your agency, your agency may use the followingGovernment forms to pay transportation bills:</P>
                <P>(a) Standard Form (SF) 1113, Public Voucher for Transportation Charges, and SF 1113-A, Memorandum Copy;</P>
                <P>(b) Optional Form (OF) 1103, Government Bill of Lading and OF 1103A Memorandum Copy (used for movement of things, both privately owned and Government property for official uses);</P>
                <P>(c) OF 1169, Government Transportation Request (used to pay for tickets to move people); and</P>

                <P>(d) OF 1203, Privately Owned Personal PropertyGovernment Bill of Lading, and OF 1203A, Memorandum Copy(used by the Department of Defense to move private property for official transfers).
                </P>
                <NOTE>
                  <HD SOURCE="HED">Note to § 102-118.95:</HD>
                  <P>By September 30, 2001, your agency may no longer use the GBLs (OF 1103 and OF 1203) for domestic shipments. After September 30, 2000, your agency should minimize the use of GTRs (OF 1169).</P>
                </NOTE>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.100</SECTNO>
                <SUBJECT>What must my agency ensure is on each SF 1113?</SUBJECT>
                <P>Your agency must ensure during its prepayment audit of a TSP bill that the TSP filled out the Public Vouchers, SF 1113, completely including the taxpayer identification number (TIN), and standard carrier alpha code (SCAC). An SF 1113 must accompany all billings.</P>
              </SECTION>
              <SECTION>
                <PRTPAGE P="128"/>
                <SECTNO>§ 102-118.105</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Bill of Lading?</SUBJECT>

                <P>The “U.S. Government Freight Transportation—Handbook” contains information on how to prepare this GBL form. To get a copy of this handbook, you may write to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.110</SECTNO>
                <SUBJECT>Where can I find the rules governing the use of a Government Transportation Request?</SUBJECT>

                <P>The “U.S. Government Passenger Transportation—Handbook” contains information on how to prepare this GTR form. To get a copy of this handbook, you may write to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal Supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                </EXTRACT>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.115</SECTNO>
                <SUBJECT>Must my agency use a GBL?</SUBJECT>
                <P>No, your agency is not required to use a GBL and must use commercial payment practices to the maximum extent possible. Effective September 30, 2001, your agency must phase out the use of the Optional Forms 1103 and 1203 for domestic shipments. After this date, your agency may use the GBL solely for international shipments.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.120</SECTNO>
                <SUBJECT>Must my agency use a GTR?</SUBJECT>
                <P>No, your agency is not required to use a GTR. Your agency must adopt commercial practices and eliminate GTR use to the maximum extent possible.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.125</SECTNO>
                <SUBJECT>What if my agency uses a TD other than a GBL?</SUBJECT>
                <P>If your agency uses any other TD for shipping under its account, the requisite and the named safeguards must be in place (i.e., terms and conditions found herein and in the “U.S. Government Freight Transportation—Handbook,” appropriate numbering, etc.).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.130</SECTNO>
                <SUBJECT>Must my agency use a GBL for express, courier, or small package shipments?</SUBJECT>
                <P>No, however, in using commercial forms all shipments must be subject to the terms and conditions set forth for use of a bill of lading for the Government. Any other non-conflicting applicable contracts or agreements between the TSP and an agency involving buying transportation services for Government traffic remain binding. This purchase does not require a SF 1113. When you are using GSA's schedule for small package express delivery, the terms and conditions of that contract are binding.</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.135</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of bills of lading?</SUBJECT>
                <P>The mandatory terms and conditions governing the use of bills of lading are contained in this part and the “U.S. Government Freight Transportation Handbook.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.140</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of GBLs and bills of lading?</SUBJECT>
                <P>The mandatory terms and conditions governing the use of GBLs and bills of lading are:</P>
                <P>(a) Unless otherwise permitted by statute, the TSP must not demand prepayment or collect charges from the consignee. The TSP, providing service under the bill of lading, must present the original, properly certified GBL or bill of lading attached to an SF 1113, Public Voucher for Transportation Charges, to the paying office for payment;</P>
                <P>(b) The shipment must be made at the restricted or limited valuation specified in the tariff or classification or limited contract, arrangement or exemption at or under which the lowest rate is available, unless indicated on the GBL or bill of lading. (This is commonly referred to as an alternation of rates);</P>

                <P>(c) Receipt for the shipment is subject to the consignee's annotation of loss, damage, or shrinkage on the delivering TSP's documents and the consignee's copy of the same documents. If <PRTPAGE P="129"/>loss or damage is discovered after delivery or receipt of the shipment, the consignee must promptly notify the nearest office of the last deliveringTSP and extend to the TSP the privilege of examining the shipment;</P>
                <P>(d) The rules and conditions governing commercial shipments for the time period within which notice must be given to the TSP, or a claim must be filed, or suit must be instituted, shall not apply if the shipment is lost, damaged or undergoes shrinkage in transit. Only with the written concurrence of the Government official responsible for making the shipment is the deletion of this item considered to valid;</P>
                <P>(e) Interest shall accrue from the voucher payment date on the overcharges made and shall be paid at the same rate in effect on that date as published by the Secretary of the Treasury pursuant to the Debt Collection Act of 1982 31 U.S.C. 3717); and</P>
                <P>(f) Additional mandatory terms and conditions are in this part and the “U.S. Government Freight Transportation—Handbook.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.145</SECTNO>
                <SUBJECT>Where are the mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <P>The mandatory terms and conditions governing the use of passenger transportation documents are contained in this part and the “U.S. Government Passenger Transportation—Handbook.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>102-118.150</SECTNO>
                <SUBJECT>What are the major mandatory terms and conditions governing the use of passenger transportation documents?</SUBJECT>
                <P>The mandatory terms and conditions governing the use of passenger transportation documents are:</P>
                <P>(a) Government travel must be via the lowest cost available, that meets travel requirements; e.g., Government contract, fare, through, excursion, or reduced one way or round trip fare. This should be done by entering the term“lowest coach” on the Government travel document if the specific fare basis is not known;</P>
                <P>(b) The U.S. Government is not responsible for charges exceeding those applicable to the type, class, or character authorized in transportation documents;</P>
                <P>(c) The U.S. Government contractor-issued charge card must be used to the maximum extent possible to procure passenger transportation tickets. GTRs must be used minimally;</P>
                <P>(d) Government passenger transportation documents must be in accordance with Federal Travel RegulationChapters 300 and 301 (41 CFR chapters 300 and 301), and the “U.S. Government Passenger Transportation—Handbook”;</P>
                <P>(e) Interest shall accrue from the voucher payment date on overcharges made hereunder and shall be paid at the same rate in effect on that date as published by the Secretary of the Treasury pursuant to the Debt CollectionAct of 1982;</P>
                <P>(f) The TSP must insert on the TD any known dates on which travel commenced;</P>
                <P>(g) The issuing official or traveler, by signature, certifies that the requested transportation is for official business;</P>
                <P>(h) The TSP must not honor any request containing erasures or alterations unless the TD contains the authentic, valid initials of the issuing official; and</P>
                <P>(i) Additional mandatory terms and conditions are in this part and the “U. S. Government PassengerTransportation—Handbook.”</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.155</SECTNO>
                <SUBJECT>How does my agency handle supplemental billings from the TSP after payment of the original bill?</SUBJECT>
                <P>Your agency must process, review, and verify supplemental billings using the same procedures as on an original billing. If the TSP disputes the findings, your agency must attempt to resolve the disputed amount.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.160</SECTNO>
                <SUBJECT>Who is liable if my agency makes an overpayment on a transportation bill?</SUBJECT>

                <P>If the agency conducts prepayment audits of its transportation bills, agency transportation certifying and disbursing officers are liable for any overpayments made. If GSA has granted a waiver to the prepayment audit requirement and the agency performs a postpayment audit (31U.S.C. 3528 and 31 U.S.C. 3322) neither the certifying <PRTPAGE P="130"/>nor disbursing officers are liable for the reasons listed in these two cited statutes.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.165</SECTNO>
                <SUBJECT>What must my agency do if it finds an error on a TSP bill?</SUBJECT>

                <P>Your agency must advise the TSP via statement of difference of any adjustment that you make either electronically or in writing within 7 days of receipt of the bill, as required by the Prompt Payment Act (31 U.S.C. 3901, <E T="03">et seq.</E>). This notice must include the TSP's taxpayer identification number, standard carrier alpha code, bill number and document reference number, agency name, amount requested by the TSP, amount paid, payment voucher number, complete tender or tariff authority, the applicable rate authority and the complete fiscal authority including the appropriation.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.170</SECTNO>
                <SUBJECT>Will GSA continue to maintain a centralized numbering system for Government transportation documents?</SUBJECT>

                <P>Yes, GSA will maintain a numbering system for GBLs and GTRs. For commercial TDs, each agency must create a unique numbering system to account for and prevent duplicate numbers. The GSA Audit Division must approve this system.Write to:
                </P>
                <EXTRACT>
                  <FP SOURCE="FP-1">General Services Administration</FP>
                  <FP SOURCE="FP-1">Federal supply Service</FP>
                  <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                  <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                  <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                </EXTRACT>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Use of Government Billing Documents</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Terms and Conditions Governing Acceptance and Use of a Government Bill of Lading (GBL) or Government TransportationRequest (GTR) (Until Form Retirement)</HD>
                <SECTION>
                  <SECTNO>§ 102-118.175</SECTNO>
                  <SUBJECT>Must my agency prepare for the GBL retirement?</SUBJECT>
                  <P>Yes, your agency must prepare for the GBL retirement. Effective September 30, 2001, your agency must phase out the use of the SF 1103, Government Bill of Lading, GBL, and SF 1203, Privately Owned Personal Property Government Bill of Lading (PPGBLs), for domestic shipments. After September 30, 2001, your agency may use the GBL or PPGBL solely for international shipments (including domestic overseas shipments).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.180</SECTNO>
                  <SUBJECT>Must my agency prepare for the GTR retirement?</SUBJECT>
                  <P>Yes, your agency must use the GTR only in situations that do not lend themselves to the use of commercial payment methods.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.185</SECTNO>
                  <SUBJECT>When buying freight transportation, must my agency reference the applicable contract or tender on the bill of lading (including a GBL)?</SUBJECT>
                  <P>Yes, your agency must reference the applicable contract or tender when buying transportation on a bill of lading(including GBLs). However, the referenced information on a GBL or bill of lading does not limit an audit of charges.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.190</SECTNO>
                  <SUBJECT>When buying passenger transportation must my agency reference the applicable contract?</SUBJECT>
                  <P>Yes, when buying passenger transportation, your agency must reference the applicable contract on a GTR or passenger transportation document (e.g., ticket).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.195</SECTNO>
                  <SUBJECT>What documents must a transportation service provider (TSP) send to receive payment for a transportation billing?</SUBJECT>
                  <P>For shipments bought on a TD, the TSP must submit an original properly certified GBL, PPGBL, or bill of lading attached to an SF 1113, Public Voucher for Transportation Charges. The TSP must submit this package and all supporting documents to the agency paying office.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.200</SECTNO>
                  <SUBJECT>Can a TSP demand advance payment for the transportation charges submitted on a bill of lading(including GBL)?</SUBJECT>
                  <P>No, a TSP cannot demand advance payment for transportation charges submitted on a bill of lading (including GBL), unless authorized by law.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="131"/>
                  <SECTNO>§ 102-118.205</SECTNO>
                  <SUBJECT>May my agency pay an agent functioning as a warehouseman for the TSP providing service under the bill of lading?</SUBJECT>
                  <P>No, your agency may only pay the TSP with whom it has a contract. The bill of lading will list the TSP with whom the Government has a contract.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.210</SECTNO>
                  <SUBJECT>May my agency use bills of lading other than the GBL for a transportation shipment?</SUBJECT>
                  <P>Yes, as long as the mandatory terms and conditions contained in this part (as also stated on a GBL) apply. The TSP must agree in writing to the mandatory terms and conditions (also found in the “U.S. Government Freight Transportation Handbook”) contained in this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.215</SECTNO>
                  <SUBJECT>May my agency pay a TSP any extra fees to pay for the preparation and use of the GBL or GTR?</SUBJECT>
                  <P>No, your agency must not pay any additional charges for the preparation and use of the GBL or GTR. Your agency may not pay a TSP a higher rate than comparable under commercial procedures for transportation bought on a GBL or GTR.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.220</SECTNO>
                  <SUBJECT>If a transportation debt is owed to my agency by a TSP because of loss or damage to property, does my agency report it to GSA?</SUBJECT>
                  <P>No, if your agency has administratively determined that a TSP owes a debt resulting from loss or damage, follow your agency regulations.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.225</SECTNO>
                  <SUBJECT>What constitutes final receipt of shipment?</SUBJECT>
                  <P>Final receipt of the shipment occurs when the consignee or a TSP acting on behalf of the consignee with the agency's permission, fully signs and dates both the delivering TSP's documents and the consignee's copy of the same documents indicating delivery and/or explaining any delay, loss, damage, or shrinkage of shipment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.230</SECTNO>
                  <SUBJECT>What if my agency creates or eliminates a field office approved to prepare transportation documents?</SUBJECT>
                  <P>Your agency must tell the GSA Audit Division whenever it approves a new or existing agency field office to prepare transportation documents or when an agency field office is no longer authorized to do so. This notice must show the name, field office location of the bureau or office, and the date on which your agency granted or canceled its authority to schedule payments for transportation service.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Agency Responsibilities When Using Government Bills of Lading (GBLs) or Government Transportation Requests (GTRs)</HD>
                <SECTION>
                  <SECTNO>§ 102-118.235</SECTNO>
                  <SUBJECT>Must my agency keep physical control and accountability of the GBL and GTR forms or GBL and GTR numbers?</SUBJECT>
                  <P>Yes, your agency is responsible for the physical control and accountability of the GBL and GTR stock and must have procedures in place and available for inspection by GSA. Your agency must consider these Government transportation documents to be the same as money.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.240</SECTNO>
                  <SUBJECT>How does my agency get GBL and GTR forms?</SUBJECT>

                  <P>Your agency can get GBL and GTR forms, in either blank or prenumbered formats, from:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">General Products Commodity Center (7FXM-WS)</FP>
                    <FP SOURCE="FP-1">819 Taylor Street, Room 6A24</FP>
                    <FP SOURCE="FP-1">Fort Worth, TX 76102 </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.245</SECTNO>
                  <SUBJECT>How does my agency get an assigned set of GBL or GTR numbers?</SUBJECT>

                  <P>If your agency does not use prenumbered GBL and GTR forms, you may get an assigned set of numbers from:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">General Products Commodity Center (7FXM-WS)</FP>
                    <FP SOURCE="FP-1">819 Taylor Street, Room 6A24</FP>
                    <FP SOURCE="FP-1">Fort Worth, TX 76102 </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.250</SECTNO>
                  <SUBJECT>Who is accountable for the issuance and use of GBL and GTR forms?</SUBJECT>

                  <P>Agencies and employees are responsible for the issuance and use of GBL <PRTPAGE P="132"/>and GTR forms and are accountable for their disposition.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.255</SECTNO>
                  <SUBJECT>Are GBL and GTR forms numbered and used sequentially?</SUBJECT>
                  <P>Yes, GBL and GTR forms are always sequentially numbered when printed and/or used. No other numbering of the forms, including additions or changes to the prefixes or additions of suffixes, is permitted.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Quotations, Tenders or Contracts</HD>
                <SECTION>
                  <SECTNO>§ 102-118.260</SECTNO>
                  <SUBJECT>Must my agency send all quotations, tenders, or contracts with a TSP to GSA?</SUBJECT>

                  <P>(a) Yes, your agency must send two copies of each quotation, tender, or contract of special rates, fares, charges, or concessions with TSPs including those authorized by 49 U.S.C. 10721 and 13712, upon execution to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  
                  <P>(b) When this information is in an electronic format approved by the GSA Audit Division, your agency will transfer the information electronically.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart D—Prepayment Audits of Transportation Services</HD>
              <SUBJGRP>
                <HD SOURCE="HED">Agency Requirements for Prepayment Audits</HD>
                <SECTION>
                  <SECTNO>§ 102-118.265</SECTNO>
                  <SUBJECT>What is a prepayment audit?</SUBJECT>
                  <P>A prepayment audit is a review of a transportation service provider (TSP) bill that occurs prior to your agency making payment to a TSP. This review compares the charges on the bill against the charge permitted under the contract, rate tender, or other agreement under which the TSP provided the transportation and/or transportation related services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.270</SECTNO>
                  <SUBJECT>Must my agency establish a prepayment audit program?</SUBJECT>

                  <P>(a) Yes, under 31 U.S.C. 3726, your agency is required to establish a prepayment audit program. Your agency must send a preliminary copy of your prepayment audit program to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Office of Transportation and Personal Property (MT)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://policyworks.gov/org/main/MT</FP>
                  </EXTRACT>
                  
                  <P>(b) The final plan must be approved and in place by April 20, 2000.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.275</SECTNO>
                  <SUBJECT>What must my agency consider when designing and implementing a prepayment audit program?</SUBJECT>
                  <P>As shown in § 102-118.45, the manner in which your agency orders transportation services determines how and by whom the bill for those services will be presented. Your agency's prepayment audit program must consider all of the methods that you use to order and pay for transportation services. With each method of ordering transportation services, your agency should ensure that each TSP bill or employee travel voucher contains enough information for the prepayment audit to determine which contract or rate tender is used and that the type and quantity of any additional services are clearly delineated. Each method of ordering transportation and transportation services may require a different kind of prepayment audit.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.280</SECTNO>
                  <SUBJECT>What advantages does the prepayment audit offer my agency?</SUBJECT>
                  <P>Prepayment auditing will allow your agency to detect and eliminate billing errors before payment and will eliminate the time and cost of recovering agency overpayments.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.285</SECTNO>
                  <SUBJECT>What options for performing a prepayment audit does my agency have?</SUBJECT>
                  <P>Your agency may perform a prepayment audit by:</P>
                  <P>(a) Creating an internal prepayment audit program;</P>
                  <P>(b) Contracting directly with a prepayment audit service provider; or</P>

                  <P>(c) Using the services of a prepayment audit contractor under GSA's multiple award schedule covering audit and financial management services.
                  </P>
                  <NOTE>
                    <PRTPAGE P="133"/>
                    <HD SOURCE="HED">Note to § 102-118.285:</HD>
                    <P>Either of the choices in paragraph (a), (b) or (c) of this section might include contracts with charge card companies that provide prepayment audit services.</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.290</SECTNO>
                  <SUBJECT>Must every electronic and paper transportation bill undergo a prepayment audit?</SUBJECT>

                  <P>Yes, all transportation bills and payments must undergo a prepayment audit unless your agency's prepayment audit program uses a statistical sampling technique of the bills or the Administrator of General Services grants a specific waiver from the prepayment audit requirement. If your agency chooses to use statistical sampling, all bills must be at or below the Comptroller General specified limit of $2,500.00 (31 U.S.C. 3521(b) and General Accounting Office Policy and Procedures Manual Chapter 7, obtainable from:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">U.S. General Accounting Office</FP>
                    <FP SOURCE="FP-1">P.O. Box 6015</FP>
                    <FP SOURCE="FP-1">Gaithersburg, MD 20884-6015</FP>
                    <FP SOURCE="FP-1">http://www.gao.gov </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.295</SECTNO>
                  <SUBJECT>What are the limited exceptions to every bill undergoing a prepayment audit?</SUBJECT>
                  <P>The limited exceptions to bills undergoing a prepayment audit are those bills subject to a waiver from GSA (which may include bills determined to be below your agency's threshold). The waiver to prepayment audit requirements may be for bills, mode or modes of transportation or for an agency or subagency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.300</SECTNO>
                  <SUBJECT>How does my agency fund its prepayment audit program?</SUBJECT>
                  <P>Your agency must pay for the prepayment audit from those funds appropriated for transportation services.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.305</SECTNO>
                  <SUBJECT>Must my agency notify the TSP of any adjustment to the TSP's bill?</SUBJECT>
                  <P>Yes, your agency must notify the TSP of any adjustment to the TSP's bill either electronically or in writing within 7 days of receipt of the bill. This notice must refer to the TSP's bill number, agency name, taxpayer identification number, standard carrier alpha code, document reference number, amount billed, amount paid, payment voucher number, complete tender or tariff authority, including item or section number.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.310</SECTNO>
                  <SUBJECT>Must my agency prepayment audit program establish appeal procedures whereby a TSP may appeal any reduction in the amount billed?</SUBJECT>
                  <P>Yes, your agency must establish an appeal process that directs TSP appeals to an agency official who is able to provide adequate consideration and review of the circumstances of the claim. Your agency must complete the review of the appeal within 30 days.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.315</SECTNO>
                  <SUBJECT>What must my agency do if the TSP disputes the findings and my agency cannot resolve the dispute?</SUBJECT>

                  <P>(a) If your agency is unable to resolve the disputed amount with the TSP, your agency should forward all relevant documents including a complete billing history, and the appropriation or fund charged, to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  
                  <P>(b) The GSA Audit Division will review the appeal of an agency's final, full or partial denial of a claim and issue a decision. A TSP must submit claims within 3 years under the guidelines established in § 102-118.460.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.320</SECTNO>
                  <SUBJECT>What information must be on transportation bills that have completed my agency's prepayment audit?</SUBJECT>
                  <P>(a) The following information must be annotated on all transportation bills that have completed a prepayment audit:</P>
                  <P>(1) The date received from a TSP;</P>
                  <P>(2) A TSP's bill number;</P>
                  <P>(3) Your agency name;</P>
                  <P>(4) A Document Reference Number (DRN);</P>
                  <P>(5) The amount billed;</P>
                  <P>(6) The amount paid;</P>
                  <P>(7) The payment voucher number;</P>

                  <P>(8) Complete tender or tariff authority, including item or section number;<PRTPAGE P="134"/>
                  </P>
                  <P>(9) The TSP's taxpayer identification number (TIN);</P>
                  <P>(10) The TSP's standard carrier alpha code (SCAC);</P>
                  <P>(11) The auditor's authorization code or initials; and</P>
                  <P>(12) A copy of any statement of difference sent to the TSP.</P>

                  <P>(b) Your agency can find added guidance in the “U.S. Government Freight Transportation—Handbook,” obtainable from:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Maintaining an Approved Program</HD>
                <SECTION>
                  <SECTNO>§ 102-118.325</SECTNO>
                  <SUBJECT>Must I get approval for my agency's prepayment audit program?</SUBJECT>
                  <P>Yes, your agency must get approval for your prepayment audit program. The highest level budget or financial official of each agency, such as the Chief Financial Officer, initially approves your agency's prepayment audit program. After internal agency approval, your agency submits the plan in writing to the GSA Audit Division for final approval.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.330</SECTNO>
                  <SUBJECT>What are the elements of an acceptable prepayment audit program?</SUBJECT>
                  <P>An acceptable prepayment audit program must:</P>
                  <P>(a) Verify all transportation bills against filed rates and charges before payment;</P>

                  <P>(b) Comply with the Prompt Payment Act (31 U.S.C. 3901, <E T="03">et seq.</E>);</P>
                  <P>(c) Allow for your agency to establish minimum dollar thresholds for transportation bills subject to audit;</P>
                  <P>(d) Require your agency's paying office to offset debts from amounts owed to the TSP within the 3 years as per 31 U.S.C. 3726(b);</P>
                  <P>(e) Be approved by the GSA Audit Division. After the initial approval, the agency may be subject to periodic program review and reapproval;</P>
                  <P>(f) Complete accurate audits of transportation bills and notify the TSP of any adjustment within 7 calendar days of receipt;</P>
                  <P>(g) Create accurate notices to the TSPs that describe in detail the reasons for any full or partial rejection of the stated charges on the invoice. An accurate notice must include the TSP's invoice number, the billed amount, TIN, standard carrier alpha code, the charges calculated by the agency, and the specific reasons including applicable rate authority for the rejection;</P>

                  <P>(h) Forward documentation monthly to the GSA Audit Division, which will store paid transportation bills under the General Records Schedule 9, Travel and Transportation (36 CFR Chapter XII, 1228.22) which requires keeping records for 3 years. GSA will arrange for storage of any document requiring special handling (<E T="03">e.g.</E>, bankruptcy, court case, <E T="03">etc.</E>). These bills will be retained pursuant to 44 U.S.C. 3309 until claims have been settled;</P>

                  <P>(i) Establish procedures in which transportation bills not subject to prepayment audit (<E T="03">i.e.</E>, bills for unused tickets and charge card billings) are handled separately and forwarded to the GSA Audit Division; and</P>
                  <P>(j) Implement a unique agency numbering system to handle commercial paper and practices (see § 102-118.55).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.335</SECTNO>
                  <SUBJECT>What does the GSA Audit Division consider when verifying an agency prepayment audit program?</SUBJECT>
                  <P>The GSA Audit Division bases verification of agency prepayment audit programs on objective cost-savings, paperwork reductions, current audit standards and other positive improvements, as well as adherence to the guidelines listed in this part.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.340</SECTNO>
                  <SUBJECT>How does my agency contact the GSA Audit Division?</SUBJECT>

                  <P>Your agency may contact the GSA Audit Division by writing to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="135"/>
                  <SECTNO>§ 102-118.345</SECTNO>
                  <SUBJECT>If my agency chooses to change an approved prepayment audit program, does the program need to be reapproved?</SUBJECT>
                  <P>Yes, you must receive approval of any changes in your agency's prepayment audit program from the GSA Audit Division.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Liability for Certifying and Disbursing Officers</HD>
                <SECTION>
                  <SECTNO>§ 102-118.350</SECTNO>
                  <SUBJECT>Does establishing a prepayment audit system or program change the responsibilities of the certifying officers?</SUBJECT>
                  <P>Yes, in a prepayment audit environment, an official certifying a transportation voucher is held liable for verifying transportation rates, freight classifications, and other information provided on a transportation billing instrument or transportation request undergoing a prepayment audit (31 U.S.C. 3528).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.355</SECTNO>
                  <SUBJECT>Does a prepayment audit waiver change any liabilities of the certifying officer?</SUBJECT>
                  <P>Yes, a certifying official is not personally liable for verifying transportation rates, freight classifications, or other information provided on a GBL or passenger transportation request when the Administrator of GeneralServices or designee waives the prepayment audit requirement and your agency uses postpayment audits.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.360</SECTNO>
                  <SUBJECT>What relief from liability is available for the certifying official under a postpayment audit?</SUBJECT>
                  <P>The agency counsel relieves a certifying official from liability for overpayments in cases where postpayment is the approved method of auditing and:</P>
                  <P>(a) The overpayment occurred solely because the administrative review before payment did not verify transportation rates; and</P>
                  <P>(b) The overpayment was the result of using improper transportation rates or freight classifications or the failure to deduct the correct amount under a land grant law or agreement.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.365</SECTNO>
                  <SUBJECT>Do the requirements of a prepayment audit change the disbursing official's liability for overpayment?</SUBJECT>
                  <P>Yes, the disbursing official has a liability for overpayments on all transportation bills subject to prepayment audit (31 U.S.C. 3322).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.370</SECTNO>
                  <SUBJECT>Where does relief from prepayment audit liability for certifying, accountable, and disbursing officers reside in my agency?</SUBJECT>
                  <P>Your agency's counsel has the authority to relieve liability and give advance opinions on liability issues to certifying, accountable, and disbursing officers (31 U.S.C.3527).</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Waivers from Mandatory Prepayment Audit</HD>
                <SECTION>
                  <SECTNO>§ 102-118.375</SECTNO>
                  <SUBJECT>Who has the authority to grant a waiver of the prepayment audit requirement?</SUBJECT>
                  <P>Only the Administrator of General Services or designee has the authority to grant waivers from the prepayment audit requirement.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.380</SECTNO>
                  <SUBJECT>How does my agency apply for a waiver from a prepayment audit of requirement?</SUBJECT>

                  <P>Your agency must submit a request for a waiver from the requirement to perform a prepayment in writing to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Office of Transportation and Personal Property (MT)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1"> http://policyworks.gov/org/main/MT </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.385</SECTNO>
                  <SUBJECT>What must a waiver request include?</SUBJECT>
                  <P>A waiver request must explain in detail how the use of a prepayment audit increases costs over a postpayment audit, decreases efficiency, involves a relevant public interest, adversely affects the agency's mission, or is not feasible for the agency. A waiver request must identify the mode or modes of transportation, agency or subagency to which the waiver would apply.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="136"/>
                  <SECTNO>§ 102-118.390</SECTNO>
                  <SUBJECT>On what basis does GSA grant a waiver to the prepayment audit requirement?</SUBJECT>
                  <P>GSA issues waivers to the prepayment audit requirement based on:</P>
                  <P>(a) Cost-effectiveness;</P>
                  <P>(b) Government efficiency;</P>
                  <P>(c) Public interest; or</P>
                  <P>(d) Other factors the Administrator of General Services considers appropriate.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.395</SECTNO>
                  <SUBJECT>How long will GSA take to respond to a waiver request?</SUBJECT>
                  <P>GSA will respond to a written waiver request within 30 days from the receipt of the request.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.400</SECTNO>
                  <SUBJECT>Must my agency renew a waiver of the prepayment audit requirements?</SUBJECT>
                  <P>Yes, your agency waiver to the prepayment audit requirement will not exceed 2 years. Your agency must reapply to ensure the circumstances at the time of approval still apply.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.405</SECTNO>
                  <SUBJECT>Are my agency's prepayment audited transportation bills subject to periodic postpayment audit oversight from the GSA Audit Division?</SUBJECT>
                  <P>Yes, two years or more after starting prepayment audits, the GSA Audit Division (depending on its evaluation of the results) may subject your agency's prepayment audited transportation bills to periodic postpayment audit oversight rather than blanket postpayment audits. The GSA AuditDivision will then prepare a report analyzing the success of your agency's prepayment audit program. This report will be on file at GSA and available for your review.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Suspension of Agency Prepayment Audit Programs</HD>
                <SECTION>
                  <SECTNO>§ 102-118.410</SECTNO>
                  <SUBJECT>Can GSA suspend my agency's prepayment audit program?</SUBJECT>
                  <P>(a) Yes, the Director of the GSA Audit Division may suspend your agency's prepayment audit program based on his or her determination of a systematic or frequent failure of the program to:</P>
                  <P>(1) Conduct an accurate prepayment audit of your agency's transportation bills;</P>
                  <P>(2) Abide by the terms of the Prompt Payment Act;</P>
                  <P>(3) Adjudicate TSP claims disputing prepayment audit positions of the agency regularly within 30 days of receipt;</P>
                  <P>(4) Follow Comptroller General decisions, GSA Board of Contract Appeals decisions, the Federal ManagementRegulation and GSA instructions or precedents about substantive and procedure matters; and/or</P>
                  <P>(5) Provide information and data or to cooperate with on-site inspections necessary to conduct a quality assurance review.</P>
                  <P>(b) A systematic or a multitude of individual failures will result in suspension. A suspension of an agency's prepayment audit program may be in whole or in part for failure to conduct proper prepayment audits.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart E—Postpayment Transportation Audits</HD>
              <SECTION>
                <SECTNO>§ 102-118.415</SECTNO>
                <SUBJECT>Will the widespread mandatory use of prepayment audits eliminate postpayment audits?</SUBJECT>
                <P>No, the mandatory use of prepayment audits will not eliminate postpayment audits because:</P>
                <P>(a) Postpayment audits will continue for those areas which do not lend themselves to the prepayment audit; and</P>
                <P>(b) The GSA Audit Division will continue to review and survey the progress of the prepayment audit by performing a postpayment audit on the bills. The GSA Audit Division has a Congressionally mandated responsibility under 31 U.S.C. 3726 to perform oversight on transportation bill payments. During the early startup period for prepayment audits, transportation bills are subject to a possible postpayment audit to discover the effectiveness of the prepayment audit process.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.420</SECTNO>
                <SUBJECT>Can the Administrator of General Services waive the postpayment auditing provisions of this subpart?</SUBJECT>

                <P>Yes, in certain circumstances, the Administrator of General Services or designee may waive the postpayment <PRTPAGE P="137"/>audit oversight requirements of this subpart on a case by case basis.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.425</SECTNO>
                <SUBJECT>Is my agency allowed to perform a postpayment audit on our transportation bills?</SUBJECT>
                <P>No, your agency must forward all transportation bills to GSA for a postpayment audit regardless of any waiver allowing for postpayment audit.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.430</SECTNO>
                <SUBJECT>What information must be on my agency's transportation bills submitted for a postpayment audit?</SUBJECT>
                <P>Your agency must annotate all of its transportation bills submitted for postpayment audit with:</P>
                <P>(a) The date received from a TSP;</P>
                <P>(b) A TSP's bill number;</P>
                <P>(c) Your agency name;</P>
                <P>(d) A Document Reference Number;</P>
                <P>(e) The amount requested;</P>
                <P>(f) The amount paid;</P>
                <P>(g) The payment voucher number;</P>
                <P>(h) Complete tender or tariff authority, including contract price (if purchased under the Federal AcquisitionRegulation), item or section number;</P>
                <P>(i) The TSP's taxpayer identification number; and</P>
                <P>(j) The TSP's standard carrier alpha code (SCAC).</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.435</SECTNO>
                <SUBJECT>What procedures does GSA use to perform a postpayment audit?</SUBJECT>
                <P>When GSA performs a postpayment audit, the GSA Audit Division has the delegated authority to implement the following procedures:</P>
                <P>(a) Audit selected TSP bills after payment;</P>
                <P>(b) Audit selected TSP bills before payment as needed to protect the Government's interest (i.e., bankruptcy, fraud);</P>
                <P>(c) Examine, settle, and adjust accounts involving payment for transportation and related services for the account of agencies;</P>
                <P>(d) Adjudicate and settle transportation claims by and against agencies;</P>
                <P>(e) Offset an overcharge by any TSP from an amount subsequently found to be due that TSP;</P>
                <P>(f) Issue a Notice of Overcharge stating that a TSP owes a debt to the agency. This notice states the amount paid, the basis for the proper charge for the document reference number, and cites applicable tariff or tender along with other data relied on to support the overcharge. A separate Notice of Overcharge is prepared and mailed for each bill; and</P>
                <P>(g) Issue a GSA Notice of Indebtedness when a TSP owes an ordinary debt to an agency. This notice states the basis for the debt, the TSP's rights, interest, penalty, and other results of nonpayment. The debt is due immediately and subject to interest charges, penalties, and administrative cost under 31 U.S.C. 3717.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.440</SECTNO>
                <SUBJECT>What are the postpayment audit responsibilities and roles of the GSA Audit Division?</SUBJECT>
                <P>When the GSA Audit Division performs a postpayment audit for your agency, GSA will:</P>
                <P>(a) Examine and analyze payments to discover their validity, relevance and conformity with tariffs, quotations, contracts, agreements or tenders and make adjustments to protect the interest of an agency;</P>
                <P>(b) Examine, adjudicate, and settle transportation claims by and against the agency;</P>
                <P>(c) Collect from TSPs by refund, setoff, offset or other means, the amounts determined to be due the agency;</P>
                <P>(d) Adjust, terminate or suspend debts due on TSP overcharges;</P>
                <P>(e) Prepare reports to the Attorney General of the United States with recommendations about the legal and technical bases available for use in prosecuting or defending suits by or against an agency and provide technical, fiscal, and factual data from relevant records;</P>
                <P>(f) Provide transportation specialists and lawyers to serve as expert witnesses, assist in pretrial conferences, draft pleadings, orders, and briefs, and participate as requested in connection with transportation suits by or against an agency;</P>

                <P>(g) Review agency policies, programs, and procedures to determine their adequacy and effectiveness in the audit of freight or passenger transportation payments, and review related fiscal and transportation practices;<PRTPAGE P="138"/>
                </P>
                <P>(h) Furnish information on rates, fares, routes, and related technical data upon request;</P>
                <P>(i) Tell an agency of irregular shipping routing practices, inadequate commodity descriptions, excessive transportation cost authorizations, and unsound principles employed in traffic and transportation management; and</P>
                <P>(j) Confer with individual TSPs or related groups and associations presenting specific modes of transportation to resolve mutual problems concerning technical and accounting matters and acquainting them with agency requirements.</P>
              </SECTION>
              <SECTION>
                <SECTNO>§ 102-118.445</SECTNO>
                <SUBJECT>Must my agency pay for a postpayment audit when using the GSA Audit Division?</SUBJECT>
                <P>No, the expenses of postpayment audit contract administration and audit-related functions are financed from overpayments collected from the TSP's bills previously paid by the agency and similar type of refunds.</P>
              </SECTION>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart F—Claims and Appeal Procedures</HD>
              <SUBJGRP>
                <HD SOURCE="HED">General Agency Information for All Claims</HD>
                <SECTION>
                  <SECTNO>§ 102-118.450</SECTNO>
                  <SUBJECT>Can a TSP file a transportation claim against my agency?</SUBJECT>
                  <P>Yes, a TSP may file a transportation claim against your agency under 31 U.S.C. 3726 for:</P>
                  <P>(a) Amounts owed but not included in the original billing;</P>
                  <P>(b) Amounts deducted or set off by an agency that are disputed by the TSP;</P>
                  <P>(c) Requests by a TSP for amounts previously refunded in error by that TSP; and/or</P>
                  <P>(d) Unpaid original bills requiring direct settlement by GSA, including those subject to doubt about the suitability of payment (mainly bankruptcy or fraud).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.455</SECTNO>
                  <SUBJECT>What is the time limit for a TSP to file a transportation claim against my agency?</SUBJECT>
                  <P>The time limits on a TSP transportation claim against the Government differ by mode as shown in the following table:</P>
                  <GPOTABLE CDEF="s100,r50,r100" COLS="3" OPTS="L4,p9,9/10,i1">
                    <TTITLE>Time Limits on Actions Taken by TSP</TTITLE>
                    <BOXHD>
                      <CHED H="1">Mode</CHED>
                      <CHED H="1">Freight charges</CHED>
                      <CHED H="1">Statute</CHED>
                    </BOXHD>
                    <ROW RUL="s">
                      <ENT I="01">(a) Air Domestic</ENT>
                      <ENT>6 years</ENT>
                      <ENT>28 U.S.C. 2401, 2501.</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(b) Air International</ENT>
                      <ENT>6 years</ENT>
                      <ENT>28 U.S.C. 2401, 2501.</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(c) Freight Forwarders (subject to the IC Act)</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(d) Motor</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(e) Rail</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(f) Water (subject to the IC Act)</ENT>
                      <ENT>3 years</ENT>
                      <ENT>49 U.S.C. 14705(f).</ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(g) Water (not subject to the IC Act)</ENT>
                      <ENT>2 years</ENT>
                      <ENT>46 U.S.C. 745.</ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">(h) TSPs exempt from regulation</ENT>
                      <ENT>6 years</ENT>
                      <ENT>28 U.S.C. 2401, 2501. </ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="139"/>
                  <SECTNO>§ 102-118.460</SECTNO>
                  <SUBJECT>What is the time limit for my agency to file a court claim with a TSP for freight charges, reparations, and loss or damage to the property?</SUBJECT>
                  <P>Statutory time limits vary depending on the mode and the service involved and may involve freight charges. The following tables list the time limits:</P>
                  <GPOTABLE CDEF="s75,r75,r75,r75" COLS="4" OPTS="L4,p9,9/10,i1">
                    <TTITLE>(A) Time Limits on Actions Taken by the Federal Government Against TSPs</TTITLE>
                    <BOXHD>
                      <CHED H="1">Mode</CHED>
                      <CHED H="1">Freight charges</CHED>
                      <CHED H="1">Reparations</CHED>
                      <CHED H="1">Loss and damage</CHED>
                    </BOXHD>
                    <ROW RUL="s">
                      <ENT I="01">(1) Rail</ENT>
                      <ENT>3 years<LI>49 U.S.C. 11705</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C. 11705</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(2) Motor</ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(3) Freight Forwarders subject to the IC Act</ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(4) Water (subject to the IC Act)</ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>3 years<LI>49 U.S.C.</LI>
                        <LI>14705(f)</LI>
                      </ENT>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(5) Water (not subject to the IC Act)</ENT>
                      <ENT>6 years 28 U.S.C. 2415</ENT>
                      <ENT>2 years 46 U.S.C. 821</ENT>
                      <ENT>1 year.<LI>46 U.S.C.</LI>
                        <LI>1303(6) (if subject to Carriage of Goods by Sear Act, 46 U.S.C. 1300-1315).</LI>
                      </ENT>
                    </ROW>
                    <ROW RUL="s">
                      <ENT I="01">(6) Domestic Air</ENT>
                      <ENT>6 years<LI>28 U.S.C. 2415</LI>
                      </ENT>
                      <ENT/>
                      <ENT>6 years.<LI>28 U.S.C. 2415.</LI>
                      </ENT>
                    </ROW>
                    <ROW>
                      <ENT I="01">(7) International Air</ENT>
                      <ENT>6 years<LI>28 U.S.C. 2415</LI>
                      </ENT>
                      <ENT/>
                      <ENT>2 years.<LI>49 U.S.C. 40105. </LI>
                      </ENT>
                    </ROW>
                  </GPOTABLE>
                  <GPOTABLE CDEF="s75,r75,r75,r75" COLS="4" OPTS="L4,p9,9/10,i1">
                    <TTITLE>(B) Time Limits on Actions Taken by the Federal Government Against TSPs Exempt From Regulation</TTITLE>
                    <BOXHD>
                      <CHED H="1">Mode</CHED>
                      <CHED H="1">Freight</CHED>
                      <CHED H="1">Reparations</CHED>
                      <CHED H="1">Loss and damage</CHED>
                    </BOXHD>
                    <ROW>
                      <ENT I="01">(1) All</ENT>
                      <ENT>6 years<LI>28 U.S.C. 2415</LI>
                      </ENT>
                      <ENT/>
                      <ENT>6 years.<LI>28 U.S.C. 2415. </LI>
                      </ENT>
                    </ROW>
                  </GPOTABLE>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="140"/>
                  <SECTNO>§ 102-118.465</SECTNO>
                  <SUBJECT>Must my agency pay interest on a disputed amount claimed by a TSP?</SUBJECT>

                  <P>No, interest penalties under the Prompt Payment Act, (31 U.S.C. 3901, <E T="03">et seq.</E>), are not required when payment is delayed because of a dispute between an agency and a TSP.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.470</SECTNO>
                  <SUBJECT>Are there statutory time limits for a TSP on filing an administrative claim with the GSA Audit Division?</SUBJECT>
                  <P>Yes, an administrative claim must be received by the GSA Audit Division or its designee (the agency where the claim arose) within 3 years beginning the day after the latest of the following dates (except in time of war):</P>
                  <P>(a) Accrual of the cause of action;</P>
                  <P>(b) Payment of charges for the transportation involved;</P>
                  <P>(c) Subsequent refund for overpayment of those charges; or</P>
                  <P>(d) Deductions made to a TSP claim by the Government under 31 U.S.C. 3726.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.475</SECTNO>
                  <SUBJECT>Does interest apply after certification of payment of claims?</SUBJECT>

                  <P>Yes, interest under the Prompt Payment Act (31 U.S.C.3901, <E T="03">et seq.</E>) begins 30 days after certification for payment by GSA.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.480</SECTNO>
                  <SUBJECT>How does my agency settle disputes with a TSP?</SUBJECT>
                  <P>As a part of the prepayment audit program, your agency must have a plan to resolve disputes with a TSP. This program must allow a TSP to appeal payment decisions made by your agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.485</SECTNO>
                  <SUBJECT>Is there a time limit for my agency to issue a decision on disputed claims?</SUBJECT>
                  <P>Yes, your agency must issue a ruling on a disputed claim within 30 days of receipt of the claim.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.490</SECTNO>
                  <SUBJECT>What if my agency fails to settle a dispute within 30 days?</SUBJECT>

                  <P>(a) If your agency fails to settle a dispute within 30 days, the TSP may appeal to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">Code: CC 1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  
                  <P>(b) If the TSP disagrees with the administrative settlement by the Audit Division, the TSP may appeal to the General Services Board of Contract Appeals.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.495</SECTNO>
                  <SUBJECT>May my agency appeal a decision by the General Services Board of Contract Appeals (GSBCA)?</SUBJECT>
                  <P>No, your agency may not appeal a decision made by the GSBCA.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.500</SECTNO>
                  <SUBJECT>How does my agency handle a volunary refund submitted by a TSP?</SUBJECT>

                  <P>(a) An agency must report all voluntary refunds to the GSA Audit Division (so that no Notice of Overcharge or financial offset occurs), unless other arrangements are made(<E T="03">e.g.</E>, charge card refunds, etc.). These reports must be addressed to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">Code: CC</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                  </EXTRACT>
                  
                  <P>(b) Once a Notice of Overcharge is issued by the GSA Audit Division, then any refund is no longer considered voluntary and the agency must forward the refund to the GSAAudit Division.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.505</SECTNO>
                  <SUBJECT>Must my agency send a voluntary refund to the Treasurer of the United States?</SUBJECT>
                  <P>No, your agency may keep and use voluntary refunds submitted by a TSP, if the refund was made prior to a Notice of Overcharge issued by the GSA Audit Division.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.510</SECTNO>
                  <SUBJECT>Can my agency revise or alter a GSA Form 7931, Certificate of Settlement?</SUBJECT>

                  <P>Generally, no, an agency must not revise or alter amounts on a GSA Form 7931. The only change an agency can make to a GSA Form 7931 is to change the agency financial data to a correct cite. Any GSA Form 7931 that cannot be paid (<E T="03">e.g.</E>, an amount previously paid), must be immediately returned to <PRTPAGE P="141"/>the GSA Audit Division with an explanation.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.515</SECTNO>
                  <SUBJECT>Does my agency have any recourse not to pay a Certificate of Settlement?</SUBJECT>
                  <P>No, a Certificate of Settlement is the final administrative action.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.520</SECTNO>
                  <SUBJECT>Who is responsible for determining the standards for collection, compromise, termination, or suspension of collection action on any outstanding debts to my agency?</SUBJECT>

                  <P>Under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711, <E T="03">et seq.</E>), the Comptroller General and the Attorney General have joint responsibility for issuing standards for your agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.525</SECTNO>
                  <SUBJECT>What are my agency's responsibilities for verifying the correct amount of transportation charges?</SUBJECT>
                  <P>Your agency's employees are responsible for diligently verifying the correct amount of transportation charges prior to payment (31 U.S.C. 3527).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.530</SECTNO>
                  <SUBJECT>Will GSA instruct my agency's disbursing offices to offset unpaid TSP billings?</SUBJECT>
                  <P>Yes, GSA will instruct one or more of your agency's disbursing offices to deduct the amount due from an unpaidTSP's bill. A 3-year limitation applies on the deduction of overcharges from amounts due a TSP (31 U.S.C. 3726) and a 10-year limitation applies on the deduction of ordinary debts (31 U.S.C. 3716).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.535</SECTNO>
                  <SUBJECT>Are there principles governing my agency's TSP debt collection procedures?</SUBJECT>

                  <P>Yes, the principles governing your agency collection procedures for reporting debts to the General AccountingOffice (GAO) or the Department of Justice are found in 4 CFR parts 101 through 105 and in the GAO Policy and ProceduresManual for Guidance of Federal Agencies. The manual may be obtained by writing:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">Superintendent of Documents</FP>
                    <FP SOURCE="FP-1">Government Printing Office</FP>
                    <FP SOURCE="FP-1">Washington, DC 20402</FP>
                    <FP SOURCE="FP-1">http://www.access.gpo.gov/</FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.540</SECTNO>
                  <SUBJECT>Who has the authority to audit, settle accounts, and/or start collection action for all transportation services provided for my agency?</SUBJECT>
                  <P>The Director of the GSA Audit Division has the authority and responsibility to audit and settle all transportation related accounts (31 U.S.C. 3726). The reason for this is that he or she has access to Governmentwide data on a TSP's payments and billings with the Government. Your agency has the responsibility to correctly pay individual transportation claims.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transportation Service Provider (TSP) Filing Requirements</HD>
                <SECTION>
                  <SECTNO>§ 102-118.545</SECTNO>
                  <SUBJECT>What information must a TSP claim include?</SUBJECT>
                  <P>Transportation service provider (TSP) claims received by GSA or its designee must include one of the following:</P>
                  <P>(a) The signature of an individual or party legally entitled to receive payment for services on behalf of the TSP;</P>
                  <P>(b) The signature of the TSP's agent or attorney accompanied by a duly executed power of attorney or other documentary evidence of the agent's or attorney's right to act for the TSP; or</P>
                  <P>(c) An electronic signature, when mutually agreed upon.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.550</SECTNO>
                  <SUBJECT>How does a TSP file an administrative claim using EDI or other electronic means?</SUBJECT>
                  <P>The medium and precise format of data for an administrative claim filed electronically must be approved in advance by the GSA Audit Division. GSA will use an authenticating EDI signature to certify receipt of the claim. The data on the claim must contain proof of the delivery of goods, and an itemized bill reflecting the services provided, with the lowest charges available for service. The TSP must be able to locate, identify, and reproduce the records in readable form without loss of clarity.</P>
                </SECTION>
                <SECTION>
                  <PRTPAGE P="142"/>
                  <SECTNO>§ 102-118.555</SECTNO>
                  <SUBJECT>Can a TSP file a supplemental administrative claim?</SUBJECT>
                  <P>Yes, a TSP may file a supplemental administrative claim. Each supplemental claim must cover charges relating to one paid transportation document.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.560</SECTNO>
                  <SUBJECT>What is the required format that a TSP must use to file an administrative claim?</SUBJECT>

                  <P>A TSP must bill for charges claimed on a SF 1113, Public Voucher for Transportation Charges, in the manner prescribed in the “U.S. Government Freight Transportation—Handbook” or the “U.S. Government Passenger Transportation—Handbook.” To get a copy of these handbooks, you may write to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.565</SECTNO>
                  <SUBJECT>What documentation is required when filing an administrative claim?</SUBJECT>
                  <P>An administrative claim must be accompanied by the transportation document, payment record, reports and information available to GSA and/or to the agency involved and the written and documentary records submitted by the TSP. Oral presentations supplementing the written record are not acceptable.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Prepayment Audits</HD>
                <SECTION>
                  <SECTNO>§ 102-118.570</SECTNO>
                  <SUBJECT>If my agency denies the TSP's challenge to the statement of difference, may the TSP appeal?</SUBJECT>
                  <P>Yes, the TSP may appeal if your agency denies its challenge to the statement of difference. However, the appeal must be handled at a higher level in your agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.575</SECTNO>
                  <SUBJECT>If a TSP disagrees with the decision of my agency, can the TSP appeal?</SUBJECT>
                  <P>Yes, the TSP may file a claim with the GSA Audit Division, which will review the TSP's appeal of your agency's final full or partial denial of a claim. The TSP may also appeal to the GSA Audit Division if your agency has not responded to a challenge within 30 days.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.580</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSA Audit Division?</SUBJECT>

                  <P>(a) Yes, the TSP may appeal to the GSA's Board of Contract Appeals (GSBCA), under guidelines established in this subpart, or file a claim with the United States Court of Federal Claims. The TSP's request for review must be received by the GSBCA in writing within 6 months (not including time of war) from the date the settlement action was taken or within the periods of limitation specified in 31 U.S.C. 3726, as amended, whichever is later. The TSP must address requests to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">GSA Board of Contract Appeals</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Room 7022</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405 </FP>
                  </EXTRACT>
                  
                  <P>(b) The GSBCA will accept legible submissions via facsimile (FAX) on (202) 501-0664.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.585</SECTNO>
                  <SUBJECT>May a TSP appeal a prepayment audit decision of the GSBCA?</SUBJECT>
                  <P>No, a ruling by the GSBCA is the final administrative remedy available and the TSP has no statutory right of appeal. This subpart governs administrative actions only and does not affect any of the TSP's rights. A TSP may still pursue a legal remedy through the courts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.590</SECTNO>
                  <SUBJECT>May my agency appeal a prepayment audit decision of the GSA Audit Division?</SUBJECT>
                  <P>No, your agency may not appeal. A GSA Audit Division decision is administratively final for your agency.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.595</SECTNO>
                  <SUBJECT>May my agency appeal a prepayment audit decision by the GSBCA?</SUBJECT>
                  <P>No, your agency may not appeal a prepayment audit decision. Your agency must follow the ruling of the GSBCA.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <PRTPAGE P="143"/>
                <HD SOURCE="HED">Transportation Service Provider (TSP) and Agency Appeal Procedures for Postpayment Audits</HD>
                <SECTION>
                  <SECTNO>§ 102-118.600</SECTNO>
                  <SUBJECT>When a TSP disagrees with a Notice of Overcharge resulting from a postpayment audit, what are the appeal procedures?</SUBJECT>

                  <P>A TSP who disagrees with the Notice of Overcharge may submit a written request for reconsideration to the GSAAudit Division at:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav</FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.605</SECTNO>
                  <SUBJECT>What if a TSP disagrees with the Notice of Indebtedness?</SUBJECT>
                  <P>If a TSP disagrees with an ordinary debt, as shown on a Notice of Indebtedness, it may:</P>
                  <P>(a) Inspect and copy the agency's records related to the claim;</P>
                  <P>(b) Seek administrative review by the GSA Audit Division of the claim decision; and/or</P>
                  <P>(c) Enter a written agreement for the payment of the claims.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.610</SECTNO>
                  <SUBJECT>Is a TSP notified when GSA allows a claim?</SUBJECT>
                  <P>Yes, the GSA Audit Division will acknowledge each payable claim using GSA Form 7931, Certificate of Settlement. The certificate will give a complete explanation of any amount that is disallowed. GSA will forward the certificate to the agency whose funds are to be charged for processing and payment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.615</SECTNO>
                  <SUBJECT>Will GSA notify a TSP if they internally offset a payment?</SUBJECT>
                  <P>Yes, the GSA Audit Division will inform the TSP if they internally offset a payment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.620</SECTNO>
                  <SUBJECT>How will a TSP know if the GSA Audit Division disallows a claim?</SUBJECT>
                  <P>The GSA Audit Division will furnish a GSA Form 7932, Settlement Certificate, to the TSP explaining the disallowance.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.625</SECTNO>
                  <SUBJECT>Can a TSP request a reconsideration of a settlement action by the GSA Audit Division?</SUBJECT>
                  <P>Yes, a TSP desiring a reconsideration of a settlement action may request a review by the Administrator of GeneralServices.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.630</SECTNO>
                  <SUBJECT>How must a TSP refund amounts due to GSA?</SUBJECT>

                  <P>(a) TSPs must promptly refund amounts due to GSA, preferably by EFT. If an EFT is not used, checks must be made payable to “General Services Administration”, including the document reference number, TSP name, bill number(s), taxpayer identification number and standard carrier alpha code, then mailed to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">P.O. Box 93746</FP>
                    <FP SOURCE="FP-1">Chicago, IL 60673 </FP>
                  </EXTRACT>
                  

                  <P>(b) If an EFT address is needed, please contact the GSA Audit Division at:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                  
                  <NOTE>
                    <HD SOURCE="HED">Note to § 102-118.630:</HD>
                    <P>Amounts collected by GSA are returned to the Treasurer of the United States (31 U.S.C. 3726).</P>
                  </NOTE>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.635</SECTNO>
                  <SUBJECT>Can the Government charge interest on an amount due from a TSP?</SUBJECT>
                  <P>Yes, the Government can charge interest on an amount due from a TSP. This procedure is provided for under the Debt Collection Act (31 U.S.C. 3717), the Federal Claims Collection Standards (4 CFR parts 101 through 105), and 41CFR part 105-55.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.640</SECTNO>
                  <SUBJECT>If a TSP fails to pay or to appeal an overcharge, what actions will GSA pursue to collect the debt?</SUBJECT>
                  <P>GSA will pursue debt collection through one of the following methods:</P>

                  <P>(a) When an indebted TSP files a claim, GSA will apply all or any portion of the amount it determines to be due the TSP, to the outstanding balance owed by the TSP, under the Federal Claims Collection Standards (4 CFR parts 101 through 105) and 41 CFR part 105-55;<PRTPAGE P="144"/>
                  </P>
                  <P>(b) When the action outlined in paragraph (a) of this section cannot be taken by GSA, GSA will instruct one or more Government disbursing offices to deduct the amount due to the agency from an unpaid TSP's bill. A 3-year limitation applies on the deduction of overcharges from amounts due a TSP (31 U.S.C. 3726) and a 10-year limitation applies on the deduction of ordinary debt (31 U.S.C. 3716);</P>
                  <P>(c) When collection cannot be accomplished through either of the procedures in paragraph (a) or (b) of this section, GSA normally sends two additional demand letters to the indebted TSP requesting payment of the amount due within a specified time. Lacking a satisfactory response, GSA may place a complete stop order against amounts otherwise payable to the indebted TSP by adding the name of that TSP to the Department of the Army “List of Contractors Indebted to the United States”; and/or</P>
                  <P>(d) When collection actions, as stated in paragraphs (a) through (c) of this section are unsuccessful, GSA may report the debt to the Department of Justice for collection, litigation, and related proceedings, as prescribed in 4 CFR parts 101 through 105.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.645</SECTNO>
                  <SUBJECT>Can a TSP file an administrative claim on collection actions?</SUBJECT>

                  <P>Yes, a TSP may file an administrative claim involving collection actions resulting from the transportation audit performed by the GSA directly with the GSA Audit Division. Any claims submitted to GSA will be considered “disputed claims” under section 4(b) of the Prompt Payment Act (31 U.S.C. 3901, <E T="03">et seq.</E>). The TSP must file all other transportation claims with the agency out of whose activities they arose. If this is not feasible (e.g., where the responsible agency cannot be determined or is no longer in existence) claims may be sent to the GSA Audit Division for forwarding to the responsible agency or for direct settlement by the GSA Audit Division. Claims for GSA processing must be addressed to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">General Services Administration</FP>
                    <FP SOURCE="FP-1">Federal Supply Service</FP>
                    <FP SOURCE="FP-1">Audit Division (FBA)</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                    <FP SOURCE="FP-1">http://pub.fss.gsa.gov/transtrav </FP>
                  </EXTRACT>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.650</SECTNO>
                  <SUBJECT>Can a TSP request a review of a settlement action by the Administrator of General Services?</SUBJECT>
                  <P>Yes, a TSP desiring a review of a settlement action taken by the Administrator of General Services may request a review by the GSA Board of Contract Appeals (GSBCA) or file a claim with the United States Court of Federal Claims (28U.S.C. 1491).</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.655</SECTNO>
                  <SUBJECT>Are there time limits on a TSP request for an administrative review by the GSBCA?</SUBJECT>

                  <P>(a) Yes, the GSBCA must receive a request for review from the TSP within six months (not including time of war) from the date the settlement action was taken or within the periods of limitation specified in 31 U.S.C. 3726, as amended, whichever is later. The request must be addressed to:
                  </P>
                  <EXTRACT>
                    <FP SOURCE="FP-1">GSA Board of Contract Appeals</FP>
                    <FP SOURCE="FP-1">1800 F Street, NW.</FP>
                    <FP SOURCE="FP-1">Room 7022</FP>
                    <FP SOURCE="FP-1">Washington, DC 20405</FP>
                  </EXTRACT>
                  
                  <P>(b) The GSBCA will accept legible submissions via facsimile (FAX) on (202) 501-0664.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.660</SECTNO>
                  <SUBJECT>May a TSP appeal a postpayment audit decision of the GSBCA?</SUBJECT>
                  <P>No, a ruling by the GSBCA is the final administrative remedy and the TSP has no statutory right of appeal. This subpart governs administrative actions only and does not affect any rights of the TSPs. A TSP may still pursue a legal remedy through the courts.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.665</SECTNO>
                  <SUBJECT>May my agency appeal a postpayment audit decision by the GSBCA?</SUBJECT>
                  <P>No, your agency may not appeal a postpayment audit decision and must follow the ruling of the GSBCA.</P>
                </SECTION>
              </SUBJGRP>
              <SUBJGRP>
                <HD SOURCE="HED">Transportation Service Provider (TSP) Non-Payment of a Claim</HD>
                <SECTION>
                  <SECTNO>§ 102-118.670</SECTNO>
                  <SUBJECT>If a TSP cannot immediately pay a debt, can they make other arrangements for payment?</SUBJECT>

                  <P>Yes, if a TSP is unable to pay the debt promptly, the Director of the GSA <PRTPAGE P="145"/>Audit Division has the discretion to enter into alternative arrangements for payment.</P>
                </SECTION>
                <SECTION>
                  <SECTNO>§ 102-118.675</SECTNO>
                  <SUBJECT>What recourse does my agency have if a TSP does not pay a transportation debt?</SUBJECT>
                  <P>If a TSP does not pay a transportation debt, GSA may refer delinquent debts to consumer reporting agencies and Federal agencies including the Department of the Treasury and Department of Justice.</P>
                </SECTION>
              </SUBJGRP>
            </SUBPART>
          </PART>
          <PART>
            <RESERVED>PARTS 102-119—102-140 [RESERVED]</RESERVED>
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="P">
          <PRTPAGE P="146"/>
          <HD SOURCE="HED">SUBCHAPTER E—TRAVEL MANAGEMENT</HD>
          <PART>
            <WHED>PART 102-141—GENERAL [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PARTS 102-142—102-170 [RESERVED]</WHED>
            
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <HD SOURCE="HED">SUBCHAPTER F—TELECOMMUNICATIONS</HD>
          <PART>
            <WHED>PART 102-171—GENERAL [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-172—TELECOMMUNICATIONS MANAGEMENT POLICY [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PARTS 102-173—102-190 [RESERVED]</WHED>
            
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <HD SOURCE="HED">SUBCHAPTER G—ADMINISTRATIVE PROGRAMS</HD>
          <PART>
            <WHED>PART 102-191—GENERAL [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-192—MAIL MANAGEMENT [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-193—RECORDS MANAGEMENT [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-194—STANDARD AND OPTIONAL FORMS PROGRAM [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-195—INTERAGENCY REPORTS MANAGEMENT PROGRAM [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PART 102-196—FEDERAL FACILITY RIDESHARING [RESERVED]</WHED>
          </PART>
          <PART>
            <WHED>PARTS 102-197—102-220 [RESERVED]</WHED>
            
          </PART>
        </SUBCHAP>
        <SUBCHAP TYPE="R">
          <RESERVED>SUBCHAPTERS H-Z [RESERVED]</RESERVED>
        </SUBCHAP>
      </CHAPTER>
      <CHAPTER>
        <LRH>41 CFR Ch. 105 (7-1-01 Edition)</LRH>
        <RRH>General Services Administration</RRH>
        <PRTPAGE P="147"/>
        <HD SOURCE="HED">CHAPTERS 103-104 [RESERVED]</HD>
        <TOC>
          <TOCHD>
            <PRTPAGE P="149"/>
            <HD SOURCE="HED">CHAPTER 105—GENERAL SERVICES ADMINISTRATION </HD>
          </TOCHD>
          <PTHD>Part</PTHD>
          <PGHD>Page</PGHD>
          <CHAPTI>
            <PT>105-1</PT>
            <SUBJECT>Introduction</SUBJECT>
            <PG>151</PG>
            <PT>105-8</PT>
            <SUBJECT>Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by General Services Administration</SUBJECT>
            <PG>153</PG>
            <PT>105-50</PT>
            <SUBJECT>Provision of special or technical services to State and local units of government</SUBJECT>
            <PG>164</PG>
            <PT>105-51</PT>
            <SUBJECT>Uniform relocation assistance and real property acquisition for Federal and federally assisted programs</SUBJECT>
            <PG>169</PG>
            <PT>105-53</PT>
            <SUBJECT>Statement of organization and functions</SUBJECT>
            <PG>169</PG>
            <PT>105-54</PT>
            <SUBJECT>Advisory committee management</SUBJECT>
            <PG>176</PG>
            <PT>105-55</PT>
            <SUBJECT>Collection of claims owed the United States</SUBJECT>
            <PG>187</PG>
            <PT>105-56</PT>
            <SUBJECT>Salary offset for indebtedness of General Services Adminstration employees to the United States</SUBJECT>
            <PG>191</PG>
            <PT>105-57</PT>
            <SUBJECT>Collection of debts by tax refund offset</SUBJECT>
            <PG>196</PG>
            <PT>105-60</PT>
            <SUBJECT>Public availability of agency records and informational materials</SUBJECT>
            <PG>197</PG>
            <PT>105-62</PT>
            <SUBJECT>Document security and declassification</SUBJECT>
            <PG>214</PG>
            <PT>105-64</PT>
            <SUBJECT>Regulations implementing the Privacy Act of 1974</SUBJECT>
            <PG>219</PG>
            <PT>105-67</PT>
            <SUBJECT>Sale of personal property</SUBJECT>
            <PG>228</PG>
            <PT>105-68</PT>
            <SUBJECT>Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free workplace (grants)</SUBJECT>
            <PG>229</PG>
            <PT>105-69</PT>
            <SUBJECT>New restrictions on lobbying</SUBJECT>
            <PG>248</PG>
            <PT>105-70</PT>
            <SUBJECT>Implementation of the Program Fraud Civil Remedies Act of 1986</SUBJECT>
            <PG>259</PG>
            <PT>105-71</PT>
            <SUBJECT>Uniform administrative requirements for grants and cooperative agreements with State and local governments</SUBJECT>
            <PG>274</PG>
            <PT>105-72</PT>
            <SUBJECT>Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals, and other non-profit organizations</SUBJECT>
            <PG>301</PG>
            <PT>105-735</PT>
            <SUBJECT>Standards of conduct</SUBJECT>
            <PG>328</PG>
          </CHAPTI>
        </TOC>
        <LRH>41 CFR Ch. 105 (7-1-01 Edition)</LRH>
        <RRH>Federal Management Regulation</RRH>
        <PART>
          <PRTPAGE P="151"/>
          <EAR>Pt. 105-1</EAR>
          <HD SOURCE="HED">PART 105-1—INTRODUCTION</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-1.000-50</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-1.1—Regulations System</HD>
              <SECTNO>105-1.100</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-1.101</SECTNO>
              <SUBJECT>General Services Administration Property Management Regulations.</SUBJECT>
              <SECTNO>105-1.101-50</SECTNO>
              <SUBJECT>Exclusions.</SUBJECT>
              <SECTNO>105-1.102</SECTNO>
              <SUBJECT>Relationship of GSPMR to FPMR.</SUBJECT>
              <SECTNO>105-1.104</SECTNO>
              <SUBJECT>Publication of GSPMR.</SUBJECT>
              <SECTNO>105-1.106</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <SECTNO>105-1.109</SECTNO>
              <SUBJECT>Numbering.</SUBJECT>
              <SECTNO>105-1.109-50</SECTNO>
              <SUBJECT>General plan.</SUBJECT>
              <SECTNO>105-1.109-51</SECTNO>
              <SUBJECT>Arrangement.</SUBJECT>
              <SECTNO>105-1.109-52</SECTNO>
              <SUBJECT>Cross-references.</SUBJECT>
              <SECTNO>105-1.110</SECTNO>
              <SUBJECT>Deviation.</SUBJECT>
              <SECTNO>105-1.150</SECTNO>
              <SUBJECT>Citation.</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>39 FR 25231, July 9, 1974, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-1.000-50</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>This part describes the method by which the General Services Administration (GSA) implements and supplements the Federal Property Management Regulations (FPMR) and implements certain regulations prescribed by other agencies. It contains procedures that implement and supplement part 101-1 of the FPMR.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-1.1—Regulations System</HD>
            <SECTION>
              <SECTNO>§ 105-1.100</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart establishes the General Services Administration Property Management Regulations (GSPMR) and provides certain introductory material.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.101</SECTNO>
              <SUBJECT>General Services Administration Property Management Regulations.</SUBJECT>
              <P>The General Services Administration Property Management Regulations (GSPMR) include the GSA property management policies and procedures which, together with the Federal Property Management Regulations, certain regulations prescribed by other agencies, and various GSA orders govern the management of property and records and certain related activities of GSA. They may contain policies and procedures of interest to other agencies and the general public and are prescribed by the Administrator of General Services in this chapter 105.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.101-50</SECTNO>
              <SUBJECT>Exclusions.</SUBJECT>
              <P>(a) Certain GSA property management and related policies and procedures which come within the scope of this chapter 105 nevertheless may be excluded therefrom when there is justification. These exclusions may include the following categories:</P>
              <P>(1) Subject matter that bears a security classification;</P>
              <P>(2) Policies and procedures that are expected to be effective for a period of less than 6 months;</P>
              <P>(3) Policies and procedures that are effective on an experimental basis for a reasonable period;</P>
              <P>(4) Policies and procedures pertaining to other functions of GSA as well as property management functions and there is need to make the issuance available simultaneously to all GSA employees involved; and</P>
              <P>(5) Where speed of issuance is essential, numerous changes are required in chapter 105, and all necessary changes cannot be made promptly.</P>
              <P>(b) Property management policies and procedures issued in other than the FPMR system format under paragraphs (a)(4) and (5) of this section, shall be codified into chapter 105 at the earliest practicable date, but in any event not later than 6 months from date of issuance.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.102</SECTNO>
              <SUBJECT>Relationship of GSPMR to FPMR.</SUBJECT>
              <P>(a) GSPMR implement and supplement the FPMR and implement certain other regulations. They are part of the General Services Administration Regulations System. Material published in the FPMR (which has Governmentwide applicability) becomes effective throughout GSA upon the effective date of the particular FPMR material. In general, the FPMR that are implemented and supplemented shall not be repeated, paraphrased, or otherwise restated in chapter 105.</P>

              <P>(b) Implementing is the process of expanding upon the FPMR or other Government-wide regulations. <PRTPAGE P="152"/>Supplementing is the process of prescribing material for which there is no counterpart in the Government-wide regulations.</P>
              <P>(c) GSPMR may deviate from the regulations that are implemented when a deviation (see § 105-1.110) is authorized in and explicitly referenced to such regulations. Where chapter 105 contains no material implementing the FPMR, the FPMR shall govern.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.104</SECTNO>
              <SUBJECT>Publication of GSPMR.</SUBJECT>
              <P>(a) Most GSPMR are published in the <E T="04">Federal Register</E>. This practice helps to ensure that interested business concerns, other agencies, and the public are apprised of GSA policies and procedures pertaining to property and records management and certain related activities.</P>

              <P>(b) Most GSPMR are published in cumulative form in chapter 105 of title 41 of the Code of Federal Regulations. The <E T="04">Federal Register</E> and title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.106</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <P>Chapter 105 applies to the management of property and records and to certain other programs and activities of GSA. Unless otherwise specified, chapter 105 applies to activities outside as well as within the United States.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109</SECTNO>
              <SUBJECT>Numbering.</SUBJECT>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109-50</SECTNO>
              <SUBJECT>General plan.</SUBJECT>
              <P>Chapter 105 is divided into parts, subparts, and further subdivisions as necessary.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109-51</SECTNO>
              <SUBJECT>Arrangement.</SUBJECT>
              <P>(a) Parts 105-2 through 105-49 are used for GSPMR that implement regulations in the corresponding parts of chapter 101. This practice results in comparable grouping by subject area without establishment of subchapters.</P>
              <P>(b) Parts 105-50 and above are used for GSPMR that supplement regulations in the FPMR and implement regulations of other agencies. Part numbers are assigned so as to accomplish a similar subject area grouping. Regulations on advisory committee management are recodified as part 105-54 to place them in the appropriate subject area category. Regulations on standards of conduct remain in part 105-735 because the number 735 identifies regulations of the U.S. Civil Service Commission and various civil agencies on this subject.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.109-52</SECTNO>
              <SUBJECT>Cross-references.</SUBJECT>
              <P>(a) Within chapter 105, cross-references to the FPMR shall be made in the same manner as used within the FPMR. Illustrations of cross-references to the FPMR are:</P>
              <P>(1) Part 101-3;</P>
              <P>(2) Subpart 101-3.1;</P>
              <P>(3) § 101-3.413-5.</P>
              <P>(b) Within chapter 105, cross-references to parts, subparts, sections, and subsections of chapter 105 shall be made in a manner generally similar to that used in making cross-references to the FPMR. For example, this paragraph would be referenced as § 105-1.109-52(b).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.110</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 and approved by the Administrator of General Services or his authorized designee. Deviations may be authorized by the Administrator of General Services or his authorized designee when so doing will be in the best interest of the Government. Request for deviations shall clearly state the nature of the deviation and the reasons for such special action.</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.<PRTPAGE P="153"/>
              </P>
              <P>(2) For class deviations, requests shall be sent to only the Administrator of General Services.</P>
              <CITA>[55 FR 1673, Jan. 18, 1990]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-1.150</SECTNO>
              <SUBJECT>Citation.</SUBJECT>
              <P>(a) In formal documents, such as legal briefs, citations of chapter 105 material shall include a citation to title 41 of the Code of Federal Regulations or other titles as appropriate; e.g., 41 CFR 105-1.150.</P>
              <P>(b) Any section of chapter 105, for purpose of brevity, may be informally identified as “GSPMR” followed by the section number. For example, this paragraph would be identified as “GSPMR 105-1.150(b).”</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-8</EAR>
          <HD SOURCE="HED">PART 105-8—ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY GENERAL SERVICES ADMINISTRATION</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-8.101</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SECTNO>105-8.102</SECTNO>
            <SUBJECT>Application.</SUBJECT>
            <SECTNO>105-8.103</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SECTNO>105-8.104—105-8.109</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.110</SECTNO>
            <SUBJECT>Self-evaluation.</SUBJECT>
            <SECTNO>105-8.111</SECTNO>
            <SUBJECT>Notice.</SUBJECT>
            <SECTNO>105-8.112—105-8.129</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.130</SECTNO>
            <SUBJECT>General prohibitions against discrimination.</SUBJECT>
            <SECTNO>105-8.131—105-8.139</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.140</SECTNO>
            <SUBJECT>Employment.</SUBJECT>
            <SECTNO>105-8.141—105-8.147</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.148</SECTNO>
            <SUBJECT>Consultation with the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <SECTNO>105-8.149</SECTNO>
            <SUBJECT>Program accessibility: Discrimination prohibited.</SUBJECT>
            <SECTNO>105-8.150</SECTNO>
            <SUBJECT>Program accessibility: Existing facilities.</SUBJECT>
            <SECTNO>105-8.150-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <SECTNO>105-8.150-2</SECTNO>
            <SUBJECT>Methods.</SUBJECT>
            <SECTNO>105-8.150-3</SECTNO>
            <SUBJECT>Time period for compliance.</SUBJECT>
            <SECTNO>105-8.150-4</SECTNO>
            <SUBJECT>Transition plan.</SUBJECT>
            <SECTNO>105-8.151</SECTNO>
            <SUBJECT>rogram accessibility: New construction and alterations.</SUBJECT>
            <SECTNO>105-8.152</SECTNO>
            <SUBJECT>Program accessibility: Assignment of space.</SUBJECT>
            <SECTNO>105-8.153</SECTNO>
            <SUBJECT>Program accessibility: Interagency cooperation.</SUBJECT>
            <SECTNO>105-8.153-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <SECTNO>105-8.153-2</SECTNO>
            <SUBJECT>Requests from occupant agencies.</SUBJECT>
            <SECTNO>105-8.154</SECTNO>
            <SUBJECT>Program accessibility: Exceptions.</SUBJECT>
            <SECTNO>105-8.155—105-8.159</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.160</SECTNO>
            <SUBJECT>Communications.</SUBJECT>
            <SECTNO>105-8.161—105-8.169</SECTNO>
            <SUBJECT>[Reserved]</SUBJECT>
            <SECTNO>105-8.170</SECTNO>
            <SUBJECT>Compliance procedures.</SUBJECT>
            <SECTNO>105-8.170-1</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>
            <SECTNO>105-8.170-2</SECTNO>
            <SUBJECT>Employment complaints.</SUBJECT>
            <SECTNO>105-8.170-3</SECTNO>
            <SUBJECT>Responsible Official.</SUBJECT>
            <SECTNO>105-8.170-4</SECTNO>
            <SUBJECT>Filing a complaint.</SUBJECT>
            <SECTNO>105-8.170-5</SECTNO>
            <SUBJECT>Notification to the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <SECTNO>105-8.170-6</SECTNO>
            <SUBJECT>Acceptance of complaint.</SUBJECT>
            <SECTNO>105-8.170-7</SECTNO>
            <SUBJECT>Investigation/conciliation.</SUBJECT>
            <SECTNO>105-8.170-8</SECTNO>
            <SUBJECT>Letter of findings.</SUBJECT>
            <SECTNO>105-8.170-9</SECTNO>
            <SUBJECT>Filing an appeal.</SUBJECT>
            <SECTNO>105-8.170-10</SECTNO>
            <SUBJECT>Acceptance of appeals.</SUBJECT>
            <SECTNO>105-8.170-11</SECTNO>
            <SUBJECT>Hearing.</SUBJECT>
            <SECTNO>105-8.170-12</SECTNO>
            <SUBJECT>Decision.</SUBJECT>
            <SECTNO>105-8.170-13</SECTNO>
            <SUBJECT>Delegation.</SUBJECT>
            <SECTNO>105-8.171</SECTNO>
            <SUBJECT>Complaints against an occupant agency.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>29 U.S.C. 794.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>56 FR 9871, Mar. 8, 1991, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-8.101</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>The purpose of this part is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.102</SECTNO>
            <SUBJECT>Application.</SUBJECT>
            <P>This part applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.103</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <P>For purposes of this part, the term—</P>
            <P>
              <E T="03">Agency</E> means the General Services Administration (GSA), except when the context indicates otherwise.</P>
            <P>
              <E T="03">Assistant Attorney General</E> means the Assistant Attorney General, Civil Rights Division, United States Department of Justice.</P>
            <P>
              <E T="03">Auxiliary aids</E> means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in and enjoy the benefits of programs or activities conducted by GSA. For example, auxiliary aids useful for persons with impaired vision include readers, Brailed materials, audio <PRTPAGE P="154"/>recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset amplifiers, telephones compatible with hearing aids, telecommunication devices for deaf persons (TDD's), interpreters, notetakers, written materials, and other similar services and devices.</P>
            <P>
              <E T="03">Complete complaint</E> means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination.</P>
            <P>
              <E T="03">Facility</E> means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property.</P>
            <P>
              <E T="03">Historic preservation program</E> means programs conducted by the agency that have preservation of historic properties as a primary purpose.</P>
            <P>
              <E T="03">Historic properties</E> means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body.</P>
            <P>
              <E T="03">Individual with handicaps</E> means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. As used in this definition, the phrase:</P>
            <P>(1) <E T="03">Physical or mental impairment</E> includes—</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.</P>
            <P>(2) <E T="03">Major life activities</E> includes 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 is treated by the agency 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 paragraph (a) of this definition but is treated by the agency as having such an impairment.</P>
            <P>
              <E T="03">Official or Responsible Official</E> means the Director of the Civil Rights Division of the General Services Administration or his or her designee.</P>
            <P>
              <E T="03">Qualified individual with handicaps</E> means—</P>
            <P>(1) With respect to any agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, an individual with handicaps who meets the essential eligibility requirements and who can achieve the purpose of the program or activity without modifications in the program or activity that the agency can demonstrate would result in a fundamental alteration in its nature;</P>

            <P>(2) With respect to any other program or activity, an individual with handicaps who meets the essential eligibility requirements for participation <PRTPAGE P="155"/>in, or receipt of benefits from, that program or activity; and</P>
            <P>(3) <E T="03">Qualified handicapped person</E> as that term is defined for purposes of employment in 29 CFR 1613.702(f), which is made applicable to this part by § 105-8.140.</P>
            <P>
              <E T="03">Respondent</E> means the organizational unit in which a complainant alleges that discrimination occurred.</P>
            <P>
              <E T="03">Section 504</E> means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617); the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810); the Civil Rights Restoration Act of 1987 (Pub. L. 100-259, 102 Stat. 28); and Handicapped Program Technical Amendments Act of 1988 (Pub. L. 100-630, 102 Stat. 3312). As used in this part, section 504 applies only to programs or activities conducted by the agency and not to federally assisted programs.</P>
            <P>
              <E T="03">Substantial impairment</E> means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration of historic properties.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.104—105-8.109</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.110</SECTNO>
            <SUBJECT>Self-evaluation.</SUBJECT>
            <P>(a) The agency shall, by March 9, 1992, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.</P>
            <P>(b) The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the self-evaluation process by submitting comments (both oral and written).</P>
            <P>(c) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:</P>
            <P>(1) A list of interested persons consulted;</P>
            <P>(2) A description of the areas examined and any problems identified and;</P>
            <P>(3) A description of any modifications made or to be made.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.111</SECTNO>
            <SUBJECT>Notice.</SUBJECT>
            <P>The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the Administrator finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this part.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.112—105-8.129</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.130</SECTNO>
            <SUBJECT>General prohibitions against discrimination.</SUBJECT>
            <P>(a) No qualified individual with handicaps 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 conducted by the agency.</P>
            <P>(1) The agency, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of handicap—</P>
            <P>(i) Deny a qualified individual with handicaps the opportunity to participate in or benefit from the aid, benefit, or service;</P>
            <P>(ii) Afford a qualified individual with handicaps an opportunity to participate in or benefit from aid, benefit, or service that is not equal to that afforded others;</P>
            <P>(iii) Provide a qualified individual with handicaps 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 to others;</P>

            <P>(iv) Provide different or separate aid, benefits, or services to individuals with handicaps or to any class of individuals with handicaps than is provided to others unless such action is necessary to <PRTPAGE P="156"/>provide qualified individuals with handicaps with aid, benefits, or services that are as effective as those provided to others;</P>
            <P>(v) Deny a qualified individual with handicaps the opportunity to participate as a member of planning or advisory boards; or</P>
            <P>(vi) Otherwise limit a qualified individual with handicaps in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.</P>
            <P>(2) The agency may not deny a qualified individual with handicaps the opportunity to participate in programs or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.</P>
            <P>(3) The agency may not, directly or through contractual or other arrangements, utilize criteria or methods of administration the purpose or effect of which would—</P>
            <P>(i) Subject qualified individuals with handicaps to discrimination on the basis of handicap; or</P>
            <P>(ii) Defeat or substantially impair accomplishment of the objectives of a program or activity with respect to individuals with handicaps.</P>
            <P>(4) The agency may not, in determining the site or location of a facility, make selections the purpose or effect of which would—</P>
            <P>(i) Exclude individuals with handicaps from, deny them the benefits of, or otherwise subject them to discrimination under any program or activity conducted by the agency; or</P>
            <P>(ii) Defeat or substantially impair the accomplishment of the objectives of a program or activity with respect to individuals with handicaps.</P>
            <P>(5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified individuals with handicaps to discrimination on the basis of handicap.</P>
            <P>(6) The agency may not administer a licensing or certification program in a manner that subjects qualified individuals with handicaps to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activities of licenses or certified entities that subject qualified individuals with handicaps to discrimination on the basis of handicap. However, the programs or activities of entities that are licensed or certified by the agency are not, themselves, covered by part.</P>
            <P>(b) The exclusion of persons without handicaps from the benefits of a program limited by Federal statute or Executive order to individuals with handicaps or the exclusion of a specific class of individuals with handicaps from a program limited by Federal statute or Executive order to a different class of individuals with handicaps is not prohibited by this part.</P>
            <P>(c) The agency shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with handicaps.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.131—105-8.139</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.140</SECTNO>
            <SUBJECT>Employment.</SUBJECT>
            <P>No qualified individual with handicaps shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.141—105-8.147</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.148</SECTNO>
            <SUBJECT>Consultation with the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <P>GSA shall consult with the Architectural and Transportation Barriers Compliance Board (ATBCB) in carrying out its responsibilities under this part concerning architectural barriers in facilities that are subject to GSA control. GSA shall also consult with the ATBCB in providing technical assistance to other Federal agencies with respect to overcoming architectural barriers in facilities. The agency's Public Buildings Service shall implement this section.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.149</SECTNO>
            <SUBJECT>Program accessibility: Discrimination prohibited.</SUBJECT>

            <P>Except as otherwise provided in §§ 105-8.150 and 105-8.154, no qualified individual with handicaps shall, because <PRTPAGE P="157"/>the agency's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted by the agency.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150</SECTNO>
            <SUBJECT>Program accessibility: Existing facilities.</SUBJECT>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <P>The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. This section does not—</P>
            <P>(a) Necessarily require the agency to make each of its existing facilities accessible to and usable by individuals with handicaps; or</P>
            <P>(b) In the case of historic preservation programs, require the agency to take any action that would result in a substantial impairment of significant historic features of an historic property.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-2</SECTNO>
            <SUBJECT>Methods.</SUBJECT>
            <P>(a) <E T="03">General</E>. The agency may comply with the requirements of § 105-8.150 through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facilities and construction of new facilities, use of accessible rolling stock, or any other methods that result in making its programs or activities readily accessible to and usable by individuals with handicaps. The agency is not required to make structural changes in existing facilities where other methods are effective in achieving compliance with this section. The agency, in making alterations to existing buildings, shall meet accessibility requirements to the extent compelled by the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any regulations implementing it. In choosing among available methods for meeting the requirements of this section, the agency shall give priority to those methods that offer programs and activities to qualified individuals with handicaps in the most integrated setting appropriate.</P>
            <P>(b) <E T="03">Historic preservation programs</E>. In meeting the requirements of § 105-8.105-1 in historic preservation programs, the agency shall give priority to methods that provide physical access to individuals with handicaps. In cases where a physical alteration to a historic property is not required because of §§ 105-8.105-1(b) or 105-8.154 alternative methods of achieving program accessibility include—</P>
            <P>(1) Using audio-visual materials and devices to depict those portions of a historic property that cannot otherwise be made accessible;</P>
            <P>(2) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or</P>
            <P>(3) Adopting other innovative methods.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-3</SECTNO>
            <SUBJECT>Time period for compliance.</SUBJECT>
            <P>The agency shall comply with the obligations established under § 105-8.150 by May 7, 1991; except where structural changes in facilities are undertaken, such changes shall be made by March 8, 1994, but in any event as expeditiously as possible.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.150-4</SECTNO>
            <SUBJECT>Transition plan.</SUBJECT>
            <P>In the event that structural changes to facilities will be undertaken to achieve program accessibility, the agency shall develop, by March 9, 1992; the transition plan setting forth the steps necessary to complete such changes. The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the development of the transition plan by submitting comments (both oral and written). A copy of the transition plan shall be made available for public inspection. The plan shall, at a minimum—</P>

            <P>(a) Identify physical obstacles in the facilities occupied by GSA that limit the accessibility of its programs or activities to individuals with handicaps;<PRTPAGE P="158"/>
            </P>
            <P>(b) Describe in detail the methods that will be used to make the facilities accessible;</P>
            <P>(c) Specify the schedule for taking the steps necessary to achieve compliance with § 105-8.150 and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and</P>
            <P>(d) Indicate the official responsible for implementation of the plan.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.151</SECTNO>
            <SUBJECT>Program accessibility: New construction and alterations.</SUBJECT>
            <P>Each building or part of a building that is constructed or altered by, on behalf of, of for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by individuals with handicaps. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105.8.152</SECTNO>
            <SUBJECT>Program accessibility: Assignment of space.</SUBJECT>
            <P>(a) When GSA assigns or reassigns space to an agency, it shall consult with the agency to ensure that the assignment or reassignment will not result in one or more of the agency's programs or activities being inaccessible to individuals with handicaps.</P>
            <P>(b) Prior to the assignment or reassignment of space to an agency, GSA shall inform the agency of the accessibility, and/or the absence of accessibility features, of the space in which GSA intends to locate the agency. If the agency informs GSA that the use of the space will result in one or more of the agency's programs being inaccessible, GSA shall take one or more of the following actions to make the programs accessible:</P>
            <P>(1) Arrange for alterations, improvements, and repairs to buildings and facilities;</P>
            <P>(2) Locate and provide alternative space that will not result in one or more of the agency's programs being inaccessible; or</P>
            <P>(3) Take any other actions that result in making this agency's programs accessible.</P>
            <FP>The responsibility for payment to make the physical changes in the space shall be assigned on a case-by-case basis as agreed to by GSA and the user agency, dependent on individual circumstances.</FP>
            <P>(c) GSA may not require the agency to accept space that results in one or more of the agency's programs being inaccessible.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.153</SECTNO>
            <SUBJECT>Program accessibility: Interagency cooperation.</SUBJECT>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.153-1</SECTNO>
            <SUBJECT>General.</SUBJECT>
            <P>GSA, upon request from an occupant agency engaged in the development of a transition plan under section 504, shall participate with the occupant agency in the development and implementation of the transition plan and shall provide information and guidance to the occupant agency. Upon request, GSA shall conduct space inspections to assist the agency in determining whether a current assignment of space results in one or more of the occupant agency's programs or activities being inaccessible. GSA shall provide the occupant agency with a written summary of significant findings and recommendations, together with data concerning programmed repairs and alterations planned by GSA and alterations that can be effected by the agency.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.153-2</SECTNO>
            <SUBJECT>Requests from occupant agencies.</SUBJECT>
            <P>(a) Upon receipt of an occupant agency's request for new space, additional space, relocation to accessible space, alterations, or other actions under GSA's control that are needed to ensure program accessibility in the requesting agency's program(s) as required by the agency's section 504 transition plan, GSA shall assist or advise the requesting agency in providing or arranging for the requested action within the timeframes specified in the requesting agency's transition plan.</P>

            <P>(b) If the requested action cannot be completed within the time frame specified in an agency's transition plan, GSA shall so advise the requesting agency within 30 days of the request by submitting, after consultation with the agency, a revised schedule specifying the date by which the action shall be <PRTPAGE P="159"/>completed. If the delay in completing the action results in or continues the inaccessibility of the requesting agency's program, GSA and the agency shall, after consultation, take interim measures to make the agency's program accessible.</P>
            <P>(c) If GSA determines that it is unable to take the requested action, GSA shall—</P>
            <P>(1) Within 30 days, set forth in writing to the requesting agency the reasons for denying the agency's request, and</P>
            <P>(2) Within 90 days, propose to the requesting agency other methods for making the agency's program accessible.</P>
            <P>(d) Receipt of a copy of an occupant agency's transition plan under section 504 shall constitute notice to GSA of the requested actions in the transition plan and of the times frames which the actions are required to be completed.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.154</SECTNO>
            <SUBJECT>Program accessibility: Exceptions.</SUBJECT>
            <P>Sections 105-8.150, 105-8.152, and 105-8.153 do not require GSA to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where GSA personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the Administrator or his or her designee after considering all resources available for use in the funding and operation of the conducted program or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with handicaps receive the benefits and services of the program or activity.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.155—105-8.159</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.160</SECTNO>
            <SUBJECT>Communications.</SUBJECT>
            <P>(a) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public.</P>
            <P>(1) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency.</P>
            <P>(i) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individual with handicaps.</P>
            <P>(ii) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature.</P>
            <P>(2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD) or equally effective telecommunication systems shall be used to communicate with persons with impaired hearing.</P>
            <P>(b) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.</P>
            <P>(c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility.</P>

            <P>(d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 150.8.160 would result in such alteration or burdens. <PRTPAGE P="160"/>The decision that compliance would result in such alteration or burdens must be made by the Administrator or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with § 105-8.160 would result in such an alteration or such burdnes, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§§ 105-8.161—105-8.169</SECTNO>
            <RESERVED>[Reserved]</RESERVED>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170</SECTNO>
            <SUBJECT>Compliance procedures.</SUBJECT>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-1</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>
            <P>Except as provided in § 105-8.170-2, §§ 105-8.170 through 105-8.170-13 apply to all allegations of discrimination on the basis of handicap in programs or activities conducted by the agency.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-2</SECTNO>
            <SUBJECT>Employment complaints.</SUBJECT>
            <P>The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by the Equal Employment Opportunity Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-3</SECTNO>
            <SUBJECT>Responsible Official.</SUBJECT>
            <P>The Responsible Official shall coordinate implementation of §§ 105-8.170 through 105-8.170-13.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-4</SECTNO>
            <SUBJECT>Filing a complaint.</SUBJECT>
            <P>(a) <E T="03">Who may file a complaint.</E> Any person who believes that he or she has been subjected to discrimination prohibited by this part may by him or herself or by his or her authorized representative file a complaint with the Official. Any persons who believes that any specific class of persons has been subjected to discrimination prohibited by this part and who is a member of that class or the authorized representative of a member of that class may file a complaint with the Official.</P>
            <P>(b) <E T="03">Confidentiality.</E> The Official shall hold in confidence the identity of any person submitting a complaint, unless the person submits written authorization otherwise, and except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or proceeding under this part.</P>
            <P>(c) <E T="03">When to file.</E> Complaints shall be filed within 180 days of the alleged act of discrimination. The Official may extend this time limit for good cause shown. For purposes of determining when a complaint is timely filed under this section, a complaint mailed to the agency shall be deemed filed on the date it is postmarked. Any other complaint shall be deemed filed on the date it is recevied by the agency.</P>
            <P>(d) <E T="03">How to file.</E> Complaints may be delivered or mailed to the Administrator, the Responsibile Official, or other agency officials. Complaints should be sent to the Director of Civil Rights, Civil Rights Division (AKC), General Services Administration, 18th and F Streets, NW., Washington, DC 20405. If any agency official other than the Official receives a complaint, he or she shall forward the complaint to the Official immediatley.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-5</SECTNO>
            <SUBJECT>Notification to the Architectural and Transportation Barriers Compliance Board.</SUBJECT>
            <P>The agency shall prepare and forward comprehensive quarterly reports to the Architectural and Transportation Barriers Compliance Board containing information regarding complaints received alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to and usable by individuals with handicaps. The agency shall not include in the report the identity of any complainant.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-6</SECTNO>
            <SUBJECT>Acceptance of complaint.</SUBJECT>

            <P>(a) The Official shall accept a complete complaint that is filed in accordance with § 105-8.170-4 and over which the agency has jurisdiction. The Official shall notify the complainant and <PRTPAGE P="161"/>the respondent of receipt and acceptance of the complaint.</P>
            <P>(b) If the Official receives a complaint that is not complete, he or she shall notify the complainant within 30 days of receipt of the incomplete complaint that additional information is needed. If the complainant fails to complete the complaint within 30 days of receipt of this notice, the Official shall dismiss the complaint without prejudice.</P>
            <P>(c) The Official may reject a complaint, or a position thereof, for any of the following reasons:</P>
            <P>(1) It was not filed timely and the extension of the 180-day period as provided in § 105-8.170-4(c) is denied;</P>
            <P>(2) It consists of an allegation identical to an allegation contained in a previous complaint filed on behalf of the same complainant(s) which is pending in the agency or which has been resolved or decided by the agency; or</P>
            <P>(3) It is not within the purview of this part.</P>
            <P>(d) If the Official receives a complaint over which the agency does not have jurisdiction, the Official shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate Government entity.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-7</SECTNO>
            <SUBJECT>Investigation/conciliation.</SUBJECT>
            <P>(a) Within 180 days of the receipt of a complete complaint, the Official shall complete the investigation of the complaint, attempt informal resolution, and if no informal resolution is achieved, issue a letter of findings. The 180-day time limit may be extended with the permission of the Assistant Attorney General. The investigation should include, where appropriate, a review of the practices and policies that led to the filing of the complaint, and other circumstances under which the possible noncompliance with this part occurred.</P>
            <P>(b) The Official may require agency employees to cooperate in the investigation and attempted resolution of complaints. Employees who are required by the Official to participate in any investigation under this section shall do so as part of their official duties and during the course of regular duty hours.</P>
            <P>(c) The Official shall furnish the complainant and the respondent a copy of the investigative report promptly after receiving it from the investigator and provide the complainant and the respondent with an opportunity for informal resolution of the complaint.</P>
            <P>(d) If a complaint is resolved informally, the terms of the agreement shall be reduced to writing and signed by the complainant and respondent. The agreement shall be made part of the complaint file with a copy of the agreement provided to the complainant and the respondent. The written agreement may include a finding on the issue of discrimination and shall describe any corrective action to which the complainant and the respondent have agreed.</P>
            <P>(e) The written agreement shall remain in effect until all corrective actions to which the complainant and the respondent have agreed upon have been completed. The complainant may reopen the complaint in the event that the agreement is not carried out.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-8</SECTNO>
            <SUBJECT>Letter of findings.</SUBJECT>
            <P>If an informal resolution of the complaint is not reached, the Official shall, within 180 days of receipt of the complete complaint, notify the complainant and the respondent of the results of the investigation in a letter sent by certified mail, return receipt requested. The letter shall contain, at a minimum, the following:</P>
            <P>(a) Findings of fact and conclusions of law;</P>
            <P>(b) A description of a remedy for each violation found;</P>
            <P>(c) A notice of the right of the complainant and the respondent to appeal to the Special Counsel for Ethics and Civil Rights; and</P>
            <P>(d) A notice of the right of the complainant and the respondent to request a hearing.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-9</SECTNO>
            <SUBJECT>Filing an appeal.</SUBJECT>

            <P>(a) Notice of appeal to the Special Counsel for Ethics and Civil Rights, with or without a request for hearing, shall be filed by the complainant or the <PRTPAGE P="162"/>respondent with the Responsible Official within 30 days of receipt of the letter of findings required by</P>
            <FP>§ 105-8.170-7.</FP>
            <P>(b) If a timely appeal without a request for hearing is filed by a party, any other party may file a written request for a hearing within the time limit specified in § 105-8.170-9(a) or within 10 days of the date on which the first timely appeal without a request for hearing was filed, whichever is later.</P>
            <P>(c) If no party requests a hearing, the Responsible Official shall promptly transmit the notice of appeal and investigative record to the Special Counsel for Ethics and Civil Rights.</P>
            <P>(d) If neither party files an appeal within the time prescribed in § 105-8.170-9(a) the Responsible Official shall certify, at the expiration of the time, that the letter of findings is the final agency decision on the complaint.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-10</SECTNO>
            <SUBJECT>Acceptance of appeals.</SUBJECT>
            <P>The Special Counsel shall accept and process any timely appeal. A party may appeal to the Deputy Administrator from a decision of the Special Counsel that an appeal is untimely. This appeal shall be filed within 15 days of receipt of the decision from the Special Counsel.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-11</SECTNO>
            <SUBJECT>Hearing.</SUBJECT>
            <P>(a) Upon a timely request for a hearing, the Special Counsel shall take the necessary action to obtain the services of an Administrative law judge (ALJ) to conduct the hearing. The ALJ shall issue a notice to all parties specifying the date, time, and place of the scheduled hearing. The hearing shall be commenced no earlier than 15 days after the notice is issued and no later than 60 days after the request for a hearing is filed, unless all parties agree to a different date, or there are other extenuating circumstances.</P>
            <P>(b) The complainant and respondent shall be parties to the hearing. Any interested person or organization may petition to become a party or amicus curiae. The ALJ may, in his or her discretion, grant such a petition if, in his or her opinion, the petitioner has a legitimate interest in the proceedings and the participation will not unduly delay the outcome and may contribute materially to the proper disposition of the proceedings.</P>
            <P>(c) 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). The ALJ shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. He or she shall have all powers necessary to these ends, including (but not limited to) the power to—</P>
            <P>(1) Arrange and change the date, time, and place of hearings and prehearing conferences and issue notices thereof;</P>
            <P>(2) Hold conferences to settle, simplify, or determine the issue in a hearing, or to consider other matters that may aid in the expeditious disposition of the hearing;</P>
            <P>(3) Require parties to state their position in writing with respect to the various issues in the hearing and to exchange such statements with all other parties;</P>
            <P>(4) Examine witnesses and direct witnesses to testify;</P>
            <P>(5) Receive, rule on, exclude, or limit evidence;</P>
            <P>(6) Rule on procedural items pending before him or her; and</P>
            <P>(7) Take any action permitted to the ALJ as authorized by this part, or by the provisions of the Administrative Procedure Act (5 U.S.C. 551-559).</P>

            <P>(d) Technical rules of evidence shall not apply to hearings conducted pursuant to § 105-8.170-11, but rules or principles designed to assure production of credible evidence available and to subject testimony to cross-examination shall be applied by the ALJ whenever reasonably necessary. The ALJ 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 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.<PRTPAGE P="163"/>
            </P>
            <P>(e) The costs and expenses for the conduct of a hearing shall be allocated as follows:</P>
            <P>(1) Persons employed by the agency shall, upon request to the agency by the ALJ, be made available to participate in the hearing and shall be on official duty status for this purpose. They shall not receive witness fees.</P>
            <P>(2) Employees of other Federal agencies called to testify at a hearing shall, at the request of the ALJ and with the approval of the employing agency, be on official duty status during any period of absence from normal duties caused by their testimony, and shall not receive witness fees.</P>
            <P>(3) The fees and expenses of other persons called to testify at a hearing shall be paid by the party requesting their appearance.</P>
            <P>(4) The ALJ may require the agency to pay travel expenses necessary for the complainant to attend the hearing.</P>
            <P>(5) The respondent shall pay the required expenses and charges for the ALJ and court reporter.</P>
            <P>(6) All other expenses shall be paid by the party, the intervening party, or amicus curiae incurring them.</P>
            <P>(f) The ALJ shall submit in writing recommended findings of fact, conclusions of law, and remedies to all parties and the Special Counsel for Ethics and Civil Rights within 30 days after receipt of the hearing transcripts, or within 30 days after the conclusion of the hearing if no transcript is made. This time limit may be extended with the permission of the Special Counsel.</P>
            <P>(g) Within 15 days after receipt of the recommended decision of the ALJ any party may file exceptions to the decision with the Speical Counsel. Thereafter, each party will have ten days to file reply exceptions with the Special Counsel.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-12</SECTNO>
            <SUBJECT>Decision.</SUBJECT>
            <P>(a) The Special Counsel shall make the decision of the agency based on information in the investigative record and, if a hearing is held, on the hearing record. The decision shall be made within 60 days of receipt of the transmittal of the notice of appeal and investitive record pursuant to § 105-8.170-9(c) or after the period for filing exceptions ends, which ever is applicable. If the Special Counsel for Ethics and Civil Rights determines that he or she needs additional information from any party, he or she shall request the information and provide the other party or parties an opportunity to respond to that information. The Special Counsel shall have 60 days from receipt of the additional information to render the decision on the appeal. The Special Counsel shall transmit his or her decision by letter to the parties. The time limits established in this paragraph may be extended with the permission of the Assistant Attorney General. The decision shall set forth the findings, remedial action required, and reasons for the decision. If the decision is based on a hearing record, the Special Counsel shall consider the recommended decision of the ALJ and render a final decision based on the entire record. The Special Counsel may also remand the hearing record to the ALJ for a fuller development of the record.</P>
            <P>(b) Any respondent required to take action under the terms of the decision of the agency shall do so promptly. The Official may require periodic compliance reports specifying—</P>
            <P>(1) The manner in which compliance with the provisions of the decision has been achieved;</P>
            <P>(2) The reasons any action required by the final decision has not yet been taken; and</P>
            <P>(3) The steps being taken to ensure full compliance. The Official may retain responsibility for resolving disagreements that arise between the parties over interpretation fo the final agency decision or for specific adjudicatory decisions arising out of implementation.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.170-13</SECTNO>
            <SUBJECT>Delegation.</SUBJECT>
            <P>The agency may delegate its authority for conducting complaint investigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-8.171</SECTNO>
            <SUBJECT>Complaints against an occupant agency.</SUBJECT>

            <P>(a) Upon notification by an occupant agency that it has received a complete complaint alleging that the agency's <PRTPAGE P="164"/>program is inaccessible because existing facilities under GSA's control are not accessible and usable by individuals with handicaps, GSA shall be jointly responsible with the agency for resolving the complaint and shall participate in making findings of fact and conclusions of law in prescribing and implementing appropriate remedies for each violation found.</P>
            <P>(b) GSA shall make reasonable efforts to follow the time frames for complaint resolution that go into effect under the notifying occupant agency's compliance procedures when it receives a complete complaint.</P>
            <P>(c) Receipt of a copy of the complete complaint by GSA shall constitute notification to GSA for purposes of § 105-8.171(a).</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-50</EAR>
          <HD SOURCE="HED">PART 105-50—PROVISION OF SPECIAL OR TECHNICAL SERVICES TO STATE AND LOCAL UNITS OF GOVERNMENT</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-50.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SECTNO>105-50.001</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SECTNO>105-50.001-1</SECTNO>
            <SUBJECT>State.</SUBJECT>
            <SECTNO>105-50.001-2</SECTNO>
            <SUBJECT>Political subdivision or local government.</SUBJECT>
            <SECTNO>105-50.001-3</SECTNO>
            <SUBJECT>Unit of general local government.</SUBJECT>
            <SECTNO>105-50.001-4</SECTNO>
            <SUBJECT>Special-purpose unit of local government.</SUBJECT>
            <SECTNO>105-50.001-5</SECTNO>
            <SUBJECT>Specialized or technical services.</SUBJECT>
            <SECTNO>105-50.001-6</SECTNO>
            <SUBJECT>GSA.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.1—General Provisions</HD>
              <SECTNO>105-50.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <SECTNO>105-50.102</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <SECTNO>105-50.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <SECTNO>105-50.104</SECTNO>
              <SUBJECT>Limitations.</SUBJECT>
              <SECTNO>105-50.105</SECTNO>
              <SUBJECT>Coordination of requests.</SUBJECT>
              <SECTNO>105-50.106</SECTNO>
              <SUBJECT>GSA response to requests.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.2—Services Available From General Services Administration</HD>
              <SECTNO>105-50.201</SECTNO>
              <SUBJECT>Agencywide mission.</SUBJECT>
              <SECTNO>105-50.202</SECTNO>
              <SUBJECT>Specific services.</SUBJECT>
              <SECTNO>105-50.202-1</SECTNO>
              <SUBJECT>Copies of statistical or other studies.</SUBJECT>
              <SECTNO>105-50.202-2</SECTNO>
              <SUBJECT>Preparation of or assistance in the conduct of statistical or other studies.</SUBJECT>
              <SECTNO>105-50.202-3</SECTNO>
              <SUBJECT>Training.</SUBJECT>
              <SECTNO>105-50.202-4</SECTNO>
              <SUBJECT>Technical assistance incident to Federal surplus personal property.</SUBJECT>
              <SECTNO>105-50.202-5</SECTNO>
              <SUBJECT>Data processing services.</SUBJECT>
              <SECTNO>105-50.202-6</SECTNO>
              <SUBJECT>Communications services.</SUBJECT>
              <SECTNO>105-50.202-7</SECTNO>
              <SUBJECT>Technical information and advice.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.3—Principles Governing Reimbursements to GSA</HD>
              <SECTNO>105-50.301</SECTNO>
              <SUBJECT>Established fees.</SUBJECT>
              <SECTNO>105-50.302</SECTNO>
              <SUBJECT>Special fee schedules.</SUBJECT>
              <SECTNO>105-50.303</SECTNO>
              <SUBJECT>Cost basis in lieu of fees.</SUBJECT>
              <SECTNO>105-50.304</SECTNO>
              <SUBJECT>Services provided through revolving funds.</SUBJECT>
              <SECTNO>105-50.304a</SECTNO>
              <SUBJECT>Deposits.</SUBJECT>
              <SECTNO>105-50.305</SECTNO>
              <SUBJECT>Exemptions.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-50.4—Reports</HD>
              <SECTNO>105-50.401</SECTNO>
              <SUBJECT>Reports submitted to the Congress.</SUBJECT>
              <SECTNO>105-50.402</SECTNO>
              <SUBJECT>Reports submitted to the Office of Management and Budget. </SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) and sec. 302, 82 Stat. 1102; 42 U.S.C. 4222.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>41 FR 21451, May 26, 1976, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-50.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>This part prescribes rules and procedures governing the provision of special or technical services to State and local units of government by GSA. This part also prescribes principles governing reimbursements for such services.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <P>The following definitions are established for terms used in this part.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-1</SECTNO>
            <SUBJECT>State.</SUBJECT>
            <P>
              <E T="03">State</E> means any of the several States of the United States, the District of Columbia, Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, but does not include the governments of the political subdivisions of the State.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-2</SECTNO>
            <SUBJECT>Political subdivision or local government.</SUBJECT>
            <P>
              <E T="03">Political subdivision</E> or <E T="03">local government</E> means a local unit of government, including specifically a county, municipality, city, town, township, or a school or other special district created by or pursuant to State law.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="165"/>
            <SECTNO>§ 105-50.001-3</SECTNO>
            <SUBJECT>Unit of general local government.</SUBJECT>
            <P>
              <E T="03">Unit of general local government</E> means any city, county, town, parish, village, or other general purpose political subdivision of a State.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-4</SECTNO>
            <SUBJECT>Special-purpose unit of local government.</SUBJECT>
            <P>
              <E T="03">Special-purpose unit of local government</E> means any special district, public-purpose corporation, or other strictly limited-purpose political subdivision of a State, but shall not include a school district.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-5</SECTNO>
            <SUBJECT>Specialized or technical services.</SUBJECT>
            <P>
              <E T="03">Specialized or technical services</E> means statistical and other studies and compilations, development projects, technical tests and evaluations, technical information, training activities, surveys, reports, documents, and any other similar service functions which any department or agency of the executive branch of the Federal Government is especially equipped and authorized by law to perform.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-50.001-6</SECTNO>
            <SUBJECT>GSA.</SUBJECT>
            <P>
              <E T="03">GSA</E> means the General Services Administration.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-50.1—General Provisions</HD>
            <SECTION>
              <SECTNO>§ 105-50.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>

              <P>(a) This part 105-50 implements the provisions of Title III of the Intergovernmental Cooperation Act of 1968 (82 Stat. 1102, 42 U.S.C. 4221-4225), the purpose of which is stated as follows:
              </P>
              <EXTRACT>
                <P>It is the purpose of this title to encourage intergovernmental cooperation in the conduct of specialized or technical services and provision of facilities essential to the administration of State or local governmental activities, many of which are nationwide in scope and financed in part by Federal funds; to enable state and local governments to avoid unnecessary duplication of special service functions; and to authorize all departments and agencies of the executive branch of the Federal Government which do not have such authority to provide reimbursable specialized or technical services to State and local governments. </P>
              </EXTRACT>
              
              <P>(b) This part is consistent with the rules and regulations promulgated by the Director, Office of Management and Budget, in the Office of Management and Budget Circular No. A-97, dated August 29, 1969, issued pursuant to section 302 of the cited Act (42 U.S.C. 4222).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.102</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <P>This part is applicable to all organizational elements of GSA insofar as the services authorized to be performed in subpart 105-50.2 fall within their designated functional areas.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <P>It is the policy of GSA to cooperate to the maximum extent possible with State and local units of government in providing the specialized or technical services authorized within the limitations set forth in § 105-50.104.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.104</SECTNO>
              <SUBJECT>Limitations.</SUBJECT>
              <P>The specialized or technical services provided under this part may be provided, in the discretion of the Administrator of General Services, only under the following conditions:</P>
              <P>(a) Such services will be provided only to the States, political subdivisions thereof, and combinations or associations of such governments or their agencies and instrumentalities.</P>
              <P>(b) Such services will be provided only upon the written request of a State or political subdivision thereof. Requests normally will be made by the chief executives of such entities and will be addressed to the General Services Administration as provided in § 105-50.105.</P>
              <P>(c) Such services will not be provided unless GSA is providing similar services for its own use under the policies set forth in the Office of Management and Budget Circular No. A-76 Revised, dated August 30, 1967, subject: Policies for acquiring commercial or industrial products and services for Government use. In addition, in accordance with the policies set forth in Circular No. A-76, the requesting entity must certify that such services cannot be procured reasonably and expeditiously through ordinary business channels.</P>

              <P>(d) Such services will not be provided if they require any additions of staff or <PRTPAGE P="166"/>involve outlays for additional equipment or other facilities solely for the purpose of providing such services, except where the costs thereof are charged to the user of such services. Further, no staff additions may be made which impede the implementation of, or adherence to, the employment ceilings contained in the Office of Management and Budget allowance letters.</P>
              <P>(e) Such services will be provided only upon payment or provision for reimbursement by the unit of government making the request of salaries and all other identifiable direct and indirect costs of performing such services. For cost determination purposes, GSA will be guided by the policies set forth in the Office of Management and Budget Circular No. A-25, dated September 23, 1959, subject: User charges.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.105</SECTNO>
              <SUBJECT>Coordination of requests.</SUBJECT>
              <P>(a) All inquiries of a general nature concerning services GSA can provide shall be addressed to the General Services Administration (BR), Washington, D.C. 20405. The Director of Management Services, Office of Administration, shall serve as the central coordinator for such inquiries and shall assign them to the appropriate organizational element of GSA for expeditious handling.</P>
              <P>(b) Requests for specific services may be addressed directly to Heads of Services and Staff Offices and to Regional Administrators. Section 105-50.202 describes the specific services GSA can provide.</P>
              <P>(c) If the proper GSA organizational element is not known to the State or local unit of government, the request shall be addressed as in paragraph (a) of this section to ensure appropriate handling.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.106</SECTNO>
              <SUBJECT>GSA response to requests.</SUBJECT>
              <P>(a) Direct response to each request shall be made by the Head of the applicable Service or Staff Office or Regional Administrator. He shall outline the service to be provided and the fee or reimbursement required. Any special conditions concerning time and priority, etc., shall be stated. Written acceptance by the authorized State or local governmental entity shall constitute a binding agreement.</P>
              <P>(b) Heads of Services and Staff Offices and Regional Administrators shall maintain complete records and controls of services provided on a calendar year basis to facilitate accurate, annual reporting, as required in § 105-50.401.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-50.2—Services Available From General Services Administration</HD>
            <SECTION>
              <SECTNO>§ 105-50.201</SECTNO>
              <SUBJECT>Agencywide mission.</SUBJECT>
              <P>(a) In its role as a central property management agency, GSA constructs, leases, operates, and maintains office and other space: procures and distributes supplies; coordinates and provides for the economic and efficient purchase, lease, sharing, and maintenance of automatic data processing equipment by Federal agencies; manages stockpiles of materials maintained for use in national emergencies; transfers excess real and personal property among Federal agencies for further use; disposes of surplus real and personal property, by donation or otherwise, as well as materials excess to stockpile requirements; operates centralized data processing centers and telecommunications and motor pool systems; operates the National Archives and Presidential libraries; and provides a variety of records management services, including the operation of centers for storing and administering records, as well as other common services.</P>

              <P>(b) Special or technical services may be provided by many organizational elements of GSA with respect to their functional areas, but the requesting State or local agency needs only to know that the service desired is related to one or more of the functional areas described above and direct its request as provided for under § 105-50.105. State and local units of government are also encouraged to consult the “Catalog of Federal Domestic Assistance” as a more complete guide to the many other Federal assistance programs available to them. The catalog, issued annually and updated periodically by the Office of Management and Budget, is available through the Superintendent of <PRTPAGE P="167"/>Documents, Government Printing Office, Washington, DC 20402.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202</SECTNO>
              <SUBJECT>Specific services.</SUBJECT>
              <P>Within the functional areas identified in § 105-50.201, GSA can provide the services hereinafter described.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-1</SECTNO>
              <SUBJECT>Copies of statistical or other studies.</SUBJECT>
              <P>This material includes a copy of any existing statistical or other studies and compilations, results of technical tests and evaluations, technical information, surveys, reports, and documents, and any such materials which may be developed or prepared in the future to meet the needs of the Federal Government or to carry out normal program responsibilities of GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-2</SECTNO>
              <SUBJECT>Preparation of or assistance in the conduct of statistical or other studies.</SUBJECT>
              <P>(a) This service includes preparation of statistical or other studies and compilations, technical tests and evaluations, technical information, surveys, reports, and documents and assistance in the conduct of such activities and in the preparation of such materials, provided they are of a type similar to those which GSA is authorized by law to conduct or prepare and when resources are available.</P>
              <P>(b) Specific areas in which GSA can conduct or participate in the conduct of studies include:</P>
              <P>(1) Space management, including assignment and utilization;</P>
              <P>(2) Supply management, including laboratory tests and evaluations;</P>
              <P>(3) Management of motor vehicles;</P>
              <P>(4) Archives and records management;</P>
              <P>(5) Automatic data processing systems; and</P>
              <P>(6) Telecommunications and teleprocessing systems and services.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-3</SECTNO>
              <SUBJECT>Training.</SUBJECT>
              <P>(a) This training consists of the type which GSA is authorized by law to conduct for Federal personnel and others or which is similar to such training.</P>
              <P>(b) Descriptions of the specific training courses conducted by GSA are published annually in the Interagency Training Programs bulletin, copies of which are available from the U.S. Civil Service Commission, Washington, D.C. 20415.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-4</SECTNO>
              <SUBJECT>Technical assistance incident to Federal surplus personal property.</SUBJECT>
              <P>Technical assistance will be provided in the screening and selection of surplus personal property under existing laws, provided such aid primarily strengthens the ability of the recipient in developing its own capacity to prepare proposals.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-5</SECTNO>
              <SUBJECT>Data processing services.</SUBJECT>
              <P>GSA will develop ADP logistical feasibility studies, software, systems analyses, and programs. To the extent that data processing capabilities are available, GSA will also assist in securing data processing services on a temporary, short term basis from other Federal facilities or Federal Data Processing Centers.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-6</SECTNO>
              <SUBJECT>Communications services.</SUBJECT>
              <P>GSA will continue to make its bulk rate circuit ordering services available for use by State and local governments. Under a revised tariff effective December 12, 1971, GSA will bill the State and local governments for their share of the TEL PAK costs. Services provided prior to December 12, 1971, will be billed by the contractors under the former arrangements. In addition, certain activities, such as surplus property agencies which have frequent communications with Federal agencies, will be given access to the Federal Telecommunications System switchboards.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.202-7</SECTNO>
              <SUBJECT>Technical information and advice.</SUBJECT>
              <P>GSA will provide technical information, personnel management systems services, and technical advice on improving logistical and management services which GSA normally provides for itself or others under existing authorities.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <PRTPAGE P="168"/>
            <HD SOURCE="HED">Subpart 105-50.3—Principles Governing Reimbursements to GSA</HD>
            <SECTION>
              <SECTNO>§ 105-50.301</SECTNO>
              <SUBJECT>Established fees.</SUBJECT>
              <P>Where there is an established schedule of fees for services to other Government agencies or the public, the schedule shall be used as the basis for reimbursement for like services furnished to State and local governments.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.302</SECTNO>
              <SUBJECT>Special fee schedules.</SUBJECT>
              <P>Where there is no established schedule of fees for types of service which are ordinarily reimbursed on a fee basis, such schedules may be developed and promulgated in conjunction with the Office of Administration. The fees so established shall cover all direct costs, such as salaries of personnel involved plus personnel benefits, travel, and other related expenses and all indirect costs such as management, supervisory, and staff support expenses determined or estimated from the best available records in GSA. Periodically, fees shall be reviewed for adequacy of recovery and adjusted as necessary.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.303</SECTNO>
              <SUBJECT>Cost basis in lieu of fees.</SUBJECT>
              <P>Where the cost of services is to be recovered on other than a fee basis, upon receipt of a request from a State or local government for such services, a written reply shall be prepared by the service or staff office receiving the request stating the basis for reimbursement for the services to be performed. The proposal shall be based on an estimate of all direct costs, such as salaries of personnel involved plus personnel benefits, travel, and other related expenses and on such indirect costs as management, supervisory, and staff support expenses. An appropriate surcharge may be developed to recover these indirect costs. The terms thereof shall be concurred in by the Director of Administration. Acceptance in writing by the requester shall constitute a binding agreement between GSA and the requesting governmental unit.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.304</SECTNO>
              <SUBJECT>Services provided through revolving funds.</SUBJECT>
              <P>Where the service furnished is of the type which GSA is now billing through revolving funds, reimbursement shall be obtained from State and local governments on the same basis; i.e., the same pricing method, billing forms, and billing support shall be used.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.304a</SECTNO>
              <SUBJECT>Deposits.</SUBJECT>
              <P>Reimbursements to GSA for furnishing special or technical services to State and local units of government will be deposited to the credit of the appropriation from which the cost of providing such services has been paid or is to be charged if such reimbursements are authorized. Otherwise, the reimbursements will be credited to miscellaneous receipts in the U.S. Treasury (42 U.S.C. 4223).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.305</SECTNO>
              <SUBJECT>Exemptions.</SUBJECT>
              <P>(a) Single copies of existing reports covering studies and statistical compilations and other data or publications for which there is no established schedule of fees shall be furnished without charge unless significant expense is incurred in reproducing the material, in which instance the actual cost thereof shall be charged.</P>
              <P>(b) GSA may, pursuant to section 302 of the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4742), admit employees of State and local units of government to training programs established for professional, administrative, or technical personnel and may waive the requirement for reimbursement in whole or in part.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-50.4—Reports</HD>
            <SECTION>
              <SECTNO>§ 105-50.401</SECTNO>
              <SUBJECT>Reports submitted to the Congress.</SUBJECT>
              <P>(a) The Administrator of General Services will furnish annually to the respective Committees on Government Operations of the Senate and the House of Representatives a summary report on the scope of the services provided under Title III of the act and this part.</P>

              <P>(b) Heads of Services and Staff Offices and all Regional Administrators shall furnish the Director of Management Services, OAD, by no later than January 15 of each year, the following information concerning services provided during the preceding calendar year to State and local units of government:<PRTPAGE P="169"/>
              </P>
              <P>(1) A brief description of the services provided, including any other pertinent data;</P>
              <P>(2) The State and/or local unit of government involved; and</P>
              <P>(3) The cost of GSA to provide the service, including the amount of reimbursement, if any, made by the benefitting government.</P>
              <P>(c) Reports Control Symbol LAW-27-OA is assigned to this report.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-50.402</SECTNO>
              <SUBJECT>Reports submitted to the Office of Management and Budget.</SUBJECT>
              <P>Copies of the foregoing reports will be submitted by the Administrator to the Office of Management and Budget not later than March 30 of each year.</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-51</EAR>
          <HD SOURCE="HED">PART 105-51—UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS</HD>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Sec. 213, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42 U.S.C. 4601) as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101 Stat. 246-256 (42 U.S.C. 4601 note).</P>
          </AUTH>
          <SECTION>
            <SECTNO>§ 105-51.001</SECTNO>
            <SUBJECT>Uniform relocation assistance and real property acquisition.</SUBJECT>
            <P>Regulations and procedures for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Title IV of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth in 49 CFR part 24.</P>
            <CITA>[52 FR 48024, Dec. 17, 1987; 54 FR 8913, Mar. 2, 1989]</CITA>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-53</EAR>
          <HD SOURCE="HED">PART 105-53—STATEMENT OF ORGANIZATION AND FUNCTIONS</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-53.100</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart A—General</HD>
              <SECTNO>105-53.110</SECTNO>
              <SUBJECT>Creation and authority.</SUBJECT>
              <SECTNO>105-53.112</SECTNO>
              <SUBJECT>General statement of functions.</SUBJECT>
              <SECTNO>105-53.114</SECTNO>
              <SUBJECT>General statement of organization.</SUBJECT>
              <SECTNO>105-53.116</SECTNO>
              <SUBJECT>General regulations.</SUBJECT>
              <SECTNO>105-53.118</SECTNO>
              <SUBJECT>Locations of material available for public inspection.</SUBJECT>
              <SECTNO>105-53.120</SECTNO>
              <SUBJECT>Address and telephone numbers.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart B—Central Offices</HD>
              <SECTNO>105-53.130</SECTNO>
              <SUBJECT>Office of the Administrator.</SUBJECT>
              <SECTNO>105-53.130-1</SECTNO>
              <SUBJECT>[Reserved]</SUBJECT>
              <SECTNO>105-53.130-2</SECTNO>
              <SUBJECT>Office of Ethics and Civil Rights.</SUBJECT>
              <SECTNO>105-53.130-3</SECTNO>
              <SUBJECT>Office of the Executive Secretariat.</SUBJECT>
              <SECTNO>105-53.130-4</SECTNO>
              <SUBJECT>Office of Small and Disadvantaged Business Utilization.</SUBJECT>
              <SECTNO>105-53.131</SECTNO>
              <SUBJECT>Office of Inspector General.</SUBJECT>
              <SECTNO>105-53.132</SECTNO>
              <SUBJECT>GSA Board of Contract Appeals.</SUBJECT>
              <SECTNO>105-53.133</SECTNO>
              <SUBJECT>Information Security Oversight Office.</SUBJECT>
              <SECTNO>105-53.134</SECTNO>
              <SUBJECT>Office of Administration.</SUBJECT>
              <SECTNO>105-53.135</SECTNO>
              <SUBJECT>[Reserved]</SUBJECT>
              <SECTNO>105-53.136</SECTNO>
              <SUBJECT>Office of Congressional Affairs</SUBJECT>
              <SECTNO>105-53.137</SECTNO>
              <SUBJECT>Office of Acquisition Policy.</SUBJECT>
              <SECTNO>105-53.138</SECTNO>
              <SUBJECT>Office of General Counsel.</SUBJECT>
              <SECTNO>105-53.139</SECTNO>
              <SUBJECT>Office of the Comptroller.</SUBJECT>
              <SECTNO>105-53.140</SECTNO>
              <SUBJECT>Office of Operations and Industry Relations.</SUBJECT>
              <SECTNO>105-53.141</SECTNO>
              <SUBJECT>Office of Policy Analysis.</SUBJECT>
              <SECTNO>105-53.142</SECTNO>
              <SUBJECT>Office of Public Affairs.</SUBJECT>
              <SECTNO>105-53.143</SECTNO>
              <SUBJECT>Information Resources Management Service.</SUBJECT>
              <SECTNO>105-53.144</SECTNO>
              <SUBJECT>Federal Property Resources Service.</SUBJECT>
              <SECTNO>105-53.145</SECTNO>
              <SUBJECT>Federal Supply Service.</SUBJECT>
              <SECTNO>105-53.146</SECTNO>
              <SUBJECT>[Reserved]</SUBJECT>
              <SECTNO>105-53.147</SECTNO>
              <SUBJECT>Public Buildings Service.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart C—Regional Offices</HD>
              <SECTNO>105-53.150</SECTNO>
              <SUBJECT>Organization and functions.</SUBJECT>
              <SECTNO>105-53.151</SECTNO>
              <SUBJECT>Geographic composition, addresses, and telephone numbers. </SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 552(a)(1), Pub. L. 90-23, 81 Stat. 54 sec. (a)(1); 40 U.S.C. 486(c), Pub. L. 81-152, 63 Stat. 390, sec. 205(c).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>48 FR 25200, June 6, l983, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-53.100</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>This part is published in accordance with 5 U.S.C. 552 and is a general description of the General Services Administration.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart A—General</HD>
            <SECTION>
              <SECTNO>§ 105-53.110</SECTNO>
              <SUBJECT>Creation and authority.</SUBJECT>

              <P>The General Services Administration was established by section 101 of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), effective July 1, 1949. The act consolidated <PRTPAGE P="170"/>and transferred to the agency a variety of real and personal property and related functions fomerly assigned to various agencies. Subsequent laws and Executive orders assigned other related functions and programs.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.112</SECTNO>
              <SUBJECT>General statement of functions.</SUBJECT>
              <P>The General Services Administration, as a major policy maker, provides guidance and direction to Federal agencies in a number of management fields. GSA formulates and prescribes a variety of Governmentwide policies relating to procurement and contracting; real and personal property management; transportation, public transportation, public utilities and telecommunications management; automated data processing management; records management; the use and disposal of property; and the information security program. In addition to its policy role, GSA also provides a variety of basic services in the aforementioned areas to other Government agencies. A summary description of these services is presented by organizational component in subpart B.</P>
              <CITA>[54 FR 26741, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.114</SECTNO>
              <SUBJECT>General statement of organization.</SUBJECT>
              <P>The General Services Administration is an independent agency in the executive branch of the Government. The work of the agency as a whole is directed by the Administrator of General Services, who is assisted by the Deputy Administrator. A summary description of each of GSA's major functions and organizational components is presented in subparts B and C.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.116</SECTNO>
              <SUBJECT>General regulations.</SUBJECT>
              <P>Regulations of the General Services Administration and its components are codified in the Code of Federal Regulations in title 1, chapters I and II; title 32, chapter XX; title 41, chapters 1, 5, 101, 105, and 201; and title 48, chapters 1 and 5. Titles 1, 32, 41, and 48 of the Code of Federal Regulations are available for review at most legal and depository libraries and at the General Services Administration Central Office and regional offices. Copies may be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.</P>
              <CITA>[49 FR 24995, June 19, 1984]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.118</SECTNO>
              <SUBJECT>Locations of material available for public inspection.</SUBJECT>
              <P>GSA maintains reading rooms containing materials available for public inspection and copying at the following locations:</P>
              <P>(a) General Services Administration, 18th &amp; F Streets, NW., Library (Room 1033), Washington, DC 20405. Telephone 202-535-7788.</P>
              <P>(b) Business Service Center, General Services Administration, 10 Causeway Street, Boston, MA 02222. Telephone: 617-565-8100.</P>
              <P>(c) Business Service Center, General Services Administration, 26 Federal Plaza, NY, NY 10278. Telephone: 212-264-1234.</P>
              <P>(d) Business Service Center, General Services Administration, Seventh &amp; D Streets, SW., Room 1050, Washington, DC 20407. Telephone: 202-472-1804.</P>
              <P>(e) Business Service Center, General Services Administration, Ninth &amp; Market Streets, Room 5151, Philadelphia, PA 19107. Telephone: 215-597-9613.</P>
              <P>(f) Business Service Center, General Services Administration, Richard B. Russell Federal Building, U.S. Courthouse, 75 Spring Street, SW., Atlanta, GA 30303, Telephone: 404/331-5103.</P>
              <P>(g) Business Service Center, General Services Administration, 230 South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5383.</P>
              <P>(h) Business Service Center, General Services Administration, 1500 East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7203.</P>
              <P>(i) Business Service Center, General Services Administration, 819 Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-3284.</P>
              <P>(j) Business Service Center, General Services Administration, Denver Federal Center, Denver, CO 80225. Telephone: 303-236-7408.</P>
              <P>(k) Business Service Center, General Services Administration, 525 Market Street, San Francisco, CA 94105. Telephone: 415-974-9000.</P>

              <P>(l) Business Service Center, General Services Administration, 300 North Los Angeles Street, Room 3259, Los Angeles, CA 90012. Telephone: 213-688-3210.<PRTPAGE P="171"/>
              </P>
              <P>(m) Business Service Center, General Services Administration, GSA Center, Auburn, WA 98001. Telephone: 206-931-7957.</P>
              <CITA>[48 FR 25200, June 6, 1983, as amended at 49 FR 24995, June 19, 1984; 50 FR 26363, June 26, 1985; 51 FR 23229, June 26, 1986; 52 FR 23657, June 24, 1987; 53 FR 23761, June 24, 1988]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.120</SECTNO>
              <SUBJECT>Address and telephone numbers.</SUBJECT>
              <P>The Office of the Administrator; Office of Ethics and Civil Rights; Office of the Executive Secretariat; Office of Small and Disadvantaged Business Utilization; Office of Inspector General; GSA Board of Contract Appeals; Information Security Oversight Office; Office of Administration; Office of Congressional Affairs; Office of Acquisition Policy; Office of General Counsel; Office of the Comptroller; Office of Operations and Industry Relations; Office of Policy Analysis; Office of Public Affairs; Information Resources Management Service; Federal Property Resources Service; and Public Buildings Service are located at 18th and F Streets NW., Washington, DC 20405. The Federal Supply Service is located at Crystal Mall Building 4, 1941 Jefferson Davis Highway, Arlington, VA, however, the mailing address is Washington, DC 20406. The telephone number for the above addresses is 202-472-1082. The addresses of the eleven regional offices are provided in § 105-53.151.</P>
              <CITA>[54 FR 26741, June 26, 1989]</CITA>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart B—Central Offices</HD>
            <SECTION>
              <SECTNO>§ 105-53.130</SECTNO>
              <SUBJECT>Office of the Administrator.</SUBJECT>
              <P>The Administrator of General Services, appointed by the President with the advice and consent of the Senate, directs the execution of all programs assigned to the General Services Administration. The Deputy Administrator, who is appointed by the Administrator, assists in directing agency programs and coordinating activities related to the functions of the General Services Administration.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-1</SECTNO>
              <RESERVED>[Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-2</SECTNO>
              <SUBJECT>Office of Ethics and Civil Rights.</SUBJECT>
              <P>The Office of Ethics and Civil Rights, headed by the Special Counsel for Ethics and Civil Rights, is responsible for developing, directing, and monitoring the agency's programs governing employee standards of ethical conduct, equal employment opportunity, and civil rights. It is the focal point for the agency's implementation of the Ethics in Government Act of 1978. The principal statutes covering the Civil Rights Program are Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Educational Amendments Act of 1972, sections 501 and 504 of the Vocational Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1975, and the Equal Pay Act.</P>
              <CITA>[53 FR 23761, June 24, 1988]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-3</SECTNO>
              <SUBJECT>Office of the Executive Secretariat.</SUBJECT>
              <P>The Office of the Executive Secretariat, headed by the Director of the Executive Secretariat, is responsible for policy coordination, correspondence control, and various administrative tasks in support of the Administrator and Deputy Administrator.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.130-4</SECTNO>
              <SUBJECT>Office of Small and Disadvantaged Business Utilization.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> Public Law 95-507, October 14, 1978, an amendment to the Small Business Act and the Small Business Investment Act of 1958, established in each Federal agency having procurement authority the Office of Small and Disadvantaged Business Utilization. Each office is headed by a Director of Small and Disadvantaged Business Utilization. The Director is appointed by the head of the agency or department.</P>
              <P>(b) <E T="03">Functions.</E> The Director of Small and Disadvantaged Business Utilization is responsible for the implementation and execution of the functions and duties under Sections 8 and 15 of the Small Business Act to include the issuance of policy direction and guidance. The office provides information, assistance, and counseling to business concerns, including small businesses, <PRTPAGE P="172"/>small socially and economically disadvantaged persons, women-owned businesses, labor surplus area concerns, and workshops operated by the blind and other severely handicapped persons. The office also conducts outreach, liaison, source listings, and seminars for small and disadvantaged businesses and coordinates and promotes procurement programs and policies.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.131</SECTNO>
              <SUBJECT>Office of Inspector General.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> Public Law 95-452, known as the Inspector General Act of 1978, consolidated existing audit and investigation functions and established an Office of Inspector General in 11 major domestic departments and agencies, including GSA. Each office is headed by an Inspector General appointed by the President with the advice and consent of the Senate.</P>
              <P>(b) <E T="03">Functions.</E> The Office of Inspector General is responsible for policy direction and conduct of audit, inspection, and investigation activities relating to programs and operations of GSA; and maintaining liaison with other law enforcement agencies, the Department of Justice, and United States Attorneys on all matters relating to the detection and prevention of fraud and abuse. The Inspector General reports semiannually to the Congress through the Administrator concerning fraud, abuses, other serious problems, and deficiencies of agency programs and operations; recommends corrective action; and reports on progress made in implementing these actions.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.132</SECTNO>
              <SUBJECT>GSA Board of Contract Appeals.</SUBJECT>
              <P>(a) <E T="03">Creation and Authority.</E> The GSA Board of Contract Appeals (GSBCA), headed by the Chairman, GSA Board of Contract Appeals, was established on February 28, 1979, by the Administrator of General Services as an independent administrative/judicial tribunal under the provisions of the Contract Disputes Act of 1978 (Pub. L. 95-563). The Board was granted additional authority pursuant to the Brooks Act, 40 U.S.C. 759(f) (Pub. L. 99-591).</P>
              <P>(b) <E T="03">Functions.</E> The GSBCA hears, considers, and decides disputes between contractors and GSA and other executive departments, agencies, and commissions under the provisions of the Contract Disputes Act of 1978, the “Disputes” clause of contracts, and in connection with contract related claims. The Board furnishes hearing examiners for the Suspension and Debarment Board which serves as the factfinder in suspension and proposed debarment matters. The Suspension and Debarment Board provides the suspending official with a determination as to whether adequate evidence exists to support the cause for suspension, delivers written findings of fact to the debarring official which resolve any facts in dispute based on a preponderance of the evidence and determines whether a cause for debarment exists. The Board also serves as an ad hoc body convened to consider any other type of dispute, including appeals involving violations of post-Federal employment restrictions pursuant to the Ethics in Govenment Act of 1978. Additionally, the Board hears, considers, and decides ADP protests by interested parties pursuant to the Brooks Act, 40 U.S.C. 759(f).</P>
              <P>(c) <E T="03">Regulations.</E> Regulations pertaining to GSBCA programs are published in 41 CFR part 5A-60. Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[48 FR 25200, June 6, 1983, as amended at 53 FR 23761, June 24, 1988]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.133</SECTNO>
              <SUBJECT>Information Security Oversight Office.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> The Information Security Oversight Office (ISOO), headed by the Director of ISOO, who is appointed by the Administrator with the approval of the President, was established by the Administrator on November 20, 1978, under the provisions of Executive Order 12065. Effective August 1, 1982, this authority is based upon Executive Order 12356, which superseded E.O. 12065.</P>
              <P>(b) <E T="03">Functions.</E> ISOO oversees and ensures, under the general policy direction of the National Security Council, Government-wide implementation of the information security program established by Executive order.<PRTPAGE P="173"/>
              </P>
              <P>(c) <E T="03">Regulations.</E>
                <E T="11">Regulations pertaining to ISOO Programs are published in 32 CFR chapter XX, part 2000</E>
                <E T="03">et seq</E>.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.134</SECTNO>
              <SUBJECT>Office of Administration.</SUBJECT>
              <P>The Office of Administration, headed by the Associate Administrator for Administration, participates in the executive leadership of the agency; providing advice on the formulation of major policies and procedures, particularly those of a critical or controversial nature, to the Administrator and Deputy Administrator. The Office plans and administers programs in organization, productivity improvement, position management, training, staffing, position classification and pay administration, employee relations, workers' compensation, career development, GSA internal security, reporting requirements, regulations, internal directives, records correspondence procedures, Privacy and Freedom of Information Acts, printing and duplicating, mail, telecommunications, graphic design, cooperative administrative support, and support for congressional field offices. The office also serves as the central point of control for audit and inspection reports from the Inspector General and the Comptroller General of the United States; and manages the GSA internal controls evaluation, improvement, and reporting program. In addition, the office includes a secretariat to oversee Federal advisory committees.</P>
              <CITA>[54 FR 26741, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.135</SECTNO>
              <RESERVED>[Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.136</SECTNO>
              <SUBJECT>Office of Congressional Affairs.</SUBJECT>
              <P>The Office of Congressional Affairs, headed by the Associate Administrator for Congressional Affairs, is responsible for directing and coordinating the legislative and congressional activities of GSA.</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.137</SECTNO>
              <SUBJECT>Office of Acquisition Policy.</SUBJECT>
              <P>(a) <E T="03">Functions.</E> The Office of Acquisition Policy (OAP), headed by the Associate Administrator for Acquisition Policy, serves as the single focal point for GSA acquisition and contracting matters and is responsible for ensuring that the GSA procurement process is executed in compliance with all appropriate public laws and regulations and is based on sound business judgment. Also, OAP exercises Governmentwide acquisition responsibilities through its participation with the Department of Defense and the National Aeronautics and Space Administration in the development and publication of the Federal Acquisition Regulation.</P>
              <P>(b) <E T="03">Regulations.</E> Regulations pertaining to OAP programs are published in 48 CFR chapter 1, Federal Acquisition Regulation (FAR), and in 48 CFR chapter 5, General Services Acquisition Regulation (GSAR). Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[52 FR 23657, June 24, 1987]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.138</SECTNO>
              <SUBJECT>Office of General Counsel.</SUBJECT>
              <P>
                <E T="13">Functions.</E> The Office of General Counsel (OGC), headed by the General Counsel, is responsible for providing all legal services to the services, programs offices, staff offices, and regions of GSA with the exception of certain legal activities of the Office of Inspector General and legal activities of the Board of Contract Appeals; drafts legislation proposed by GSA; furnishes legal advice required in connection with reports on legislation proposed by other agencies; provides liaison on legal matters with other Federal agencies; coordinates with the Department of Justice in litigation matters; and reviews and gives advice on matters of contract policy and contract operations.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.139</SECTNO>
              <SUBJECT>Office of the Comptroller.</SUBJECT>
              <P>(a) <E T="03">Functions.</E> The Office of the Comptroller, headed by the Comptroller, is responsible for centralized agencywide budget and accounting functions; overall allocation and administrative control of agencywide resources and financial management programs; planning, developing, and directing GSA's executive management information system; and overseeing implementation of OMB Circular A-76 agencywide.</P>
              <P>(b) <E T="03">Regulations.</E> Regulations pertaining to the Office of the Comptroller's programs are published in 41 CFR <PRTPAGE P="174"/>part 101-2. Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[51 FR 23230, June 26, 1986, as amended at 53 FR 23762, June 24, 1988; 54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.140</SECTNO>
              <SUBJECT>Office of Operations and Industry Relations.</SUBJECT>
              <P>The Office of Operations and Industry Relations, headed by the Associate Administrator for Operations and Industry Relations, is responsible for formulating GSA-wide policy that relates to regional operations, supervising GSA's Regional Administrators, and planning and coordinating GSA business and industry relations and customer liaison activities.</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.141</SECTNO>
              <SUBJECT>Office of Policy Analysis.</SUBJECT>
              <P>The Office of Policy Analysis, headed by the Associate Administrator for Policy Analysis, is responsible for providing analytical support, independent, objective information concerning management policies and programs, and technical and analytical assistance in the areas of policy analysis and resource allocation to the Administrator, senior officials, and organizations in GSA.</P>
              <CITA>[51 FR 23230, June 26, 1986]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.142</SECTNO>
              <SUBJECT>Office of Public Affairs.</SUBJECT>
              <P>The Office of Public Affairs, headed by the Associate Administrator for Public Affairs, is responsible for the planning, implementation, and coordination of GSA public information and public events and employee communication activities, and managing and operating the Consumer Information Center.</P>
              <CITA>[51 FR 23230, June 26, 1986]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.143</SECTNO>
              <SUBJECT>Information Resources Management Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> The Information Resources Management Service (IRMS), headed by the Commissioner, Information Resources Management Service, was established as the Office of Information Resources Management on August 17, 1982 and subsequently redesignated as IRMS on November 17, 1985, by the Administrator of General Services. The Information Resources Management Service was assigned responsibility for administering the Governmentwide information resources management program, including records management, and procurement, management, and use of automatic data processing and telecommunications resources.</P>
              <P>(b) <E T="03">Functions.</E> IRMS is responsible for directing and managing Governmentwide programs for the procurement and use of automatic data processing (ADP), office information systems, and telecommunications equipment and services; developing and coordinating Governmentwide plans, policies, procedures, regulations, and publications pertaining to ADP; telecommunications and records management activities; managing and operating the Information Technology Fund; managing and operating the Federal Telecommunications System (FTS); planning and directing programs for improving Federal records and information management practices Governmentwide; managing and operating the Federal Information Centers; developing and overseeing GSA policy concerning automated information systems, equipment, and facilities; and providing policy and program direction for the GSA Emergency Preparedness and Disaster Support Programs.</P>
              <P>(c) <E T="03">Regulations.</E> Regulations pertaining to IRMS programs are published in 41 CFR chapter 201, Federal Information Resources Management Regulation (FIRMR), and 48 CFR chapters 1 and 5. Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[51 FR 23230, June 26, 1986, as amended at 52 FR 23657, June 24, 1987]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.144</SECTNO>
              <SUBJECT>Federal Property Resources Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> The Federal Property Resources Service (FPRS), headed by the Commissioner, Federal Property Resources Service, was established on July 18, 1978, by the Administrator of General Services to carry out the utilization and disposal functions for real and related personal property.<PRTPAGE P="175"/>
              </P>
              <P>(b) <E T="03">Functions</E>. FPRS is responsible for utilization surveys of Federal real property holdings; the reuse of excess real property; and the disposal of surplus real property.</P>
              <P>(c) <E T="03">Regulations.</E> Regulations pertaining to FPRS programs are published in 41 CFR chapter 1, 41 CFR chapter 101, subchapter H, and 48 CFR chapter 1. Information on availability of the regulations is provided in § 105-53.116</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.145</SECTNO>
              <SUBJECT>Federal Supply Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> The Federal Supply Service (FSS), headed by the Commissioner, FSS, was established on December 11, 1949, by the Administrator of General Services to supersede the Bureau of Federal Supply of the Department of the Treasury which was abolished by the Federal Property and Administrative Services Act of 1949. The Federal Supply Service has been known previously as the Office of Personal Property and the Office of Federal Supply and Services.</P>
              <P>(b) <E T="03">Functions.</E> FSS is responsible for determining supply requirements; procuring personal property and nonpersonal services; transferring excess (except ADP equipment) and donating and selling surplus personal property; managing GSA's Governmentwide transportation, traffic management, travel, fleet management, and employee relocation programs; auditing of transportation bills paid by the Government and subsequent settlement of claims; developing Federal standard purchase specifications and Commercial Item Descriptions; standardizing commodities purchased by the Federal Government; cataloging items of supply procured by civil agencies; and ensuring continuity of supply operations during defense emergency conditions.</P>
              <P>(c) <E T="03">Regulations.</E> Regulations pertaining to FSS programs are published in 41 CFR chapters 1 and 5; 41 CFR chapter 101, subchapters A, E, G, and H; and in 48 CFR chapters 1 and 5. Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[49 FR 24996, June 19, 1984, as amended at 51 FR 23230, June 26, 1986]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.146</SECTNO>
              <RESERVED>[Reserved]</RESERVED>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.147</SECTNO>
              <SUBJECT>Public Buildings Service.</SUBJECT>
              <P>(a) <E T="03">Creation and authority.</E> The Public Buildings Service (PBS), headed by the Commissioner, Public Buildings Service, was established on December 11, 1949, by the Administrator of General Services to supersede the Public Buildings Administration, which was abolished by the Federal Property and Administrative Services Act of 1949.</P>
              <P>(b) <E T="03">Functions.</E> PBS is responsible for the design, construction, management, maintenance, operation, alteration, extension, remodeling, preservation, repair, improvement, protection, and control of buildings, both federally owned and leased, in which are provided housing accommodations for Government activities; the acquisition, utilization, custody, and accountability for GSA real property and related personal property; representing the consumer interests of the Federal executive agencies before Federal and State rate regulatory commissions and providing procurement support and contracting for public utilities (except telecommunications); the Safety and Environmental Management Program -for GSA managed Government-owned -and-leased facilities; providing for the protection and enhancement of the cultural environment for federally owned sites, structures, and objects of historical, architectural, or archaeological significance; ensuring that Federal work space is used more effectively and efficiently; providing leadership in the development and maintenance of needed property management information systems for the Government; and coordination of GSA activities towards improving the environment, as required by the National Environmental Policy Act of 1959.</P>
              <P>(c) <E T="03">Regulations.</E> Regulations pertaining to PBS programs are published in 41 CFR chapter 1, 41 CFR chapter 101, subchapters D and H; and in 48 CFR chapter 1. Information on availability of the regulations is provided in § 105-53.116.</P>
              <CITA>[48 FR 25200, June 6, 1983, as amended at 49 FR 24996, June 19, 1984; 52 FR 23658, June 24, 1987]</CITA>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <PRTPAGE P="176"/>
            <HD SOURCE="HED">Subpart C—Regional Offices</HD>
            <SECTION>
              <SECTNO>§ 105-53.150</SECTNO>
              <SUBJECT>Organization and functions.</SUBJECT>
              <P>Regional offices have been established in 11 cities throughout the United States. Each regional office is headed by a Regional Administrator who reports to the Associate Administrator for Operations and Industry Relations. The geographic composition of each region is shown in § 105-53.151.</P>
              <CITA>[54 FR 26742, June 26, 1989]</CITA>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-53.151</SECTNO>
              <SUBJECT>Geographic composition, addresses, and telephone numbers.</SUBJECT>
            </SECTION>
            <SUBJGRP>
              <HD SOURCE="HED">Regional Offices—General Services Administration</HD>
              <HD SOURCE="HD2">Region and Address</HD>
            </SUBJGRP>
          </SUBPART>
          <EXTRACT>
            <P>No. 1. (Comprising the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont); Boston FOB, 10 Causeway Street, Boston, MA 02222. Telephone: 617-565-5860.</P>
            <P>No. 2. (Comprising the States of New Jersey and New York, the Commonwealth of Puerto Rico, and the Virgin Islands); 26 Federal Plaza, New York, NY 10278. Telephone: 212-264-2600.</P>
            <P>No. 3. (Comprising the States of Maryland, Virginia (except those jurisdictions within the National Capital Region boundaries), West Virginia, Pennsylvania, and Delaware); Ninth and Market Streets, Philadelphia, PA 19107. Telephone 215-597-1237.</P>
            <P>No. 4. (Comprising the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee); 75 Spring Street, SW., Atlanta, GA 30303. Telephone: 404-331-3200.</P>
            <P>No. 5. (Comprising the States of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin); 230 South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5395.</P>
            <P>No. 6. (Comprising the States of Iowa, Kansas, Missouri, and Nebraska); 1500 East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7201.</P>
            <P>No. 7. (Comprising the States of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas); 819 Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-2321.</P>
            <P>No. 8. (Comprising the States of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming); Building 41, Denver Federal Center, Denver, CO 80225. Telephone: 303-236-7329.</P>
            <P>No. 9. (Comprising Guam and the States of Arizona, California, Hawaii, and Nevada); 525 Market Street, San Francisco, CA 94105. Telephone : 415-974-9147.</P>
            <P>No. 10. (Comprising the States of Alaska, Idaho, Oregon, and Washington); GSA Center, Auburn, WA 98001. Telephone: 206-931-7000.</P>
            <P>National Capital Region. (Comprising the District of Columbia; Counties of Montgomery and Prince Georges in Maryland; and the City of Alexandria and the Counties of Arlington, Fairfax, Loudoun, and Prince William in Virginia); Seventh and D Streets, SW., Washington, DC 20407. Telephone: 202-472-1100.</P>
          </EXTRACT>
          <CITA>[51 FR 23231, June 26, 1986, as amended at 52 FR 23658, June 24, 1987; 53 FR 23762, June 24, 1988; 54 FR 26742, June 26, 1989]</CITA>
        </PART>
        <PART>
          <EAR>Pt. 105-54</EAR>
          <HD SOURCE="HED">PART 105-54—ADVISORY COMMITTEE MANAGEMENT</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-54.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-54.1—General Provisions</HD>
              <SECTNO>105-54.101</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <SECTNO>105-54.102</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-54.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <SECTNO>105-54.104</SECTNO>
              <SUBJECT>Responsibilities.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-54.2—Establishment of Advisory Committees</HD>
              <SECTNO>105-54.200</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-54.201</SECTNO>
              <SUBJECT>Proposals for establishing advisory committees.</SUBJECT>
              <SECTNO>105-54.202</SECTNO>
              <SUBJECT>Review and approval of proposals.</SUBJECT>
              <SECTNO>105-54.203</SECTNO>
              <SUBJECT>Advisory committee charters.</SUBJECT>
              <SECTNO>105-54.203-1</SECTNO>
              <SUBJECT>Preparation of charters.</SUBJECT>
              <SECTNO>105-54.203-2</SECTNO>
              <SUBJECT>Active charters file.</SUBJECT>
              <SECTNO>105-54.203-3</SECTNO>
              <SUBJECT>Submission to Library of Congress.</SUBJECT>
              <SECTNO>105-54.204</SECTNO>
              <SUBJECT>Advisory committee membership.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-54.3—Advisory Committee Procedures</HD>
              <SECTNO>105-54.300</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-54.301</SECTNO>
              <SUBJECT>Meetings.</SUBJECT>
              <SECTNO>105-54.302</SECTNO>
              <SUBJECT>Committee records and reports.</SUBJECT>
              <SECTNO>105-54.303</SECTNO>
              <SUBJECT>Fiscal and administrative provisions.</SUBJECT>
              <SECTNO>105-54.304</SECTNO>
              <SUBJECT>Cost guidelines.</SUBJECT>
              <SECTNO>105-54.305</SECTNO>
              <SUBJECT>Renewal of advisory committees.</SUBJECT>
              <SECTNO>105-54.306</SECTNO>
              <SUBJECT>Amendment of advisory committee charters.</SUBJECT>
              <SECTNO>105-54.307</SECTNO>
              <SUBJECT>Termination of advisory committees.</SUBJECT>
              <SECTNO>105-54.308</SECTNO>
              <SUBJECT>Responsibilities of the Administrator.</SUBJECT>
              <SECTNO>105-54.309</SECTNO>
              <SUBJECT>Added responsibilities of service and staff office heads and regional administrators.</SUBJECT>
              <SECTNO>105-54.310</SECTNO>
              <SUBJECT>Advisory committee duties of the GSA Committee Management Officer.</SUBJECT>
              <SECTNO>105-54.311</SECTNO>
              <SUBJECT>Complaint procedures.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <PRTPAGE P="177"/>
              <HD SOURCE="HED">Subpart 105-54.4—Reports</HD>
              <SECTNO>105-54.400</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <SECTNO>105-54.401</SECTNO>
              <SUBJECT>Reports on GSA Federal Advisory Committees.</SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>Pub. L. 92-463 dated October 6, 1972, as amended; and 5 U.S.C. 552.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>53 FR 40224, Oct. 14, 1988, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-54.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>This part sets forth policies and procedures in GSA regarding the establishment, operation, termination, and control of advisory committees for which GSA has responsibility. It implements the Federal Advisory Committee Act (Pub. L. 92-463), which authorizes a system governing the establishment and operation of advisory committees in the executive branch of the Federal Government, and Executive Order 11686 of October 7, 1972, which directs the heads of all executive departments and agencies to take appropriate action to ensure their ability to comply with the provisions of the Act.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.1—General Provisions</HD>
            <SECTION>
              <SECTNO>§ 105-54.101</SECTNO>
              <SUBJECT>Applicability.</SUBJECT>
              <P>This part 105-54 applies to all advisory committees for which GSA has responsibility. This part also applies to any committee that advises GSA officials even if the committee were not established for that purpose. This applicability, however, is limited to the period of the committee's use as an advisory body. This part does not apply to:</P>
              <P>(a) An advisory committee exempted by an Act of Congress;</P>
              <P>(b) A local civic group whose primary function is to render a public service in connection with a Federal program;</P>
              <P>(c) A State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies;</P>
              <P>(d) A 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>(e) A meeting with a group initiated by the President or one or more Federal official(s) for the sole purpose of exchanging facts or information;</P>
              <P>(f) A meeting initiated by a group with the President or one or more Federal official(s) for the purpose of expressing the group's views, provided that the President or Federal official(s) does not use the group recurrently as a preferred source of advice or recommendations;</P>
              <P>(g) A committee that 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 would be covered by the Act if it becomes primarily advisory in nature;</P>
              <P>(h) A 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, 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>(i) A meeting 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; and</P>
              <P>(j) A committee composed wholly of full-time officers or employees of the Federal Government.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.102</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>(a) The term “advisory committee” means any committee, board, commission, council, conference, panel, task force, or other similar group or any subcommittee thereof that is:</P>
              <P>(1) Established by statute,</P>
              <P>(2) Established or utilized by the President, or</P>
              <P>(3) Established or utilized by any agency official to obtain advice or recommendations that are within the scope of his/her responsibilies.</P>

              <FP>The term “advisory committee” excludes the Advisory Committee on Intergovernmental Relations and any <PRTPAGE P="178"/>committees composed wholly of full-time officers or employees of the Federal Government.</FP>
              <P>(b) “Presidential advisory committee” means any committee that advises the President. It may be established by the President or by the Congress, or may be used by the President to obtain advice or recommendations.</P>
              <P>(c) “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>(d) “Committee member” means an individual who serves by appointment on a committee and has the full right and obligation to participate in the activities of the committee, including voting on committee recommendations.</P>
              <P>(e) “Staff member” means any individual who serves in a support capacity to an advisory committee.</P>
              <P>(f) “Secretariat” means the General Services Administration's Committee Management Secretariat. Established pursuant to the Federal Advisory Committee Act, it 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>(g) “Utilized” (or used), as stated in the definition of “advisory committee” above, refers to a situation in which a GSA official adopts a committee or other group composed in whole or in part of other than full-time Federal officers or employees with an established existence outside GSA as a preferred source from which to obtain advice or recommendations on a specific issue or policy within the scope of his/her responsibilities in the same manner as that official would obtain advice or recommendations from an established advisory committee.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <P>The basic GSA policy on committee management is as follows:</P>
              <P>(a) Advisory committees will be formed or used by GSA only when specifically authorized by law, or by the President, or specifically determined as a matter of formal record by the Administrator of General Services to be in the public interest in connection with the performance of duties imposed on GSA by law;</P>
              <P>(b) Advisory committees will not be used to administer a function that is the assigned responsibility of a service or staff office;</P>
              <P>(c) The assigned responsibility of a GSA official may not be delegated to any committee;</P>
              <P>(d) No advisory committee may be used for functions that are not solely advisory unless specifically authorized by statute or Presidential directive. Making policy decisions and determining action to be taken with respect to any matter considered by an advisory committee is solely the responsibility of GSA; and</P>
              <P>(e) In carrying out its responsibilities, GSA will consult with and obtain the advice of interested groups substantially affected by its programs. The use of advisory committees for this purpose is considered to be in the public interest and necessary for the proper performance by GSA of its assigned functions.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.104</SECTNO>
              <SUBJECT>Responsibilities.</SUBJECT>
              <P>(a) Responsibility for coordination and control of committee management in GSA is vested in the Associate Administrator for Administration, who serves as the GSA Committee Management Officer (CMO). This Officer carries out the functions prescribed in section 8(b) of the Federal Advisory Committee Act. In doing so, the Officer controls and supervises the establishment, procedures, and accomplishments of GSA-sponsored advisory committees. The Organization and Productivity Improvement Division, Office of Management Services, Office of Administration, provides staff resources and furnishes the Staff Contact Person (SCP) to the CMO.</P>

              <P>(b) The Head of each Service and Staff Office and each Regional Administrator selects a Committee Management Officer (CMO) to coordinate and control committee management within the service, staff office, or regional office and to act as liaison to the GSA <PRTPAGE P="179"/>Committee Management Officer. The duties of the CMOs are as follows:</P>
              <P>(1) Assemble and maintain the reports, records, and other papers of any GSA-sponsored committee during its existence (Arrangements may be made, however, for the Government chairperson or other GSA representative to retain custody of reports, records, and other papers to facilitate committee operations. After the committee is terminated, all committee records are disposed of following existing regulations.); and</P>
              <P>(2) Under agency regulations in 41 CFR 105-60, carry out the provisions of 5 U.S.C. 552 with respect to the reports, records, and other papers of GSA-sponsored advisory committees.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.2—Establishment of Advisory Committees</HD>
            <SECTION>
              <SECTNO>§ 105-54.200</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart prescribes the policy and procedures for establishing advisory committees within GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.201</SECTNO>
              <SUBJECT>Proposals for establishing advisory committees.</SUBJECT>
              <P>(a) The Administrator approves the establishment of all GSA Federal Advisory Committees.</P>
              <P>(b) When it is decided that it is necessary to establish a committee, the appropriate Head of the Service or Staff Office (HSSO) must consider the functions of similar committees in GSA to ensure that no duplication of effort will occur.</P>
              <P>(c) The HSSO proposes the establishment of a Central Office or regional advisory committee within the scope of assigned program responsibilities. In doing so, the HSSO assures that advisory committees are established only if they are essential to the conduct of agency business. Advisory committees are established only if there is a compelling need for the committees, the committees have a truly balanced membership, and the committees conduct their business as openly as possible under the law and their mandate. Each proposal is submitted to the GSA Committee Management Officer for review and coordination and includes:</P>
              <P>(1) A letter addressed to the Committee Management Secretariat signed by the HSSO with information copies for the Administrator, Deputy Administrator, the Associate Administrator for Congressional and Industry Relations, and the Special Counsel for Ethics and Civil Rights, describing the nature and purpose of the proposed advisory committee; why it is essential to agency business and in the public interest; why its functions cannot be performed by an existing committee of GSA, by GSA, or other means such as a public hearing; and the plans to ensure balanced membership;</P>
              <P>(2) A notice for publication in the <E T="04">Federal Register</E> containing the Administrator's certification that creation of the advisory committee is in the public interest and describing the nature and purpose of the committee; and</P>
              <P>(3) A draft charter for review by the Committee Management Secretariat.</P>
              <P>(d) Subcommittees that do not function independently of the full or parent advisory committee need not follow the requirements of paragraph (c) of this section. However, they are subject to all other requirements of the Federal Advisory Committee Act.</P>
              <P>(e) The requirements of paragraphs (a) through (c) of this section apply to any subcommittee of a chartered committee, whether its members are drawn in whole or in part from the full or parent advisory committee, that functions independently of the parent advisory committee, such as by making recommendations directly to a GSA official rather than for consideration by the chartered advisory committee.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.202</SECTNO>
              <SUBJECT>Review and approval of proposals.</SUBJECT>

              <P>(a) The GSA Committee Management Officer reviews each proposal to make sure it conforms with GSA policies and procedures. The Officer sends the letter of justification, including the draft charter, to the Committee Management Secretariat. The Secretariat reviews the proposal and provides its views within 15 calendar days of receipt, if possible. The Administrator retains final authority for establishing a particular advisory committee.<PRTPAGE P="180"/>
              </P>

              <P>(b) When the Secretariat notifies the Officer that establishing the committee conforms with the Federal Advisory Committee Act, the Officer obtains the Administrator's approval of the charter and the <E T="04">Federal Register</E> notice. The Officer publishes the notice in the <E T="04">Federal Register</E> at least 15 calendar days before the filing of the charter under § 105-54.203 with the standing committees of the Senate and the House of Representatives having legislative jurisdiction over GSA. The date of filing constitutes the date of establishment.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203</SECTNO>
              <SUBJECT>Advisory committee charters.</SUBJECT>
              <P>No advisory committee may operate, meet, or take any action until the Administrator approves its charter and the Committee Management Officer sends a copy of it to the standing committees of the Senate and the House of Representatives having legislative jurisdiction over GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203-1</SECTNO>
              <SUBJECT>Preparation of charters.</SUBJECT>
              <P>Each committee charter contains the following information:</P>
              <P>(a) The committee's official designation;</P>
              <P>(b) The committee's objectives and the scope of its activities;</P>
              <P>(c) The period of time necessary for the committee to carry out its purpose (if the committee is intended to function as a standing advisory committee, this should be made clear);</P>
              <P>(d) The official to whom the committee reports, including the official's name, title, and organization;</P>
              <P>(e) The agency and office responsible for providing the necessary support for the committee;</P>
              <P>(f) A description of the duties for which the committee is responsible (if the duties are not solely advisory, the statutory or Presidential authority for additional duties shall be specified);</P>
              <P>(g) The estimated annual operating costs in dollars and person-years for the committee;</P>
              <P>(h) The estimated number and frequency of committee meetings;</P>
              <P>(i) The committee's termination date, if it is less than 2 years from the date of its establishment; and</P>
              <P>(j) The date the charter is filed. This date is inserted by the GSA Committee Management Officer after the Administrator approves the charter.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203-2</SECTNO>
              <SUBJECT>Active charters file.</SUBJECT>
              <P>The GSA Committee Management Officer retains each original signed charter in a file of active charters.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.203-3</SECTNO>
              <SUBJECT>Submission to Library of Congress.</SUBJECT>
              <P>The GSA Committee Management Officer furnishes a copy of each charter to the Library of Congress when or shortly after copies are filed with the requisite committees of the Congress. Copies for the Library are addressed: Library of Congress, Exchange and Gift Division, Federal Documents Section, Federal Advisory Committee Desk, Washington, DC 20540.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.204</SECTNO>
              <SUBJECT>Advisory committee membership.</SUBJECT>

              <P>(a) Advisory committees that GSA establishes represent the points of view of the profession, industry, or other group to which it relates, taking into account the size, function, geographical location, affiliation, and other considerations affecting the character of a committee. To ensure balance, the agency considers for membership a cross-section of interested persons and groups with professional or personal qualifications or experience to contribute to the functions and tasks to be performed. This should be construed neither to limit the participation nor to compel the selection of any particular individual or group to obtain different points of view relevant to committee business. The Administrator designates members, alternates, and observers, as appropriate, of advisory committees. He/she designates a Federal officer or employee to chair or attend each meeting of each advisory committee. The Administrator also designates GSA employees to serve on advisory committees sponsored by other Government agencies. The HSSO or Regional Administrator submits nominations and letters of designation for the Administrator's signature to <PRTPAGE P="181"/>the GSA Committee Management Officer and to the Special Counsel for Ethics and Civil Rights for review and forwarding to the Administrator.</P>
              <P>(b) Discrimination is prohibited on the basis of race, color, age, national origin, religion, sex, or mental and physical handicap in selecting advisory committee members.</P>
              <P>(c) Nominees for membership must submit a Statement of Employment and Financial Interests (provided to the nominee by the HSSO or Regional Administrator) and may not be appointed until cleared by the Designated Agency Ethics Official.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.3—Advisory Committee Procedures</HD>
            <SECTION>
              <SECTNO>§ 105-54.300</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart sets forth the procedures that will be followed in the operation of advisory committees within GSA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.301</SECTNO>
              <SUBJECT>Meetings.</SUBJECT>
              <P>(a) Each GSA advisory committee meeting is open to the public unless the Administrator decides otherwise;</P>
              <P>(b) Each meeting is held at a reasonable time and in a place reasonably accessible to the public;</P>
              <P>(c) The meeting room size is sufficient to accommodate committee members, committee or GSA staff, and interested members of the public;</P>
              <P>(d) Any private citizen is permitted to file a written statement with the advisory committee;</P>
              <P>(e) Any private citizen is permitted to speak at the advisory committee meeting, at the chairperson's discretion;</P>
              <P>(f) All persons attending committee meetings at which classified information will be considered are required to have an adequate security clearance;</P>
              <P>(g) The Designated Federal Officer (who may be either full time or permanent part-time) for each advisory committee and its subcommittees does the following:</P>
              <P>(1) Approves or calls the meetings of the advisory committee;</P>
              <P>(2) Approves the meeting agenda, which lists the matters to be considered at the meeting and indicates whether any part of the meeting will be closed to the public under the Government in the Sunshine Act (5 U.S.C. 552b(c)). Ordinarily, copies of the agenda are distributed to committee members before the date of the meeting;</P>
              <P>(3) Attends all meetings (no part of a meeting may proceed in the Designated Federal Officer's absence);</P>
              <P>(4) Adjourns the meeting when he or she determines that adjournment is in the public interest; and</P>
              <P>(5) Chairs the meeting when asked to do so.</P>
              <P>(h) The Committee Chairperson makes sure that detailed minutes of each meeting are kept and certifies to their accuracy. The minutes 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) Private citizens who presented oral or written statements;</P>
              <P>(3) The estimated number of private citizens present;</P>
              <P>(4) An accurate description of each matter discussed and the resolution of the matter, if any; and</P>
              <P>(5) Copies of each report or other document the committee received, issued, or approved.</P>

              <P>(i) The responsible HSSO or the Regional Administrator publishes at least 15 calendar days before the meeting a notice in the <E T="04">Federal Register</E> that includes:</P>
              <P>(1) The name of the advisory committee as chartered;</P>
              <P>(2) The time, date, place, and purpose of the meeting;</P>
              <P>(3) A summary of the agenda; and</P>
              <P>(4) A statement whether all or part of the meeting is open to the public of closed; and if closed, the reasons why, and citing the specific exemptions of the Government is the Sunshine Act (5 U.S.C. 552b) as the basis for closure;</P>

              <P>(j) In exceptional circumstances and when approved by the General Counsel or designee, less than 15 calendar days notice may be given, provided the reasons for doing so are included in the committee meeting notice published in the <E T="04">Federal Register</E>;</P>
              <P>(k) Notices to be published in the <E T="04">Federal Register</E> are submitted to the Federal Register Liaison Officer <PRTPAGE P="182"/>(CAID). At least five workdays are needed for printing of the notice;</P>

              <P>(l) Meetings may also be announced by press release, direct mail, publication in trade and professional journals, or by notice to special interest and community groups affected by the Committee's deliberations. This procedure cannot be a substitute for <E T="04">Federal Register</E> publication;</P>

              <P>(m) The fact that a meeting may be closed to the public under the exemptions of the Government in the Sunshine Act does not relieve GSA of the requirement to publish a notice of it in the <E T="04">Federal Register</E>. The Administrator may authorize an exception to this requirement for reasons of national security if the HSSO requests it at least 30 calendar days before the meeting, with the concurrence of the General Counsel of designee.</P>

              <P>(n) An advisory committee meeting is not open to the public, nor is the attendance, appearance, or filing of statements by interested persons permitted, if the Administrator decides that the meeting is exempted under the Government in the Sunshine Act (5 U.S.C. 552b (c)) and there is sufficient reason to invoke the exemption. If only part of the meeting concerns exempted matters, only that part is closed. The HSSO or Regional Administrator submits any decisions concerning the closing of meetings in writing to the Administrator for approval at least 30 calendar days in advance of the meeting. These decisions clearly set forth the reasons for doing so, 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>. They are made available to the public on request. The Administrator may waive the 30-day requirement when a lesser period of time is requested and adequately justified.</P>

              <P>(o) If any meeting or portion of a meeting is closed to public attendance, the advisory committee issues a report at lease annually setting forth a summary of its activities and such related matters as would be informative to the public, consistent with the policy of 5 U.S.C. 552(b). Notice of the availability of the report and instructions on how to gain access to it are published in the <E T="04">Federal Register</E> no later than 60 days after its completion. In addition, copies of the report are filed with the Library of Congress.</P>
              <P>(p) The General Counsel reviews all requests to close meetings.</P>

              <P>(q) The HSSO or Regional Administrator publishes the meeting notices in the <E T="04">Federal Register,</E> including the reasons why all or part of the meeting is closed, citing the specified exemptions used from the Government in the Sunshine Act.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.302</SECTNO>
              <SUBJECT>Committee records and reports.</SUBJECT>
              <P>(a) Subject to the Freedom of Information Act (5 U.S.C. 552), the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents that were available to or prepared for or by a GSA advisory committee are available (until the committee ceases to exist) for public inspection and copying in the office of the Government Chairperson or Designated Federal Officer. Requests to inspect or copy these records are processed under 41 CFR 105-60.4. Except where prohibited by a contract entered into before January 5, 1973, copies of transcripts, if any, of committee meetings are made available by the Government chairperson or Designated Federal Officer to any person at the cost of duplication. After the committee's work ends, disposition of the committee documents and the release of information from them are made in accordance with Federal records, statutes, and regulations.</P>
              <P>(b) Subject to 5 U.S.C. 552(b) and instructions of the Committee Management Secretariat, the Government chairperson or Designated Federal Officer files at least eight copies of each report an advisory committee makes, including any report on closed meetings with the Library of Congress at the time of its issuance. Where appropriate, the chairperson also files copies of background papers that consultants to the advisory committee prepare with the Library of Congress. The transmittal letter identifies the materials being furnished, with a copy of the transmittal provided to the GSA Committee Management Officer.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="183"/>
              <SECTNO>§ 105-54.303</SECTNO>
              <SUBJECT>Fiscal and administrative provisions.</SUBJECT>
              <P>(a) Each HSSO and each Regional Administrator ensures that under established GSA procedures, records are kept that fully disclose the disposition of funds at the disposal of an advisory committee and the nature and extent of the committee's activities.</P>
              <P>(b) When GSA is assigned to provide administrative support for a Presidential advisory committee, the Agency Liaison Coordinator in the Office of the Deputy Regional Administrator, National Capital Region, as a part of its support, arranges with the Office of Finance, Office of the Comptroller, for maintaining all financial records.</P>
              <P>(c) Unless otherwise provided in a Presidential order, statute, or other authority, the GSA service or staff office sponsoring an advisory committee provides support services for the committee.</P>
              <P>(d) The guidelines in paragraph (e) through (l) of this section are established under section 7(d) of the Federal Advisory Committee Act, 86 Stat. 773. They apply to the pay of members, staff, and consultants of an advisory committee, except that nothing in this paragraph will affect a rate of pay or a limitation on a rate of pay that is established by statute or a rate of pay established under the General Schedule classification and pay system in Chapter 51 and Subchapter III of Chapter 53 of Title 5, U.S.C.</P>
              <P>(e) The members of GSA advisory committee established pursuant to the Administrator's authority under section 205(g) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(g)), are not compensated, since, by law, members so appointed shall service without compensation. A person who (without regard to his or her service with an advisory committee) is a full-time Federal employee will normally receive compensation at the rate at which he or she would otherwise be compensated.</P>
              <P>(f) When required by law, the pay of the members of GSA advisory committees will be fixed 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 as provided in paragraph (h) of this section. In determining an appropriate rate of pay for the members, GSA must 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. GSA 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 Administrator 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 Administrator annually. Accordingly, the Administrator 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 GSA 18, as provided in 5 U.S.C. 5332.</P>
              <P>(g) The pay of each staff member of an advisory committee is fixed at a rate of the General Schedule, General Management Schedule, or Senior Executive Service pay rate in which the staff member's position would be placed (5 U.S.C. Chapter 51). GSA cannot fix the pay of a staff member higher than the daily equivalent of the maximum rate for GS-15 unless the Administrator decides that under the General Schedule, General Management Schedule, or Senior Executive Service classification system, the staff member's position should be higher than GS-15. The Administrator must review this decision annually.</P>
              <P>(1) In establishing compensation rates, GSA must comply with applicable statutes, regulations, Executive Orders, and administrative guidelines.</P>
              <P>(2) A staff member who is a Federal employee serves with the knowledge of the Designated Federal Officer and the approval of the employee's direct supervisor. A staff member who is a non-Federal employee is appointed under agency procedures, after consultation with the advisory committee.</P>

              <P>(h) The pay of a consultant to an advisory committee will be fixed after giving consideration to the qualifications required of the consultant and the significance, scope, and technical complexity of the work. The rate of <PRTPAGE P="184"/>pay will not exceed the maximum rate of pay which the agency may pay experts and consultants under 5 U.S.C. 3109 and must be in accordance with any applicable statutes, regulations, Executive Orders, and administrative guidelines.</P>
              <P>(i) Advisory committee and staff members, while performing their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem instead of subsistence, as authorized by 5 U.S.C. 5703 for persons employed intermittently in the Government service.</P>
              <P>(j) Members of an advisory committee and its staff who are blind or deaf or who otherwise qualify as handicapped persons (under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and who do not otherwise qualify for assistance under 5 U.S.C. 3102, as an employee of an agency (under section 3102(a)(1) of Title 5), may be provided the services of a personal assistant.</P>
              <P>(k) Under this paragraph, GSA may accept the gratuitous services of a member, consultant, or staff member of an advisory committee who agrees in advance to serve without compensation.</P>
              <P>(l) A person who immediately before his or her service with an advisory committee was a full-time Federal employee may receive compensation at the rate at which he or she was compensated as a Federal employee.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.304</SECTNO>
              <SUBJECT>Cost guidelines.</SUBJECT>
              <P>(a) The reporting and estimating of the costs of advisory committees include direct obligations for the following items:</P>
              <P>(1) Pay compensation of committee members; consultants to the committee; all permanent, temporary, or part-time (GM, GS, WB, or other) positions which are a part of or support the committee; and all overtime related to committee functions (Compensation should reflect actual or estimated Federal person-years or parts thereof devoted to a committee's activities. It includes the compensation of Federal employees assigned to committees, on a reimbursable or nonreimbursable basis, from agencies or departments other than to which the committee reports.);</P>
              <P>(2) Personnel benefits associated with the above compensation (13 percent of basic payroll);</P>
              <P>(3) Travel costs (including per diem) of committee members; consultants; and all permanent, temporary, or part-time positions which are a part of or support the committee;</P>
              <P>(4) Transportation of things, communications, and printing and reproduction;</P>
              <P>(5) Rent for additional space acquired for committee use;</P>
              <P>(6) Other services required by the committee, including data processing services, management studies and evaluations, contractual services, and reimbursable services; and</P>
              <P>(7) Supplies, materials, and equipment acquired for committee use.</P>
              <P>(b) The reporting and estimating of the cost of advisory committees does not include indirect or overhead costs; e.g., the costs of the committee management system (committee management officers, etc.).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.305</SECTNO>
              <SUBJECT>Renewal of advisory committees.</SUBJECT>
              <P>(a) Each advisory committee being continued is renewed for successive 2-year periods beginning with the date when it was established according to the following, except for statutory advisory committees: (For renewal of statutory advisory committees, see paragraph (b) of this section.)</P>
              <P>(1) Advisory committees are not renewed unless there is a compelling need for them, they have balanced membership, and they conduct their business as openly as possible under the law.</P>
              <P>(2) The renewal of a committee requires that the responsible HSSO submit to the GSA Committee Management Officer the following:</P>
              <P>(i) An updated charter with an explanation of the need for the renewal of the committee. The charter and explanation are furnished 60 calendar days before the 2-year anniversary date of the committee.);</P>

              <P>(ii) A letter signed by the HSSO to the Director, Committee Management Secretariat, with information copies to the Administrator and the Deputy Administrator, setting forth:<PRTPAGE P="185"/>
              </P>
              <P>(A) An explanation of why the committee is essential to the conduct of agency business and is in the public interest;</P>
              <P>(B) GSA's plan to attain balanced membership of the committee; and</P>
              <P>(C) An explanation of why the committee's functions cannot be performed by GSA, another existing GSA advisory committee, or other means such as a public hearing;</P>
              <P>(iii) A notice for publication in the <E T="04">Federal Register</E> describing the nature and purpose of the committee and containing a certification by the Administrator that renewing the advisory committee is in the public interest.</P>

              <P>(3) On receiving the above documents, the GSA Committee Management Officer submits the renewal letter to the Committee Management Secretariat not more than 60 calendar days nor less than 30 days before the committee expires. Following receipt of the Committee Management Secretariat's views on the committee renewal, the Officer obtains the Administrator's approval of the charter and the <E T="04">Federal Register</E> notice. The Officer publishes notice of the renewal in the <E T="04">Federal Register</E> and files copies of the updated charter. The 15-day notice requirement does not apply to committee renewals, notices of which may be published concurrently with the filing of the charter.</P>
              <P>(b) Each statutory advisory committee is renewed by the filing of a renewal charter upon the expiration of each successive 2-year period following the date of enactment of the statute establishing the committee according to the following:</P>

              <P>(1) The procedures in paragraph (a)(2) of this section apply to the renewal of a statutory committee except that neither prior consultation with the Committee Management Secretariat nor a <E T="04">Federal Register</E> notice is required. Accordingly, the letter that paragraph a(2)(ii) requires is sent to the Administrator rather than the Committee Mangement Secretariat. Due to the nature of a committee the law established, the explanation of the need to continue the committee's existence is less extensive than the explanation for the continuation of a non-statutory committee; and</P>
              <P>(2) The GSA Committee Management Officer provides the Committee Management Secretariat with a copy of the filed charter.</P>
              <P>(c) An advisory commitee required to file a new charter may not take any action other than preparing the charter between the date it is to be filed and the date it is actually filed.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.306</SECTNO>
              <SUBJECT>Amendment of advisory committee charters.</SUBJECT>
              <P>(a) A charter is amended when GSA decides 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 committee or modifying the estimated number or frequency of meetings, or they may be major dealing with the basic objectives or composition of the committee. The Administrator retains final authority for amending the charter of an advisory committee. Amending an existing advisory committee charter does not constitute renewal of the committee.</P>
              <P>(b) To make a minor amendment, the Administrator approves the amended charter and has it filed according to § 105-54.203-1.</P>
              <P>(c) To make a major amendment, the Committee Management Officer submits an amended charter and a letter to the Committee Management Secretariat, signed by the HSSO with the concurrence of the General Counsel or designee, requesting the Secretariat's views on the amended language, along with an explanation of the purpose of the changes and why they are necessary. The Secretariat reviews the proposed changes and notifies the Committee Management Officer of its views within 15 calendar days of receiving it, if possible. The Administrator has the charter filed according to § 105-54.203-1.</P>
              <P>(d) Amending an existing charter does not constitute renewal of the committee.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.307</SECTNO>
              <SUBJECT>Termination of advisory committees.</SUBJECT>

              <P>(a) The sponsoring HSSO terminates an advisory commitee that has fulfilled the purpose stated in its charter. The official takes action to rescind any existing orders relating to the committee and to notify committee members, the <PRTPAGE P="186"/>GSA Committee Management Officer, and the Committee Management Secretariat of the termination.</P>
              <P>(b) Failing to continue an advisory committee by the 2-year anniversary date terminates the committee, unless its duration is provided for by law.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.308</SECTNO>
              <SUBJECT>Responsibilities of the Administrator.</SUBJECT>
              <P>The Administrator must ensure:</P>
              <P>(a) Compliance with the Federal Advisory Committee Act and this chapter;</P>
              <P>(b) Issuance of administrative guidelines and management controls that apply to all advisory committees established or used by the agency;</P>
              <P>(c) Designation of a Committee Management Officer to carry out the functions specified in section 89(b) of the Federal Advisory Committee 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) The appointment of a Designated Federal Officer for each advisory committee and its subcommittee;</P>
              <P>(g) The opportunity for reasonable public participation in advisory committee activities; and</P>
              <P>(h) That the number of committee members is limited to the fewest necessary to accomplish committee objectives.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.309</SECTNO>
              <SUBJECT>Added responsibilities of service and staff office heads and regional administrators.</SUBJECT>
              <P>(a) No later than the first meeting of an advisory committee, submit to committee members, committee staff, consultants, and appropriate agency management personnel a written statement of the purpose, objectives, and expected accomplishments of the committee;</P>
              <P>(b) Solicit in writing or in a formal meeting at least annually the views of committee members on the effectiveness, activities, and management of the committee, including recommendations for improvement. Review comments to determine whether improvements or corrective action is warranted. Retain recommendations until the committee is terminated or renewed.</P>
              <P>(c) Involve key management personnel of the agency whose interests are affected by the committee in committee meetings, including reviewing reports and establishing agendas.</P>
              <P>(d) Periodically, but not less than annually, review the level of committee staff suport to make sure that expenditures are justified by committee activity and benefit to the Government.</P>
              <P>(e) Monitor the attendance and participation of committee members and consider replacing any member who misses a substantial number of scheduled meetings.</P>
              <P>(f) Establish meeting dates and distribute agendas and other materials well in advance.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.310</SECTNO>
              <SUBJECT>Advisory committee duties of the GSA Committee Management Officer.</SUBJECT>
              <P>In addition to implementing the provisions of section 8(b) of the Federal Advisory Committee Act, the GSA Committee Management Officer carries out all responsibilities delegated by the Administrator. The Officer ensures that sections 10(b), 12(a), and 13 of the Act are implemented by GSA to provide for appropriate record keeping. 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 GSA's portion of the Annual Report of Federal Advisory Committees.</P>
              <P>(c) Guidelines on committee management operations and procedures as maintained and updated; and</P>
              <P>(d) Determinations to close advisory committee meetings.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.311</SECTNO>
              <SUBJECT>Complaint procedures.</SUBJECT>
              <P>(a) Any person whose request for access to an advisory committee document is denied may seek administrative review under 41 CFR 105-60, which implements the Freedom of Information Act. (See GSA Order, GSA regulations under the “Freedom of Information Act” (ADM 7900.3A).)</P>

              <P>(b) Aggrieved individuals or organizations may file written complaints on <PRTPAGE P="187"/>matters not involving access to documents with the Deputy Administrator, General Services Administration, Washington, DC 20405. Complaints must be filed within 90 calendar days from the date the grievance arose. The Deputy Administrator promptly acts on each complaint and notifies the complainant in writing of the decision.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-54.4—Reports</HD>
            <SECTION>
              <SECTNO>§ 105-54.400</SECTNO>
              <SUBJECT>Scope of subpart.</SUBJECT>
              <P>This subpart sets forth the reports required by this part 105-54 and prescribes instructions for submission of the reports.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-54.401</SECTNO>
              <SUBJECT>Reports on GSA Federal Advisory Committees.</SUBJECT>
              <P>(a) The Committee Management Secretariat periodically issues reporting instructions and procedures. The GSA Committee Management Officer files a report each fiscal year providing program, financial, and membership information. The Secretariat uses the information in preparing recommendations and status reports on advisory committee matters and in assisting the President in preparing and submitting a fiscal year report to the Congress. Instructions for preparing GSA's submission are provided by the GSA Committee Management Officer.</P>
              <P>(b) Reports on closed meetings are required as specified in § 105-54.301(o).</P>
            </SECTION>
          </SUBPART>
        </PART>
        <PART>
          <EAR>Pt. 105-55</EAR>
          <HD SOURCE="HED">PART 105-55—COLLECTION OF CLAIMS OWED THE UNITED STATES</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-55.001</SECTNO>
            <SUBJECT>Background.</SUBJECT>
            <SECTNO>105-55.002</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SECTNO>105-55.003</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>
            <SECTNO>105-55.004</SECTNO>
            <SUBJECT>Demand for payment.</SUBJECT>
            <SECTNO>105-55.005</SECTNO>
            <SUBJECT>Interest, administrative charges, and penalty charges.</SUBJECT>
            <SECTNO>105-55.006</SECTNO>
            <SUBJECT>Responsibility for collection.</SUBJECT>
            <SECTNO>105-55.007</SECTNO>
            <SUBJECT>Collection by offset.</SUBJECT>
            <SECTNO>105-55.008</SECTNO>
            <SUBJECT>Settlement of claims.</SUBJECT>
            <SECTNO>105-55.009</SECTNO>
            <SUBJECT>Referral for litigation.</SUBJECT>
            <SECTNO>105-55.010</SECTNO>
            <SUBJECT>Disclosure to credit reporting agencies and referrals to collection agencies.</SUBJECT>
            <SECTNO>105-55.011</SECTNO>
            <SUBJECT>Credit report.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>31 U.S.C. 3701-3719; Pub. L. 97-365, 96 Stat. 1754.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>50 FR 37531, Sept. 16, 1985, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-55.001</SECTNO>
            <SUBJECT>Background.</SUBJECT>
            <P>The Department of Justice and the General Accounting Office have jointly issued amended Federal Claims Collection Standards (4 CFR parts 101-105) which reflect changes to the Federal Claims Collection Act of 1966 (31 U.S.C. 3701-3719) made by the passage of the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1754). The preamble to the amended Federal Claims Collection Standards instructs individual agencies to adopt their own regulations as to detailed procedures in furtherance of the Federal Claims Collection Standards. Additionally, the Debt Collection Act of 1982 directs, as reflected in the Federal Claims Collection Standards, that each agency must prescribe regulations on collecting by administrative offset and that each agency may prescribe regulations identifying circumstances appropriate to waive collection of interest and charges in conformity with the Federal Claims Collection Standards.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.002</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>In keeping with the suggestion in the preamble to the amended Federal Claims Collection Standards and the directives in the Debt Collection Act of 1982 and the Federal Claims Collection Standards as to administrative offset and the collection of interest and charges, this part provides procedures for the General Services Administration to collect, compromise, or terminate collection action on claims owed to the United States arising from activities under GSA jurisdiction. It implements the Federal Claims Collection Act as amended by the Debt Collection Act. It supplements the regulations published jointly by the General Accounting Office and the Department of Justice. It sets forth procedures by which GSA:</P>
            <P>(a) Will collect claims owed to the United States;</P>
            <P>(b) Will determine and collect interest and other charges on those claims;</P>
            <P>(c) Will compromise claims; and</P>
            <P>(d) Will refer unpaid claims for litigation.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.003</SECTNO>
            <SUBJECT>Applicability.</SUBJECT>

            <P>(a) This part applies to all claims due the United States under the Federal <PRTPAGE P="188"/>Claims Collection Act, as amended by the Debt Collection Act, arising from activities under the jurisdiction of the General Services Administration, except for the collection by administrative offset of those claims arising out of contracts subject to the Contracts Disputes Act of 1982, 41 U.S.C. 601 et. seq. The word “claims” includes but is not limited to amounts due the United States from fees, overpayments, fines, civil penalties, damages, interest and other sources.</P>
            <P>(b) Claims arising from the audit of transportation accounts pursuant to 31 U.S.C. 3726 shall be determined, collected, compromised, terminated or settled in accordance with regulation published under the authority of 31 U.S.C. 3726 (see 41 CFR part 101-41, administered by the Director, Office of Transportation Audits) and are otherwise excepted from these regulations.</P>
            <CITA>[50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8, 1987]</CITA>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.004</SECTNO>
            <SUBJECT>Demand for payment.</SUBJECT>
            <P>(a) A total of three progressively stronger written demands at approximately 30-day intervals will normally be made, unless a response or other information indicates that additional written demands would either be unnecessary or futile. When necessary to protect the Government's interest, written demand may be preceded by other appropriate actions under the Federal Claims Collection Standards, including immediate referral for litigation and/or offset.</P>
            <P>(b) The initial written demand for payment shall inform the debtor of:</P>
            <P>(1) The basis for the claim;</P>
            <P>(2) The amount of the claim;</P>
            <P>(3) The date when payment is due; (30 days from date of mailing or hand delivery of the initial demand for payment);</P>
            <P>(4) The provision for interest, penalties, and administrative charges in accordance with 31 U.S.C. 3717, if payment is not received by the due date (See § 105-55.005 for details regarding interest, administrative charges, and penalty charges.)</P>
            <P>(5) The intent of the agency to collect by administrative offset, including asking the assistance of other Federal agencies to help in the offset whenever possible, if the debtor has not made payment by the payment due date, has not requested a review of the claim within the agency as set out in paragraph (b)(8) of this section or has not made an arrangement for payment by the payment due date;</P>
            <P>(6) The right of the debtor to inspect and copy the records of the agency related to the claim. Any costs associated therewith shall be borne by the debtor. The debtor shall give reasonable notice in advance to the agency of the date upon which it intends to inspect and copy the records involved;</P>
            <P>(7) The right of the debtor to a review of the claim within the agency. If the claim is disputed in full or part, the debtor shall respond to the demand in writing by making a request for a review of the claim within the agency by the payment due date stated in the demand. The debtor's written response shall state the basis for the dispute. If only part of the claim is disputed, the undisputed portion should be paid by the date stated in the initial demand. The agency shall acknowledge receipt of the request for a review, and upon completion of consideration shall notify the debtor whether its determination has been sustained, amended, or canceled within 15 days of the receipt of the request for a review. If the agency either sustains or amends its determination, it shall notify the debtor of its intent to collect by administrative offset unless payment is received within 15 days of the mailing of the notification of its decision following a review of the claim.</P>

            <P>(8) The right of the debtor to offer to make a written agreement to repay the amount of the claim. The acceptance of such an agreement is discretionary with the agency. If the debtor requests a repayment arrangement because a payment of the amount due would create a financial hardship, the appropriate GSA Regional Finance Division will analyze the debtor's financial condition. Dependent upon the Regional Finance Division's evaluation of the financial strength of the debtor, the Comptroller or the appropriate designee and the debtor may agree to a written installment repayment schedule. The debtor shall execute a confess-judgment note which specifies all of <PRTPAGE P="189"/>the terms of the arrangement. The size and frequency of installment payments should bear a reasonable relation to the size of the debt and the debtor's ability to pay. Interest, administrative charges, and penalty charges shall be provided for in the note. The debtor shall be provided with a written explanation of the consequences of signing a confess-judgment note. The debtor shall sign a statement acknowledging receipt of the written explanation which shall recite that the statement was read and understood before execution of the notice and that the note is being signed knowingly and voluntarily. Some form of objective evidence of these facts should be maintained in the agency's file on the debtor.</P>
            <P>(c) If no response to the demand is received by the date stated in the demand, GSA will take further action under this subpart or under the Federal Claims Collection Standards. These actions may include reports to credit bureaus, referrals to collection agencies, termination of contract, debarment, offset of Federal salary, and other administrative offset, as authorized in 31 U.S.C. 3701-3719.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.005</SECTNO>
            <SUBJECT>Interest, administrative charges, and penalty charges.</SUBJECT>
            <P>(a) GSA shall assess interest on unpaid claims at the rate of the current value of funds to the Treasury as prescribed by the Secretary of the Treasury on the date interest begins to run. GSA shall assess administrative charges to cover the costs of processing and handling overdue claims. GSA shall assess penalty charges of six percent a year on any part of a debt more than 90 days past due. The imposition of interest, administrative charges, and penalty charges are made in accordance with 31 U.S.C. 3717.</P>
            <P>(b) Interest will be computed from the date of <E T="03">mailing</E> or <E T="03">hand delivery</E> of the initial demand if the amount of the claim is not paid within 30 days. The 30-day period may be extended in individual cases if there is good cause to do so and it is in the public interest. Interest will only be computed on the principal of the claim and the interest rate will remain fixed for the duration of the indebtedness, except where a debtor has defaulted on a repayment agreement and seeks to enter into a new agreement. A new rate which reflects the current value of funds to the Treasury at the time the new agreement is executed may be set if applicable and interest on interest and related charges may be charged where the debtor has defaulted on a previous repayment agreement. Charges which accrued but were not collected under the defaulted agreement shall be added to the principal to be paid under the new repayment schedule.</P>
            <P>(c) GSA may waive interest, administrative charges, or penalty charges if it finds that:</P>
            <P>(1) The debtor is unable to pay any significant sum toward the claim within a reasonable period of time;</P>
            <P>(2) Collection of interest, administrative charges, or penalty charges will jeopardize collection of the principal of the claim; or</P>
            <P>(3) It is otherwise in the best interests of the United States, including the situation where an offset or installment payment agreement is in effect.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.006</SECTNO>
            <SUBJECT>Responsibility for collection.</SUBJECT>
            <P>(a) Heads of Central Office Services and Staff Offices and Regional Administrators must initiate actions on claims arising from their program operations and immediately notify the appropriate Regional Finance Division. A claim will be recorded and controlled by the Regional Finance Division upon receipt of documentation from a competent authority establishing the amount due.</P>

            <P>(b) The collection of claims under the control of Regional Finance Divisions will be aggressively pursued in accordance with the provisions of part 102 of the Federal Claims Collection Standards (4 CFR part 102). Whenever feasible, debts owed to the United States, together with interest, administrative charges and penalty charges, should be collected in full in one lump sum. If the debtor requests installment payments, the Regional Finance Divisions shall be responsible for determining the financial hardship of debtors and when appropriate shall arrange installment payment schedules. Claims which cannot be collected either directly or by administrative offset shall either be <PRTPAGE P="190"/>written off as administratively uncollectible in accordance with authority delegated to the Director, Office of Finance and the Directors, Regional Finance Divisions, or referred to the appropriate Assistant General Counsel or Regional Counsel for further consideration.</P>
            <P>(c) The General Counsel, delegated officials in the Office of General Counsel, and each Regional Counsel may compromise or suspend or terminate the collection of, referred claims under $20,000, exclusive of interest, penalties and administrative charges under the Act and the Federal Claims Collection Standards 4 CFR parts 103 and 104.</P>
            <P>(d) The Office of General Counsel officials listed in paragraph (c) of this section have the responsibility for referring to the Department of Justice all claims over $20,000 exclusive of interest, penalties and administrative charges which cannot be compromised, suspended or terminated in accordance with the Federal Claims Collection Act and the Federal Claims Collections Standards. Referrals to the Department of Justice shall be made in accordance with 4 CFR part 105 of the Federal Claims Collections Standards.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.007</SECTNO>
            <SUBJECT>Collection by offset.</SUBJECT>
            <P>(a) Whenever feasible, after a debtor fails to pay the claim, request a review of the claim, or make an arrangement for payment. The Comptroller or his appropriate regional designee will collect claims under this part by means of administrative offset against obligations of the United States to the debtor, pursuant to 31 U.S.C. 3716, except offset of Federal salaries and claims arising out of contracts subject to the Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq.</P>
            <P>(b) Salary offsets and offsets against military retired pay are governed by 5 U.S.C. 5514.</P>
            <P>(c) Collection by administrative offset of amounts payable from Civil Service Retirement and Disability Fund will be made pursuant to 5 U.S.C. 5514 and 5 U.S.C. 5705 and regulations thereunder.</P>
            <P>(d) The offset of claims arising out of contracts subject to the Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq. will be made pursuant to the Government common law right of offset.</P>
            <P>(e) GSA will promptly make requests for offset to other agencies holding funds payable to a debtor and provide instructions for the transfer of these funds. Requests for offset received from other agencies shall be processed promptly and the funds transferred to the requesting agency.</P>
            <P>(f) If administrative offset cannot be effected through GSA or other known agency accounts receivable, then GSA will place a complete stop order against amounts otherwise payable to the debtor by placing the name of that debtor on the Department of the Army “List of Contractors Indebted to the United States.” If any amounts are discovered under this procedure, they will be offset against the debt owed to GSA.</P>
            <P>(g) GSA should not attempt to effect collection by administrative offset when:</P>
            <P>(1) The debtor has ceased to do business and there are no known or potential obligations payable by any agency of the United States Government to the debtor.</P>
            <P>(2) The debt in question is over ten years old.</P>
            <P>(3) The debtor has either gone into receivership and has liquidated all of its assets or has filed a petition in bankruptcy as a no asset debtor, and there is no likelihood of the debtor resuming operations; and there are no known or potential obligations payable by any agency of the United States Government to the debtor. In the case of a bankruptcy petition, the automatic stay against setoff must be honored pending release from the stay.</P>
            <P>(4) The debtor is deceased, and there are no attachable assets in the estate.</P>
            <P>(5) Any other circumstances which would indicate that the likelihood of collection by administrative offset is less than probable.</P>
            <CITA>[50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8, 1987]</CITA>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.008</SECTNO>
            <SUBJECT>Settlement of claims.</SUBJECT>

            <P>(a) In accordance with the provisions of 4 CFR part 103, GSA officials listed in § 105-55.006(c) may settle claims not exceeding $20,000 exclusive of interest, penalties and administrative charges <PRTPAGE P="191"/>by compromise at less than the principal of the claim if:</P>
            <P>(1) The debtor shows an inability to pay the full amount within a reasonable time;</P>
            <P>(2) The Government would be unable to enforce complete collection by any means within a reasonable time;</P>
            <P>(3) The amount of the claim does not justify the actual foreseable collection cost of the claim; or</P>
            <P>(4) A combination of the above reasons.</P>
            <P>(b) GSA may suspend or terminate collection action in accordance with the terms and procedures contained in 4 CFR part 104.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.009</SECTNO>
            <SUBJECT>Referral for litigation.</SUBJECT>
            <P>Claims which cannot be settled under § 105-55.008 or for which collection action cannot be suspended or terminated under 4 CFR parts 103 and 104, will be referred to the General Accounting Office or the Department of Justice, whichever is appropriate, in accordance with the procedures in 4 CFR part 105.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.010</SECTNO>
            <SUBJECT>Disclosure to credit reporting agencies and referrals to collection agencies.</SUBJECT>
            <P>The Comptroller and his designees may disclose debtor information to credit reporting agencies and may refer delinquent debts to debt collection agencies under the Federal Claims Collection Act, as amended, and other applicable authorities, provided, however, that no claim arising from the dishonor of any check or other negotiable instrument shall be disclosed to a credit reporting agency or referred to a collection agency without the concurrence of the appropriate Regional Inspector General for Investigations. Information will be disclosed to reporting agencies and referred to debt collection agencies in accordance with the terms and conditions of agreements entered into between GSA and the reporting and collection agencies. The terms and conditions of such agreements shall specify that all of the rights and protections afforded to the debtor under 31 U.S.C. 3711(f) have been fulfilled.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-55.011</SECTNO>
            <SUBJECT>Credit report.</SUBJECT>
            <P>In order to aid the agency in making appropriate determinations as to the collection and compromise of claims; the collection of interest, administrative charges, and penalty charges; the use of administrative offset; the use of other collection methods; and the likelihood of collecting the claim, the Comptroller or his designees may institute a credit investigation of the debtor immediately following receipt of knowledge of the claim.</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-56</EAR>
          <HD SOURCE="HED">PART 105-56—SALARY OFFSET FOR INDEBTEDNESS OF GENERAL SERVICES ADMINISTRATION EMPLOYEES TO THE UNITED STATES</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-56.001</SECTNO>
            <SUBJECT>Scope.</SUBJECT>
            <SECTNO>105-56.002</SECTNO>
            <SUBJECT>Excluded debts or claims.</SUBJECT>
            <SECTNO>105-56.003</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <SECTNO>105-56.004</SECTNO>
            <SUBJECT>Pre-offset notice.</SUBJECT>
            <SECTNO>105-56.005</SECTNO>
            <SUBJECT>Employee response.</SUBJECT>
            <SECTNO>105-56.006</SECTNO>
            <SUBJECT>Petition for pre-offset hearing.</SUBJECT>
            <SECTNO>105-56.007</SECTNO>
            <SUBJECT>Pre-offset oral hearing.</SUBJECT>
            <SECTNO>105-56.008</SECTNO>
            <SUBJECT>Pre-offset “paper hearing.”</SUBJECT>
            <SECTNO>105-56.009</SECTNO>
            <SUBJECT>Written decision.</SUBJECT>
            <SECTNO>105-56.010</SECTNO>
            <SUBJECT>Deductions.</SUBJECT>
            <SECTNO>105-56.011</SECTNO>
            <SUBJECT>Non-waiver of rights.</SUBJECT>
            <SECTNO>105-56.012</SECTNO>
            <SUBJECT>Refunds.</SUBJECT>
            <SECTNO>105-56.013</SECTNO>
            <SUBJECT>Coordinating offset with another Federal agency.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 5514; Pub. L. 97-365, 96 Stat. 1754.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>53 FR 31864, Aug. 22, 1988, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-56.001</SECTNO>
            <SUBJECT>Scope.</SUBJECT>
            <P>(a) This part covers both internal and Government-wide collections under 5 U.S.C. 5514. It applies when certain debts to the U.S. are recovered by administrative offset from the disposable pay of an employee of the U.S. Government, except in situations where the employee consents to the recovery.</P>

            <P>(b) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to the Federal Claims Collection Act of 1966 (31 U.S.C. 3701 <E T="03">et seq</E>.) or in accordance with any other statutory authority for the collection of claims of the U.S. or any Federal agency.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.002</SECTNO>
            <SUBJECT>Excluded debts or claims.</SUBJECT>
            <P>This part does not apply to:<PRTPAGE P="192"/>
            </P>

            <P>(a) Debts or claims arising under the Internal Revenue Code of 1954 as amended (26 U.S.C. 1 <E T="03">et seq</E>.), the Social Security Act (41 U.S.C. 301 <E T="03">et seq</E>.), or the tariff laws of the United States.</P>
            <P>(b) To any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute, such as travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108. Debt collection procedures under other statutory authorities, however, must be consistent with the provisions of FCCS, defined below..</P>
            <P>(c) An employee election of coverage or of a change of coverage under a Federal benefits program which requires periodic deductions from pay if the amount to be recovered was accumulated over four pay periods or less.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.003</SECTNO>
            <SUBJECT>Definitions.</SUBJECT>
            <P>The following definitions apply to this part:</P>
            <P>“Administrator” means the Administrator of the General Services or the Administrator's designee.</P>
            <P>“Debt” means an amount owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, fines and forfeitures and all other similar sources.</P>
            <P>“Disposable pay” means the amount that remains from an employee's Federal pay after required deductions for Federal, State and local income taxes; Social Security taxes, including Medicare taxes; Federal retirement programs; premiums for life and health insurance benefits; and such other deductions that are required by law to be withheld.</P>
            <P>“Employee” means a current employee of the General Services Administration, or other executive agency.</P>

            <P>“FCCS” means the Federal Claims Collection Standards jointly published by the Justice Department and the General Accounting Office at 4 CFR 101.1 <E T="03">et seq</E>.</P>
            <P>“Pay” means basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an individual not entitled to basic pay, other authorized pay.</P>
            <P>“Program official” means a supervisor or management official of the employee's service or staff office.</P>
            <P>“Salary offset” means an administrative offset to collect a debt under 5 U.S.C. 5514 by deduction(s) at one or more officially established pay intervals from the current pay account of an employee without his or her consent.</P>
            <P>“Waiver” means the cancellation, remission, forgiveness, or nonrecovery of a debt allegedly owed by an employee to an agency as permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774 or 32 U.S.C. 716, 5 U.S.C. 8346(b), or any other law.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.004</SECTNO>
            <SUBJECT>Pre-offset notice.</SUBJECT>
            <P>The employee is entitled to written notice from an appropriate program officer in his or her employing activity at least 30 days in advance of initiating a deduction from disposable pay informing him or her of:</P>
            <P>(a) The nature, origin and amount of the indebtedness determined by the General Services Administration or another agency to be due;</P>
            <P>(b) The intention of the agency to initiate proceedings to collect the debt through deductions from the employee's current disposable pay;</P>
            <P>(c) The amount, frequency, proposed beginning date, and duration of the intended deductions;</P>

            <P>(d) GSA's policy concerning how interest is charged and penalties and administrative cost assessed, including a statement that such assessments must be made unless excused under 31 U.S.C. 3717 and the FCCS, 4 CFR 101.1 <E T="03">et seq</E>.;</P>

            <P>(e) The employee's right to inspect and copy Government records relating to the debt if Government records of the debt are not attached, or if the employee or his or her representative cannot personally inspect the records, the right to receive a copy of such records. Any costs associated therewith shall be borne by the debtor. The debtor shall give reasonable notice in advance to GSA of the date on which he or she intends to inspect and copy the records involved;<PRTPAGE P="193"/>
            </P>
            <P>(f) A demand for repayment providing for an opportunity, under terms agreeable to GSA, for the employee to establish a schedule for the voluntary repayment of the debt by offset or to enter into written repayment agreement of the debt in lieu of offset;</P>
            <P>(g) The employee's right to request a waiver from the General Accounting Office if a waiver of repayment is authorized by law;</P>
            <P>(h) The employee's right to pre-offset hearing conducted by a hearing official arranged by the appropriate program official of his or her employing activity if a petition is filed as prescribed by § 105-56.005. Such hearing official will be either an administrative law judge or a hearing official not under the control of the head of the agency and will be designated in accordance with the procedures established in 5 CFR 550.1107;</P>
            <P>(i) The method and time period for petitioning for a hearing, including a statement that the timely filing of a petition for hearing will stay the commencement of collection proceedings;</P>
            <P>(j) The issuance of a final decision on the hearing, if requested, at the earliest practicable date, but no later than 60 days after the petition is filed unless a delay is requested and granted;</P>
            <P>(k) The risk that any knowingly false or frivolous statements, representations, or evidence may subject the employee to:</P>
            <P>(1) Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 5 CFR part 752, or any other applicable statutes or regulations;</P>
            <P>(2) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or any other applicable statutory authority;</P>
            <P>(3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or any other applicable statutory authority.</P>
            <P>(l) Any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made.</P>
            <P>(m) The employee's right to a prompt refund if amounts paid or deducted are later waived or found not owed, unless otherwise provided by law;</P>
            <P>(n) The specific address to which all correspondence shall be directed regarding the debt.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.005</SECTNO>
            <SUBJECT>Employee response.</SUBJECT>
            <P>(a) <E T="03">Voluntary repayment agreement.</E> An employee may submit a request to the official who signed the demand letter to enter into a written repayment agreement of the debt in lieu of offset. The request must be made within 7 days of receipt of notice under § 105-56.004. The agreement must be in writing, signed by both the employee and the program official making the demand and a signed copy must be sent to the regional finance division serving the program activity. Acceptance of such an agreement is discretionary with the agency. An employee who enters into such an agreement may nevertheless seek a waiver under paragraph (b) of this section.</P>
            <P>(b) <E T="03">Waiver.</E> Where a waiver of repayment is authorized by law, the employee may request a waiver from the General Accounting Office.</P>
            <P>(c) <E T="03">Reconsideration.</E> (1) An employee may seek a reconsideration of the Agency's determination regarding the existence or amount of the debt. The request must be submitted to the official who signed the demand letter within 7 days of receipt of notice under § 105-56.004. Within 20 days of receipt of this notice, the employee shall submit a detailed statement of reasons for reconsideration which must be accompanied by supporting documentation.</P>
            <P>(2) An employee may request a reconsideration of the proposed offset schedule. The request must be submitted to the program official who signed the demand letter within 7 days of receipt of notice under § 105-56.004. Within 20 days of receipt of this notice, the employee shall submit an alternative repayment schedule accompanied by a detailed statement supported by documentation evidencing financial hardship resulting from the agency's proposed schedule. Acceptance of the request is discretionary with the agency. The agency must notify the employee in writing of its decision concerning the request to reduce the rate of an involuntary deduction.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.006</SECTNO>
            <SUBJECT>Petition for pre-offset hearing.</SUBJECT>

            <P>(a) The employee may petition for a pre-offset hearing by filing a written petition with the program official who <PRTPAGE P="194"/>signed the demand letter within 15 days of receipt of the written notice. The petition must state why the employee believes the agency's determination concerning the existence or amount of the debt is in error, and set forth objections to the involuntary repayment schedule. The timely filing of a petition will suspend the commencement of collection proceedings.</P>
            <P>(b) The employee's petition or statement must be signed by the employee.</P>
            <P>(c) Petitions for hearing made after the expiration of the 15 day period may be accepted if the employee can show that the delay was because of circumstances beyond his or her control or because of failure to receive notice of the time limit.</P>
            <P>(d) If the employee timely requests a pre-offset hearing or the timeliness is waived, the program official must:</P>
            <P>(1) Notify the employee whether the employee may elect an oral hearing or whether he or she may have only a “paper hearing,” i.e., a review on the written record (see 4 CFR 102.3(c)). In either case, the program official will arrange for a hearing official; and</P>
            <P>(2) The program official will provide the hearing official with a copy of all records on which the determination of the debt and any involuntary repayment schedule are based.</P>
            <P>(e) An employee who elects an oral hearing must notify the hearing official and the program official in writing within 5 days of receipt of the notice under paragraph (d)(1) of this section and within 20 days of receipt of the notice under (d)(1) the employee shall fully identify and explain with reasonable specificity all the facts, evidence and witnesses which the employee believes support his or her position.</P>
            <P>(f) The hearing official shall notify the program official and the employee of the date, time and location of the hearing.</P>
            <P>(g) If the employee later elects to have the hearing based only on the written submissions, notification must be given to the hearing official and the program official at least 3 calendar days before the date of the oral hearing. The hearing official may waive the 3-day requirement for good cause.</P>
            <P>(h) Failure of the employee to appear at the oral hearing can result in dismissal of the petition and affirmation of the agency's decision.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.007</SECTNO>
            <SUBJECT>Pre-offset oral hearing.</SUBJECT>
            <P>(a) Oral hearings are informal in nature. The agency, represented by a program official or a representative of the Office of General Counsel, and the employee, or his or her representative, shall explain their case in the form of an oral presentation with reference to the documentation submitted. The employee may testify on his or her own behalf, subject to cross examination. Other witnesses may be called to testify where the hearing official determines the testimony to be relevant and not redundant.</P>
            <P>(b) The hearing official shall—</P>
            <P>(1) Conduct a fair and impartial hearing; and</P>
            <P>(2) Preside over the course of the hearing, maintain decorum, and avoid delay in the disposition of the hearing.</P>
            <P>(c) The employee may represent himself or herself or may be represented by another person at the hearing. The employee may not be represented by a person who creates an actual or apparent conflict of interest.</P>
            <P>(d) Oral hearings are open to the public. However, the hearing official may close all or any portion of the hearing when doing so is in the best interests of the employee or the public.</P>
            <P>(e) Oral hearings may be conducted by conference call at the request of the employee or at the discretion of the hearing official.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.008</SECTNO>
            <SUBJECT>Pre-offset “paper hearing.”</SUBJECT>
            <P>If a hearing is to be held only upon written submissions, the hearing official shall issue a decision based upon the record and responses submitted by both the agency and the employee.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.009</SECTNO>
            <SUBJECT>Written decision.</SUBJECT>
            <P>Within 60 days of filing of the employee's petition for a pre-offset hearing, the hearing official will issue a written decision setting forth: The facts supporting the nature and origin of the debt; the hearing official's analysis, findings and conclusions as to the employee's or agency's grounds, the amount and validity of the debt and the repayment schedule.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="195"/>
            <SECTNO>§ 105-56.010</SECTNO>
            <SUBJECT>Deductions.</SUBJECT>
            <P>(a) <E T="03">When deductions may begin.</E> If the employee filed a petition for hearing with the program official before the expiration of the period provided for in § 105-56.006, then deductions will begin after the hearing official has provided the employee with a hearing, and the final written decision is in favor of the agency. It is the responsibility of the employee's program official to issue the pre-offset notice to the employee and to instruct the National Payroll Center to begin offset in accordance with the final written decision.</P>
            <P>(b) <E T="03">Retired or separated employees.</E> If the employee retires, resigns, or is terminated before collection of the amount of the indebtedness is completed, the remaining indebtedness will be offset from any subsequent payments of any nature. If the debt cannot be satisfied from subsequent payments, then the debt must be collected according to the procedures for administrative offset pursuant to 31 U.S.C. 3716.</P>
            <P>(c) <E T="03">Types of collection.</E> A debt may be collected in one lump sum or in installments. Collection will be by lump-sum unless the employee is able to demonstrate to the program official who signed the demand letter that he or she is financially unable to pay in one lump-sum. In these cases, collection will be by installment deductions.</P>
            <P>(d) <E T="03">Methods of collection.</E> If the debt cannot be collected in one lump sum, the debt will be collected by deductions at officially established pay intervals from an employee's current pay account, unless the employee and the program official agree to an alternative repayment schedule. The alternative arrangement must be in writing and signed by both the employee and the program official.</P>
            <P>(1) <E T="03">Installment deductions.</E> Installment deductions will be made over the shortest period possible. The size and frequency of installment deductions will bear a reasonable relation to the size of the debt and the employee's ability to pay. However, the amount deducted for any period will not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount. The installment payment will be sufficient in size and frequency to pay the debt over the shortest period possible and never to exceed three years. Installment payments of less than $100 per pay period will be accepted only in the most unusual circumstances.</P>
            <P>(2) <E T="03">Sources of deductions.</E> GSA will make deductions only from basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay.</P>
            <P>(e) Interest, penalties and administrative costs on debts under this part will be assessed according to the provisions of 4 CFR 102.13.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.011</SECTNO>
            <SUBJECT>Non-waiver of rights.</SUBJECT>
            <P>An employee's involuntary payment of all or any portion of a debt being collected under 5 U.S.C. 5514 shall not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of contract or law unless there are statutory or contractual provisions to the contrary.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.012</SECTNO>
            <SUBJECT>Refunds.</SUBJECT>
            <P>GSA will refund promptly to the appropriate individual amounts offset under these regulations when:</P>
            <P>(a) A debt is waived or otherwise found not owing the United States (unless expressly prohibited by statute or regulation); or</P>
            <P>(b) GSA is directed by an administrative or judicial order to refund amounts deducted from the employee's current pay.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-56.013</SECTNO>
            <SUBJECT>Coordinating offset with another Federal agency.</SUBJECT>
            <P>(a) <E T="03">When GSA is owed the debt.</E> When GSA is owed a debt by an employee of another agency, the other agency shall not initiate the requested offset until GSA provides the agency with a written certification that the debtor owes GSA a debt and that GSA has complied with these regulations. This certification shall include the amount and basis of the debt and the due date of the payment.</P>
            <P>(b) <E T="03">When another agency is owed the debt.</E> GSA may use salary offset against one of its employees who is indebted to another agency if requested to do so by that agency. Any such request must be <PRTPAGE P="196"/>accompanied by a certification from the requesting agency that the person owes the debt, the amount of the debt and that the employee has been given the procedural rights required by 5 U.S.C. 5514 and 5 CFR part 550, subpart K.</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-57</EAR>
          <HD SOURCE="HED">PART 105-57—COLLECTION OF DEBTS BY TAX REFUND OFFSET</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-57.001</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <SECTNO>105-57.002</SECTNO>
            <SUBJECT>Applicability and scope.</SUBJECT>
            <SECTNO>105-57.003</SECTNO>
            <SUBJECT>Administrative charges.</SUBJECT>
            <SECTNO>105-57.004</SECTNO>
            <SUBJECT>Reasonable attempt to notify.</SUBJECT>
            <SECTNO>105-57.005</SECTNO>
            <SUBJECT>Notice requirement before offset.</SUBJECT>
            <SECTNO>105-57.006</SECTNO>
            <SUBJECT>Consideration of evidence.</SUBJECT>
            <SECTNO>105-57.007</SECTNO>
            <SUBJECT>Change in conditions after submission to IRS.</SUBJECT>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>31 U.S.C. 3720A.</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>59 FR 1277, Jan. 10, 1994, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-57.001</SECTNO>
            <SUBJECT>Purpose.</SUBJECT>
            <P>This part establishes procedures for the General Services Administration (GSA) to refer past due debts to the Internal Revenue Service (IRS) for offset against income tax refunds of taxpayers owing debts to GSA.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.002</SECTNO>
            <SUBJECT>Applicability and scope.</SUBJECT>
            <P>(a) This part implements 31 U.S.C. 3720A which authorizes the IRS to reduce a tax refund by the amount of a past due legally enforceable debt owed to the United States.</P>
            <P>(b) For purposes of this section, a past due legally enforceable debt referable to the IRS is a debt which is owed to the United States and:</P>
            <P>(1) Has been delinquent for at least three months but, except in the case of a judgment debt, has not been delinquent more than ten years at the time the offset is made;</P>
            <P>(2) With respect to which, GSA has given the taxpayer at least 60 days, from the date of notification, to present evidence that all or part of the debt is not past due or legally enforceable, has considered such evidence, and has determined that the debt is past due and legally enforceable;</P>
            <P>(3) Cannot be currently collected pursuant to the salary offset provisions of 5 U.S.C. 5514(a)(1);</P>
            <P>(4) Cannot be currently collected pursuant to the administrative offset provisions of 31 U.S.C. 3716;</P>
            <P>(5) Has been disclosed by GSA to a credit reporting agency, including a consumer reporting agency as authorized by 31 U.S.C. 3711(f);</P>
            <P>(6) With respect to which, GSA has notified, or has made a reasonable attempt to notify, the taxpayer that the debt is past due and, unless repaid within 60 days thereafter, will be referred to the IRS for offset against any income tax refunds due the taxpayer;</P>
            <P>(7) Is at least $25.00;</P>
            <P>(8) All other requirements of 31 U.S.C. 3720A and the Department of the Treasury regulations relating to eligibility of a debt for tax refund offset, at 26 CFR 301.6402-6T, have been satisfied.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.003</SECTNO>
            <SUBJECT>Administrative charges.</SUBJECT>
            <P>All administrative charges incurred in connection with the referral of debts to the IRS will be added to the debt, thus increasing the amount of the offset.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.004</SECTNO>
            <SUBJECT>Reasonable attempt to notify.</SUBJECT>
            <P>In order to constitute a reasonable attempt to notify the debtor, GSA must have used a mailing address for the debtor obtained from the IRS pursuant to the Internal Revenue Code, 26 U.S.C. 6103 (m)(2) or (m)(4), within one year preceding the attempt to notify the debtor.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.005</SECTNO>
            <SUBJECT>Notice requirement before offset.</SUBJECT>
            <P>The notification provided by GSA to the debtor will inform the debtor how to go about presenting evidence to GSA that all or part of the debt is either not past due or is not legally enforceable.</P>
          </SECTION>
          <SECTION>
            <SECTNO>§ 105-57.006</SECTNO>
            <SUBJECT>Consideration of evidence.</SUBJECT>
            <P>Evidence submitted by the debtor will be considered by officials or employees of GSA. Any determination that an amount of such debt is past due and legally enforceable will be made by such officials or employees. Evidence that the debt is affected by a bankruptcy proceeding involving the debtor shall bar referral of the debt.</P>
          </SECTION>
          <SECTION>
            <PRTPAGE P="197"/>
            <SECTNO>§ 105-57.007</SECTNO>
            <SUBJECT>Change in conditions after submission to IRS.</SUBJECT>
            <P>If the amount of a debt is reduced after submission by GSA and offset by IRS, GSA will refund to the debtor any excess amount and will promptly notify IRS of the refund. GSA will also promptly notify the IRS if, after submission of a debt to the IRS for offset, GSA:</P>
            <P>(a) Determines that an error has been made with respect to the information submitted;</P>
            <P>(b) Receives a payment or credits a payment to an account submitted; or</P>
            <P>(c) Receives notification that the debtor has filed for bankruptcy under title 11 of the United States Code or has been adjudicated bankrupt and the debt has been discharged.</P>
          </SECTION>
        </PART>
        <PART>
          <EAR>Pt. 105-60</EAR>
          <HD SOURCE="HED">PART 105-60—PUBLIC AVAILABILITY OF AGENCY RECORDS AND INFORMATIONAL MATERIALS</HD>
          <CONTENTS>
            <SECHD>Sec.</SECHD>
            <SECTNO>105-60.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.1—General Provisions</HD>
              <SECTNO>105-60.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <SECTNO>105-60.102</SECTNO>
              <SUBJECT>Application.</SUBJECT>
              <SECTNO>105-60.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
              <SECTNO>105-60.103-1</SECTNO>
              <SUBJECT>Availability of records.</SUBJECT>
              <SECTNO>105-60.103-2</SECTNO>
              <SUBJECT>Applying exemptions.</SUBJECT>
              <SECTNO>105-60.104</SECTNO>
              <SUBJECT>Records of other agencies.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.2—Publication of General Agency Information and Rules in the Federal Register</HD>
              <SECTNO>105-60.201</SECTNO>
              <SUBJECT>Published information and rules.</SUBJECT>
              <SECTNO>105-60.202</SECTNO>
              <SUBJECT>Published materials available for sale to the public.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.3—Availability of Opinions, Orders, Policies, Interpretations, Manuals, and Instructions</HD>
              <SECTNO>105-60.301</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <SECTNO>105-60.302</SECTNO>
              <SUBJECT>Available materials.</SUBJECT>
              <SECTNO>105-60.303</SECTNO>
              <SUBJECT>Rules for public inspection and copying.</SUBJECT>
              <SECTNO>105-60.304</SECTNO>
              <SUBJECT>Public information handbook and index.</SUBJECT>
              <SECTNO>105-60.305</SECTNO>
              <SUBJECT>Fees.</SUBJECT>
              <SECTNO>105-60.305-1</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-60.305-2</SECTNO>
              <SUBJECT>Scope of this subpart.</SUBJECT>
              <SECTNO>105-60.305-3</SECTNO>
              <SUBJECT>GSA records available without charge.</SUBJECT>
              <SECTNO>105-60.305-4</SECTNO>
              <SUBJECT>GSA records available at a fee.</SUBJECT>
              <SECTNO>105-60.305-5</SECTNO>
              <SUBJECT>Searches.</SUBJECT>
              <SECTNO>105-60.305-6</SECTNO>
              <SUBJECT>Reviews.</SUBJECT>
              <SECTNO>105-60.305-7</SECTNO>
              <SUBJECT>Assurance of payment.</SUBJECT>
              <SECTNO>105-60.305-8</SECTNO>
              <SUBJECT>Prepayment of fees.</SUBJECT>
              <SECTNO>105-60.305-9</SECTNO>
              <SUBJECT>Form of payment.</SUBJECT>
              <SECTNO>105-60.305-10</SECTNO>
              <SUBJECT>Fee schedule.</SUBJECT>
              <SECTNO>105-60.305-11</SECTNO>
              <SUBJECT>Fees for authenticated and attested copies.</SUBJECT>
              <SECTNO>105-60.305-12</SECTNO>
              <SUBJECT>Administrative actions to improve assessment and collection of fees.</SUBJECT>
              <SECTNO>105-60.305-13</SECTNO>
              <SUBJECT>Waiver of fee.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.4—Described Records</HD>
              <SECTNO>105-60.401</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <SECTNO>105-60.402</SECTNO>
              <SUBJECT>Procedures for making records available.</SUBJECT>
              <SECTNO>105-60.402-1</SECTNO>
              <SUBJECT>Submission of requests.</SUBJECT>
              <SECTNO>105-60.402-2</SECTNO>
              <SUBJECT>Response to initial requests.</SUBJECT>
              <SECTNO>105-60.403</SECTNO>
              <SUBJECT>Appeal within GSA.</SUBJECT>
              <SECTNO>105-60.404</SECTNO>
              <SUBJECT>Extension of time limits.</SUBJECT>
              <SECTNO>105-60.405</SECTNO>
              <SUBJECT>Processing requests for confidential commercial information.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.5—Exemptions</HD>
              <SECTNO>105-60.501</SECTNO>
              <SUBJECT>Categories of records exempt from disclosure under the FOIA.</SUBJECT>
            </SUBPART>
            <SUBPART>
              <HD SOURCE="HED">Subpart 105-60.6—Production or Disclosure by Present or Former General Services Administration Employees in Response to Subpoenas or Similar Demands in Judicial or Administrative Proceedings</HD>
              <SECTNO>105-60.601</SECTNO>
              <SUBJECT>Purpose and scope of subpart.</SUBJECT>
              <SECTNO>105-60.602</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <SECTNO>105-60.603</SECTNO>
              <SUBJECT>Acceptance of service of a subpoena duces tecum or other legal demand on behalf of the General Services Administration.</SUBJECT>
              <SECTNO>105-60.604</SECTNO>
              <SUBJECT>Production or disclosure prohibited unless approved by the Appropriate Authority.</SUBJECT>
              <SECTNO>105-60.605</SECTNO>
              <SUBJECT>Procedure in the event of a demand for production or disclosure.</SUBJECT>
              <SECTNO>105-60.606</SECTNO>
              <SUBJECT>Procedure where response to demand is required prior to receiving instructions.</SUBJECT>
              <SECTNO>105-60.607</SECTNO>
              <SUBJECT>Procedure in the event of an adverse ruling.</SUBJECT>
              <SECTNO>105-60.608</SECTNO>
              <SUBJECT>Fees, expenses, and costs.</SUBJECT>
            </SUBPART>
          </CONTENTS>
          <AUTH>
            <HD SOURCE="HED">Authority:</HD>
            <P>5 U.S.C. 301 and 552; 40 U.S.C. 486(c).</P>
          </AUTH>
          <SOURCE>
            <HD SOURCE="HED">Source:</HD>
            <P>63 FR 56839, Oct. 23, 1998, unless otherwise noted.</P>
          </SOURCE>
          <SECTION>
            <SECTNO>§ 105-60.000</SECTNO>
            <SUBJECT>Scope of part.</SUBJECT>
            <P>(a) This part sets forth policies and procedures of the General Services Administration (GSA) regarding public access to records documenting:</P>

            <P>(1) Agency organization, functions, decisionmaking channels, and rules and regulations of general applicability;<PRTPAGE P="198"/>
            </P>
            <P>(2) Agency final opinions and orders, including policy statements and staff manuals;</P>
            <P>(3) Operational and other appropriate agency records; and</P>
            <P>(4) Agency proceedings.</P>
            <P>(b) This part also covers exemptions from disclosure of these records; procedures for the public to inspect or obtain copies of GSA records; and instructions to current and former GSA employees on the response to a subpoena or other legal demand for material or information received or generated in the performance of official duty or because of the person's official status.</P>
            <P>(c) Any policies and procedures in any GSA internal or external directive inconsistent with the policies and procedures set forth in this part are superseded to the extent of that inconsistency.</P>
          </SECTION>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.1—General Provisions</HD>
            <SECTION>
              <SECTNO>§ 105-60.101</SECTNO>
              <SUBJECT>Purpose.</SUBJECT>
              <P>This part 105-60 implements the provisions of the Freedom of Information Act (FOIA), as amended, 5 U.S.C. 552. The regulations in this part also implement Executive Order 12600, Predisclosure Notification Procedures for Confidential Commercial Information, of June 23, 1987 (3 CFR, 1987 Comp., p. 235). This part prescribes procedures by which the public may inspect and obtain copies of GSA records under the FOIA, including administrative procedures which must be exhausted before a requester invokes the jurisdiction of an appropriate United States District Court for GSA's failure to respond to a proper request within the statutory time limits, for a denial of agency records or challenge to the adequacy of a search, or for a denial of a fee waiver.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.102</SECTNO>
              <SUBJECT>Application.</SUBJECT>
              <P>This part applies to all records and informational materials generated, maintained, and controlled by GSA that come within the scope of 5 U.S.C. 552.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.103</SECTNO>
              <SUBJECT>Policy.</SUBJECT>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.103-1</SECTNO>
              <SUBJECT>Availability of records.</SUBJECT>
              <P>The policies of GSA with regard to the availability of records to the public are:</P>
              <P>(a) GSA records are available to the greatest extent possible in keeping with the spirit and intent of the FOIA. GSA will disclose information in any existing GSA record, with noted exceptions, regardless of the form or format of the record. GSA will provide the record in the form or format requested if the record is reproducible by the agency in that form or format without significant expenditure of resources. GSA will make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section.</P>
              <P>(b) The person making the request does not need to demonstrate an interest in the records or justify the request.</P>
              <P>(c) The FOIA does not give the public the right to demand that GSA compile a record that does not already exist. For example, FOIA does not require GSA to collect and compile information from multiple sources to create a new record. GSA may compile records or perform minor reprogramming to extract records from a database or system when doing so will not significantly interfere with the operation of the automated system in question or involve a significant expenditure of resources.</P>
              <P>(d) Similarly, FOIA does not require GSA to reconstruct records that have been destroyed in compliance with disposition schedules approved by the Archivist of the United States. However, GSA will not destroy records after a member of the public has requested access to them and will process the request even if destruction would otherwise be authorized.</P>
              <P>(e) If the record requested is not complete at the time of the request, GSA may, at its discretion, inform the requester that the complete record will be provided when it is available, with no additional request required, if the record is not exempt from disclosure.</P>

              <P>(f) Requests must be addressed to the office identified in § 105-60.402-1.<PRTPAGE P="199"/>
              </P>
              <P>(g) Fees for locating and duplicating records are listed in § 105-60,305-10.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.103-2</SECTNO>
              <SUBJECT>Applying exemptions.</SUBJECT>
              <P>GSA may deny a request for a GSA record if it falls within an exemption under the FOIA outlined in subpart 105-60.5 of this part. Except when a record is classified or when disclosure would violate any Federal statute, the authority to withhold a record from disclosure is permissive rather than mandatory. GSA will not withhold a record unless there is a compelling reason to do so; i.e., disclosure will likely cause harm to a Governmental or private interest. In the absence of a compelling reason, GSA will disclose a record even if it otherwise is subject to exemption. GSA will cite the compelling reason(s) to requesters when any record is denied under FOIA.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.104</SECTNO>
              <SUBJECT>Records of other agencies.</SUBJECT>
              <P>If GSA receives a request for access to records that are known to be the primary responsibility of another agency, GSA will refer the request to the agency concerned for appropriate action. For example, GSA will refer requests to the appropriate agency in cases in which GSA does not have sufficient knowledge of the action or matter that is the subject of the requested records to determine whether the records must be released or may be withheld under one of the exemptions listed in Subpart 105-60.5 of this part. If GSA does not have the requested records, the agency will attempt to determine whether the requested records exist at another agency and, if possible, will forward the request to that agency. GSA will inform the requester that GSA has forwarded the request to another agency.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.2—Publication of General Agency Information and Rules in the Federal Register</HD>
            <SECTION>
              <SECTNO>§ 105-60.201</SECTNO>
              <SUBJECT>Published information and rules.</SUBJECT>

              <P>In accordance with 5 U.S.C. 552(a)(1), GSA publishes in the <E T="04">Federal Register</E>, for the guidance of the public, the following general information concerning GSA:</P>
              <P>(a) Description of the organization of the Central Office and regional offices and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;</P>
              <P>(b) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;</P>
              <P>(c) Rules of procedure, descriptions of forms available or the places where forms may be obtained, and instructions on the scope and contents of all papers, reports, or examinations;</P>
              <P>(d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by GSA; and</P>
              <P>(e) Each amendment, revision, or repeal of the materials described in this section.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.202</SECTNO>
              <SUBJECT>Published materials available for sale to the public.</SUBJECT>

              <P>(a) Substantive rules of general applicability adopted by GSA as authorized by law that this agency publishes in the <E T="04">Federal Register</E> and which are available for sale to the public by the Superintendent of Documents at pre-established prices are: The General Services Administration Acquisition Regulation (48 CFR Ch. 5), the Federal Acquisition Regulation (48 CFR Ch. 1), the Federal Property Management Regulations (41 CFR Ch. 101), and the Federal Travel Regulation (41 CFR Ch. 301-304).</P>
              <P>(b) GSA provides technical information, including manuals and handbooks, to other Federal entities, e.g., the National Technical Information Service, with separate statutory authority to make information available to the public at pre-established fees.</P>
              <P>(c) Requests for information available through the sources in paragraphs (a) and (b) of this section will be referred to those sources.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <PRTPAGE P="200"/>
            <HD SOURCE="HED">Subpart 105-60.3—Availability of Opinions, Orders, Policies, Interpretations, Manuals, and Instructions</HD>
            <SECTION>
              <SECTNO>§ 105-60.301</SECTNO>
              <SUBJECT>General.</SUBJECT>
              <P>GSA makes available to the public the materials described under 5 U.S.C. 552(a)(2), which are listed in § 105-60.302 through an extensive electronic home page, http://www.gsa.gov/. A public handbook listing those materials as described in § 105-60.304 is available at GSA's Central Office in Washington, DC, and at the website at http://www.gsa.gov/staff/c/ca/pub1.htm. Members of the public who do not have the means to access this information electronically, and who are not located in the Washington, DC area, may contact the Freedom of Information Act office in any of the regional offices listed in this regulation. These offices will make arrangements for members of the public to access the information at a computer located at the FOIA office. Reasonable copying services are provided at the fees specified in § 105-60.305.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.302</SECTNO>
              <SUBJECT>Available materials.</SUBJECT>
              <P>GSA materials available under this subpart 105-60.3 are as follows:</P>
              <P>(a) Final opinions, including concurring and dissenting opinions and orders, made in the adjudication of cases.</P>

              <P>(b) Those statements and policy and interpretations that have been adopted by GSA and are not published in the <E T="04">Federal Register</E>.</P>
              <P>(c) Administrative staff manuals and instructions to staff affecting a member of the public unless these materials are promptly published and copies offered for sale.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.303</SECTNO>
              <SUBJECT>Rules for public inspection and copying.</SUBJECT>
              <P>(a) <E T="03">Locations.</E> Selected areas containing the materials available for public inspection and copying, described in this § 105-60.302, are located in the following places:
              </P>
              <EXTRACT>
                <FP SOURCE="FP-2">Central Office (GSA Headquarters),</FP>
                <FP SOURCE="FP1-2">General Services Administration, Washington, DC.</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 202-501-2262</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 202-501-2727,</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Email:</E> gsa.foia@gsa.gov</FP>
                <FP SOURCE="FP1-2">1800 F Street, NW. (CAI), Washington, DC 20405</FP>
                <FP SOURCE="FP-2">Office of the Inspector General</FP>
                <FP SOURCE="FP1-2">FOIA Officer, Office of Inspector General (J)</FP>
                <FP SOURCE="FP1-2">General Services Administration</FP>
                <FP SOURCE="FP1-2">1800 F Street NW., Room 5324</FP>
                <FP SOURCE="FP1-2">Washington, DC 20405</FP>
                <FP SOURCE="FP-2">New England Region</FP>
                <FP SOURCE="FP1-2">General Services Administration (1AB)</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont)</FP>
                <FP SOURCE="FP1-2">Thomas P. O'Neill, Jr., Federal Building, 10 Causeway Street, Boston, MA 02222</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 617-565-8100</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 617-565-8101</FP>
                <FP SOURCE="FP-2">Northeast and Caribbean Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of New Jersey, New York, the Commonwealth of Puerto Rico, and the Virgin Islands)</FP>
                <FP SOURCE="FP1-2">General Services Administration (2AR)</FP>
                <FP SOURCE="FP1-2">26 Federal Plaza, New York, NY 10278</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 212-264-1234</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 212-264-2760</FP>
                <FP SOURCE="FP-2">Mid-Atlantic Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Delaware, Maryland, Pennsylvania, Virginia, and West Virginia, excluding the Washington, DC metropolitan area)</FP>
                <FP SOURCE="FP1-2">General Services Administration (3ADS), 100 Penn Square East, Philadelphia, PA 19107</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 215-656-5530</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 215-656-5590</FP>
                <FP SOURCE="FP-2">Southeast Sunbelt Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee)</FP>
                <FP SOURCE="FP1-2">General Services Administration (4E), 401 West Peachtree Street, Atlanta, GA 30365</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 404-331-5103</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 404-331-1813</FP>
                <FP SOURCE="FP-2">Great Lakes Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Illinois, Indiana, Ohio, Minnesota, Michigan, and Wisconsin)</FP>
                <FP SOURCE="FP1-2">General Services Administration (5ADB), 230 South Dearborn Street, Chicago, IL 60604</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 312-353-5383</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 312-353-5385</FP>
                <FP SOURCE="FP-2">Heartland Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Iowa, Kansas, Missouri, and Nebraska)</FP>
                <FP SOURCE="FP1-2">General Services Administration (6ADB), 1500 East Bannister Road, Kansas City, MO 64131</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 816-926-7203</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 816-823-1167</FP>
                <FP SOURCE="FP-2">Greater Southwest Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Arkansas, Louisiana, New Mexico, Texas, and  Oklahoma)</FP>

                <FP SOURCE="FP1-2">General Services Administration (7ADQ), 819 Taylor Street, Fort Worth, TX 76102<PRTPAGE P="201"/>
                </FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 817-978-3902</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 817-978-4867</FP>
                <FP SOURCE="FP-2">Rocky Mountain Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Colorado, North Dakota, South Dakota, Montana, Utah, and Wyoming)</FP>
                <FP SOURCE="FP1-2">Business Service Center, General Services Administration (8PB-B), Building 41, Denver Federal Center, Denver, CO 80225</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 303-236-7408</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 303-236-7403</FP>
                <FP SOURCE="FP-2">Pacific Rim Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Hawaii, California, Nevada, Arizona, Guam, and Trust Territory of the Pacific)</FP>
                <FP SOURCE="FP1-2">Business Service Center, General Services Administration (9ADB), 525 Market Street, San Francisco, CA 941105</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 415-522-2715</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 415-522-2705</FP>
                <FP SOURCE="FP-2">Northwest/Arctic Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the States of Alaska, Idaho, Oregon, and Washington)</FP>
                <FP SOURCE="FP1-2">General Services Administration (10L), GSA Center, 15th and C Streets, SW., Auburn, WA 98002</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 206-931-7007</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 206-931-7195</FP>
                <FP SOURCE="FP-2">National Capital Region</FP>
                <FP SOURCE="FP1-2">(Comprised of the District of Columbia and the surrounding metropolitan area)</FP>
                <FP SOURCE="FP1-2">General Services Administration (WPFA-L), 7th and D Streets SW., Washington, DC 20407</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">Telephone:</E> 202-708-5854</FP>
                <FP SOURCE="FP1-2">
                  <E T="03">FAX:</E> 202-708-4655.</FP>
              </EXTRACT>
              
              <P>(b) <E T="03">Time.</E> The offices listed above will be open to the public during the business hours of the GSA office where they are located.</P>
              <P>(c) <E T="03">Reproduction services and fees.</E> The GSA Central Office or the Regional Business Service Centers will furnish reasonable copying and reproduction services for available materials at the fees specified in § 105-60.305.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.304</SECTNO>
              <SUBJECT> Public information handbook and index.</SUBJECT>
              <P>GSA publishes a handbook for the public that identifies information regarding any matter described in § 105-60.302. This handbook also lists published information available from GSA and describes the procedures the public may use to obtain information using the Freedom of Information Act (FOIA). This handbook may be obtained without charge from any of the GSA FOIA offices listed in § 105-60.303(a), or  at  the  GSA  Internet  Homepage (http://www.gsa.gov/staff/c/ca/cai/links.htm).</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305</SECTNO>
              <SUBJECT>Fees.</SUBJECT>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-1</SECTNO>
              <SUBJECT>Definitions.</SUBJECT>
              <P>For the purpose of this part:</P>
              <P>(a) A statute specifically providing for setting the level of fees for particular types of records (5 U.S.C. 552(a)(4)(A)(vii)) means any statute that specifically requires a Government agency to set the level of fees for particular types of records, as opposed to a statute that generally discusses such fees. Fees are required by statute to:</P>
              <P>(1) Make Government information conveniently available to the public and to private sector organizations;</P>
              <P>(2) Ensure that groups and individuals pay the cost of publications and other services which are for their special use so that these costs are not borne by the general taxpaying public;</P>
              <P>(3) Operate an information dissemination activity on self-sustaining basis to the maximum extent possible; or</P>
              <P>(4) Return revenue to the Treasury for defraying, wholly or in part, appropriated funds used to pay the cost of disseminating Government information.</P>
              <P>(b) The term <E T="03">direct costs</E> means those expenditures which GSA actually incurs in searching for and duplicating (and in the case of commercial requesters, reviewing and redacting) documents to respond to a FOIA request. Direct costs include, for example, the salary of the employee performing the work (the basic rate of pay for the employee plus 16 percent of that rate to cover benefits), and the cost of operating duplicating machinery. Overhead expenses such as costs of space, and heating or lighting the facility where the records are stored are not included in direct costs.</P>
              <P>(c) The term <E T="03">search</E> includes all time spent looking for material that is responsive to a request, including line-by-line identification of material within documents. Searches will be performed in the most efficient and least expensive manner so as to minimize costs for both the agency and the requester. Line-by-line searches will not be undertaken when it would be more efficient to duplicate the entire document. <E T="03">Search</E> for responsive material is not the same as <E T="03">review</E> of a record to <PRTPAGE P="202"/>determine whether it is exempt from disclosure in whole or in part (see paragraph (e) of this section. Searches may be done manually or by computer using existing programming or new programming when this would not significantly interfere with the operation of the automated system in question.</P>
              <P>(d) The term <E T="03">duplication</E> means the process of making a copy of a document in response to a FOIA request. Copies can take the form of paper, microform audiovisual materials, or magnetic types or disks. To the extent practicable, GSA will provide a copy of the material in the form specified by the requester.</P>
              <P>(e) The term <E T="03">review</E> means the process of examining documents located in response to a request to determine if any portion of that document is permitted to be withheld and processing any documents for disclosure. See § 105-60.305-6.</P>
              <P>(f) The term <E T="03">commercial-use request</E> means a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or person on whose behalf the request is made. GSA will determine whether a requester properly belongs in this category by determining how the requester will use the documents.</P>
              <P>(g) The term <E T="03">educational institution</E> means a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of undergraduate higher education, an institution of professional education, or an institution of vocational education which operates a program or programs of scholarly research.</P>
              <P>(h) The term <E T="03">noncommercial scientific institution</E> means an institution that is not operated on a “commercial” basis as that term is used in paragraph (f) of this section and which is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry.</P>
              <P>(i) The term <E T="03">representative of the news media</E> means any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term <E T="03">news</E> means information that is about current events or that would be of current interest to the public. Examples of news media include television or radio stations broadcasting to the public at large, and publishers of periodicals (but only in those instances when they can qualify as disseminators of “news”) who make their products available for purchase or subscription by the general public. “Freelance” journalists will be regarded as working for a news organization if they can demonstrate a solid basis for expecting publication through that organization even though they are not actually employed by it.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-2</SECTNO>
              <SUBJECT>Scope of this subpart.</SUBJECT>
              <P>This subpart sets forth policies and procedures to be followed in the assessment and collection of fees from a requester for the search, review, and reproduction of GSA records.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-3</SECTNO>
              <SUBJECT>GSA records available without charge.</SUBJECT>
              <P>GSA records available to the public are displayed in the Business Service Center for each GSA region. The address and phone number of the Business Service Centers are listed in § 105-60.303. Certain material related to bids (excluding construction plans and specifications) and any material displayed are available without charge upon request.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-4</SECTNO>
              <SUBJECT>GSA records available at a fee.</SUBJECT>
              <P>(a) GSA will make a record not subject to exemption available at a time and place mutually agreed upon by GSA and the requester at fees shown in § 105-60.305-10. Waivers of these fees are available under the conditions described in § 105-60.305-13. GSA will agree to:</P>
              <P>(1) Show the originals to the requester;</P>
              <P>(2) Make one copy available at a fee; or</P>
              <P>(3) A combination of these alternatives.</P>
              <P>(b) GSA will make copies of voluminous records as quickly as possible. GSA may, in its discretion, make a reasonable number of additional copies for a fee when commercial reproduction services are not available to the requester.</P>
            </SECTION>
            <SECTION>
              <PRTPAGE P="203"/>
              <SECTNO>§ 105-60.305-5</SECTNO>
              <SUBJECT>Searches.</SUBJECT>
              <P>(a) GSA may charge for the time spent in the following activities in determining “search time” subject to applicable fees as provided in § 105-60.305-10:</P>
              <P>(1) Time spent in trying to locate GSA records which come within the scope of the request;</P>
              <P>(2) Time spent in either transporting a necessary agency searcher to a place of record storage, or in transporting records to the locations of a necessary agency searcher; and</P>
              <P>(3) Direct costs of the use of computer time to locate and extract requested records.</P>
              <P>(b) GSA will not charge for the time spent in monitoring a requester's inspection of disclosed agency records.</P>
              <P>(c) GSA may assess fees for search time even if the search proves unsuccessful or if the records located are exempt from disclosure.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-6</SECTNO>
              <SUBJECT>Reviews.</SUBJECT>
              <P>(a) GSA will charge only commercial-use requesters for review time.</P>
              <P>(b) GSA will charge for the time spent in the following activities in determining “review time” subject to applicable fees as provided in § 105-60.305-10:</P>
              <P>(1) Time spent in examining a requested record to determine whether any or all of the record is exempt from disclosure, including time spent consulting with submitters of requested information; and</P>
              <P>(2) Time spent in deleting exempt matter being withheld from records otherwise made available.</P>
              <P>(c) GSA will not charge for:</P>
              <P>(1) Time spent in resolving issues of law or policy regarding the application of exemptions; or</P>
              <P>(2) Review at the administrative appeal level of an exemption already applied. However, records or portions of records withheld in full under an exemption which is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not previously considered. GSA will charge for such subsequent review.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-7</SECTNO>
              <SUBJECT>Assurance of payment.</SUBJECT>
              <P>If fees for search, review, and reproduction will exceed $25 but will be less than $250, the requester must provide written assurance of payment before GSA will process the request. If this assurance is not included in the initial request, GSA will notify the requester that assurance of payment is required before the request is processed. GSA will offer requesters an opportunity to modify the request to reduce the fee.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-8</SECTNO>
              <SUBJECT>Prepayment of fees.</SUBJECT>
              <P>(a) <E T="03">Fees over $250.</E> GSA will require prepayment of fees for search, review, and reproduction which are likely to exceed $250. When the anticipated total fee exceeds $250, the requester will receive notice to prepay and at the same time will be given an opportunity to modify his or her request to reduce the fee. When fees will exceed $250, GSA will notify the requester that it will not start processing a request until payment is received.</P>
              <P>(b) <E T="03">Delinquent payments.</E> As noted in § 105-6.305-12(d), requesters who are delinquent in paying for previous requests will be required to repay the old debt and to prepay for any subsequent request. GSA will inform the requester that it will process no additional requests until all fees are paid.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-9</SECTNO>
              <SUBJECT>Form of payment.</SUBJECT>
              <P>Requesters should pay fees by check or money order made out to the General Services Administration and addressed to the official named by GSA in its correspondence. Payment may also be made by means of Mastercard or Visa. For information concerning payment by credit cards, call 816-926-7551.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-10</SECTNO>
              <SUBJECT>Fee schedule.</SUBJECT>
              <P>(a) When GSA is aware that documents responsive to a request are maintained for distribution by an agency operating a statutory fee based program, GSA will inform the requester of the procedures for obtaining records from those sources.</P>
              <P>(b) GSA will consider only the following costs in fees charged to requesters of GSA records:</P>
              <P>(1) Review and search fees.
              </P>
              <EXTRACT>
                <PRTPAGE P="204"/>
                <P>Manual searches by clerical staff: $13 per hour or fraction of an hour.</P>
                <P>Manual searches and reviews by professional staff in cases in which clerical staff would be unable to locate the requested records: $29 per hour or fraction of an hour.</P>
                <P>Computer searches: Direct cost to GSA.</P>
                <P>Transportation or special handling of records: Direct cost to GSA.</P>
              </EXTRACT>
              
              <P>(2) Reproduction fees.
              </P>
              <EXTRACT>
                <P>Pages no larger than 8<FR>1/2</FR> by 14 inches, when reproduced by routine electrostatic copying: 10¢ per page.</P>
                <P>Pages over 8<FR>1/2</FR> by 14 inches: Direct cost of reproduction to GSA.</P>
                <P>Pages requiring reduction, enlargement, or other special services: Direct cost of reproduction to GSA.</P>
                <P>Reproduction by other than routine electrostatic copying: Direct cost of reproduction to GSA.</P>
              </EXTRACT>
              
              <P>(c) Any fees not provided for under paragraph (b) of this section, shall be calculated as direct costs, in accordance with § 105-60.305-1(b).</P>
              <P>(d) GSA will assess fees based on the category of the requester as defined in § 105-60.305-1(f)-(1); i.e., commercial-use, educational and noncommercial scientific institutions, news media, and all other. The fees listed in paragraph (b) of this section apply with the following exceptions:</P>
              <P>(1) GSA will not charge the requester if the fee is $25 or less as the cost of collection is greater than the fee.</P>
              <P>(2) Educational and noncommercial scientific institutions and the news media will be charged for the cost of reproduction alone. These requesters are entitled to the first 100 pages (paper copies) of duplication at no cost. The following are examples of how these fees are calculated:</P>
              <P>(i) A request that results in 150 pages of material. No fee would be assessed for duplication of 150 pages. The reason is that these requesters are entitled to the first 100 pages at no charge. The charge for the remaining 50 pages would be $5.00. This amount would not be billed under the preceding section.</P>
              <P>(ii) A request that results in 450 pages of material. The requester in this case would be charged $35.00. The reason is that the requester is entitled to the first 100 pages at no charge. The charge for the remaining 350 pages would be $35.</P>

              <P>(3) Noncommercial requesters who are not included under paragraph (d)(2) of this section will be entitled to the first 100 pages (page copies) of duplication at not cost and two hours of search without charge. The term <E T="03">search time</E> generally refers to manual search. To apply this term to searches made by computer, GSA will determine the hourly cost of operating the central processing unit and the operator's hourly salary plus 16 percent. When the cost of search (including the operator time and the cost of operating the computer to process a request) reaches the equivalent dollar amount of two hours of the salary of the person performing a manual search, i.e., the operator, GSA will begin assessing charges for computer search.</P>
              <P>(4) GSA will charge commercial-use requesters fees which recover the full direct costs of searching for, reviewing for release, and duplicating the records sought. Commercial-use requesters are not entitled to two hours of free search time.</P>
              <P>(e) Determining category of requester. GSA may ask any requester to provide additional information at any time to determine what fee category he or she falls under.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-11</SECTNO>
              <SUBJECT>Fees for authenticated and attested copies.</SUBJECT>
              <P>The fees set forth in § 105-60.305-10 apply to requests for authenticated and attested copies of GSA records.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-12</SECTNO>
              <SUBJECT>Administrative actions to improve assessment and collection of fees.</SUBJECT>
              <P>(a) <E T="03">Charging interest.</E> GSA may charge requesters who fail to pay fees interest on the amount billed starting on the 31st day following the day on which the billing was sent. Interest will be at the rate prescribed in 31 U.S.C. 3717.</P>
              <P>(b) <E T="03">Effect of the Debt Collection Act of 1982.</E> GSA will take any action authorized by the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), including disclosure to consumer reporting agencies, use of collection agencies, and assessment of penalties and administrative costs, where appropriate, to encourage payment.</P>
              <P>(c) <E T="03">Aggregating requests.</E> When GSA reasonably believes that a requester, or <PRTPAGE P="205"/>group of requesters acting in concert, is attempting to break down a request into a series of requests related to the same subject for the purpose of evading the assessment of fees, GSA will combine any such requests and charge accordingly, including fees for previous requests where charges were not assessed. GSA will presume that multiple requests of this type within a 30-day period are made to avoid fees.</P>
              <P>(d) <E T="03">Advanced payments.</E> Whenever a requester is delinquent in paying the fee for a previous request (i.e., within 30 days of the date of the billing), GSA will require the requester to pay the full amount owed plus any applicable interest penalties and administrative costs as provided in paragraph (a) of this section or to demonstrate that he or she has, in fact, paid the fee. In such cases, GSA will also require advance payment of the full amount of the estimated fee before the agency begins to process a new request or a pending request from that requester. When advance payment is required under this selection, the administrative time limits in subsection (a)(6) of the FOIA (i.e., 10 working days from receipt of appeals from initial denial plus permissible time extensions) will begin only after GSA has received the fee payments described in § 105-60.305-8.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.305-13</SECTNO>
              <SUBJECT>Waiver of fee.</SUBJECT>
              <P>(a) Any request for a waiver or the reduction of a fee should be included in the initial letter requesting access to GSA records under § 105-60.402-1. The waiver request should explain how disclosure of the information would contribute significantly to public's understanding of the operations or activities of the Government and would not be primarily in the commercial interest of the requester. In responding to a requester, GSA will consider the following factors:</P>
              <P>(1) Whether the subject of the requested records concerns “the operations or activities of the Government.” The subject matter of the requested records must specifically concern identifiable operations or activities of the Federal Government. The connection between the records and the operations or activities must be direct and clear, not remote or attenuated.</P>
              <P>(2) Whether the disclosure is “likely to contribute” to an understanding of Government operations or activities. In this connection, GSA will consider whether the requested information is already in the public domain. If it is, then disclosure of the information would not be likely to contribute to an understanding of Government operations or activities, as nothing new would be added to the public record.</P>
              <P>(3) Whether disclosure of the requested information will contribute to “public's understanding.” The focus here must be on the contribution to public's understanding rather than personal benefit to be derived by the requester. For purposes of this analysis, the identity and qualifications of the requester should be considered to determine whether the requester is in a position to contribute to public's understanding through the requested disclosure.</P>
              <P>(4) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and if so: whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public's interest in disclosure, that disclosure is “primarily in the commercial interest of the requester.”</P>
              <P>(b) GSA will ask the requester to furnish additional information if the initial request is insufficient to evaluate the merits of the request. GSA will not start processing a request until the fee waiver issue has been resolved unless the requester has provided written assurance of payment in full if the fee waiver is denied by the agency.</P>
            </SECTION>
          </SUBPART>
          <SUBPART>
            <HD SOURCE="HED">Subpart 105-60.4—Described Records</HD>
            <SECTION>
              <SECTNO>§ 105-60.401</SECTNO>
              <SUBJECT>General.</SUBJECT>

              <P>(a) Except for records made available in accordance with subparts 105-60.2 and 105-60.3 of this part, GSA will make records available to a requester promptly when the request reasonably describes the records unless GSA invokes an exemption in accordance with subpart 105-60.5 of this part. Although the burden of reasonable description of the records rests with the requester, <PRTPAGE P="206"/>whenever practical GSA will assist requesters to describe records more specifically.</P>
              <P>(b) Whenever a request does not reasonably describe the records requested, GSA may contact the requester to seek a more specific description. The 20-workday time limit set forth in § 105-60.402-2 will not start until the official identified in § 105-60.402-1 or other responding official receives a request reasonably describing the records.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.402</SECTNO>
              <SUBJECT>Procedures for making records available.</SUBJECT>
              <P>This subpart sets forth initial procedures for making records available when they are requested, including administrative procedures to be exhausted prior to seeking judicial review by an appropriate United States District Court.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.402-1</SECTNO>
              <SUBJECT>Submission of requests.</SUBJECT>
              <P>For records located in the GSA Central Office, the requester must submit a request in writing to the GSA FOIA Officer, General Services Administration (CAI), Washington, DC 20405. Requesters may FAX requests to (202) 501-2727, or submit a request by electronic mail to gsa.foi@gsa.gov. For records located in the Office of Inspector General, the requester must submit a request to the FOIA Officer, Office of Inspector General, General Services Administration, 1800 F Street NW., Room 5324, Washington, DC 20405. For records located in the GSA regional offices, the requester must submit a request to the FOIA Officer for the relevant region, at the address listed in § 105-60.303(a). Requests should include the words “Freedom of Information Act Request” prominently marked on both the face of the request letter and the envelope. The 20-workday time limit for agency decisions set forth in § 105-60.402-2 begins with receipt of a request in the office of the official identified in this section, unless the provisions under §§ 105-60.305-8 and 105-60.305-12(d) apply. Failure to include the words “Freedom of Information Act Request” or to submit a request to the official identified in this section will result in processing delays. A requester with questions concerning a FOIA request should contact the GSA FOIA Office, General Services Administration (CAI), 18th and F Streets, NW., Washington, DC 20405, (202) 501-2262.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.402-2</SECTNO>
              <SUBJECT>Response to initial requests.</SUBJECT>
              <P>(a) GSA will respond to an initial FOIA request that reasonably describes requested records, including a fee waiver request, within 20 workdays (that is, excluding Saturdays, Sundays, and legal holidays) after receipt of a request by the office of the appropriate official specified in § 105-60.402-1. This letter will provide the agency's decision with respect to disclosure or nondisclosure of the requested records, or, if appropriate, a decision on a request for a fee waiver. If the records to be disclosed are not provided with the initial letter, the records will be sent as soon as possible thereafter.</P>
              <P>(b) In unusual circumstances, as described in § 105-60.404, GSA will inform the requester of the agency's need to take an extension of time, not to exceed an additional 10 workdays. This notice will afford requesters an opportunity to limit the scope of the request so that it may be processed within prescribed time limits or an opportunity to arrange an alternative time frame for processing the request or a modified request. Such mutually agreed time frames will supersede the 10 day limit for extensions.</P>

              <P>(c) GSA will consider requests for expedited processing from requesters who submit a statement describing a compelling need and certifying that this need is true and correct to the best of such person's knowledge and belief. A <E T="03">compelling need</E> means:</P>
              <P>(1) Failure to obtain the records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or</P>

              <P>(2) The information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity. An individual primarily engaged in dissmeninating information means a person whose primary activity involves publishing or otherwise disseminating information to the public. “Urgently needed” information has a particular <PRTPAGE P="207"/>value that will be lost if not disseminated quickly, such as a breaking news story or general public interest. Information of historical interest only, or information sought for litigation or commercial activities would not qualify, nor would a news media publication or broadcast deadline unrelated to the newsbreaking nature of the information.</P>
              <P>(d) GSA will decide whether to grant expedited processing within five working days of receipt of the request. If the request is granted, GSA will process the request ahead of non-expedited requests, as soon as practicable. If the request is not granted, GSA will give expeditious consideration to administrative appeals of this denial.</P>
              <P>(e) GSA may, at its discretion, establish three processing queues based on whether any requests have been granted expedited status and on the difficulty and complexity of preparing a response. Within each queue, responses will be prepared on a “first in, first out” basis. One queue will be made up of expedited requests; the second, of simple responses that clearly can be prepared without requesting an extension of time; the third, of responses that will require an extension of time.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.403</SECTNO>
              <SUBJECT>Appeal within GSA.</SUBJECT>
              <P>(a) A requester who receives a denial of a request, in whole or in part, a denial of a request for expedited processing or of a fee waiver request may appeal that decision within GSA. A requester may also appeal the adequacy of the search if GSA determines that it has searched for but has not requested records. The requester must send the appeal to the GSA FOIA Officer, General Services Administration (CAI), Washington, DC 20405, regardless of whether the denial being appealed was made in the Central Office or in a regional office. For denials which originate in the Office of Inspector General, the requester must send the appeal to the Inspector General, General Services Administration, 1800 F Street NW., Washington, DC 20405.</P>
              <P>(b) The GSA FOIA Officer must receive an appeal no later than 120 calendar days after receipt by the requester of the initial denial of access or fee waiver.</P>
              <P>(c) An appeal must be in writing and include a brief statement of the reasons he or she thinks GSA should release the records or provide expedited processing and enclose copies of the initial request and denial. The appeal letter must include the words “Freedom of Information Act Appeal” on both the face of the appeal letter and on the envelope. Failure to follow these procedures will delay processing of the appeal. GSA has 20 workdays after receipt of a proper appeal of denial of records to issue a determination with respect to the appeal. The 20-workday time limit shall not begin until the GSA FOIA Officer receives the appeal. As noted in § 105-60.404, the GSA FOIA Officer may extend this time limit in unusual circumstances. GSA will process appeals of denials of expedited processing as soon as possible after receiving them.</P>
              <P>(d) A requester who receives a denial of an appeal, or who has not received a response to an appeal or initial request within the statutory time frame may seek judicial review in the United States District Court in the district in which the requester resides or has a principal place of business, or where the records are situated, or in the United States District Court for the District of Columbia.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.404</SECTNO>
              <SUBJECT>Extension of time limits.</SUBJECT>

              <P>(a) In unusual circumstances, the GSA FOIA Officer or the regional FOIA Officer may extend the time limits prescribed in §§ 105-60.402 and 105-60.403. For purposes of this section, the term <E T="03">unusual circumstances</E> means:</P>
              <P>(1) The need to search for an collect the requested records from field facilities or other establishments that are separate from the office processing the request;</P>
              <P>(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are described in a single request;</P>

              <P>(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or <PRTPAGE P="208"/>more components of GSA having substantial subject-matter interest therein; or</P>
              <P>(4) The need to consult with the submitter of the requested information.</P>
              <P>(b) If necessary, GSA may take more than one extension of time. However, the total extension of time to respond to any single request shall not exceed 10 workdays. The extension may be divided between the initial and appeal stages or within a single stage. GSA will provide written notice to the requester of any extension of time limits.</P>
            </SECTION>
            <SECTION>
              <SECTNO>§ 105-60.405</SECTNO>
              <SUBJECT>Processing requests for confidential commercial information.</SUBJECT>
              <P>(a) <E T="03">General.</E> The following additional procedures apply when processing requests for confidential commercial information.</P>
              <P>(b) <E T="03">Definitions.</E> For the purposes of this section, the following definitions apply:</P>
              <P>(1) <E T="03">Confidential commercial information</E> means records provided to the Government by a submitter that contain material arguably exempt from release under 5 U.S.C. 552(b)(4), because disclosure could reasonably be expected to cause substantial competitive harm.</P>
              <P>(2) <E T="03">Submitter</E> means a person or entity which provides to the Government information which may constitute confidential commercial information. The term <E T="03">submitter</E> includes, but is not limited to, individuals, partnerships, corporations, State governments, and foreign governments.</P>
              <P>(c) <E T="03">Designating confidential commercial information.</E> Since January 1, 1988, submitters have been required to designate confidential commercial information as such when it is submitted to GSA or at a reasonable time thereafter. For information submitted in connection with negotiated procurements, the requirements of Federal Acquisition Regulation 48 CFR 15.407(c)(8) and 52.215-12 also apply.</P>
              <P>(d) <E T="03">Procedural requirements—consultation with the submitter.</E>(1) If GSA receives a FOIA request for potentially confidential commercial information, it will notify the submitter immediately by telephone and invite an opinion whether disclosure will or will not cause substantial competitive harm.</P>
              <P>(2) GSA will follow up the telephonic notice promptly in writing before releasing any records unless paragraph (f) of this section applies.</P>
              <P>(3) If the