Federal property management: Purchase or lease determinations guidelines and private inspection, testing, and grading services use,

[Federal Register: June 29, 1999 (Volume 64, Number 124)]

[Rules and Regulations]

[Page 34733-34734]

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

[DOCID:fr29jn99-8]

GENERAL SERVICES ADMINISTRATION 6820-34

41 CFR Parts 101-25, 101-31, and 101-38

[FPMR Amendment E-278]

RIN 3090-AG84

Guidelines for Making Purchase or Lease Determinations and Use of Private Inspection, Testing, and Grading Services

AGENCY: Office of Governmentwide Policy.

ACTION: Final rule.

SUMMARY: The General Services Administration is removing Federal Property Management Regulations (FPMR) Guidelines for Making Purchase or Lease Determinations, and Use of Private Inspection, Testing, and Grading Services, from the FPMR. Adequate coverage on these issues is contained in the Federal Acquisition Regulation (FAR). A cross- reference is added to the FPMR to direct readers to the appropriate FAR coverage.

EFFECTIVE DATE: This final rule is effective June 29, 1999.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, GS Building, Washington DC 20405, (202) 208-7312.

SUPPLEMENTARY INFORMATION:

1. Background

   In an effort to improve GSA's external directives system, GSA has undertaken a review of the Federal Property Management Regulations (FPMR). The FPMR prescribes Governmentwide regulations for real property, personal property, and other programs and activities within GSA's regulatory authority. GSA will update, streamline, and clarify the content of the FPMR over the next year. As part of this review, GSA is:

   1. Removing FPMR 101-25.5 regarding Guidelines for Making Purchase or Lease Determinations and adding a cross-reference to the FAR in its place. The decision to lease or purchase equipment is an acquisition matter and coverage on this subject is contained in FAR Subpart 7.4.

   2. Removing FPMR 101-31.2 regarding the use of private inspection, testing, and grading services and adding a cross-reference to the FAR in its place. Coverage on this subject is provided in the Federal Acquisition Regulation (FAR). FAR Part 46, Quality Assurance, prescribes policies and procedures to ensure that supplies and services acquired under Government contract conform to the contract's quality and quantity requirements. Included in Part 46 are inspection and other measures associated with quality requirements. FAR Part 37 covers service contracting. FAR Subpart 7.5, Inherently Governmental Functions, addresses what is and is not an inherently Governmental function.

   A proposed rule was published in the Federal Register on February 10, 1999 (64 FR 6589). No comments were received.

   [[Page 34734]]

2. Executive Order 12866

   The General Services Administration has determined that this final rule is not a significant regulatory action for the purposes of Executive Order 12866.

3. Regulatory Flexibility Act

   This final 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 removes from the FPMR coverage at 101-25.5, Guidelines for Making Purchase or Lease Determinations, and 101-31.2, Use of Private Inspection, Testing, and Grading Services.

4. Paperwork Reduction Act

   The Paperwork Reduction Act does not apply because this final rule does not impose reporting, recordkeeping or information collection requirements which require the approval of the Office of Management and Budget pursuant to 44 U.S.C. 3501 et seq.

5. Small Business Regulatory Enforcement Fairness Act

   This final rule is not a major rule under 5 U.S.C. 804.

   List of Subjects in 41 CFR Parts 101-25 and 101-31

   For the reasons set forth in the preamble, 41 CFR parts 101-25, 101-31, and 101-38 are amended as follows:

   1. The authority citation for parts 101-25, 101-31, and 101-38 continues to read as follows:

      Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

      PART 101-25--GENERAL

   2. Subpart 101-25.5 is revised to read as follows:

      Subpart 101-25.5--Purchase or Lease Determinations

      Sec. 101-25.500 Cross-reference to the Federal Acquisition Regulation (FAR)(48 CFR Chapter 1, Parts 1-99).

      For guidance see Federal Acquisition Regulation Subpart 7.4 (48 CFR Subpart 7.4).

      PART 101-31--INSPECTION AND QUALITY CONTROL

   3. Subpart 101-31.2 is revised to read as follows:

      Subpart 101-31.2--Private Inspection, Testing, and Grading Services

      Sec. 101-31.200 Cross-reference to the Federal Acquisition Regulation (FAR)(48 CFR Chapter 1, Parts 1-99).

      For guidance see Federal Acquisition Regulation (e.g., Subpart 7.5, and Parts 37 and 46) (48 CFR Subpart 7.5, and Parts 37 and 46).

      PART 101-38--MOTOR VEHICLE MANAGEMENT

   4. Section 101-38.105 is amended by removing paragraph (g) and redesignating paragraphs (h) and (i) as paragraphs (g) and (h) respectively.

      Dated: May 19, 1999. David J. Barram, Administrator of General Services.

      [FR Doc. 99-16197Filed6-28-99; 8:45 am]

      BILLING CODE 6820-34-P