[Federal Register: March 24, 2009 (Volume 74, Number 55)]
[Rules and Regulations]
[Page 12272-12274]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr09-15]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-72
[FMR Amendment 2009-03; FMR Case 2009-102-1; Docket 2009-0002; Sequence
2]
RIN 3090-AI86
Federal Management Regulation; FMR Case 2009-102-1, Delegation of
Authority To Perform Ancillary Repair and Alteration Work in Federally
Owned Buildings Under the Jurisdiction, Custody or Control of the
General Services Administration
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: GSA is amending the Federal Management Regulation (FMR) to
delegate to Executive agencies the authority to perform ancillary
repair and alteration work in federally owned buildings under the
jurisdiction, custody or control of GSA in accordance with the terms,
conditions and limitations set forth in sections 102-72.66 through 102-
72.69.
DATES: Effective Date: April 23, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Stanley C. Langfeld, Director,
Regulations Management Division, Office of Governmentwide Policy,
General Services Administration, at (202) 501-1737, or by e-mail at
stanley.langfeld@gsa.gov, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat, Room 4041, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FMR Amendment 2009-03, FMR Case 2009-102-1.
SUPPLEMENTARY INFORMATION:
A. Background
The GSA Federal Acquisition Service established Ancillary Repair
and Alterations as a Special Item Number (SIN) in the GSA Multiple
Award Schedule. The SIN provides for the acquisition of ancillary
repair and alteration services when it is a minor part of a project and
is required to support a product or service that is purchased under the
same GSA Multiple Award Schedule from the same vendor.
An Executive agency may not perform ancillary repair and alteration
work in a federally owned building under the jurisdiction, custody or
control of GSA using this SIN without first obtaining a delegation of
authority from the Administrator of General Services. To promote
efficiency and economy, 41 CFR sections 102-72.66 through 102-72.69
delegate such ancillary repair and alteration authority to all
Executive agencies in accordance with the terms, conditions and
limitations set forth in those sections.
B. Executive Order 12866
The GSA has determined that this final rule is not a significant
regulatory action for the purposes of Executive Order 12866.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act does
not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose information collection requirements that require
the
[[Page 12273]]
approval of the Office of Management and Budget under 44 U.S.C. 3501-
3521.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is exempt from Congressional review under 5 U.S.C.
801, since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Part 102-72
Delegation of authority.
Dated: January 23, 2009.
Paul F. Prouty,
Acting Administrator of General Services.
0
For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
72 as set forth below:
PART 102-72--DELEGATION OF AUTHORITY
0
1. The authority citation for 41 CFR part 102-72 continues to read as
follows:
Authority: 40 U.S.C. 121(c), 40 U.S.C. 3305, 40 U.S.C. 3314.
0
2. Add sections 102-72.66 through 102-72.69 to read as follows:
Sec. 102-72.66 Do Executive agencies have a delegation of authority
to perform ancillary repair and alteration projects in federally owned
buildings under the jurisdiction, custody or control of GSA?
Yes. Executive agencies, as defined in Sec. 102-71.20, are hereby
delegated the authority to perform ancillary repair and alteration work
in federally owned buildings under the jurisdiction, custody or control
of GSA in accordance with the terms, conditions and limitations set
forth in Sec. Sec. 102-72.67 through 102-72.69.
Sec. 102-72.67 What work is covered under an ancillary repair and
alteration delegation?
(a) For purposes of this delegation, ancillary repair and
alteration projects are those--
(1) Where an Executive agency has placed an order from a vendor
under a GSA Multiple Award Schedule and ancillary repair and alteration
services also are available from that same vendor as a Special Item
Number (SIN);
(2) Where the ancillary repair and alteration work to be performed
is associated solely with the repair, alteration, delivery, or
installation of products or services also purchased under the same GSA
Multiple Award Schedule;
(3) That are routine and non-complex in nature, such as routine
painting or carpeting, simple hanging of drywall, basic electrical or
plumbing work, landscaping, and similar non-complex services; and
(4) That are necessary to be performed to use, execute or implement
successfully the products or services purchased from the GSA Multiple
Award Schedule.
(b) Ancillary repair and alteration projects do not include--
(1) Major or new construction of buildings, roads, parking lots,
and other facilities;
(2) Complex repair and alteration of entire facilities or
significant portions of facilities; or
(3) Architectural and engineering services procured pursuant to 40
U.S.C. 1101-1104.
Sec. 102-72.68 What preconditions must be satisfied before an
Executive agency may exercise the delegated authority to perform an
individual ancillary repair and alteration project?
The preconditions that must be satisfied before an Executive agency
may perform ancillary repair and alteration work are as follows:
(a) The ordering agency must order both the products or services
and the ancillary repair and alteration services under the same GSA
Multiple Award Schedule from the same vendor;
(b) The value of the ancillary repair and alteration work must be
less than or equal to $100,000 (for work estimated to exceed $100,000,
the Executive agency must contact the GSA Assistant Regional
Administrator, Public Buildings Service, in the region where the work
is to be performed to request a specific delegation);
(c) All terms and conditions applicable to the acquisition of
ancillary repair and alteration work as required by the GSA Multiple
Award Schedule ordering procedures must be satisfied;
(d) The ancillary repair and alteration work must not be in a
facility leased by GSA or in any other leased facility acquired under a
lease delegation from GSA; and
(e) As soon as reasonably practicable, the Executive agency must
provide the building manager with a detailed scope of work, including
cost estimates, and schedule for the project, and such other
information as may be reasonably requested by the building manager, so
the building manager can determine whether or not the proposed work is
reasonably expected to have an adverse effect on the operation and
management of the building, the building's structural, mechanical,
electrical, plumbing, or heating and air conditioning systems, the
building's aesthetic or historic features, or the space or property of
any other tenant in the building. The Executive agency must obtain
written approval from the building manager prior to placing an order
for any ancillary repair and alteration work.
Sec. 102-72.69 What additional terms and conditions apply to an
Executive agencies' delegation of ancillary repair and alteration
authority?
(a) Before commencing any ancillary repair and alteration work, the
Executive agency shall deliver, or cause its contractor to deliver, to
the building manager evidence that the contractor has obtained at least
$5,000,000 comprehensive general public liability and property damage
insurance policies to cover claims arising from or relating to the
contractor's operations that cause damage to persons or property; such
insurance shall name the United States as an additional insured.
(b) The Executive agency shall agree that GSA has no responsibility
or liability, either directly or indirectly, for any contractual claims
or disputes that arise out of or relate to the performance of ancillary
repair and alteration work, except to the extent such claim or dispute
arises out of or relates to the wrongful acts or negligence of GSA's
agents or employees.
(c) The Executive agency shall agree to administer and defend any
claims and actions, and shall be responsible for the payment of any
judgments rendered or settlements agreed to, in connection with
contract claims or other causes of action arising out of or relating to
the performance of the ancillary repair and alteration work.
(d) For buildings under GSA's custody and control, GSA shall have
the right, but not the obligation, to review the work from time to time
to ascertain that it is being performed in accordance with the approved
project requirements, schedules, plans, drawings, specifications, and
other related construction documents. The Executive agency shall
promptly correct, or cause to be corrected, any non-conforming work or
property damage identified by GSA, including damage to the space or
property of any other tenant in the building, at no cost or expense to
GSA.
(e) The Executive agency shall remain liable and financially
responsible to GSA for any and all personal or property damage caused,
in whole or in part, by the acts or omissions of the Executive agency,
its employees, agents, and contractors.
(f) If the cost or expense to GSA to operate the facility is
increased as a result of the ancillary repair and alteration project,
the Executive agency shall be responsible for any such costs or
expenses.
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(g) Disputes between the Executive agency and GSA arising out of
the ancillary repair and alteration work will, to the maximum extent
practicable, be resolved informally at the working level. In the event
a dispute cannot be resolved informally, the matter shall be referred
to GSA's Public Buildings Service. The Executive agency agrees that, in
the event GSA's Public Buildings Service and the Executive agency fail
to resolve the dispute, they shall refer it for resolution to the
Administrator of General Services, whose decision shall be binding.
[FR Doc. E9-6427 Filed 3-23-09; 8:45 am]
BILLING CODE 6820-14-P