[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-25093] [[Page Unknown]] [Federal Register: October 17, 1994] ======================================================================= ----------------------------------------------------------------------- GENERAL SERVICES ADMINISTRATION 48 CFR Parts 552 and 570 [APD 2800.12A CHGE 56] RIN 3090-AF58 General Services Administration Acquisition Regulation; Local Measurement AGENCY: Office of Acquisition Policy, GSA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The General Services Administration Acquisition Regulation (GSAR) is amended to revise sections 552.270-4, 552.270-21, 552.270-25, and 552.270-28 to provide for the use of the term ``occupiable'' space in lieu of ``net usable'' space; section 552.270-31 is revised to reflect how the amount of occupiable space is determined; section 552.270-41 is added to provide for the acceptance of space; section 570.702-22 is revised to change the section title; and section 570.702- 32 is added to prescribe a new clause on the acceptance of space. EFFECTIVE DATE: October 17, 1994. FOR FURTHER INFORMATION CONTACT: John Joyner, Office of GSA Acquisition Policy (202) 501-1224. SUPPLEMENTARY INFORMATION: A. Public Comments This rule was not published in the Federal Register for public comment because it is not a significant revision as defined in FAR 1.501-1. B. Executive Order 12866 This rule was reviewed by the Office of Management and Budget (OMB) in accordance with Executive Order 12866, Regulatory Planning and Review. C. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply because this rule is not a significant revision as defined in FAR 1.501-1. D. Paperwork Reduction Act This rule does not impose any information collection or recordkeeping requirements that require the approval of OMB under 44 U.S.C. 3501, et. seq. Therefore, the requirements of the Paperwork Reduction Act do not apply. List of Subjects in 48 CFR Parts 552 and 570 Government procurement. Accordingly, 48 CFR Parts 552 and 570 are amended as follows: 1. The authority citation for 48 CFR Parts 552 and 570 continues to read as follows: Authority: 40 U.S.C. 486(c). PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 2. Section 552.270-4 is amended by revising the date of the clause and paragraph (a)(2) to read as follows: 552.270-4 Historic preference. * * * * * Historic Preference (Aug 1994) * * * * * (a) * * * (2) The rental is no more than 10 percent higher on a total annual square foot (occupiable) cost to the Government than the lowest otherwise acceptable offer. * * * * * 3. Section 552.270-21 is amended by revising the clause date and paragraph (b)(4) to read as follows: 552.270-21 Changes. * * * * * Changes (Aug 1994) * * * * * (b) * * * (4) An equitable adjustment of the annual operating costs per occupiable square foot specified in this lease. * * * * * 4. Section 552.270-25 is amended by revising the clause date and paragraph (b) to read as follows: 552.270-25 Adjustment for vacant premises. * * * * * Adjustment for Vacant Premises (Aug 1994) * * * * * (b) The rate will be reduced by that portion of the costs per occupiable square foot of operating expenses not required to maintain the space. Said reduction must occur after the Government gives 30 calendar days prior notice to the Lessor, and must continue in effect until the Government occupies the premises or the lease expires or is terminated. 5. Section 552.270-28 is amended by revising the clause date and paragraph (b) to read as follows: 552.270-28 Default in delivery--Time Extensions. * * * * * Default in Delivery--Time Extensions (Aug 1994) * * * * * (b) Delivery by Lessor of less than the minimum occupiable square footage required by this lease shall in no event be construed as substantial completion, except as permitted by the Contracting Officer. * * * * * 6. Section 552.270-31 is revised to read as follows: 552.270-31 Payment. As prescribed in 570.702-22, insert the following clause: Payment (Aug 1994) (a) When space is offered and accepted, the occupiable square footage delivered will be confirmed by: (1) the Government's measurement of plans submitted by the successful offeror as approved by the Government, and an inspection of the space to verify that the delivered space is in conformance with such plans; or (2) a mutual on-site measurement of the space if the Contracting Officer determines that it is necessary. (b) Payment will not be made for space which is in excess of the amount of occupiable square footage stated in the lease. (c) If it is determined that the amount of occupiable square footage actually delivered is less than the amount agreed to in the lease, the lease will be modified to reflect the amount of occupiable space delivered and the annual rental will be adjusted as follows: (1) Occupiable square feet not delivered multiplied by one plus the common area factor (CAF), multiplied by the rate per rentable square foot (RSF). (2) OSF x (1+CAF) x Rate per RSF=Reduction in Annual Rent. 7. Section 552.270-41 is added to read as follows: 552.270-41 Acceptance of space. As prescribed in 570.702-32, insert the following clause: Acceptance of Space (Aug 1994) (a) When the lessor has completed all alterations, improvements, and repairs necessary to meet the requirements of the lease, the lessor shall notify the Contracting Officer. The Contracting Officer or designated representative shall promptly inspect the space. (b) The Government will accept the space and the lease term will begin after determining that the space is substantially complete and contains the required occupiable square footage as indicated in Paragraph 1.1, Amount and Type of Space, of this solicitation. PART 570--ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY 8. Section 570.702-22 is revised to read as follows: 570.702-22 Payment. The contracting officer shall insert a clause substantially the same as the clause at 552.270-31, Payment, in solicitations and contracts for leasehold interests in real property which involve both more than 10,000 square feet of space and terms which exceed 6 months. Use of the clause is optional for 10,000 square feet or less of space or for terms of 6 months or less regardless of the square footage. 9. Section 570.702-32 is added to read as follows: 570.702-32 Acceptance of space. The contracting officer shall insert a clause substantially the same as the clause at 552.270-41, Acceptance of space, in solicitations and contracts for leasehold interests in real property which involve both more than 10,000 square feet of space and terms which exceed 6 months. Use of the clause is optional for 10,000 square feet or less of space or for terms of 6 months or less regardless of the square footage. Dated: September 2, 1994. Arthur E. Ronkovich, Acting Associate Administrator for Acquisition Policy. [FR Doc. 94-25093 Filed 10-14-94; 8:45 am] BILLING CODE 6820-61-M