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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: December 13, 2002

SUBJECT: Federal Management Regulation (FMR); Real Property Policies

SOURCE: Federal Register, December 13, 2002, Vol. 67, No. 240, pages 76819 and 76882

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Final Rules

SYNOPSIS: GSA is revising the FMR to complete the transfer of real property policies from the Federal Property Management Regulations (FPMR) to the FMR. In addition, the corresponding FPMR parts are amended by removing all the text and providing cross-references to the FMR.

EDITOR'S NOTE: For more on the final rule that established the FMR parts being revised, see the January 18, 2001, FEDERAL CONTRACTS DISPATCH "Federal Management Regulation (FMR); Real Property Policies."

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.

EFFECTIVE DATE: December 13, 2002.

FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real Property Policy Division, Office of Governmentwide Policy, General Services Administration, by phone at (202) 501-1737 or by e-mail at stanley.langfeld@gsa.gov.

SUPPLEMENTAL INFORMATION: On January 18, 2001, GSA published a final rule that adding coverage on real property policies to the FMR as part of its on-going transfer of regulations from the FPMR to the FMR. However, the procedures for carrying out most of those policies or perform the required functions remained in the corresponding FPMR chapters, so a section was added to each affected FPMR part to direct readers to the additional policy coverage contained in the FMR.

The following were the new FMR chapters added by the January 18, 2001, rule along with the corresponding FPMR chapters:

      FMR 102-71General
      FMR 102-72Delegation of Authority
      FMR 102-73Real Estate Acquisition (FPMR Part 101-18)
      FMR 102-74Facility Management (FPMR Part 101-20)
      FMR 102-75Real Property Disposal (FPMR Part 101-47)
      FMR 102-76Design and Construction (FPMR Part 101-19)
      FMR 102-77Art-in-Architecture
      FMR 102-78Historic Preservation
      FMR 102-79Assignment and Utilization of Space (FPMR Part 101-17)
      FMR 102-80Safety and Environmental Management (FPMR Part 101-19)
      FMR 102-81Security
      FMR 102-82Utility Services (FPMR Part 101-33)

In addition, the following miscellaneous policies were addressed in the FMR (and the corresponding FPMR section amended as mentioned above):

      FMR 102-74.70 through 102-74.90, regarding federal facility ridesharing policy (FPMR 101-6.300)
      FMR 102-80.45, regarding fire protection engineering (FPMR 101-6.600)

To each FPMR chapter was added the following language: "For more information on the utilization and disposal of real property [or "facility management" or other real property policy], see 41 CFR Parts 102-71 through 102-82. To the extent that any policy statements in this part are inconsistent with the policy statements in 41 CFR Parts 102-71 through 102-82, the policy statements in 41 CFR Parts 102-71 through 102-82 are controlling."

The two final rules published today complete the transfer of real property policies and procedures from the FPMR to the FMR. All the procedures in the FPMR have been removed and placed in the corresponding FMR part. All that remains of each FPMR part is a single section directing the reader to the appropriate FMR part. For example, all that remains of FPMR Part 101-47 is FPMR 101-47.0, Cross-Reference to the Federal Management Regulation (FMR) 41 CFR Chapter 102 Parts 1 through 220), which states, "For information on utilization and disposal of real property, see FMR Part 102-75 (41 CFR Part 102-75)."

In addition, a new FMR Part 102-83, Location of Space, is added to deal specifically with the updated policies on the location of space. New FMR Part 102-83 replaces Interim Rule D-1 in the Appendix to Subchapter D, Temporary Regulations Federal Property Management Regulations, which revised FPMR Part 101-17.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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