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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: September 16, 2004

SUBJECT: General Services Administration Acquisition Regulation (GSAR) Amendment 2004-03; Preference for Acquisition of Leasehold Interests in Historic Real Property

SOURCE: Federal Register, September 16, 2004, Vol. 69, No. 179, page 55937

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

ACTION: Final Rule

SYNOPSIS: GSA is amending GSAR 552.270-2, Historic Preference, to implement Executive Order 13006, Locating Federal Facilities on Historic Properties in Our Nation's Central Cities, by establishing a hierarchy of consideration and giving a price evaluation preference for those considerations.

EDITOR'S NOTE: For more on the proposed rule, see the October 19, 2001, FEDERAL CONTRACTS DISPATCH "General Services Administration Acquisition Regulation (GSAR); Acquisition of Leasehold Interests in Real Property -- Historic Preference."

The GSAR is the shaded part of the GSA Acquisition Manual, which is available on the Internet at http://www.acqnet.gov/GSAM/gsam.html.

EFFECTIVE DATE: September 16, 2004.

FOR FURTHER INFORMATION CONTACT: Julia Wise at 202-208-1168.

SUPPLEMENTAL INFORMATION: Executive Order 13006, dated May 21, 1996, requires the federal government to "utilize and maintain, wherever operationally appropriate and economically prudent, historic properties and districts..." The executive order directs federal agencies to "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." If there is no suitable site within an historic district, "federal agencies shall then consider historic properties outside of historic districts."

GSAR 552.270-2 provided a 10% price evaluation preference to historic buildings without differentiation. On October 19, 2001, GSA published a proposed rule that would amend GSAR 552.270-2 to establish a hierarchy of consideration by giving a price evaluation preference to offers of space falling within the hierarchy, as follows:

  1. Suitable historic properties within historic districts will be given a 10% price preference.

  2. If no suitable historic property within an historic district is offered, or the 10% preference does not result in such property being the lowest price technically acceptable offer, then suitable non-historic developed or undeveloped sites within historical districts will be given a 2.5% price preference.

  3. If no suitable non-historic developed or undeveloped site within an historic district is offered, or the 2.5% preference does not result in such property being the lowest price technically acceptable offer, suitable historic properties outside of historic districts will be given a 10% price preference.

  4. If no suitable historic property outside of historic districts is offered, no historic price preference will be given to any property offered.

No comments were received, so the proposed rule is finalized without changes.

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

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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