[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12272-12274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6427]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-72

[FMR Amendment 2009-03; FMR Case 2009-102-1; Docket 2009-0002; Sequence 
2]
RIN 3090-AI86


Federal Management Regulation; FMR Case 2009-102-1, Delegation of 
Authority To Perform Ancillary Repair and Alteration Work in Federally 
Owned Buildings Under the Jurisdiction, Custody or Control of the 
General Services Administration

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

ACTION: Final rule.

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SUMMARY: GSA is amending the Federal Management Regulation (FMR) to 
delegate to Executive agencies the authority to perform ancillary 
repair and alteration work in federally owned buildings under the 
jurisdiction, custody or control of GSA in accordance with the terms, 
conditions and limitations set forth in sections 102-72.66 through 102-
72.69.

DATES: Effective Date: April 23, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley C. Langfeld, Director, 
Regulations Management Division, Office of Governmentwide Policy, 
General Services Administration, at (202) 501-1737, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#f6858297989a938fd89a97989190939a92b6918597d8919980"><span class="__cf_email__" data-cfemail="a4d7d0c5cac8c1dd8ac8c5cac3c2c1c8c0e4c3d7c58ac3cbd2">[email protected]</span></a>, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat, Room 4041, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FMR Amendment 2009-03, FMR Case 2009-102-1.

SUPPLEMENTARY INFORMATION:

A. Background

    The GSA Federal Acquisition Service established Ancillary Repair 
and Alterations as a Special Item Number (SIN) in the GSA Multiple 
Award Schedule. The SIN provides for the acquisition of ancillary 
repair and alteration services when it is a minor part of a project and 
is required to support a product or service that is purchased under the 
same GSA Multiple Award Schedule from the same vendor.
    An Executive agency may not perform ancillary repair and alteration 
work in a federally owned building under the jurisdiction, custody or 
control of GSA using this SIN without first obtaining a delegation of 
authority from the Administrator of General Services. To promote 
efficiency and economy, 41 CFR sections 102-72.66 through 102-72.69 
delegate such ancillary repair and alteration authority to all 
Executive agencies in accordance with the terms, conditions and 
limitations set forth in those sections.

B. Executive Order 12866

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

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for comment. Therefore, the Regulatory Flexibility Act does 
not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR do not impose information collection requirements that require 
the

[[Page 12273]]

approval of the Office of Management and Budget under 44 U.S.C. 3501-
3521.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is exempt from Congressional review under 5 U.S.C. 
801, since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Part 102-72

    Delegation of authority.

    Dated: January 23, 2009.
Paul F. Prouty,
Acting Administrator of General Services.

0
For the reasons set forth in the preamble, GSA amends 41 CFR part 102-
72 as set forth below:

PART 102-72--DELEGATION OF AUTHORITY

0
1. The authority citation for 41 CFR part 102-72 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c), 40 U.S.C. 3305, 40 U.S.C. 3314.

0
2. Add sections 102-72.66 through 102-72.69 to read as follows:

Sec.  102-72.66  Do Executive agencies have a delegation of authority 
to perform ancillary repair and alteration projects in federally owned 
buildings under the jurisdiction, custody or control of GSA?

    Yes. Executive agencies, as defined in Sec.  102-71.20, are hereby 
delegated the authority to perform ancillary repair and alteration work 
in federally owned buildings under the jurisdiction, custody or control 
of GSA in accordance with the terms, conditions and limitations set 
forth in Sec. Sec.  102-72.67 through 102-72.69.


Sec.  102-72.67  What work is covered under an ancillary repair and 
alteration delegation?

    (a) For purposes of this delegation, ancillary repair and 
alteration projects are those--
    (1) Where an Executive agency has placed an order from a vendor 
under a GSA Multiple Award Schedule and ancillary repair and alteration 
services also are available from that same vendor as a Special Item 
Number (SIN);
    (2) Where the ancillary repair and alteration work to be performed 
is associated solely with the repair, alteration, delivery, or 
installation of products or services also purchased under the same GSA 
Multiple Award Schedule;
    (3) That are routine and non-complex in nature, such as routine 
painting or carpeting, simple hanging of drywall, basic electrical or 
plumbing work, landscaping, and similar non-complex services; and
    (4) That are necessary to be performed to use, execute or implement 
successfully the products or services purchased from the GSA Multiple 
Award Schedule.
    (b) Ancillary repair and alteration projects do not include--
    (1) Major or new construction of buildings, roads, parking lots, 
and other facilities;
    (2) Complex repair and alteration of entire facilities or 
significant portions of facilities; or
    (3) Architectural and engineering services procured pursuant to 40 
U.S.C. 1101-1104.


Sec.  102-72.68  What preconditions must be satisfied before an 
Executive agency may exercise the delegated authority to perform an 
individual ancillary repair and alteration project?

    The preconditions that must be satisfied before an Executive agency 
may perform ancillary repair and alteration work are as follows:
    (a) The ordering agency must order both the products or services 
and the ancillary repair and alteration services under the same GSA 
Multiple Award Schedule from the same vendor;
    (b) The value of the ancillary repair and alteration work must be 
less than or equal to $100,000 (for work estimated to exceed $100,000, 
the Executive agency must contact the GSA Assistant Regional 
Administrator, Public Buildings Service, in the region where the work 
is to be performed to request a specific delegation);
    (c) All terms and conditions applicable to the acquisition of 
ancillary repair and alteration work as required by the GSA Multiple 
Award Schedule ordering procedures must be satisfied;
    (d) The ancillary repair and alteration work must not be in a 
facility leased by GSA or in any other leased facility acquired under a 
lease delegation from GSA; and
    (e) As soon as reasonably practicable, the Executive agency must 
provide the building manager with a detailed scope of work, including 
cost estimates, and schedule for the project, and such other 
information as may be reasonably requested by the building manager, so 
the building manager can determine whether or not the proposed work is 
reasonably expected to have an adverse effect on the operation and 
management of the building, the building's structural, mechanical, 
electrical, plumbing, or heating and air conditioning systems, the 
building's aesthetic or historic features, or the space or property of 
any other tenant in the building. The Executive agency must obtain 
written approval from the building manager prior to placing an order 
for any ancillary repair and alteration work.


Sec.  102-72.69  What additional terms and conditions apply to an 
Executive agencies' delegation of ancillary repair and alteration 
authority?

    (a) Before commencing any ancillary repair and alteration work, the 
Executive agency shall deliver, or cause its contractor to deliver, to 
the building manager evidence that the contractor has obtained at least 
$5,000,000 comprehensive general public liability and property damage 
insurance policies to cover claims arising from or relating to the 
contractor's operations that cause damage to persons or property; such 
insurance shall name the United States as an additional insured.
    (b) The Executive agency shall agree that GSA has no responsibility 
or liability, either directly or indirectly, for any contractual claims 
or disputes that arise out of or relate to the performance of ancillary 
repair and alteration work, except to the extent such claim or dispute 
arises out of or relates to the wrongful acts or negligence of GSA's 
agents or employees.
    (c) The Executive agency shall agree to administer and defend any 
claims and actions, and shall be responsible for the payment of any 
judgments rendered or settlements agreed to, in connection with 
contract claims or other causes of action arising out of or relating to 
the performance of the ancillary repair and alteration work.
    (d) For buildings under GSA's custody and control, GSA shall have 
the right, but not the obligation, to review the work from time to time 
to ascertain that it is being performed in accordance with the approved 
project requirements, schedules, plans, drawings, specifications, and 
other related construction documents. The Executive agency shall 
promptly correct, or cause to be corrected, any non-conforming work or 
property damage identified by GSA, including damage to the space or 
property of any other tenant in the building, at no cost or expense to 
GSA.
    (e) The Executive agency shall remain liable and financially 
responsible to GSA for any and all personal or property damage caused, 
in whole or in part, by the acts or omissions of the Executive agency, 
its employees, agents, and contractors.
    (f) If the cost or expense to GSA to operate the facility is 
increased as a result of the ancillary repair and alteration project, 
the Executive agency shall be responsible for any such costs or 
expenses.

[[Page 12274]]

    (g) Disputes between the Executive agency and GSA arising out of 
the ancillary repair and alteration work will, to the maximum extent 
practicable, be resolved informally at the working level. In the event 
a dispute cannot be resolved informally, the matter shall be referred 
to GSA's Public Buildings Service. The Executive agency agrees that, in 
the event GSA's Public Buildings Service and the Executive agency fail 
to resolve the dispute, they shall refer it for resolution to the 
Administrator of General Services, whose decision shall be binding.

[FR Doc. E9-6427 Filed 3-23-09; 8:45 am]
BILLING CODE 6820-14-P


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