[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-71.20]

[Page 164-169]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-71_GENERAL--Table of Contents
 
Sec. 102-71.20  What definitions apply to GSA's real property policies?

    The following definitions apply to GSA's real property policies:
    Act means the Federal Property and Administrative Services Act of 
1949, 63 Stat. 377, as amended.
    Airport means any area of land or water that is used, or intended 
for use, for the landing and takeoff of aircraft, and any appurtenant 
areas that are used, or intended for use, for airport buildings or other 
airport facilities or rights-of-way, together with all airport buildings 
and facilities located thereon.
    Alteration means remodeling, improving, extending, or making other 
changes to a facility, exclusive of maintenance repairs which are 
preventive in nature. The term includes planning, engineering, 
architectural work, and other similar actions.
    Blanket work authorization means an open-end agreement with an 
agency with an agreed upon maximum dollar ceiling where there is an on-
going account for processing small requests for reimbursable services. 
The need for the service is clearly recognized, but exactly when the 
service must be rendered during the fiscal year is unclear.
    Carpool means a group of two or more people regularly using a motor 
vehicle for transportation to and from work on a continuing basis.
    Commercial activities, within the meaning of subpart D, part 102-74 
of this chapter, are activities undertaken for the primary purpose of 
producing a profit for the benefit of an individual or organization 
organized for profit. (Activities where commercial aspects are 
incidental to the primary purpose of expression of ideas or advocacy of 
causes are not commercial activities for purposes of this part.)
    Crime prevention assessment is a formal, on-site review which 
consists of a detailed survey, review, and analysis of an occupant 
agency's vulnerability to

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criminal activity. In addition to the normal process of a physical 
security survey, it involves an intensive review of an occupant's and/or 
building's operation and administrative procedures. It is designed to 
identify specific weaknesses and to recommend cost-effective, positive 
steps to Federal managers in dealing with criminal threats and 
occurrences.
    Cultural activities include, but are not limited to, films, 
dramatics dances, and musical presentations, and fine art exhibits, 
whether or not these activities are intended to make a profit.
    Decontamination means the complete removal or destruction by 
flashing of explosive powders; the neutralizing and cleaning-out of acid 
and corrosive materials; the removal, destruction, or neutralizing of 
toxic, hazardous or infectious substances; and the complete removal and 
destruction by burning or detonation of live ammunition from 
contaminated areas and buildings.
    Designated Official is the highest ranking official of the primary 
occupant agency of a Federal facility, or, alternatively, a designee 
selected by mutual agreement of occupant agency officials.
    Disposal agency means the executive agency designated by the 
Administrator of General Services to dispose of surplus real or personal 
property.
    Educational activities mean activities such as (but not limited to) 
the operation of schools, libraries, day care centers, laboratories, and 
lecture or demonstration facilities.
    Emergency includes bombings and bomb threats, civil disturbances, 
fires, explosions, electrical failures, loss of water pressure, chemical 
and gas leaks, medical emergencies, hurricanes, tornadoes, floods, and 
earthquakes. The term does not apply to civil defense matters such as 
potential or actual enemy attacks, which are addressed by the Federal 
Emergency Management Agency.
    Executive means a Government employee with management 
responsibilities who, in the judgment of the employing agency head or 
his/her designee, requires preferential assignment of parking 
privileges.
    Executive agency means an executive department specified in section 
101 of title 5; a military department specified in section 102 of such 
title; an independent establishment as defined in section 104(1) of such 
title; and a wholly owned Government corporation fully subject to the 
provisions of chapter 91 of title 31.
    Federal agency means any executive agency or any establishment in 
the legislative or judicial branch of the Government (except the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his or her direction).
    Federal agency buildings manager means the buildings manager 
employed by GSA or a Federal agency that has been delegated real 
property management and operation authority from GSA.
    Federal Government real property services provider means any Federal 
Government entity operating under, or subject to, the authorities of the 
Administrator of General Services, that provides real property services 
to Federal agencies. This definition also includes private sector firms 
under contract with Federal agencies that deliver real property services 
to Federal agencies. This definition excludes any entity operating 
under, or subject to, authorities other than those of the Administrator 
of General Services.
    Flame-resistant means meeting performance standards as described by 
the National Fire Protection Association (NFPA Standard No. 701). 
Fabrics labeled with the Underwriters Laboratories Inc., classification 
marking for flammability are deemed to be flame resistant for purposes 
of this part.
    Foot-candle is the illumination on a surface one square foot in area 
on which there is a uniformly distributed flux of one lumen, or the 
illuminance produced on a surface all points of which are at a distance 
of one foot from a directionally uniform point source of one candela.
    GSA means the General Services Administration, acting by or through 
the Administrator of General Services, or a designated official to whom 
functions under this part have been delegated by the Administrator of 
General Services.
    Handicapped employee means an employee who has a severe, permanent

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impairment which for all practical purposes precludes the use of public 
transportation, or an employee who is unable to operate a car as a 
result of permanent impairment who is driven to work by another. 
Priority may require certification by an agency medical unit, including 
the Department of Veterans Affairs or the Public Health Service.
    Highest and best use means the most likely use to which a property 
can be put, which will produce the highest monetary return from the 
property, promote its maximum value, or serve a public or institutional 
purpose. The highest and best use determination must be based on the 
property's economic potential, qualitative values (social and 
environmental) inherent in the property itself, and other utilization 
factors controlling or directly affecting land use (e.g. zoning, 
physical characteristics, private and public uses in the vicinity, 
neighboring improvements, utility services, access, roads, location, and 
environmental and historical considerations). Projected highest and best 
use should not be remote, speculative, or conjectural.
    Landholding agency means the Federal agency that has accountability 
for the property involved. For the purposes of this definition, 
accountability means that the Federal agency reports the real property 
on its financial statements and inventory records.
    Indefinite quantity contract (commonly referred to as term contract) 
provides for the furnishing of an indefinite quantity, within stated 
limits, of specific property or services during a specified contract 
period, with deliveries to be scheduled by the timely placement of 
orders with the contractor by activities designated either specifically 
or by class.
    Industrial property means any real property and related personal 
property that has been used or which is suitable to be used for 
manufacturing, fabricating, or processing of products; mining 
operations; construction or repair of ships and other waterborne 
carriers; power transmission facilities; railroad facilities; and 
pipeline facilities for transporting petroleum or gas.
    Landing area means any land or combination of water and land, 
together with improvements thereon and necessary operational equipment 
used in connection therewith, which is used for landing, takeoff, and 
parking of aircraft. The term includes, but is not limited to, runways, 
strips, taxiways, and parking aprons.
    Life cycle cost is the total cost of owning, operating, and 
maintaining a building over its useful life, including its fuel and 
energy costs, determined on the basis of a systematic evaluation and 
comparison of alternative building systems; except that in the case of 
leased buildings, the life cycle cost shall be calculated over the 
effective remaining term of the lease.
    Limited combustible means rigid materials or assemblies which have 
fire hazard ratings not exceeding 25 for flame spread and 150 for smoke 
development when tested in accordance with the American Society for 
Testing and Materials, Test E 84, Surface Burning Characteristics of 
Building Materials.
    Maintenance, for the purposes of part 102-75, entitled ``Real 
Property Disposal,'' of this chapter, means the upkeep of property only 
to the extent necessary to offset serious deterioration; also such 
operation of utilities, including water supply and sewerage systems, 
heating, plumbing, and air-conditioning equipment, as may be necessary 
for fire protection, the needs of interim tenants, and personnel 
employed at the site, and the requirements for preserving certain types 
of equipment. For the purposes of part 102-74, entitled ``Facility 
Management,'' of this chapter, maintenance means preservation by 
inspection, adjustment, lubrication, cleaning, and the making of minor 
repairs. Ordinary maintenance means routine recurring work which is 
incidental to everyday operations; preventive maintenance means work 
programmed at scheduled intervals.
    Management means the safeguarding of the Government's interest in 
property, in an efficient and economical manner consistent with the best 
business practices.
    Nationally recognized standards encompasses any standard or 
modification thereof which:

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    (1) Has been adopted and promulgated by a nationally recognized 
standards-producing organization under procedures whereby those 
interested and affected by it have reached substantial agreement on its 
adoption, or
    (2) Was formulated through consultation by appropriate Federal 
agencies in a manner which afforded an opportunity for diverse views to 
be considered.
    No commercial value means real property, including related personal 
property, which has no reasonable prospect of producing any disposal 
revenues.
    Nonprofit organization means an organization identified in 26 U.S.C. 
501(c).
    Normally furnished commercially means consistent with the level of 
services provided by a commercial building operator for space of 
comparable quality and housing tenants with comparable requirements. 
Service levels are based on the effort required to service space for a 
five-day week, one eight-hour shift schedule.
    Occupant agency means an organization that is assigned space in a 
facility under GSA's custody and control through the formal procedures 
outlined in part 101-17 of the Federal Property Management Regulations.
    Occupancy Emergency Organization means the emergency response 
organization comprised of employees of Federal agencies designated to 
perform the requirements established by the Occupant Emergency Plan.
    Occupant Emergency Plan means procedures developed to protect life 
and property in a specific federally-occupied space under stipulated 
emergency conditions.
    Occupant Emergency Program means a short-term emergency response 
program. It establishes procedures for safeguarding lives and property 
during emergencies in particular facilities.
    Postal vehicle means a Government-owned vehicle used for the 
transportation of mail, or a privately owned vehicle used under contract 
with the U.S. Postal Service for the transportation of mail.
    Protection means the provisions of adequate measures for prevention 
and extinguishment of fires, special inspections to determine and 
eliminate fire and other hazards, and necessary guards to protect 
property against thievery, vandalism, and unauthorized entry.
    Public area means any area of a building under the control and 
custody of GSA which is ordinarily open to members of the public, 
including lobbies, courtyards, auditoriums, meeting rooms, and other 
such areas not assigned to a lessee or occupant agency.
    Public body means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any 
political subdivision, agency, or instrumentality of the foregoing.
    Public building means:
    (1) Any building which is suitable for office and/or storage space 
for the use of one or more Federal agencies or mixed ownership 
corporations, such as Federal office buildings, post offices, 
customhouses, courthouses, border inspection facilities, warehouses, and 
any such building designated by the President. It also includes 
buildings of this sort that are acquired by the Federal Government under 
the Administrator's installment-purchase, lease-purchase, and purchase-
contract authorities.
    (2) Public building does not include buildings:
    (i) On the public domain.
    (ii) In foreign countries.
    (iii) On Indian and native Eskimo properties held in trust by the 
United States.
    (iv) On lands used in connection with Federal programs for 
agricultural, recreational, and conservation purposes.
    (v) On or used in connection with river, harbor, flood control, 
reclamation or power projects, or for chemical manufacturing or 
development projects, or for nuclear production, research, or 
development projects.
    (vi) On or used in connection with housing and residential projects.
    (vii) On military installations.
    (viii) On Department of Veterans Affairs installations used for 
hospital or domiciliary purposes.
    (ix) Excluded by the President.
    Real property means:
    (1) Any interest in land, together with the improvements, 
structures, and fixtures located thereon (including prefabricated 
movable structures, such as Butler-type storage warehouses and

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quonset huts, and housetrailers with or without undercarriages), and 
appurtenances thereto, under the control of any Federal agency, except:
    (i) The public domain;
    (ii) Lands reserved or dedicated for national forest or national 
park purposes;
    (iii) Minerals in lands or portions of lands withdrawn or reserved 
from the public domain which the Secretary of the Interior determines 
are suitable for disposition under the public land mining and mineral 
leasing laws;
    (iv) Lands withdrawn or reserved from the public domain but not 
including lands or portions of lands so withdrawn or reserved which the 
Secretary of the Interior, with the concurrence of the Administrator of 
General Services, determines are not suitable for return to the public 
domain for disposition under the general public land laws because such 
lands are substantially changed in character by improvements or 
otherwise; and
    (v) Crops when designated by such agency for disposition by 
severance and removal from the land.
    (2) Improvements of any kind, structures, and fixtures under the 
control of any Federal agency when designated by such agency for 
disposition without the underlying land (including such as may be 
located on the public domain, on lands withdrawn or reserved from the 
public domain, on lands reserved or dedicated for national forest or 
national park purposes, or on lands that are not owned by the United 
States) excluding, however, prefabricated movable structures, such as 
Butler-type storage warehouses and quonset huts, and housetrailers (with 
or without undercarriages).
    (3) Standing timber and embedded gravel, sand, or stone under the 
control of any Federal agency whether designated by such agency for 
disposition with the land or by severance and removal from the land, 
excluding timber felled, and gravel, sand, or stone excavated by or for 
the Government prior to disposition.
    Recognized labor organization means a labor organization recognized 
under title VII of the Civil Service Reform Act of 1978 (Pub. L. 95-454) 
governing labor-management relations.
    Recreational activities include, but are not limited to, the 
operations of gymnasiums and related facilities.
    Regional Officer, within the meaning of part 102-74, subpart D of 
this chapter, means the Federal official designated to supervise the 
implementation of the Public Buildings Cooperative Use Act's occasional 
use provisions. The Federal official may be an employee of GSA or a 
Federal agency that has delegated authority from GSA to supervise the 
implementation of the Public Buildings Cooperative Use Act's occasional 
use provisions.
    Related personal property means any personal property:
    (1) Which is an integral part of real property or is related to, 
designed for, or specially adapted to the functional or productive 
capacity of the real property and the removal of which would 
significantly diminish the economic value of the real property. 
Normally, common use items, including but not limited to general-purpose 
furniture, utensils, office machines, office supplies, or general-
purpose vehicles, are not considered to be related personal property; or
    (2) Which is determined by the Administrator of General Services to 
be related to the real property.
    Repairs means those additions or changes that are necessary for the 
protection and maintenance of property to deter or prevent excessive or 
rapid deterioration or obsolescence, and to restore property damaged by 
storm, flood, fire, accident, or earthquake.
    Ridesharing means the sharing of the commute to and from work by two 
or more people, on a continuing basis, in any mode of transportation.
    Special space alterations are those alterations required by occupant 
agencies that are beyond those standard alterations provided by GSA 
under the RENT system and are reimbursable from the requesting agency.
    State means the fifty States, political subdivisions thereof, the 
District of Columbia, the Commonwealths of Puerto Rico and Guam, and the 
territories and possessions of the United States.
    Unit price agreement provides for the furnishing of an indefinite 
quantity, within stated limits, of specific property or services at a 
specified price,

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during a specified contract period, with deliveries to be scheduled by 
the timely placement of orders upon the lessor by activities designated 
either specifically or by class.
    Unusual hours means work hours that are frequently required to be 
varied and do not coincide with any regular work schedule. This category 
includes time worked by individuals who regularly or frequently work 
significantly more than 8 hours per day. Unusual hours does not include 
time worked by shift workers, by those on alternate work schedules, and 
by those granted exceptions to the normal work schedule (e.g., flex-
time).
    Upon approval from GSA means when an agency either has a delegation 
of authority document from the Administrator of General Services or 
written approval from the Administrator or his/her designee before 
proceeding with a specified action.
    Vanpool means a group of at least 8 persons using a passenger van or 
a commuter bus designed to carry 10 or more passengers. Such a vehicle 
must be used for transportation to and from work in a single daily round 
trip.
    Zonal allocations means the allocation of parking spaces on the 
basis of zones established by GSA in conjunction with occupant agencies. 
In metropolitan areas where this method is used, all agencies located in 
a designated zone will compete for available parking in accordance with 
instructions issued by GSA. In establishing this procedure, GSA will 
consult with all affected agencies.

[67 FR 76820, Dec. 13, 2002]