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, 12272-12274 [E9-6427]
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12272
Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations
parties have implemented all
appropriate response actions as
specified in the Unilateral
Administrative Orders and Action
Memorandums and no further response
action by responsible parties is
appropriate other than continued
maintenance of institutional controls.
EPA and MDEQ have also determined
through the Five-Year Review that all
response actions have been completed
such that any release from the block
placement area where waste has been
left in place poses no significant threat
to public health or the environment and,
therefore, taking of remedial measures is
not appropriate.
The State, through MDEQ, has
concurred on the proposed deletion and
provided such concurrence in writing.
EPA also provided the State 30 working
days for review of the partial deletion
notice prior to its publication in the
Federal Register.
Dated: March 10, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
■
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR.
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
Appendix B—[Amended]
2. Table 1 of Appendix B to Part 300
is amended by revising the entry under
Montana for ‘‘Mouat Industries
Superfund Site’’ to read as follows:
■
Appendix B to Part 300—National
Priorities List
The EPA, with concurrence of the
State through the MDEQ, has
determined that all appropriate
response actions under CERCLA, other
than operation and maintenance and
five-year reviews, have been completed.
Therefore, EPA is deleting the surface
and subsurface soils component of the
Mouat Industries Superfund Site from
the NPL.
Because EPA considers this action to
be non-controversial and routine, EPA is
taking it without prior publication. This
action will be effective May 26, 2009,
unless EPA receives adverse comments
by April 23, 2009. If adverse comments
are received within the 30-day public
comment period, EPA will publish a
timely withdrawal of this direct final
notice of partial deletion before the
effective date of the deletion and it will
not take effect and, EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the notice of intent to partially delete
and the comments already received.
There will be no additional opportunity
to comment.
mstockstill on PROD1PC66 with RULES
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
Waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
VerDate Nov<24>2008
01:02 Mar 24, 2009
Jkt 217001
A. Background
TABLE 1—GENERAL SUPERFUND
SECTION
V. Partial Deletion Action
State
*
MT
Site name
City/county
*
*
*
Mouat Indus- Columbus ....
tries.
*
*
*
*
Notes a
*
*** P
*
a*
* *.
***P = sites with deletion(s).
[FR Doc. E9–6142 Filed 3–23–09; 8:45 am]
BILLING CODE 6560–50–P
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
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
AGENCY:
SUMMARY: GSA is amending the Federal
Management Regulation (FMR) to
delegate to Executive agencies the
authority to perform ancillary repair and
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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
stanley.langfeld@gsa.gov, 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:
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
E:\FR\FM\24MRR1.SGM
24MRR1
Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations
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.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–72 as set forth below:
■
§ 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?
PART 102–72—DELEGATION OF
AUTHORITY
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.
2. Add sections 102–72.66 through
102–72.69 to read as follows:
■
§ 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
§ 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 §§ 102–72.67
through 102–72.69.
mstockstill on PROD1PC66 with RULES
§ 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,
VerDate Nov<24>2008
01:02 Mar 24, 2009
Jkt 217001
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.
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
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12273
Executive agency must obtain written
approval from the building manager
prior to placing an order for any
ancillary repair and alteration work.
§ 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.
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24MRR1
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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations
(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
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MM Docket No. 95–31; FCC 08–219]
Reexamination of the Comparative
Standards for Noncommercial
Educational Applicants
mstockstill on PROD1PC66 with RULES
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: In this document, the
Commission addresses eight petitions
for reconsideration of the Second Report
& Order, in the closed ‘‘mixed groups’’
proceeding. The ‘‘mixed groups’’
proceeding sought to establish rules for
resolving the situation when an
application for an NCE broadcast station
is mutually exclusive with an
application for a commercial broadcast
station. The Second Report & Order
decided to accept applications for NCE
stations on non-reserved channels in
‘‘closed, mixed groups,’’ but to dismiss
those applications if they are mutually
exclusive with applications for
commercial stations. This document
now affords a discrete group of pending
applicants for NCE stations on nonreserved channels in closed, mixed
groups that have been pending since the
date of the Second Report & Order, a
one-time opportunity to amend their
applications to apply for a commercial
broadcast station in order to avoid
dismissal of their applications. This
document reaffirms the other decisions
in the Second Report & Order.
DATES: Effective April 23, 2009.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Room TW–A325, Washington, DC
20554. For additional information, see
the SUPPLEMENTARY INFORMATION section
of this document.
VerDate Nov<24>2008
01:02 Mar 24, 2009
Jkt 217001
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Evan Baranoff, of
the Media Bureau, Policy Division at
Evan.Baranoff@fcc.gov, 418–7142.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
Memorandum Opinion and Third Order
on Reconsideration, MM Docket No. 95–
31, FCC 08–219, adopted on September
24, 2008 and released on December 2,
2008. The full text of this document is
available on the Internet at the
Commission’s Web site: https://
hraunfoss.fcc.gov/edocs_public/
attachmatch/FCC-08-219A1.doc . It is
also available for inspection and
copying during regular business hours
in the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The complete text may be purchased
from the Commission’s copy and
duplicating contractor, Best Copy &
Printing, Inc. (BCPI), 445 12th Street,
SW., Room CY–B402, Washington, DC
20554. BCPI can be contacted at 202–
488–5300 (phone), 202–488–5563
(facsimile), or https://
www.BCPIWEB.com. Please be prepared
to provide the appropriate FCC
document number (FCC 08–219). To
request this document in accessible
formats (computer diskettes, large print,
audio recording, and Braille), send an email to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
Summary of the Memorandum Opinion
& Third Order on Reconsideration
I. Introduction
1. In this Memorandum Opinion &
Third Order on Reconsideration, we
resolve eight petitions for
reconsideration of the Second Report &
Order, 68 FR 26220, May 15, 2003. The
Second Report & Order, among other
things, established ‘‘new policies for
licensing spectrum that the Commission
has not reserved for the exclusive use of
broadcast stations that provide or intend
to provide noncommercial educational
(NCE) service.’’ These new policies
included the decision to permit
applicants for NCE stations to apply for
non-reserved channels, but to dismiss
such applications should they conflict
with applications for commercial
stations. One petitioner seeks
reconsideration of this decision, which
was codified in § 73.5002(b) of the
Commission’s rules. For the reasons
discussed below, we decline to
reconsider establishment of this rule
and affirm our decision to dismiss
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Fmt 4700
Sfmt 4700
applicants for NCE stations for nonreserved channels that conflict with
applications for commercial stations.
Several other petitioners seek
reconsideration of our decision not to
accept any amendments to a discrete
group of long-pending NCE
applications, including amendments to
change an applicant’s status from NCE
to commercial, and request that we not
dismiss this specific group of
applicants. For the reasons discussed
below, we will reconsider the
immediate dismissal of this discrete
group of applicants for NCE stations,
and will afford them a one-time
opportunity to amend their longpending applications to apply for
commercial stations to avoid dismissal.
Accordingly, we grant reconsideration
of our decision not to accept any
amendments to the discrete group of
long-pending applications for NCE
stations, but otherwise deny the
petitions and reaffirm our earlier
conclusions.
II. Background
2. The Second Report & Order
established standards to resolve the
situation when an application for an
NCE broadcast station is mutually
exclusive with an application for a
commercial broadcast station (i.e. ,
‘‘mixed groups’’). NCE stations can
operate both on (1) channels reserved by
the Commission specifically for NCE
service and (2) non-reserved channels,
which are also available to applicants
for commercial stations. The
Commission has long used different
standards to resolve application
conflicts for reserved channels, on the
one hand, and non-reserved channels,
on the other.
3. The Commission initiated this
proceeding in 1995 to revise the criteria
it used to select among competing
applicants for new NCE stations.
Subsequently, the Balanced Budget Act
of 1997, Public Law 105–33, 111 Stat.
251 (1997) amended section 309(j) of the
Communications Act of 1934 (the Act),
to require the Commission to use
competitive bidding to resolve
application conflicts, but exempted NCE
stations from this process, see 47 U.S.C.
309(j) (exempting stations described in
Section 397(6) of the Act). As a result,
the Commission in the Report & Order,
65 FR 36375, June 8, 2000, decided to
use a non-auction, point system to
resolve application conflicts for
reserved channels, and use competitive
bidding to resolve conflicts for nonreserved channels. In National Public
Radio, Inc. v. FCC, 254 F.3d 226, 229
(D.C. Cir. 2001), parties challenged the
procedures for non-reserved channels,
E:\FR\FM\24MRR1.SGM
24MRR1
]]>Agencies
[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12272-12274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6427]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
stanley.langfeld@gsa.gov, 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
