Acquisition regulations: Historic preference, for use in acquisition of leasehold interests in real property,

[Federal Register: June 30, 1999 (Volume 64, Number 125)]

[Proposed Rules]

[Page 35122-35123]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30jn99-48]

GENERAL SERVICES ADMINISTRATION

48 CFR Part 552

[GSAR Notice 5-420]

RIN 3090-AH01

Acquisition of Leasehold Interests in Real Property; Historic Preference

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Proposed rule.

SUMMARY: The General Services Administration proposes to amend the General Services Administration Acquisition Regulations (GSAR) by revising the provision at 552.270-4, Historic Preference.

DATES: Comments should be submitted on or before August 30, 1999 to be considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: General Services Administration, Office of Acquisition Policy, GSA Acquisition Policy Division (MVP), 1800 F Street, NW, Room 4027, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Nydia M. Coleman, GSA Acquisition Policy Division, (202) 208-0759.

SUPPLEMENTARY INFORMATION:

1. Background

   Executive Order (EO) 13006, dated May 21, 1996, requires that the Federal Government utilize and maintain, wherever operationally appropriate and economically prudent, historic properties and districts. Towards that end, the EO establishes that Federal agencies give first consideration to historic properties within historic districts. If no such property is suitable, then Federal agencies shall consider other developed or undeveloped sites within historic districts. Federal agencies shall then consider historic properties outside of historic districts, if no suitable site within a district exists. Based on the requirements of the EO, the GSAR provision has been revised to establish a hierarchy of consideration and to give a price evaluation preference for those considerations.

2. Executive Order 12866

   This regulatory action was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993, and is not a major rule under 5 U.S.C. 804.

3. Regulatory Flexibility Act

   This proposed rule is not expected to 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., because the rule merely implements an existing EO and imposes no new requirements.

4. Paperwork Reduction Act

   The Paperwork Reduction Act does not apply because the proposed changes to the GSAR do not impose recordkeeping or information collection requirements, or collections of

   [[Page 35123]]

   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.

   List of Subjects in 48 CFR Part 552

   Government procurement.

   Accordingly, it is proposed that 48 CFR Part 552 be amended as follows:

   1. Authority 40 U.S.C. 486(c).

      PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

      Subpart 552.2 Text of Provisions and Clauses

   2. Section 552.270-4 is revised to read as follows:

      552.270-4 Historic Preference.

      As prescribed in section 570.702(b), insert the following provision:

      HISTORIC PREFERENCE (--1999)

      (a) Preference will be given to offers of space in historic properties following this hierarchy of consideration:

      (1) Historic properties within historic districts

      (2) Developed and undeveloped sites within historic districts,

      (3) Historic properties outside of historic districts.

      (b) Historic property means any district, site, building, structure, or object that is included in or eligible for the National Register. Historic District means any business area, industrial area, neighborhood, rural area, or other complex of buildings, structures, sites, objects, and/or landscape features that is included in or eligible for inclusion in the National Register of Historic Places. Historic properties and districts include those determined eligible by GSA or a State Historic Preservation Officer, or designated by any State, local or Indian tribal government under pertinent State, local or tribal law.

      (c) The offer for space must meet the terms and conditions of this solicitation. (It is within the discretion of the Contracting Officer to accept alternatives to certain architectural characteristics and safety features defined elsewhere in this solicition to maintain the historical integrity of the building such as high ceilings, wooden floors, etc.)

      (d) Where award will be based on the lowest price technically acceptable source selection process, a 10 percent price evaluation preference, based on the total annual square foot (ANSI/BOMA usable) cost to the Government, will be given to historic properties as follows:

      (1) First to suitable historic properties within historic districts,

      (2) If no suitable historic property within an historic district is offered, or the 10 percent preference does not result in the lowest acceptable offer, the preference will then be given to suitable developed or undeveloped sites within historic districts.

      (3) Finally, if no suitable developed or undeveloped site within an historic district is offered, or the 10 percent preference does not result in the low offer, the preference will then be given to historic properties outside of historic districts.

      (e) Where award will be made based on a tradeoff process of source selection which permits tradeoffs among cost or price and non-cost factors, a 10 percent price evaluation preference, based on the total annual square foot (ANSI/BOMA usable) cost to the government, will be given to historic properties as follows:

      (1) First to suitable historic properties within historic districts.

      (2) If no suitable historic property within an historic district is offered, or is eliminated from the competition, the preference will then be given to suitable developed or undeveloped sites within historic districts.

      (3) Finally, if no suitable developed or undeveloped site within an historic district is offered, or is eliminated from the competition, the preference will then be given to historic properties outside of historic districts. (End of Provision)

      Dated: June 23, 1999. Ida M. Ustad, Deputy Associate Administrator for Acquisition Policy.

      [FR Doc. 99-16503Filed6-29-99; 8:45 am]

      BILLING CODE 6820-61-M