[Federal Register Volume 64, Number 27 (Wednesday, February 10, 1999)]
[Proposed Rules]
[Page 6589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3259]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-25, 101-31, and 101-38
RIN 3090-AG84
Guidelines for Making Purchase or Lease Determinations and Use of
Private Inspection, Testing, and Grading Services
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Proposed rule.
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SUMMARY: The General Services Administration is proposing to remove
Federal Property Management Regulations (FPMR) 101-25.5, Guidelines for
Making Purchase or Lease Determinations, and 101-31.2, Use of Private
Inspection, Testing, and Grading Services, from the FPMR. Adequate
coverage on these issues is contained in the Federal Acquisition
Regulation (FAR). As a result, no replacement coverage will be included
in the forthcoming Federal Property and Administrative Services
Regulation (FPASR). A cross-reference will be added to the FPMR to
direct readers to the appropriate FAR coverage.
DATES: Comments must be received on or before April 12, 1999 to be
considered in the formulation of the final rule.
ADDRESSES: Written comments should be sent to the Regulatory
Secretariat (MVRS), General Services Administration, Room 4035, 1800 F
Street, NW., Washington, DC 20405.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GS Building, Washington DC 20405, (202) 208-7312, for information
pertaining to status or publication schedules. For clarification of
content contact: FPMR Part 101-25, Jack O'Neill, at 501-3856, or FPMR
Part 101-31, Ms. Linda Klein, at (202) 501-3775.
SUPPLEMENTARY INFORMATION:
A. Background
In an effort to improve GSA's external directives system, GSA has
undertaken a review of the Federal Property Management Regulations
(FPMR). The FPMR prescribes Governmentwide regulations for real
property, personal property, and other programs and activities within
GSA's regulatory authority. GSA will update, streamline, and clarify
the content of the FPMR over the next year. As part of this review, GSA
is proposing to:
1. Remove FPMR 101-25.5 regarding Guidelines for Making Purchase or
Lease Determinations and add a cross-reference to the FAR in its place.
The decision to lease or purchase is an acquisition matter and coverage
on this subject is contained in FAR Subpart 7.4.
2. Remove FPMR 101-31.2 regarding the use of private inspection,
testing, and grading services and add a cross-reference to the FAR in
its place. Coverage on this subject is provided in the Federal
Acquisition Regulation (FAR). FAR Part 46, Quality Assurance,
prescribes policies and procedures to ensure that supplies and services
acquired under Government contract conform to the contract's quality
and quantity requirements. Included in Part 46 are inspection and other
measures associated with quality requirements. FAR Part 37 covers
service contracting. FAR Subpart 7.5, Inherently Governmental
Functions, addresses what is and is not an inherently Governmental
function.
B. Executive Order 12866
The General Services Administration has determined that this
proposed rule is not a significant regulatory action for the purposes
of Executive Order 12866.
C. Regulatory Flexibility Act
This proposed rule is not expected to have a significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because similar
coverage continues to be provided in the Federal Acquisition
Regulation.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
rule does not impose reporting, recordkeeping or information collection
requirements which require the approval of the Office of Management and
Budget pursuant to 44 U.S.C. 3501 et seq.
E. Small Business Regulatory Enforcement Act
This proposed rule is not a major rule under 5 U.S.C. 804. List of
Subjects in 41 CFR Parts 101-25, 101-31 and 101-38 Government property
management.
For the reasons set forth in the preamble, it is proposed that 41
CFR parts 101-25, 101-31, and 101-38 be amended as follows:
1. The authority citation for parts 101-25, 101-31, and 101-38
continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).
PART 101-25--GENERAL
2. Subpart 101-25.5 is revised to read as follows:
Subpart 101-25.5--Purchase or Lease Determinations
Sec. 101-25.2-1 Cross-reference to the Federal Acquisition Regulation
(FAR) (48 CFR Chapter 1, Parts 1-99).
For guidance see Federal Acquisition Regulation Subpart 7.4 (48 CFR
Subpart 7.4).
PART 101-31--INSPECTION AND QUALITY CONTROL
3. Subpart 101-31.2 is revised to read as follows:
Subpart 101-31.2--Inspection, Testing, and Grading
Sec. 101-31.2-1 Cross-reference to the Federal Acquisition Regulation
(FAR) (48 CFR Chapter 1, Parts 1-99).
For guidance see Federal Acquisition Regulation (e.g., Subpart 7.5,
and Parts 37 and 46) (48 CFR Subpart 7.5, and Parts 37 and 46).
PART 101-38--MOTOR VEHICLE MANAGEMENT
4. Section 101-38.105 is amended by removing paragraph (g) and
redesignating paragraphs (h) and (i) as paragraphs (g) and (h)
respectively.
Dated: February 4, 1999.
G. Martin Wagner,
Associate Administrator for Governmentwide Policy.
[FR Doc. 99-3259 Filed 2-9-99; 8:45 am]
BILLING CODE 6820-34-P
