[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Rules and Regulations]
[Pages 5166-5167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2626]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 570
[APD 2800.12A, CHGE 74]
RIN 3090-AF92
General Services Administration Acquisition Regulation;
Acquisition of Leasehold Interests in Real Property
AGENCY: Office of Acquisition Policy. GSA.
ACTION: Interim rule adopted as final.
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SUMMARY: The General Services Administration Acquisition Regulation
(GSAR) interim rule published at 61 FR 2470, May 16, 1996, is converted
to a final rule with changes. The interim rule is amended to revise
section 570.106 to reflect changes made as a result of public comments.
Section 570.303 of the interim rule is adopted as final without change.
The interim rule published at 61 FR 2470, May 16, 1996, authorized the
use of design-build select procedures in Section 303M of the Federal
Property and Administrative Services Act of 1949, as amended by Public
Law 104-106, February 10, 1996, for lease construction projects.
EFFECTIVE DATE: February 10, 1997.
FOR FURTHER INFORMATION CONTACT: Tom Wisnowski, GSA Acquisition Policy
Division, (202) 501-1224.
SUPPLEMENTARY INFORMATION:
A. Public Comments
Comments on the interim rule published on May 16, 1996, (61 FR
24720) were submitted by the Council on Federal Procurement of
Architectural and Engineering Services (COFPAES). COFPAES recommended
revision of section 570.106(c) to more closely reflect statutory
language, including circumstances for use of two-phase design-build
procedures and specification of all criteria to be considered by the
contracting officer. This revision has been incorporated in the final
rule.
B. Executive Order 12866
This rule is not a significant rule as defined in Executive Order
12866.
C. Regulatory Flexibility Act
The GSA certifies that this final rule will not have a significant
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the rule
will apply to a very small number of leases per year (less than 25) and
the rule simplifies procedures and reduces the cost of competing in the
initial phases of a procurement.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule under 5 U.S.C. 804. This rule was
submitted to Congress and GAO under 5 U.S.C. 804.
List of Subjects in 48 CFR Part 570
Government procurement.
Accordingly, the interim rule amending 48 CFR Part 570 which was
published at 61 FR 24720 on May 16, 1996, is adopted as a final rule
with the following changes:
PART 570--ACQUISITION OF LEASEHOLD INTERESTS IN REAL PROPERTY
1. The authority citation for 48 CFR 570-continues to read as
follows:
Authority: 40 U.S.C. 486(c).
2. Section 570.106 is amended by revising paragraphs (c), (c)(1),
(c)(2), and (c)(3) to read as follows:
570.106 Methods of contracting
* * * * *
(c) Unless another acquisition procedure authorized by law is used,
the design-build selection procedures in section 303M of the Federal
Property
[[Page 5167]]
and Administrative Services Act of 1949, as amended, shall be used for
lease construction projects, including projects with options to
purchase the real property leased. The design-build selection
procedures in section 303M shall be used when the lease involves the
design and construction of a public building, facility or work for
lease to the Government when the contracting officer determines that
this method is appropriate, based on the following:
(1) Three or more offers are anticipated;
(2) A substantial amount of design work will be performed by
offerors, that may result in offerors incurring substantial expenses in
preparing offers; and
(3) Criteria, such as the following, have been considered:
(i) The extent to which the project requirements have been
adequately defined;
(ii) The time constraints for delivery of the project;
(iii) The capability and experience of potential contractors;
(iv) The suitability of the project for use of the two-phase
selection procedures;
(v) The capability of the agency to manage the two-phase selection
process; and
(vi) Other criteria established by the head of the contracting
activity.
Dated: January 27, 1997.
Ida M. Ustad,
Deputy Associate Administrator, Office of Acquisition Policy.
[FR Doc. 97-2626 Filed 2-3-97; 8:45 am]
BILLING CODE 6820-61-M
