[Code of Federal Regulations]
[Title 41, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR101-20.109]

[Page 208-209]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
 
PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS--Table of Contents
 
  Subpart 101-20.1--Building Operations, Maintenance, Protection, and 
                               Alterations
 
Sec. 101-20.109  Concessions.

    (a) The provisions of this section do not apply to blind vending 
facilities operated under the Randolph-Sheppard Act (20 U.S.C. 107 et 
seq.); regulations governing this program are continued in subpart 101-
20.2.
    (b) GSA is responsible for the planning, provision, and 
administration of essential concessions in buildings under its control. 
GSA will enter into and award concessions contracts, provide suitable 
space and facilities, if required, and administer applicable inspection 
and oversight functions. Officials of occupant agencies shall convey 
concerns to GSA and shall not instruct concessionaires regarding their 
operations.
    (c) Subject to the availability of space, prior to establishing 
concessions, GSA will ensure that:
    (1) The proposed concession will offer only essential services which 
are needed by employees, and which cannot be conveniently obtained from 
existing facilities, (Consultation will be held with occupant 
agencies.);
    (2) The proposed concession will be established and operated in 
conformance with applicable policies, safety, health, and sanitation 
codes, laws, regulations, etc., and will not contravene the terms of any 
lease or other contractual arrangement;
    (3) Sufficient funds are legally available to cover all costs for 
which the Government may be responsible; and
    (4) All contracts will be financially self-supporting and not 
compete with nearby commercial enterprise.

[[Page 209]]

    (d) Public Law 104-52, Section 636, prohibits the sale of tobacco 
products in vending machines in Government-owned and leased space under 
the custody and control of GSA. The Administrator of GSA or the head of 
an Agency may designate areas not subject to the prohibition, if the 
area prohibits minors and reports are made to the appropriate committees 
of Congress.

[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]