19708 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

Histopathological Effects of

Monosodium Methanearsonate (MSMA)

on New Zealand White Rabbits

(Oryctalagus cuniculus). Bull. Environ.

Contam. Toxicol. 42:289–293.

(18) Prukop, J.A., Savage, N.L. (1986)

Some Effects of Multiple, Sublethal

Doses of Monosodium Methanearsonate

(MSMA) Herbicide on Hematology,

Growth, and Reproduction of Laboratory

Mice. Bull. Environ. Contam. Toxicol.

36:337–341.

(19) U.S. Environmental Protection

Agency. (1989) Data Evaluation Report:

Methanearsonic Acid Fifty Two Week

Chronic Oral Toxicity Study in Beagle

Dogs. MRID No. 405461–01/412664–01.

(20) U.S. Environmental Protection

Agency. (1986) Data Evaluation Report:

Methanearsonic Acid Teratology Study

in the Rabbit. MRID No. 159390–01.

(21) U.S. Environmental Protection

Agency. (1994) Data Evaluation Report:

a Two Generation Reproduction Study

in Rats with Methanearsonic Acid

(MAA). MRID No. 431783–01.

(22) U.S. Environmental Protection

Agency. (1990) Data Evaluation Report:

a Teratology Study in Rats with

Methanearsonic Acid. MRID No.

419264–01.

(23) U.S. Environmental Protection

Agency. (1994) Carcinogenicity Peer

Review Document for Cacodylic Acid.

(24) U.S. Environmental Protection

Agency. (1991) Data Evaluation Report:

Monosodium Methane Arsonate

(MSMA); Avian Single Dose Oral LD50

Test (Bobwhite Quail). MRID No.

416100–02.

(25) Moffett, J.O., Morton, H.L.,

MacDonald, R.H. (1972) Toxicity of

Some Herbicidal Sprays to Honey Bees.

J. Econ. Entomol. 65:32–36.

(26) Morton, H.L., Moffett, J.O.,

MacDonald, R.H. (1972) Toxicity of

Herbicides to Newly Emerged Honey

Bees. Environ. Entomol. 1:102–104.

(27) Hazard Assessment Guidelines

for Listing Chemicals on the Toxic

Release Inventory. Revised Draft (May

26, 1992). Office of Pollution Prevention

and Toxics, U.S. Environmental

Protection Agency.

(28) Eisler, R. (1988) Arsenic Hazards

to Fish, Wildlife, and Invertebrates: A

Synoptic Review. Dept. of the Interior,

U.S. Fish Wildl. Serv. Biol. Rep.

85(1.12) .

(29) Menzer, R.E. (1991) Water and

Soil Pollutants. In: Amdur, M.O., Doull,

J. Klaassen, C.D. eds., Casarett and

Doull’s Toxicology, The Basic Science

of Poisons. Fourth Edition. Pergamon

Press: New York; pp. 891–893.

(30) Toxicological Profile For Arsenic.

Agency for Toxic Substances and

Disease Registry (ATSDR) Report No.

ATSDR/TP-92/02; pp. 99–108.

(31) Woolson, E.A. (1977) Fate of

Arsenicals in Different Environmental

Substrates. Environmental Health

Perspectives 19:73–81.

(32) Seventh Annual Report on

Carcinogens: 1994 Summary. United

States Department of Health and Human

Services, National Toxicology Program;

pp. 21–26.

VI. Administrative Record

The record supporting this decision is

contained in docket control number

OPPTS–400092. All documents,

including an index of the docket, are

available to the public in the TSCA

NonConfidential Information Center

(NCIC), also known as the Public Docket

Office, from noon to 4 p.m., Monday

through Friday, excluding legal

holidays. The TSCA NCIC is located at

EPA Headquarters, Rm. NE–B607, 401

M St., SW., Washington, DC 20460.

List of Subjects in 40 CFR Part 372

Environmental protection, Chemicals,

Community right-to-know, Reporting

and recordkeeping requirements, and

Toxic chemicals.

Dated: April 14, 1995.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

[FR Doc. 95–9782 Filed 4–17–95; 12:11 pm]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

48 CFR Parts 501, 503, 505, 506, 507,

552, and 570

[GSAR Notice 5–399]

RIN–AF67

General Services Administration

Acquisition Regulation; Leasing Real

Property

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Proposed rule.

SUMMARY: The General Services

Administration (GSA) invites written

comments on a proposal to amend the

General Services Administration

Acquisition Regulation (GSAR) to

implement various provisions of the

Federal Acquisition Streamlining Act of

1994 as they apply to the acquisition of

leasehold interests in real property and

to implement recommendation of a GSA

process re-engineering team for

streamlining and/or improving the lease

acquisition process.

DATES: Comments on the proposed rule

should be submitted by June 19, 1995 to

be considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to Ms.

Marjorie Ashby, General Services

Administration, Office of GSA

Acquisition Policy, 18th & F Streets,

NW, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:

Tom Wiznowski, Office of GSA

Acquisition Policy, (202) 501–1224.

SUPPLEMENTARY INFORMATION:

A. Background

This proposed rule implements

several provisions of the Federal

Acquisition Streamlining Act (FASA),

Pub. L. 103–355, October 13, 1994 as it

applies to the acquisition of leasehold

interests in real property. Most of the

provisions of FASA which are

implemented in the Federal Acquisition

Regulation (FAR) will also apply to

leases of real property because the

GSAR incorporates provision of the FAR

that apply to leases of real property by

reference. Other provisions of FASA are

unique to leases of real property and are

addressed in Part 570 of the GSAR. The

most significant provisions of FASA

that are implemented through changes

in Part 570 are:

(1) Section 4402 of FASA amended

the Federal Property and Administrative

Services Act to authorize the

Administrator of General Services to

prescribe regulations that provide

special simplified procedures for

acquisitions of leasehold interests in

real property at rental rates that do not

exceed the simplified acquisition

threshold. For purposes of establishing

such procedures the rental rate or rates

under a multiyear lease do not exceed

the simplified acquisition threshold if

the average annual rent payable for the

period of the lease does not exceed the

simplified acquisition threshold

($100,000).

(2) Section 1061 of FASA amended

the Federal Property and Administrative

Services Act to provide for disclosure of

all significant evaluation factors and

subfactors and to provide for disclosure

to offerors whether all evaluation factors

other than cost or price, when

combined, are significantly more

important than cost or price;

approximately equal in importance to

cost or price; or significantly less

important than cost or price.

(3) Section 1063 of FASA amended

the Federal Property and Administrative

Services Act to provide for notification,

in writing or by electronic means, of

award to unsuccessful offerors within 3

days after the date of contract award.
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19709

(4) Section 1064 of FASA amended

the Federal Property and Administrative

Services Act to provide for post-award

debriefings and outlined information to

be disclosed in such debriefings. The

law also provides for each solicitation

for competitive proposals to include a

statement that described the information

that may be disclosed in post-award

debriefings.

This proposed rule also implements

several recommendations made by a

GSA process re-engineering team for

improving the procedures for acquiring

leasehold interests in real property.

B. Executive Order 12866

This proposed rule was submitted to

the Office of Management and Budget

under Executive Order 12866.

C. Regulatory Flexibility Act

This proposed rule is not expected to

have a significant economic impact on

a substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) because it will have

a beneficial impact on all offerors,

including small business concerns. The

proposed rule substantially simplifies

the acquisition process for leases of real

property entered into by the General

Services Administration making it

easier for offerors to do business with

GSA. An Initial Regulatory Analysis

has, therefore, not been performed.

Comments from small entities

concerning this proposed rule will be

considered in accordance with 5 U.S.C.

610.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

GSAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3502, et seq.

List of Subjects in 48 CFR Parts 501,

503, 505, 506, 507, 552, and 570

Government procurement.

Accordingly, it is proposed that 48

CFR Parts 501, 503, 505, 506, 507, 552,

and 570 are amended as follows:

1. The authority citation for 48 CFR

Parts 501, 503, 505, 506, 507, 552, and

570 continues to read as follows:

Authority: 40 U.S.C. 486(c).

PART 501—GENERAL SERVICES

ADMINISTRATION ACQUISITION

REGULATION SYSTEM

2. Section 501.103 is amended by

revising paragraph (b) to read as follows:

501.103 Applicability.

* * * * *

(b) Parts 501, 502, 503, 505, 506, 519,

530, 533, 552, 553 and 570; part 504,

subparts 504.2 and 504.9; part 509,

subpart 509.4; part 515, subpart 515.1;

part 522, subparts 522.8, 522.13, and

522.14; and part 532, subparts 532.1,

532.4, 532.6, 532.8 and 532.9 apply to

leases of real property. Other provisions

of the (GSAR) 48 CFR Chapter 5 do not

apply to leases of real property unless

a specific cross-reference is made in part

570.

* * * * *

PART 503—IMPROPER BUSINESS

PRACTICES AND PERSONAL

CONFLICTS OF INTERESTS

3. Section 503.104–10 is amended by

revising paragraph (a) and (b)(3) to read

as follows:

503.104–10 Solicitation provisions and

contract clauses.

(a) The contracting officer may insert

the provision at 552.203–71, Prohibited

Conduct, in solicitations for the

acquisition of leasehold interests in real

property if there is a need to inform

prospective offerors of certain conduct

which is prohibited by law.

(b) * * *

(3) Simplified procedures are being

used (see 570.2).

* * * * *

PART 505—PUBLICIZING CONTRACT

ACTIONS

4. Section 505.101 is amended by

revising paragraph (c) introductory text

and (c)(2) to read as follows:

505.101 Methods of disseminating

information.

* * * * *

(c) Unless exempt under (FAR) 48

CFR 5.202 or 505.202, proposed

acquisitions must be publicized in local

newspapers or posted on GSA’s

electronic bulletin board for acquisition

programs (To access, set your

communications software to 9600 or

lower baud, no parity, 8 data bits, and

1 stop bit. Dial 816–926–3387) when the

acquisition is for:

* * * * *

(2) Leasehold interests in real

property and exceeds the simplified

lease acquisition threshold (see

570.102).

5. Section 505.202 is amended by

revising paragraph (a) introductory text

and by removing paragraph (b)(1) and

redesignating paragraphs (b)(2) and

(b)(3) as (b)(1) and (b)(2) to read as

follows;

505.202 Exceptions.

* * * * *

(a) Advertising in local newspapers or

posting on GSA’s electronic bulletin

board for acquisition programs (To

access, set your communications

software to 9600 or lower baud, no

parity, 8 data bits, and 1 stop bit. Dial

816–926–3387) is more appropriate than

synopsizing in the Commerce Business

Daily (CBD) for proposed acquisitions

of—

* * * * *

6. Section 505.203 is amended by

inserting the words ‘‘or be posted on

GSA’s electronic bulletin board for

acquisition programs’’ in paragraph (a)

introductory text immediately following

the word ‘‘newspapers’’ and by revising

paragraph (b) to read as follows:

505.203 Publicizing and response time.

* * * * *

(b) The publicizing and response

times in paragraph (a) do not apply to

proposed acquisition of leasehold

interests in real property being

conducted using simplified lease

acquisition procedures (see 570.2). In

such cases, the contracting officer may

establish response times appropriate for

the individual acquisitions involved.

PART 506—COMPETITION

REQUIREMENTS

7. Section 506.001 is added to read as

follows:

506.001 Applicability.

This part and (FAR) 48 CFR Part 6 do

not apply to acquisitions of leasehold

interests in real property awarded using

the simplified procedures of part 570,

subpart 570.2.

PART 507—ACQUISITION PLANNING

8. Section 507.100 is removed.

PART 552—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

9. Section 552.270–1 is amended to

revise the prescription for use of the

provision to read as follows:

552.270–1 Preparation of offers.

As prescribed in 570.702, insert the

following provision:

* * * * *

10. Section 552.270–2 is amended to

revise the prescription for use of the

provision to read as follows:

552.270–2 Explanation to prospective

offerors.

As prescribed in 570.702, insert the

following provision:

* * * * *
19710 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

11. Section 552.270–3 is amended by

revising the prescriptive language before

the provision, by revising the date of the

provision, by revising paragraph (a)

introductory text of the provision, and

by adding an Alternate I to read as

follows:

552.270–3 Late submissions,

modifications, and withdrawals of offers.

As prescribed in 570.702, insert the

following provision:

Late Submissions, Modifications, and

Withdrawals of Offers (XXX 1995)

(a) Any offer received at the office

designated in the solicitation after the exact

time specified for receipt of initial offers will

not be considered unless it is received before

award is made and it—

* * * * *

Alternate I (XXX 1995)

As prescribed in 570.702, substitute the

following paragraph for paragraph (a) of the

basic clause:

(a) Any offer received at the office

designated in the solicitation after the exact

time specified for receipt of best and final

offers will not be considered unless it is

received before award is made and it—

12. Section 552.270–4 is amended to

revise the prescription for use of the

provision to read as follows:

552.270–4 Historic preference.

As prescribed in 570.702, insert the

following provision:

* * * * *

13. Section 552.270–5 is amended to

revise the prescription for use of the

provision to read as follows:

552.270–5 Lease award.

As prescribed in 570.702, insert the

following provision:

* * * * *

14. Section 552.270–6 is amended to

revise the prescription for use of the

provision to read as follows:

552.270–6 Parties to execute lease.

As prescribed in 570.702, insert the

following provision:

* * * * *

15. Section 552.270–10 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–10 Definitions.

As prescribed in 570.703, insert the

following provision:

* * * * *

16. Section 552.270–11 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–11 Subletting and assignment.

As prescribed in 570.703, insert the

following provision:

* * * * *

17. Section 552.270–12 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–12 Maintenance of building and

premises—Right of entry.

As prescribed in 570.703, insert the

following provision:

* * * * *

18. Section 552.270–13 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–13 Fire and casualty damage.

As prescribed in 570.703, insert the

following provision:

* * * * *

19. Section 552.270–15 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–15 Compliance with applicable

law.

As prescribed in 570.703, insert the

following provision:

* * * * *

20. Section 552.270–16 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–16 Inspection—Right of entry.

As prescribed in 570.703, insert the

following provision:

* * * * *

21. Section 552.270–17 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–17 Failure in performance.

As prescribed in 570.703, insert the

following provision:

* * * * *

22. Section 552.270–18 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–18 Successors bound.

As prescribed in 570.703, insert the

following provision:

* * * * *

23. Section 552.270–19 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–19 Alterations.

As prescribed in 570.703, insert the

following provision:

* * * * *

24. Section 552.270–20 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–20 Proposals for adjustment.

As prescribed in 570.703, insert the

following provision:

* * * * *

25. Section 552.270–21 is amended by

revising the date of the provision and

paragraph (a) to read as follows:

552.270–21 Changes.

* * * * *

Changes (APR 1995)

(a) The Contracting Officer may at any time

by written order, with the consent of the

Lessor, make changes within the general

scope of this lease in any one or more of the

following:

(1) Specifications (including drawings and

designs);

(2) Work or services;

(3) Facilities or space layout; or

(4) Amount of space.

* * * * *

26. Section 552.270–22 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–22 Liquidated damages.

As prescribed in 570.703, insert the

following provision:

* * * * *

27. Sections 552.270–23 and 552.270–

24 are removed and reserved.

28. Section 552.270–25 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–25 Adjustment for vacant

premises.

As prescribed in 570.703, insert the

following provision:

* * * * *

29. Section 552.270–27 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–27 Delivery and condition.

As prescribed in 570.703, insert the

following provision:

* * * * *

30. Section 552.270–28 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–28 Default in delivery—Time

extensions.

As prescribed in 570.703, insert the

following provision:

* * * * *

31. Section 552.270–30 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–30 Progressive occupancy.

As prescribed in 570.703, insert the

following provision:

* * * * *

32. Section 552.270–31 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–31 Measurement for payment.

As prescribed in 570.703, insert the

following provision:

* * * * *

Section 552.270.32 is amended to

revise the prescription for use of the

clause to read as follows:
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19711

552.270–32 Effect of acceptance and

occupancy.

As prescribed in 570.703, insert the

following provision:

* * * * *

34. Section 552.270–33 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–33 Default by lessor during the

term.

As prescribed in 570.703, insert the

following provision:

* * * * *

35. Section 552.270–34 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–34 Subordination,

nondisturbance and attornment.

As prescribed in 570.703, insert the

following provision:

* * * * *

35a. Section 552.270–35 is amended

to revise the prescription for use of the

clause to read as follows:

552.270–35 Statement of lease.

As prescribed in 570.703, insert the

following provision:

* * * * *

36. Section 552.270–36 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–36 Substitution of tenant agency.

As prescribed in 570.703, insert the

following provision:

* * * * *

37. Section 552.270–37 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–37 No waiver.

As prescribed in 570.703, insert the

following provision:

* * * * *

38. Section 552.270–38 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–38 Integrated agreement.

As prescribed in 570.703, insert the

following provision:

* * * * *

39. Section 552.270–39 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–39 Mutuality of obligation.

As prescribed in 570.703, insert the

following provision:

* * * * *

40. Section 552.270–40 is amended to

revise the prescription for use of the

clause to read as follows:

552.270–40 Asbestos and hazardous

waste management.

As prescribed in 570.703, insert the

following provision:

* * * * *

PART 570—ACQUISITION OF

LEASEHOLD INTERESTS IN REAL

PROPERTY

41. Section 570.102 is amended by

removing the definitions of ‘‘Fair

Rental’’ and ‘‘Rent and related services’’

and by adding definitions for ‘‘Rent’’

and ‘‘Simplified leasing acquisition

threshold’’ to read as follows:

570.102 Definitions.

* * * * *

Rent means the amount of

consideration to be paid by the

Government for use of land and

buildings, or portions of buildings,

under the lease, excluding the cost of

any services such as heat, light, water,

and janitorial service.

Simplified leasing acquisition

threshold means $100,000 average

annual rent for the term of the lease,

including option periods.

* * * * *

42. Section 570.104 is removed.

43. Section 570.105 is redesignated as

570.104 and revised to read as follows:

570.104 Competition.

Unless the simplified procedures in

570.2 are used, the competition

requirements of (FAR) 48 CFR Parts 6

and 506 apply to the acquisition of

leasehold interests in real property.

44. Subpart 570.2 is revised to read as

follows:

Subpart 570.2—Simplified Lease

Acquisition Procedures

570.201 Definitions.

570.202 Purpose.

570.203 Policy.

570.204 Procedures.

570.204–1 Market survey.

570.204–2 Competition.

570.204–3 Soliciting offers.

570.204–4 Negotiation and award.

570.204–5 Inspection.

570.201 Definitions.

Simplified lease acquisition

procedures mean the procedures

described in this subpart for awarding

leases with annualized rent at or below

the simplified acquisitions threshold of

$100,000, including options.

570.202 Purpose.

The purpose of this subpart is to

prescribe simplified procedures for

small leases in order to reduce

administrative costs while providing for

the efficient and economical acquisition

of leasehold interests in real property.

570.203 Policy.

Simplified lease acquisition

procedures should be used to the

maximum extent practicable for actions

at or below the simplified lease

acquisition threshold.

570.204 Procedures.

570.204–1 Market survey.

A market survey should be conducted

to identify potential sources. The

contracting officer may use information

available within GSA or from other

available sources to identify locations

that will meet the Government’s

minimum requirements.

570.204–2 Competition.

(a) When the lease is not expected to

exceed the simplified lease acquisition

threshold, the solicitation of at least

three sources is considered to promote

competition to the maximum extent

practicable When repeated requirements

for space occur in the same market, and

if practicable, two sources not include

din the most recent solicitation should

be invited to submit offers.

(b) If only one source is solicited, the

file should be documented with an

explanation for the lack of competition.

570.204–3 Soliciting offers.

(a) Offers should be solicited by

presenting each prospective offeror with

a proposed short form lease or SFO

which identifies all factors, including

price or cost, and any significant

subfactors that will be considered in

awarding the lease and which states the

relative importance the Government

places on the evaluation factors or

subfactors. In describing the evaluation

factors to be considered, the solicitation

shall clearly disclose whether all

evaluation factors other than cost or

price when combined, are significantly

more important than cost or price;

approximately equal in importance to

cost or price; or significantly less

important than cost or price. The

offerors must be informed of minimum

requirements that apply to particular

evaluation factors and significant

subfactors.

(b) The proposed lease or SFR should

describe the Government’s requirements

and include, either in full text or by

reference, applicable FAR provisions

and contract clauses required by

570.701 and applicable GSAR

provisions and clauses required by

570.702 and 570.703.

(c) Generally, the following items

should be reviewed with prospective

offerors:

(1) Measurement of space and the

amount of space offered;
19712 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

(2) Alterations or modifications, if

any, to be made by the offeror as part

of the rent;

(3) Overtime rate (if needed);

(4) Level and frequency of service and

maintenance;

(5) Rental;

(6) Rates for utility and service

operating cost, if applicable;

(7) Percentage of occupancy of the

building, if a tax adjustment clause is

included; and

(8) Unit priced items (e.g., electrical

and telephone outlets) if included in the

lease.

(d) Following review, prospective

offerors should be instructed to

complete the appropriate sections of the

lease or SFO and submit the proposed

lease or offer to the Government by a

designated time established for receipt

of offers.

570.204–4 Negotiation and award.

Offers should be evaluated in

accordance with the solicitation. The

contracting officer should evaluate the

price and document the lease file to

demonstrate that the proposed contract

prices represent fair and reasonable

prices. In cases where the total cost

exceeds $500,000 cost and pricing data

must be obtained unless the

requirement is waived or one of the

exemptions at (FAR) 48 CFR 15.804–2

applies. The market price exemption

from submission of cost or pricing data

may be applied to proposed leases

where there is evidence that the price is

based on an established market price for

similar space leased to the general

public. A market survey and/or an

appraisal conducted in accordance with

accepted real property appraisal

procedures may be used as evidence to

establish the market price. An

acceptable small business

subcontracting plan must be provided if

the lease will exceed $500,000, unless

the lease will be awarded to a small

business concern. Negotiations, if

applicable, should be conducted in

accordance with 570.305. For leases

expected to exceed $100,000, a

Certificate of Procurement Integrity

must be provided to the proposed

successful offeror for completion and

submission before award. The

contracting officer should review the

List of Parties Excluded from

Procurement or Nonprocurement

Programs, to ensure the proposed

awardee is eligible to receive the award

and is otherwise responsible before

awarding the lease.

570.204–5 Inspection.

The space must be inspected to

ensure that it is in substantial

compliance with the Government’s

requirements and specifications before

acceptance by the contractor officer. The

contract file must be documented

accordingly.

45. Subpart 570.3 is revised to read as

follows:

Subpart 570.3—Procedures for

Contracting for Leasehold Interests in

Real Property

570.301 Market surveys.

570.302 Publicizing/Advertising.

570.303 Solicitation for offers (SF).

570.304 Changes to SFO’s.

570.305 Negotiations.

570.306 Evaluating offers.

570.307 Late offers, modifications of offers,

and withdrawals of offers.

570.308 Preaward requirements.

570.308–1 General.

570.308–2 Cost or pricing data.

570.308–3 Proposal evaluation.

570.308–4 Responsibility determinations.

570.309 Award.

570.310 Debriefings.

570.311 Inspection.

570.301 Market surveys.

A market survey should be conducted

to identify potential sources The

Contracting officer may use information

available within GSA or from other

available sources to identify locations

that will meet the Government’s

minimum requirements.

570.302 Publicizing/Advertising.

(a) Leasing actions expected to exceed

the simplified lease acquisition

threshold must be publicized in local

newspapers or be posted on GSA’s

electronic bulletin board for acquisition

programs unless exempt under (FAR) 48

CFR 5.202 or 505.202.

(b) When the Government intends to

acquire a leasehold interest in a

building to be constructed on a

preselected site, the proposed

acquisition must be synopsized in the

Commerce Business Daily (CBD).

570.303 Solicitation for offers (SFO).

(a) The SFO is the basis for the entire

lease negotiation process and must be

made a part of the lease. SFO’s must

contain the information necessary to

enable the prospective offeror to prepare

a proposal. Each solicitation, as a

minimum, must—

(1) Be in writing.

(2) Contain a description of the

minimum requirements of the

Government, including—

(i) A description of the required

space.

(ii) Specifications. The type of

specification will depend upon the

nature of the space needed by the

agency and the market available to

satisfy the needs. Specifications may be

stated in terms of function,

performance, or design requirements.

The specification must be drafted to

promote full and open competition and

include restrictive provisions or

conditions only to the extent necessary

to satisfy the needs of the agency or as

authorized by law.

(iii) Any special requirements.

(iv) A delivery schedule.

(3) State the method to be used to

measure space.

(4) Specify a date and place for the

submission of offers.

(5) Indicate how offers will be

evaluated.

(6) Indicate how offers are to be

structured.

(7) Identify all factors, including price

or cost, and any significant subfactors

that will be considered in awarding the

lease and state the relative importance

the Government places on those

evaluation factors and subfactors. In

describing the evaluation factors to be

considered, the solicitation shall clearly

disclose whether all evaluation factors

other than cost or price when combined,

are significantly more important than

cost or price; approximately equal in

importance to cost or price; or

significantly less important than cost or

price. Numerical weights, which may be

employed in the evaluation of

proposals, need not be disclosed in

solicitations. The solicitation must

inform offerors of minimum

requirements that apply to particular

evaluation factors and significant

subfactors. The other factors that will be

considered in evaluating proposals

should be tailored to each acquisition

and include only those factors that will

have an impact on the award decision.

The evaluation factors that apply to an

acquisition and the relative importance

of those factors are within the broad

discretion of the contracting officer.

However, price or cost to the

Government must be included as an

evaluation factor in every case. Other

evaluation factors that may apply to a

particular acquisition are the

availability of public transportation, the

availability of adequate food service

within a reasonable distance, the

neighborhood and building quality, the

availability of daycare and physical

fitness facilities, and any other relevant

factors.

(8) Include a statement outlining the

information that may be disclosed in

postaward debriefings.

(9) Include appropriate forms as

prescribed in part 570, subpart 570.8.

(b) The SFO must be released to all

prospective offerors at the same time.
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19713

570.304 Changes to SFO’s.

(a) When the Government’s

requirements change (either before or

after receipt of proposals), the

solicitation must be amended in writing.

(b) When time is of the essence,

information on modifications may be

provided orally if—

(1) The modifications are not

complex;

(2) A record is made of the

information provided;

(3) All offerors or prospective offerors

are given notice on the same day, if

possible; and

(4) The information provided orally is

promptly confirmed by a written

amendment.

(c) When modifications in the

Government’s requirements occur, the

following procedures apply—

(1) If proposals have not been

submitted, amendments must be sent to

all offerors solicited.

(2) If proposals have been received

but not evaluated, the amendments

must be sent to all of the offerors.

(3) If a modification is so substantial

that it requires a complete revision of

the solicitation, the solicitation should

be canceled and a new solicitation

issued.

570.305 Negotiations.

(a) Negotiations will be conducted

with all offerors that are within the

competitive range. The contracting

officer shall determine the competitive

range on the basis of cost and other

factors that were stated in the

solicitation and shall include in the

competitive range all offers that have a

reasonable chance of being selected for

award.

(b) The content and extent of the

negotiations are a matter of the

contracting officer’s judgment based on

the particular facts of each acquisition.

The contracting officer shall—

(1) Control all discussions;

(2) Advise the offeror of deficiencies

in its offer so that the offeror is given an

opportunity to satisfy the Government’s

requirements;

(3) Attempt to resolve any

uncertainties concerning the offer;

(4) Resolve any suspected mistakes by

calling them to the offeror’s attention as

specifically as possible without

disclosing information concerning other

offerors’ proposals or the evaluation

process; and

(5) Provide the offeror a reasonable

opportunity to submit any cost or price,

technical, or other revisions to its offer

that may result from the discussion.

(c) No indication may be given to any

offeror of a price which must be met

since such practice constitutes an

auction technique that is prohibited.

Likewise, no offeror should be advised

of its relative standing with other

offerors.

(d) After receipt of offers, no

information regarding the number or

identity of the offerors participating in

the negotiation may be made available

to anyone whose official duties do not

require such knowledge.

(e) Negotiations must be closed by

establishing a date and time for closing

of negotiations and requesting in writing

that offerors submit a ‘‘best and final

offer’’ by that date.

(f) Negotiations may not be conducted

after the closing date for best and final

offers unless negotiations are reopened

with all offerors in the competitive

range.

(g) Negotiations are confidential and

must reflect complete agreement on all

items and conditions of the lease

contract. Information regarding the

transaction will not be announced or

made available until after the contract is

awarded.

(h) A written negotiation record

should be placed in the lease file.

570.306 Evaluating offers.

(a) An abstract of final offers may be

prepared to aid in the analysis of offers

received.

(b) Offers will be evaluated in

accordance with the SFO.

570.307 Late offers, modifications of

offers, and withdrawals of offers.

Offers determined to be received late

will be considered under (FAR) 48 CFR

15.412.

570.308 Preaward requirements.

570.308–1 General.

(a) If an offeror answers affirmatively

on the Contingent Fees Representation

and Agreement, in order to comply with

the warranty requirement of 41 U.S.C.

254(a), the requirements of (FAR) 48

CFR part 3, subpart 3.4 and part 503,

subpart 503.4 must be followed for

leasing actions expected to exceed the

simplified lease acquisition threshold.

(b) Other applicable certifications

should be reviewed for compliance with

regulations.

570.308–2 Cost or pricing data.

(a) Cost or pricing data are required

under the circumstances described in

(FAR) 48 CFR 15.804–2.

(b) The exemptions from and waivers

of submission of certified cost or pricing

data are outlined in (FAR) 48 CFR

15.804–3. The competition exemption

applies when adequate price

competition, as defined in (FAR) 48 CFR

15.804–3(b), is obtained. The market

price exemption from submission of

cost or pricing data may be applied to

proposed leases where there is evidence

that the price is based on an established

market price for similar space leased to

the general public. A market survey

and/or an appraisal conducted in

accordance with accepted real property

appraisal procedures may be used as

evidence to establish the market price.

The contracting officer may grant an

exemption and need not require the

prospective lessor to submit a Standard

Form 1412, Claim for Exemption from

Submission of Certified Cost or Pricing

Data, when there is evidence, before

solicitation, that there is an acceptable

established market price (see (FAR) 48

CFR 15.804–3(e)(3)).

(c) In exceptional cases, the

requirement for submission of certified

cost or pricing data may be waived

under (FAR) 48 CFR 15.804–3(i) and

515.804–3.

(d) When certified cost or pricing data

is required, the contracting officer shall

follow the procedural requirements in

(FAR) 48 CFR 15.804–6(e).

(e) If the proposed lessor refuses to

provide the data when required, the

contracting officer shall follow the

procedures in (FAR) 48 CFR 15.804–6(e)

and 515.804–6.

570.308–3 Proposal evaluation.

(a) Offers should be evaluated in

accordance with the solicitation. The

contracting officer should evaluate the

price and document the lease file to

demonstrate that the proposed contract

prices represent fair and reasonable

prices.

(b) The lease file should also

document the evaluation of other award

factors listed in the solicitation. The file

should include the basis for evaluation,

an analysis of each offer, and a summary

of findings.

570.308–4 Responsibility determinations.

(a) The contracting officer shall make

a determination that the prospective

offeror is responsible with respect to the

lease being considered. The contracting

officer’s signature on the contract is

deemed to be an affirmative

determination. When an offeror is found

to be nonresponsible, the contracting

officer shall make, sign and place in the

contract file a determination of

nonresponsibility which shall state the

basis for the determination.

(b) If a small business concern is

found to be nonresponsible, the

procedures at (FAR) 48 CFR 19.6 and

(GSAR) 48 CFR 519.6 must be followed.

All documents and reports supporting a

determination of responsibility or
19714 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

nonresponsibility must be placed in the

permanent lease file.

570.309 Award.

(a) An award will be made to the

responsible offeror whose proposal is

most advantageous to the Government

considering price and other factors

included in the solicitation.

(b) Award will be made in writing

within the timeframe specified in the

SFO. If an award cannot be made within

that time, the contracting officer shall

request in writing from each offeror an

extension of the acceptance period

through a specific date.

(c) Unsuccessful offerors will be

notified in writing or electronically

within three days after the award.

(d) All proposals received in response

to a solicitation may be rejected if the

head of the contracting activity or

designee determines that such action is

in the public interest.

570.310 Debriefings.

(a) Unsuccessful offerors may request

a debriefing by the agency, provided

that said request is made in writing and

is received by the agency within 3 days

after the date of which the offeror

received notice of the contract award.

(b) The agency shall debrief the

offeror to the maximum extent possible

within 5 days after the request for the

debriefing.

(c) The debriefing shall include, at a

minimum:

(1) The agency’s evaluation of the

significant weak or deficient factors in

the offeror’s offer;

(2) The overall evaluation cost and

technical rating of the successful offer

and the offer requesting the debriefing;

(3) The overall ranking of all offers;

(4) A summary of the rationale for the

award;

(5) Reasonable responses to relevant

questions posed by the debriefed offeror

as to whether source selection

procedures set forth in the solicitation,

applicable regulations and other

applicable authorities were followed.

(6) A summary of the debriefing shall

be maintained in the contract file.

(d) The debriefing may not include

point-by-point comparisons of the

debriefed offeror’s offer with other offers

and may not disclose any information

that is exempt from disclosure.

570.311 Inspection.

The space must be inspected to

ensure that it is in substantial

compliance with the Government’s

requirements and specifications before

acceptance by the contracting officer.

The contract file must be documented

accordingly.

46. Section 570.502 is amended by

adding in the first sentence of paragraph

(a) the phrase ‘‘which exceed the

simplified lease acquisition threshold’’

immediately after the phrase

‘‘Succeeding leases’’ and by revising

paragraphs (b)(1), (b)(2), (b)(3)(ii) and

(b)(3)(iii)(B) to read as follows:

570.502 Succeeding leases.

* * * * *

(b) * * *

(1) Publicizing/Advertising. The

contracting officer shall publish a notice

in local newspapers or post a notice on

GSA’s electronic bulletin board for

acquisition programs. The notice should

normally

(i) Indicate the Government’s lease in

expiring,

(ii) Describe the agency’s need in

terms of type and quality of space,

(iii) Indicate the Government is

interested in considering alternative

space if economically advantageous,

(iv) Advise prospective offerors that

the Government will consider the cost

of moving, alterations, etc., when

deciding whether it should relocate, and

(v) Provide a contact person for those

interested in providing space to the

Government.

(2) Market survey. A market survey

must be conducted in accordance with

570.301.

(3) * * *

(ii) If potential acceptable locations

are identified through the advertisement

or market survey and relocation costs

(including estimated moving costs,

telecommunications costs, and the

estimated cost of alterations, amortized

over the firm term of the lease) will be

low enough to allow recovery through a

competitive process, the contracting

officer should proceed to develop a

formal SFO and negotiate with all

interested parties in accordance with

the procedures in part 570, subpart

570.3.

(iii) * * *

(B) Develop a SFO and negotiate with

all interested parties in accordance with

the procedures in part 570, subpart

570.3.

47. Section 570.503 is amended by

revising paragraphs (a), (b) introductory

text and (c) to read as follows:

570.503 Expansion requests.

(a) When the expansion space is

within the general scope of the lease,

the space may be acquired through a

modification to the lease without further

justification pursuant to (FAR) 48 CFR

6.3.

(b) When the expansion space needed

is outside the general scope of the lease,

the contracting officer must determine

whether it is more prudent to provide

the expansion space by supplemental

agreement to the existing lease or to

satisfy the requirement by competitive

means. A market survey must be

conducted to determine whether

suitable alternative locations are

available. If the market survey reveals

alternate locations that can satisfy the

total requirement, a cost benefit analysis

must be performed to determine

whether it is in the Government’s best

interest to relocate. This analysis may

include—

* * * * *

(c) Unless competitive procedures are

used to acquire the expansion space, a

justification should be prepared for

approval in accordance with (FAR) 48

CFR part 6, subpart 6.3 and part 506,

subpart 506.3 except when simplified

lease acquisition procedures in 570.2

are used.

48. Section 570.504 is amended by

revising paragraph (b) to read as follows:

570.504 Superseding leases.

* * * * *

(b) The justification and approval

requirements in (FAR) 48 CFR part 6,

subpart 6.3 and part 506, subpart 506.3

must be complied with before

negotiating a superseding lease if the

amount of the lease, including options,

exceeds the simplified leasing

acquisition threshold. When the cost is

less than or equal to the simplified

leasing acquisition threshold, the

contracting officer may use simplified

procedures outlined in 570.2 and

explain the absence of competition in

the file.

49. Section 570.505 is amended by

revising paragraph (a) to read as follows:

570.505 Lease extensions.

(a) The justification and approval

requirements in (FAR) 48 CFR part 6,

subpart 6.3 and part 506 subpart 506.3

must be complied with before

negotiating a Supplemental Lease

Agreement exceeding the simplified

leasing acquisition threshold to extend

the term of the lease to provide for

continued occupancy on a short term

basis (usually not to exceed 1 year). For

extensions of less than or equal to the

simplified leasing acquisition threshold

the contracting officer must explain the

absence of competition in the contract

file.

50. Section 570.602–1 is amended by

removing ‘‘$25,000’’ and substituting

‘‘$100,000’’ in paragraph (a) and

paragraph (b).

51. Section 570.602–2 is amended by

removing ‘‘$25,000’’ and substituting

‘‘$100,000’’ in paragraph (e)(3) and by
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19715

removing ‘‘$25,000’’ and substituting

‘‘$100,000’’ in paragraph (g).

52. Subpart 570.7 is revised to read as

follows:

Subpart 570.7—Solicitation Provisions and

Contract Clauses

570.701 FAR provisions and clauses.

570.702 Solicitation provisions.

570.703 Contract clauses.

570.704 Use of provisions and clauses.

570.701 FAR provisions and clauses.

In addition to including solicitation

provisions and contract clauses

prescribed in the (GSAR) 48 CFR

Chapter 5 provisions and/or clauses

substantially the same as the FAR

provisions/clauses listed, shall be

included in the circumstances

indicated.

(a) All solicitations and contracts

regardless of the dollar value must

include the following provisions/

clauses:

FAR (48 CFR part 52) Cite and Title

52.204–3 Taxpayer Identification

52.233–1 Disputes

(b) All solicitations and contracts

which exceed $2,500 must include the

FAR clause at 48 CFR 52.222–36,

Affirmative Action for Handicapped

Workers.

(c) All solicitations and contracts

which exceed $10,000 must include the

following provisions/clauses:

FAR (48 CFR part 52) Cite and Title

52.222–21 Certification of Nonsegregated

Facilities

52.222–22 Previous Contracts and

Compliance Reports

52.222–25 Affirmative Action Compliance

52.222–26 Equal Opportunity

52.222–35 Affirmative Action for Special

Disabled and Vietnam Era Veterans

52.222–37 Employment Reports on Special

Disabled and Veterans of the Vietnam

Era

(d) All solicitations and contracts

which exceed $25,000 must include the

FAR clauses at 48 CFR 52.219–8,

Utilization of Small Business Concerns

and Small Disadvantaged Business

Concerns.

(e) All solicitations and contracts

which exceed $100,000 must include

the following FAR provision/clauses:

FAR (48 CFR part 52) Cite and Title

52.203–7 Anti-Kickback Procedures

52.203–9 Requirement for Certification of

Procurement Integrity—Modification.

52.203–11 Certificate and Disclosure

Regarding Payments to Influence Certain

Federal Transactions

52.223–5 Certification Regarding a Drug

Free Workplace

(f) All solicitations and contracts for

actions which exceed the simplified

acquisition threshold for leasing must

include the following FAR provisions:

FAR (48 CFR part 52) Cite and Title

52.203–2 Certificate of Independent Price

Determination

52.209–5 Certification Regarding

Debarment, Suspension, Proposed

Debarment, and Other Responsibility

Matters

52.209–6 Protecting the Government’s

Interest when Subcontracting with

Contractors Debarred, Suspended, or

Proposed for Debarment

52.215–1 Examination of Records by

Comptroller General

52.215–12 Restriction on Disclosure and

Use of Data (Solicitations only)

52.219–2 Small Disadvantaged Business

Concern Representation

52.219–3 Women-Owned Small Business

Representation

52.219–13 Utilization of Women-Owned

Small Businesses

52.232–23 Assignment of Claims

52.233–2 Service of Protest (Solicitations

only)

(g) All solicitations and contracts

which exceed $500,000 must include

the deviations to the FAR clauses at 48

CFR 52.219–9, Small Business and

Small Disadvantaged Business

Subcontracting Plan, and 52.219–16,

Liquidated Damages—Small Business

Subcontracting Plan (see 519.708(a) and

(b)).

(h) Solicitations which exceed $1

million must include the FAR provision

at 48 CFR 52.222–24, Preaward On-site

Equal Opportunity Compliance Review.

(i) When cost or pricing data is

required for work or service exceeding

$500,000 the FAR clauses at 48 CFR

52.215–22, Price Reduction for

Defective Cost or Pricing Data, and

52.215–24, Subcontractor Cost or

Pricing Data, must be included in

solicitations and contracts.

(j) When the contracting officer

determines that it is desirable to

authorize the submission of facsimile

proposals the solicitation must include

the FAR provision at 48 CFR 52.215–18,

Facsimile Proposals.

570.702 Solicitation provisions.

When a solicitation for offers is issued

the contracting officer should include

provisions substantially the same as the

following unless the contracting officer

makes a determination that use of one

or more of the provisions is not

appropriate:

(a) 552.270–1 Preparation of Offers.

(b) 552.270–2 Explanation to

Prospective Offerors.

(c) 552.270–3 Late Submissions,

Modifications, and Withdrawals of

Offers. Alternate I should be used when

the contracting officer decides that it is

advantageous to the Government to

allow offers to be submitted up to the

exact time specified for receipt of best

and final offers.

(d) 552.270–4 Historic Preference.

(e) 552.270–5 Lease Award.

(f) 552.270–6 Parties to Execute

Lease.

570.703 Contract clauses.

(a) The contracting officer shall insert

the following clauses or clauses

substantially the same as the following

clauses in solicitations and contracts for

leasehold interests in real property

which exceed the simplified lease

acquisition threshold unless the

contracting officer makes a

determination that use of one or more of

the clauses is not appropriate. Use of the

clauses is optional for those actions

which fall at or below the simplified

lease acquisition threshold.

(1) 552.270–10 Definitions (Included

if 552.270–28 is used).

(2) 552.270–11 Subletting and

assignment.

(3) 552.270–12 Maintenance of

Building and Premises—Right of Entry.

(4) 552.270–13 Fire and Casualty

Damage.

(5) 552.270–15 Compliance with

Applicable Law.

(6) 552.270–16 Inspection—Right of

Entry.

(7) 552.270–17 Failure in

Performance.

(8) 552.270–18 Successors Bound.

(9) 552.270–19 Alterations.

(10) 552.270–20 Proposals for

Adjustment.

(11) 552.270–21 Changes.

(12) 552.270–25 Adjustment for

Vacant Premises.

(13) 552.270–27 Delivery and

Condition.

(14) 552.270–28 Default in

Delivery—Time Extensions.

(17) 552.270–32 Effect of

Acceptance and Occupancy.

(18) 552.270–33 Default by Lessor

During the Term.

(19) 552.270–34 Subordination,

Nondisturbance and Attornment.

(20) 552.270–35 Statement of Lease.

(21) 552.270–36 Substitution of

Tenant Agency.

(22) 552.270–37 No Waiver.

(23) 552.270–38 Integrated

Agreement.

(24) 552.270–39 Mutuality of

Obligation.

(25) 552.270–40 Asbestos and

Hazardous Waste Management.

(26) 552.270–41 Acceptance of

space.

(b) The contracting officer shall insert

the clause at 552.270–22, Liquidated

Damages, in solicitations and contracts

for leasehold interests in real property
19716 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

when there is a critical requirement that

the delivery date be met and an actual

cost cannot be established for the loss to

the Government resulting from late

delivery.

570.704 Use of provisions and clauses.

The omission of any provision or

clause when its prescription requires its

use constitutes a deviation which must

be approved under part 501, subpart

501.4. Approval may be granted to

deviate from provisions or clauses that

are mandated by statute (e.g., (GSAR) 48

CFR 552.203–5, Covenant Against

Contingent Fees, (FAR) 48 CFR 52.215–

1, Examination of Records by the

Comptroller General, etc.) in order to

modify the language of the provision or

clause. However, the statutory

provisions and clauses may not be

omitted from the SPO unless the statute

provides for waiving the requirements

of the provision or clause.

53. Section 570.801 is revised to read

as follows:

570.801 Standard forms.

Standard Form 2, U.S. Government

Lease for Real Property, should be used

to award leases unless GSA Form 3626

is used. The reference to the Standard

Form 2–A in paragraph 7 must be

deleted.

54. Section 570.802 is revised to read

as follows:

570.802 GSA forms.

(a) The GSA Form 3626, U.S.

Government Lease for Real Property

(Short Form), may be used to award

leases when the simplified leasing

procedures in 570.2 are used or when

the Contracting Officer finds its use to

be advantageous.

(b) GSA Form 276, Supplemental

Lease Agreement, should be used to

amend existing leases that involve the

acquisition of additional space or partial

release of space, revisions in the terms

of a lease, restoration settlements, and

alterations.

(c) GSA Form 1364, Proposal To Lease

Space To The United States of America,

may be used to obtain offers from

prospective offerors.

Dated: March 27, 1995.

Ida M. Ustad,

Associate Administrator for Acquisition

Policy.

[FR Doc. 95–9650 Filed 4–19–95; 8:45am]

BILLING CODE 6820–61–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

Denial of Petition for Rulemaking;

Federal Motor Vehicle Safety

Standards

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Denial of petition for

rulemaking.

SUMMARY: This document denies Mr.

John Chevedden’s petition for

rulemaking to specify the license plate

mounting location of certain cars and

light trucks. NHTSA’s analysis of

accident data indicates that requiring

cars and light trucks with off-center

front license plates to have those plates

on the driver’s side would not have

more than a negligible effect on the

occurrence of accidents or fatalities.

FOR FURTHER INFORMATION CONTACT: Mr.

Richard Van Iderstine, Office of

Rulemaking, NHTSA, 400 Seventh

Street, SW, Washington, DC 20590. Mr.

Van Iderstine’s telephone number is:

(202) 366–5275.

SUPPLEMENTARY INFORMATION: By letter

dated October 12, 1994, Mr. John

Chevedden petitioned the agency to

issue a rule applicable to new cars and

light trucks with off-center front license

plates. Mr. Chevedden asked NHTSA to

mandate that those license plates be

positioned on the driver’s side. Mr.

Chevedden stated that the rulemaking

was needed because the chances of a

vehicle’s becoming involved in an

accident at night or other times of

reduced ambient light increase when

the vehicle’s headlights are off due to

the driver’s forgetfulness or to

mechanical problems. Mr. Chevedden

argued that the chances of such a

vehicle’s becoming involved in an

accident would be reduced if the

vehicle’s off-center front license plate

were mounted on the driver’s side. In

that location, today’s license plates,

which typically are reflectorized, would

reflect the light from the headlights of

oncoming traffic. This would indicate

how close the vehicle is to opposing

traffic. Mr. Chevedden argued that

license plates mounted on the driver’s

side could also make parked vehicles

more visible and lessen the possibility

of collisions. Mr. Chevedden did not

provide any analysis of the potential

benefits of his requested rule.

For the following reasons, NHTSA

believes that the safety benefits of

specifying license plate location would

be negligible. In attempting to quantify

potential benefits of specifying license

plate location, NHTSA reviewed the

laws of States that mandate both front

license plates and reflective license

plates and reviewed the numbers and

circumstances of fatal accidents that

occurred in all states in 1992. The

chance of achieving any benefits

through mandating the location of front

plates would depend on the

simultaneous occurrence of a large

number of events, several of which have

a low probability of occurring even

independently, much less in

combination. Those events, and their

probability of occurring individually in

any accident, are set forth below, based

on 1992 data:

Fatal accidents in which a vehicle is

likely to have a reflective front

plate—

.47 or 47 percent

Fatal accidents during non-daylight

conditions—

.54 or 54 percent

Fatal accidents involving a head-on or

side-swipe collision—

Head-on=.017 or 1.7 percent

Side-swipe=.05 or 5 percent

For a total of .067 or 6.7 percent

Vehicles having a passenger’s side

offset front license plate assumed to be

in fatal accidents—

.01 or 1 percent

Motor vehicles with no front lamps

turned on or having complete front

lamp failure assumed to be in fatal

accidents—

.01 or 1 percent

Fatal accidents involving parked

vehicles—

.066 or 6.6 percent

To assess the impact of mandating

that offset front license plates be located

on the driver’s side, the agency

determined the probability of all of the

above events occurring in the same

accident by multiplying the probability

of each of the first three events

occurring individually in a fatal

accident by the product of the

probabilities that a fatally involved

vehicle has a front passenger’s side

license plate and that a fatally involved

vehicle will have no lights on while

being driven. The agency believes that

the assumption that 1 percent of

vehicles are operated without lights in

the dark is very optimistic to the

computation of potential benefits.

NHTSA presumes that American

drivers tend toward the right lane of the

roadway while driving, regardless of the

presence or absence of lane markings.

Therefore, accidents with parked

vehicles generally concern vehicles