DATE: May 8, 2001
SUBJECT: Federal Management Regulation (FMR); Pricing Policy for Occupancy in GSA Space
SOURCE: Federal Register, May 8, 2001, Vol. 66, No. 89, page 23169
AGENCIES: Office of Business Performance, Public Buildings Service, General Services Administration (GSA)
ACTION: Interim Rule
SYNOPSIS: GSA is updating, streamlining, and clarifying Federal Property Management Regulations (FPMR) Part 101-20, Federal Buildings Fund, and then moving it to the Federal Management Regulation (FMR) as Part 102-85, Pricing Policy for Occupancy in GSA Space.
EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR. Both the FPMR and the FMR are available at http://policyworks.gov/org/main/mv/fmr/index.htm.
GSA is in the process of updating, reorganizing, streamlining, simplifying, and clarifying the contents of the FPMR, then transferring the contents to the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the CFR. When the transfer is complete, the FMR will contain a refined set of policies and regulatory requirements on managing property and administrative services. Non-regulatory materials (such as guidance, procedures, information and standards) will be available in separate documents, such as customer service guides, handbooks, brochures, Internet websites, and FMR bulletins.
The FMR is written in the "plain language" regulatory style. This style is directed at the reader and uses a question and answer format, active voice, shorter sentences, and pronouns such as "we", "you", and "I".
The conversion from the FPMR to the FMR will take some time, so it will occur incrementally as the regulations are rewritten. Because of this, both the FPMR and the FMR will exist concurrently, and readers will need to refer to both documents to obtain all the related material -- the same content will not appear in both regulations.
DATES: This interim rule is effective May 8, 2001. Comments on the interim rule should be submitted on or before July 9, 2001.
ADDRESSES: Comments should be submitted to Mr. Michael Hopkins, Regulatory Secretariat (MVRS), Office of Governmentwide Policy, General Services Administration, 1800 F Street, NW, Washington, DC 20405; e-mail: RIN.3090-AG33@gsa.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald Kendall, Office of Portfolio Management, General Services Administration, 202-501-0638; e-mail: firstname.lastname@example.org.
SUPPLEMENTAL INFORMATION: Besides the rewriting of the regulations pertaining to GSA's rent program, this interim rule is intended to improve GSA's overall management of real property assets and provide customer agencies flexibility in designing space to meet their mission needs. This interim rule establishes the pricing policy guidance for Occupancy Agreements (OAs) between GSA and customer agencies, changes the methods by which GSA-controlled space is identified and measured, eliminates the specific physical description of the components of standard level alterations, and substitutes budget guidance for alterations. As a result of these and other changes, GSA's relationship with its customers will more closely approximate landlord/customer relationships typical in the private sector.
The following are the major changes made by this interim rule to the FPMR and the FMR:
|Subpart A -- Pricing Policy -- General|
|102-85.5||By what authority is the pricing policy in this part prescribed?|
|102-85.10||What is the scope of this part?|
|102-85.15||What are the basic policies for charging rent for space and services?|
|102-85.20||What does an Occupancy Agreement (OA) do?|
|102-85.25||What is the basic principle governing OAs?|
|102-85.30||Are there special rules for certain Federal customers?|
|102-85.35||What definitions apply to this part?|
|102-85.40||What are the major components of the pricing policy?|
|Subpart B -- Occupancy Agreement|
|102-85.45||When is an Occupancy Agreement required?|
|102-85.50||When does availability of funding have to be certified?|
|102-85.55||What are the terms and conditions included in an OA?|
|102-85.60||Who can execute an OA?|
|102-85.65||How does an OA obligate the customer agency?|
|102-85.70||Are the standard OA terms appropriate for non-cancelable space?|
|102-85.75||When can space assignments be terminated?|
|102-85.80||Who is financially responsible for expenses resulting from tenant non-performance?|
|102-85.85||What if a customer agency participates in a consolidation?|
|Subpart C -- Tenant Improvement Allowance|
|102-85.90||What is a tenant improvement allowance?|
|102-85.95||Who pays for the TI allowance?|
|102-85.100||How does a customer agency pay for tenant improvements?|
|102-85.105||How does an agency pay for customer alterations that exceed the TI allowance?|
|102-85.110||Can the allowance amount be changed?|
|Subpart D -- Rent Charges|
|102-85.115||How is the Rent determined?|
|102-85.120||What is "Shell Rent"?|
|102-85.125||What alternate methods may be used to establish Rent in Federally owned space?|
|102-85.130||How are exemptions from Rent granted?|
|102-85.135||What if space and services are provided by other executive agencies?|
|102-85.140||How are changes in Rent reflected in OAs?|
|102-85.145||When are customer agencies responsible for Rent charges?|
|102-85.150||How will Rent charges be reflected on the customer agency's Rent bill?|
|102-85.155||What does a customer agency do if it does not agree with a Rent bill?|
|102-85.160||How does a customer agency know how much to budget for Rent?|
|Subpart E -- Standard Levels of Service|
|102-85.165||What are standard levels of service?|
|102-85.170||Can flexitime and other alternative work schedules cost the customer agency more?|
|102-85.175||Are the standard level services for cleaning, mechanical operation, and maintenance identified in an OA?|
|102-85.180||Can there be other standard services?|
|102-85.185||Can space be exempted from the standard levels of service?|
|102-85.190||Can GSA Rent be adjusted when standard levels of service are performed by other customer agencies?|
|Subpart F -- Special Services|
|102-85.195||Does GSA provide special services?|
|Subpart G -- Continued Occupancy, Relocation and Forced Moves|
|102-85.200||Can customer agencies continue occupancy of space or must they relocate at the end of an OA?|
|102-85.205||What happens if a customer agency continues occupancy after the expiration of an OA?|
|102-85.210||What if a customer agency has to relocate?|
|102-85.215||What if another customer agency forces a GSA customer to move?|
|102-85.220||Can a customer agency forced to relocate waive the reimbursements?|
|102-85.225||What are the funding responsibilities for relocations resulting from emergencies?|
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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