Federal Management Regulation (FMR); Utility Services
| Citation | 85 FR 5903 |
| Record Number | 2020-01020 |
| Published date | 03 February 2020 |
| Section | Rules and Regulations |
| Court | General Services Administration |
Federal Register, Volume 85 Issue 22 (Monday, February 3, 2020)
[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Rules and Regulations]
[Pages 5903-5904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01020]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 85, No. 22 / Monday, February 3, 2020 / Rules
and Regulations
[[Page 5903]]
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-82
[FMR Case 2016-102-3; Docket 2016-0019; Sequence No. 1]
RIN 3090-AJ76
Federal Management Regulation (FMR); Utility Services
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
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SUMMARY: GSA is issuing a final rule to amend the Federal Management
Regulation (FMR) part regarding utility services. The rule clarifies
the authority an agency must have in order to procure utility services
and describes in detail agencies' responsibilities concerning the
procurement of such services. To better direct agencies that operate
under a utility service delegation from GSA, the rule adds a reference
to the section of the Federal Acquisition Regulation (FAR) that
addresses the acquisition of utility services and other procurement
guidance. Additionally, the rule clarifies responsibilities for the
Department of Defense and the Department of Energy for compliance.
DATES: Effective Date: March 4, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Chris Coneeney, Director, Real
Property, Office of Government-wide Policy, at 202-208-2956, or email
at [email protected] for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FMR Case 2016-102-3.
SUPPLEMENTARY INFORMATION:
I. Background
A proposed rule was published in the Federal Register on August 13,
2019 (84 FR 39994). The proposed rule expanded ``Subpart A--General
Provisions'' to better align with other parts of the FMR and clarified
language in subpart B regarding agency authority and responsibilities.
None of the proposed changes elicited any objections during the public
comment period. In fact, only one public comment was received in
response to the proposed rule, which was not germane. As a result,
there were no changes made to the final rule from the published
proposed rule.
This final rule amends the FMR to both clarify the scope of this
part and the authority an agency must have to procure utility services
by pointing the reader to the appropriate parts of the FAR that relate
to the acquisition of utility services. It also clarifies the
responsibilities of agencies, the Department of Defense, and the
Department of Energy for compliance.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule is a significant regulatory action and was subject to review
under Section 6(b) of E.O. 12866. It is not a major rule under 5 U.S.C.
804.
III. Executive Order 13771
This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is related to agency
organization, management, or personnel.
IV. Regulatory Flexibility Act
This final rule will not 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. This final rule is
also exempt from the Regulatory Flexibility Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management.
V. Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
VI. 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 102-82
Federal buildings and facilities, Government property management,
Rates and fares, Utilities.
Dated: January 15, 2020.
Emily W. Murphy,
Administrator of General Services.
0
For the reasons set forth in the preamble, GSA is revising 41 CFR part
102-82 to read as follows:
PART 102-82--UTILITY SERVICES
Subpart A--General Provisions
Sec.
102-82.5 What does this part cover?
102-82.10 What are the governing authorities for this part?
102-82.15 Who must comply with the provisions of this part?
102-82.20 To whom do ``we,'' ``you,'' and their variants refer?
102-82.25 How do we request a deviation from the provisions of this
part?
Subpart B--Utility Services
102-82.30 What authority must my agency have in order to procure
utility service(s)?
102-82.35 Can Executive agencies enter into contracts for utility
services?
102-82.40 What are Executive agencies' rate intervention
responsibilities?
Authority: 40 U.S.C. 121(c) and 40 U.S.C. 501.
Subpart A--General Provisions
Sec. 102-82.5 What does this part cover?
This part covers the procurement and management of public utility
services. It does not cover utilities that are provided as part of a
lease. For more information on the procurement of utility services
refer to Federal Acquisition Regulation (FAR) in 48 CFR part 41. For
more information on the management of Utility Services, refer to 40
U.S.C. 501.
Sec. 102-82.10 What are the governing authorities for this part?
The authorities for the regulations in this part are:
(a) 40 U.S.C. 121(c); and
[[Page 5904]]
(b) 40 U.S.C. 501.
Sec. 102-82.15 Who must comply with the provisions of this part?
All Executive agencies procuring, managing, or supplying utility
services under Title 40 of the United States Code, including GSA's
Public Buildings Service (PBS), Department of Defense, Department of
Energy, and those agencies operating under, or subject to, the
authorities of the Administrator of General Services must comply with
the provisions of this part. For information on a utility services
delegation of authority, refer to Sec. 102-72.100 of this chapter.
Sec. 102-82.20 To whom do ``we,'' ``you,'' and their variants refer?
Unless otherwise indicated, use of pronouns ``we,'' ``you,'' and
their variants throughout this part refer to an Executive agency. Refer
to part 102-71 of this chapter for the definition of Executive agency.
Sec. 102-82.25 How do we request a deviation from the provisions of
this part?
Refer to Sec. Sec. 102-2.60 through 102-2.110 of this chapter for
information on how to obtain a deviation from this part.
Subpart B--Utility Services
Sec. 102-82.30 What authority must my agency have in order to procure
utility service(s)?
If you do not have a delegation of authority issued by GSA to
procure utility services, or independent authority for such
procurements, you cannot procure utility services. The Secretary of
Defense is independently authorized to take such actions without a
delegation from GSA, when the Secretary determines such actions to be
in the best interests of national security. For more information on a
utility services delegation of authority refer to Sec. Sec. 102-72.100
and 102-72.105 of this chapter.
Sec. 102-82.35 Can Executive agencies enter into contracts for
utility services?
Executive agencies, operating under a utility services delegation
from GSA, or the Secretary of Defense, when the Secretary determines it
to be in the best interests of national security, may enter into
contracts for utility services (such as commodities and utility rebate
programs), pursuant to the terms and conditions contained in the
delegation and in accordance with FAR part 41. FAR part 41 requires
that agencies provide or procure from sources of supply that are the
most advantageous to the Federal Government in terms of economy,
efficiency, reliability, or quality of service; while 40 U.S.C. 501(c)
requires that agencies provide or procure such services with due regard
to the mission responsibilities of the agencies concerned. For
information on utility services delegation of authority refer to part
102-72 of this chapter. For additional information on contracts for
utility services, search on the topics Utility or Energy on the
Acquisition Gateway, http://www.gsa.gov.
Sec. 102-82.40 What are Executive agencies' rate intervention
responsibilities?
Unless otherwise authorized by law, absent a delegation from GSA,
Executive agencies must not engage in the types of representation
referenced at 40 U.S.C. 501(c), Services for Executive agencies. The
Secretary of Defense is independently authorized to take such actions
without a delegation from GSA, when the Secretary determines such
actions to be in the best interests of national security. Refer to part
102-71 of this chapter for definitions of Executive agencies and state.
For information on delegation of authority refer to part 102-72 of this
chapter.
[FR Doc. 2020-01020 Filed 1-31-20; 8:45 am]
BILLING CODE 6820-14-P
