Federal Property Management Regulations/Federal Management Regulation; Supply and Procurement, 9679-9682 [2015-03484]
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules
of the rule that are not the subject of an
adverse comment.
For additional information, see the
direct final rule which is located in the
Rules section of this Federal Register.
Dated: February 6, 2015.
Wren Stenger,
Director, Multimedia Planning and Permitting
Division, Region 6.
[FR Doc. 2015–03801 Filed 2–23–15; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 101–25 and 102–32
[FPMR Case 2014–101–1; FMR Case 2014–
102–2; Docket No. 2014–0016; Sequence
No. 1]
RIN 3090–AJ50
Federal Property Management
Regulations/Federal Management
Regulation; Supply and Procurement
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
GSA is proposing to amend
the Federal Property Management
Regulations (FPMR) and the Federal
Management Regulation (FMR) by
migrating regulations regarding the
supply and procurement of Government
personal property management from the
FPMR to the FMR. The FPMR will
contain a cross-reference to direct
readers to the coverage in the FMR. This
proposed rule also eliminates material
that is not regulatory in nature, is overly
prescriptive, outdated, addressed in
other policy, or no longer appropriate
SUMMARY:
for today’s Government business
environment. This case is included in
GSA’s retrospective review of existing
regulations under Executive Order
13563. Additional information is
available at www.gsa.gov/
improvingregulations.
Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addresses
shown below on or before April 27,
2015 to be considered in the formation
of a final rule.
ADDRESSES: Submit comments in
response to FPMR Case 2014–101–1/
FMR Case 2014–102–2 by any of the
following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking Portal by
searching for ‘‘FPMR Case 2014–101–
1/FMR Case 2014–102–2,’’ and selecting
the link that corresponds with ‘‘FPMR
Case 2014–101–1/FMR Case 2014–102–
2.’’ Follow the instructions provided at
the ‘‘Comment Now’’ screen. Please
include your name, company name (if
any), and ‘‘FPMR Case 2014–101–1/
FMR Case 2014–102–2’’ on your
attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Hada Flowers,
1800 F Street NW., 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FPMR Case 2014–101–
1/FMR Case 2014–102–2, on all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
DATES:
Title 41: Public contracts and property management part 101–25—
general
§ 101–25.000
§ 101–25.001
§ 101–25.100
services.
§ 101–25.101
SUPPLEMENTARY INFORMATION:
A. Background
GSA is proposing to amend the FPMR
by revising regulations regarding
Government personal property
management policies in FPMR 101–25
(41 CFR part 101–25), and by moving
these policies to part 102–32 of the FMR
(41 CFR part 102–32). GSA anticipates
migrating the remaining parts of FPMR,
Subchapter E, to succeeding subparts of
FMR part 102–32. This revision is part
of GSA’s effort to improve its external
directives system by reducing the
number of regulations and rewriting
them in plain language. This proposed
rule removes material that is not
regulatory in nature (such as internal
GSA operating procedures), is overly
prescriptive, outdated, addressed in
other policy, or no longer appropriate
for today’s Government business
environment.
B. Substantive Changes
The following table provides a
crosswalk from FPMR part 101–25 (left
column) to FMR part 102–32 (right
column). This table identifies where the
policy provisions of FPMR part 101–25
will be migrated to in the FMR, and
explains significant changes or
deletions.
FMR part 102–32—supply and procurement
Revised and added to section 102–32.5.
Deleted as not necessary.
Revised in sections 102–32.20 and 102–32.25.
Criteria for determining method of supply .........................
Revised in section 102–32.35. Definition of ‘‘use point’’ removed and
replaced with general terminology.
Deleted because this topic is addressed in FMR part 102–39.
§ 101–25.104 Acquisition of office furniture and office machines ............
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For
clarification of content, contact Mr.
Robert Holcombe, Office of
Government-wide Policy, Office of
Asset and Transportation Management
(MA), at 202–501–3828. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat (MVCB) at 202–501–4755.
Please cite FPMR Case 2014–101–1/
FMR Case 2014–102–2.
FOR FURTHER INFORMATION CONTACT:
Scope of subchapter ..........................................................
Scope of part .....................................................................
Use of Government personal property and nonpersonal
§ 101–25.102 Exchange or sale of personal property for replacement
purposes.
§ 101–25.103 Promotional materials, trading stamps, or bonus goods ...
§ 101–25.105 [Reserved] ..........................................................................
§ 101–25.106 Servicing of office machines ..............................................
§ 101–25.107 Guidelines for requisitioning and proper use of
consumable or low cost items.
§ 101–25.108 Multiyear subscriptions for publications .............................
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Deleted. Items addressed in this Subpart are treated the same as other
personal property and disposed of accordingly.
Deleted as being too prescriptive; refer to the Federal Acquisition Regulation (FAR) for general policies on acquisition. The prohibition
against acquiring unnecessary items is retained in section 102–
32.30.
Deleted.
Deleted as being too prescriptive.
Policy summarized in section 102–32.45.
Deleted, refer to the FAR for requirements determination and structuring a procurement.
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules
Title 41: Public contracts and property management part 101–25—
general
FMR part 102–32—supply and procurement
§ 101–25.109 Laboratory and research equipment .................................
Policy summarized in section 102–32.40 and generalized to include all
types of facilities and activities, not just laboratories and research facilities.
Deleted. Federal motor vehicle policy is found in FMR part 102–34.
Deleted because this section simply explains that environmental policies and practices are part of GSA’s policies.
Deleted because conservation and efficiency is contained in other Federal law and policy addressing the procurement, management, and
disposal of personal property and nonpersonal services. For example, see the Energy Policy Act (EPACT) laws and related Executive
Orders (E.O.) (e.g., E.O. 13423 and E.O. 13514).
Deleted.
Necessary policy summarized in section 102–32.50.
Deleted. This policy is provided in FAR Subpart 17.5; Interagency Acquisitions.
Necessary policy summarized in section 102–32.55; overly-prescriptive
policy is deleted.
Necessary policy summarized in section 102–32.55; overly-prescriptive
policy is deleted.
Deleted as unnecessary.
Deleted ‘‘reserved’’ sections.
§ 101–25.110 Tire identification/registration program ..............................
§ 101–25.111 Environmental impact policy ..............................................
§ 101–25.112 Energy conservation policy ................................................
§ 101–25.113 [Reserved] ..........................................................................
§ 101–25.114 Supply management surveys and assistance ...................
Subpart 101–25.2 Interagency Purchase Assignments ...........................
Subpart 101–25.3 Use Standards ............................................................
Subpart 101–25.4 Replacement Standards .............................................
Subpart 101–25.5 Purchase or Lease Determinations ............................
Subparts 101–25.6 through 101–25.49 [Reserved] .................................
C. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 of
September 30, 1993 (‘‘Regulatory
Planning and Review’’), and 13563 of
January 18, 2011 (‘‘Improving
Regulation and Regulatory Review’’),
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
including potential economic,
environmental, public health and safety
effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule is not a significant
regulatory action, and therefore, is not
subject to review under Section 6(b) of
E.O. 12866. This proposed rule is not a
major rule under 5 U.S.C. 804.
D. Regulatory Flexibility Act
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This proposed rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. This
proposed rule is also exempt from the
Administrative Procedure Act per 5
U.S.C. 553(a)(2) because it applies to
agency management or personnel or to
public property.
The Paperwork Reduction Act does
not apply because this proposed rule
does not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public which require the approval of the
16:04 Feb 23, 2015
Jkt 235001
CHAPTER 102—FEDERAL MANAGEMENT
REGULATION
F. Small Business Regulatory
Enforcement Fairness Act
SUBCHAPTER B—PERSONAL PROPERTY
List of Subjects in Parts 101–25 and
102–32
Public contracts, Management of
property.
Dated: February 6, 2015.
Christine J. Harada,
Associate Administrator, Office of
Government-wide Policy.
For the reasons set forth in the
preamble, GSA proposes to amend 41
CFR chapters 101 and 102 as follows:
CHAPTER 101—FEDERAL PROPERTY
MANAGEMENT REGULATIONS
PART 101–25—GENERAL
1. Revise the authority citation for part
101–25 to read as follows:
■
Authority: 40 U.S.C. 121(c) and 40 U.S.C.
506(a).
2. Revise § 101–25 to read as follows:
§ 101–25 Cross-reference to the Federal
Management Regulation (FMR) (41 CFR
parts 102–1 through 102–220).
For information on the supply and
procurement of personal property
previously contained in this part, see
FMR part 102–32 (41 CFR part 102–32).
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3. Add part 102–32 to subchapter B of
chapter 102 to read as follows:
■
This proposed rule is exempt from
Congressional review under 5 U.S.C.
801 since it relates solely to agency
management or personnel and does not
substantially affect the rights or
obligations of non-agency parties.
■
E. Paperwork Reduction Act
VerDate Sep<11>2014
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
PART 102–32—SUPPLY AND
PROCUREMENT
Sec.
102–32.5 What is the purpose of this part?
102–32.10 How does this part use ‘‘I,’’
‘‘me,’’ and ‘‘you’’?
102–32.15 How does this part apply to my
agency?
102–32.20 What definitions apply to this
part?
102–32.25 How may I use Government
personal property and services?
102–32.30 How must I acquire personal
property?
102–32.35 How do I determine the best
method of supply?
102–32.40 What processes are available to
effectively manage agency personal
property assets?
102–32.45 How do I manage low-value
Federal personal property?
102–32.50 What are supply management
surveys?
102–32.55 What are Use and Replacement
Standards?
Authority: 40 U.S.C. 121(c) and 40 U.S.C.
506(a).
§ 102–32.5
part?
What is the purpose of this
This part provides policy for the
effective and efficient supply and
procurement of personal property items
necessary to support the programs of the
Federal Government, as well as the use
of Federal personal property assets to
preserve agency funds and contribute to
the accomplishment of agency missions.
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules
§ 102–32.10 How does this part use ‘‘I,’’
‘‘me,’’ and ‘‘you’’?
This part uses ‘‘I,’’ ‘‘me,’’ and ‘‘you’’
to refer to executive agency personnel.
When referring to the organization, the
term ‘‘agency’’ is used.
§ 102–32.15 How does this part apply to
my agency?
All executive agencies and personnel,
including the Department of Defense,
must follow the policies in this part
unless specifically exempted by
separate statute or regulation.
§ 102–32.20
part?
What definitions apply to this
The following definitions apply to
this part:
Equipment Pool means the collection,
at a central point, of equipment under
control for short term issue to
individuals or organizations.
Method of supply means the process
for an agency to obtain those items of
personal property needed to fulfill the
agency’s mission.
Nonpersonal services, as defined at 40
U.S.C. 472 means such contractual
services, other than personal and
professional services, under which the
personnel rendering the services are not
subject, either by the contract’s terms or
by the manner of its administration, to
the supervision and control usually
prevailing in relationships between the
Government and its employees.
Voluntary Consensus Standards
means standards developed or adopted
by bodies (which are domestic or
international organizations which plan,
develop, establish, or coordinate
standards using agreed-upon
procedures), and which include
provisions requiring that owners of
relevant intellectual property agree to
make intellectual property available on
a non-discriminatory, royalty-free or
reasonable royalty basis to all interested
parties (see OMB Circular A–119 at
https://www.whitehouse.gov/omb/
circulars_a119/).
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§ 102–32.25 How may I use Government
personal property and services?
Except in emergencies, Government
personal property and nonpersonal
services shall be used only for those
purposes for which they were obtained
or for other officially designated agency
purposes. Emergency conditions are
those threatening loss of life and
property. This includes property and
services on interagency loan as well as
property leased by agencies.
§ 102–32.30
property?
How must I acquire personal
Personal property (as defined in FMR
102–36.40), must be acquired only to
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fulfill an official purpose, and be
acquired so as to minimize the cost and
maximize the utility to the Federal
Government, reasonably considering
alternative items and acquisition
methods in accordance with the Federal
Acquisition Regulation (FAR), 48 CFR
1.000, et seq., or other applicable law.
Each executive agency shall determine
whether using currently owned items
can meet the requirements of the agency
prior to the acquisition of new items.
Each executive agency shall also, to the
extent practicable, use excess personal
property from other agencies before
acquiring new items.
§ 102–32.35 How do I determine the best
method of supply?
When acquiring supplies, you must
determine and utilize the method of
supply that is most advantageous to the
Federal Government. You must consider
the costs and benefits of the various
supply methods and all orders must be
within the planned requirements for
use. General supply methods include,
but are not limited to supply through:
(a) Storage and issue—where an item
can be most advantageously supplied
through storage and issued accordingly;
(b) Consolidated purchase for direct
delivery to storage or redistribution
locations—where an item can be most
advantageously supplied through
consolidated purchase for direct
delivery;
(c) Indefinite quantity requirement
contracts—where an item can be most
advantageously supplied through
indefinite quantity requirement
contracts covering specific periods and
providing for delivery (see FAR Subpart
16.5)); and
(d) Local purchase—where the local
purchase is within applicable limitation
established by the agency head and will
produce the greatest economy to the
Government.
§ 102–32.40 What processes are available
to effectively manage agency personal
property assets?
You should establish any necessary
policies, procedures, and controls to
effectively manage your agency’s
personal property, so that you can
determine whether your agency’s
requirements can be met by using
existing personal property, instead of
procuring similar equipment. Agencies
should consider:
(a) Identifying idle and unnecessary
assets. You should conduct inspection
tours of agency facilities on a scheduled
basis, annually, if feasible, but no less
than every 3 years, for the purpose of
identifying idle and unnecessary assets;
and
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9681
(b) Establishing equipment pools. You
should establish equipment pools to
minimize the investment in commonlyused assets typically used by many
employees within a geographic area.
§ 102–32.45 How do I manage low-value
Federal personal property?
Your agency must determine the
threshold for which property is
considered accountable. Low-value
personal property is any asset valued at
less than this accountability threshold.
Low-value personal property is
‘‘expendable’’ and may be handled by:
(a) Restricting approval of requisitions
for replenishment of storeroom stocks to
officials at a responsible supervisory
level to ensure that supply requirements
are justified based on need and quantity;
(b) Establishing adequate safeguards
and controls to ensure that expendable
supplies are used for official use only;
and
(c) Giving special attention and care
to those consumable or low cost items
when issues are excessive compared to
normal program needs.
§ 102–32.50
surveys?
What are supply management
Under the provisions of 40 U.S.C. 506,
GSA may perform surveys of
Government property and property
management practices of executive
agencies. These surveys will be
conducted in connection with regular
studies of agency supply management
practices or when providing assistance
in the development of agency property
accounting systems. As appropriate,
GSA will provide written reports of
findings and recommendations to
agency heads.
§ 102–32.55 What are Use and
Replacement Standards?
Use and Replacement Standards are
procedures designed to maximize the
effectiveness of asset inventories and to
reduce costs. Agencies are encouraged
to implement agency-specific
procedures for personal property assets
when appropriate.
(a) Use Standards limit the amount
and type of property held by the
organization to the minimum
requirements necessary for the efficient
functioning of the organization. An
example of a Government-wide Use
Standard methodology is described in
FMR Bulletin B–30, relating to the
management of motor vehicle assets.
(Bulletins may be found at
www.gsa.gov/bulletins). Considering the
methodology in this Bulletin for the
management of other assets will guide
the agency to a more cost-effective
operation.
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules
(b) Replacement Standards guide
agencies to consider an effective
replacement strategy for Government
personal property items. For example,
an agency may designate a type of item
to be replaced every three years, based
upon the expected trends of reliability,
maintenance costs, and usefulness as
the item ages. However, actual
replacement decisions should also
consider the condition of the item.
(c) Agencies should consider
voluntary consensus standards, industry
standards, and Federal best-practices in
developing Use and Replacement
Standards. Factors to consider when
choosing standards to use are outlined
in OMB Circular A–119, ‘‘Federal
Participation in the Development and
Use of Voluntary Consensus Standards
and in Conformity Assessment
Activities.’’ Voluntary consensus
standards must be used in lieu of
Government-unique standards unless
such use would be inconsistent with
applicable law or regulation, or be
otherwise impractical.
[FR Doc. 2015–03484 Filed 2–23–15; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 226
[Docket No. 140407321–5096–02]
RIN 0648–XD233
Listing Endangered or Threatened
Species; 12-Month Finding on a
Petition To Revise the Critical Habitat
Designation for the Southern Resident
Killer Whale Distinct Population
Segment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of 12-month finding.
AGENCY:
We, the National Marine
Fisheries Service (NMFS), announce a
12-month finding on a petition from the
Center for Biological Diversity to revise
the critical habitat designation for the
Southern Resident killer whale (Orcinus
orca) Distinct Population Segment (DPS)
under the Endangered Species Act
(ESA). In November 2006 we issued a
final rule designating approximately
2,560 square miles (6,630 square km) of
inland waters of Washington State as
critical habitat for the Southern
Resident killer whale DPS. The January
2014 petition requests we revise this
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SUMMARY:
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critical habitat to include Pacific Ocean
marine waters along the West Coast of
the United States that constitute
essential foraging and wintering areas
for Southern Resident killer whales.
Additionally, the petition requests that
we adopt as a primary constituent
element (PCE), for both currently
designated critical habitat and the
proposed revised critical habitat,
protective in-water sound levels. The
ESA defines a process for responding to
petitions to revise critical habitat. We
have reviewed the public comments and
best available information on Southern
Resident killer whale habitat use and as
the next step in the response to the
petition process defined in the ESA, this
12-month determination describes how
we intend to proceed with the requested
revision.
DATES: The finding announced in this
document was made on February 24,
2015.
ADDRESSES: Copies of the petition, 90day finding, and the list of references
are available online at: https://
www.westcoast.fisheries.noaa.gov/
protected_species/marine_mammals/
killer_whale/esa_status.html
Requests for copies of this
determination should be addressed to:
NMFS, West Coast Region, Protected
Resources Division, 7600 Sand Point
Way NE., Seattle, WA 98115.
Attention—Lynne Barre, Seattle Branch
Chief.
FOR FURTHER INFORMATION CONTACT:
Lynne Barre, NMFS West Coast Region,
(206) 526–4745; or Dwayne Meadows,
NMFS Office of Protected Resources,
(301) 427–8403.
SUPPLEMENTARY INFORMATION:
Background
On January 21, 2014, we received a
petition from the Center for Biological
Diversity requesting revisions to the
critical habitat designation for the
Southern Resident killer whale DPS.
That requested revision sets in motion
a process for agency response defined in
the ESA and explained below.
The ESA defines critical habitat under
section 3(5)(A) as: ‘‘(i) the specific areas
within the geographical area currently
occupied by the species, at the time it
is listed . . . on which are found those
physical or biological features (I)
essential to the conservation of the
species and (II) which may require
special management considerations or
protection; and (ii) specific areas
outside the geographical area occupied
by the species at the time it is listed
upon a determination by the Secretary
that such areas are essential for the
conservation of the species.’’
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Joint NMFS-Fish and Wildlife Service
(FWS) regulations for designating
critical habitat at 50 CFR 424.12(b) state
that the agencies ‘‘shall consider those
physical and biological features that are
essential to the conservation of a given
species and that may require special
management considerations or
protection (hereafter also referred to as
‘Essential Features’ or ‘Primary
Constituent Elements’/PCEs’).’’ Pursuant
to these regulations, such features
include, but are not limited to space for
individual and population growth, and
normal behavior; food, water, air, light,
minerals, or other nutritional or
physiological requirements; cover or
shelter; sites for breeding, reproduction,
rearing of offspring; and habitats that are
protected from disturbance or are
representative of the historic
geographical and ecological distribution
of a species. When considering the
designation of critical habitat, we focus
on the principal biological or physical
constituent elements, known as primary
constituent elements (PCEs). PCEs may
include, but are not limited to: nesting
grounds, feeding sites, water quality,
tide, and geological formation. Our
implementing regulations (50 CFR
424.02) define ‘‘special management
considerations or protection’’ as any
method or procedure useful in
protecting physical and biological
features of the environment for the
conservation of the species.
Section 4(b)(2) of the ESA requires us
to designate and make revisions to
critical habitat for listed species based
on the best scientific data available and
after taking into consideration the
economic impact, the impact on
national security, and any other relevant
impact, of specifying any particular area
as critical habitat. The Secretary of
Commerce may exclude any particular
area from critical habitat if he
determines that the benefits of such
exclusion outweigh the benefits of
specifying such area as part of the
critical habitat, unless she determines
that the failure to designate such area as
critical habitat will result in the
extinction of the species concerned.
NMFS and FWS have recently
published proposed rules to implement
changes to the regulations for
designating critical habitat. The
proposed amendments would make
minor edits to the scope and purpose,
add and remove some definitions (e.g.,
geographic area and essential features),
and clarify the criteria for designating
critical habitat (79 FR 27066; May 12,
2014). We will incorporate any relevant
final regulations and guidance into our
process for revising critical habitat.
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]]>Agencies
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Proposed Rules]
[Pages 9679-9682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03484]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-25 and 102-32
[FPMR Case 2014-101-1; FMR Case 2014-102-2; Docket No. 2014-0016;
Sequence No. 1]
RIN 3090-AJ50
Federal Property Management Regulations/Federal Management
Regulation; Supply and Procurement
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: GSA is proposing to amend the Federal Property Management
Regulations (FPMR) and the Federal Management Regulation (FMR) by
migrating regulations regarding the supply and procurement of
Government personal property management from the FPMR to the FMR. The
FPMR will contain a cross-reference to direct readers to the coverage
in the FMR. This proposed rule also eliminates material that is not
regulatory in nature, is overly prescriptive, outdated, addressed in
other policy, or no longer appropriate for today's Government business
environment. This case is included in GSA's retrospective review of
existing regulations under Executive Order 13563. Additional
information is available at www.gsa.gov/improvingregulations.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat at one of the addresses shown below on or before
April 27, 2015 to be considered in the formation of a final rule.
ADDRESSES: Submit comments in response to FPMR Case 2014-101-1/FMR Case
2014-102-2 by any of the following methods:
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal eRulemaking Portal by searching for ``FPMR
Case 2014-101- 1/FMR Case 2014-102-2,'' and selecting the link that
corresponds with ``FPMR Case 2014-101-1/FMR Case 2014-102-2.'' Follow
the instructions provided at the ``Comment Now'' screen. Please include
your name, company name (if any), and ``FPMR Case 2014-101-1/FMR Case
2014-102-2'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Hada Flowers, 1800 F Street NW., 2nd
Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite FPMR Case 2014-
101- 1/FMR Case 2014-102-2, on all correspondence related to this case.
All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Robert Holcombe, Office of Government-wide Policy, Office of Asset
and Transportation Management (MA), at 202-501-3828. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat (MVCB) at 202-501-4755. Please cite FPMR Case 2014-101-1/
FMR Case 2014-102-2.
SUPPLEMENTARY INFORMATION:
A. Background
GSA is proposing to amend the FPMR by revising regulations
regarding Government personal property management policies in FPMR 101-
25 (41 CFR part 101-25), and by moving these policies to part 102-32 of
the FMR (41 CFR part 102-32). GSA anticipates migrating the remaining
parts of FPMR, Subchapter E, to succeeding subparts of FMR part 102-32.
This revision is part of GSA's effort to improve its external
directives system by reducing the number of regulations and rewriting
them in plain language. This proposed rule removes material that is not
regulatory in nature (such as internal GSA operating procedures), is
overly prescriptive, outdated, addressed in other policy, or no longer
appropriate for today's Government business environment.
B. Substantive Changes
The following table provides a crosswalk from FPMR part 101-25
(left column) to FMR part 102-32 (right column). This table identifies
where the policy provisions of FPMR part 101-25 will be migrated to in
the FMR, and explains significant changes or deletions.
------------------------------------------------------------------------
Title 41: Public contracts and property FMR part 102-32--supply and
management part 101-25-- general procurement
------------------------------------------------------------------------
Sec. 101-25.000 Scope of subchapter.. Revised and added to section
102-32.5.
Sec. 101-25.001 Scope of part........ Deleted as not necessary.
Sec. 101-25.100 Use of Government Revised in sections 102-32.20
personal property and nonpersonal and 102-32.25.
services.
Sec. 101-25.101 Criteria for Revised in section 102-32.35.
determining method of supply. Definition of ``use point''
removed and replaced with
general terminology.
Sec. 101-25.102 Exchange or sale of Deleted because this topic is
personal property for replacement addressed in FMR part 102-39.
purposes.
Sec. 101-25.103 Promotional Deleted. Items addressed in
materials, trading stamps, or bonus this Subpart are treated the
goods. same as other personal
property and disposed of
accordingly.
Sec. 101-25.104 Acquisition of office Deleted as being too
furniture and office machines. prescriptive; refer to the
Federal Acquisition Regulation
(FAR) for general policies on
acquisition. The prohibition
against acquiring unnecessary
items is retained in section
102-32.30.
Sec. 101-25.105 [Reserved]........... Deleted.
Sec. 101-25.106 Servicing of office Deleted as being too
machines. prescriptive.
Sec. 101-25.107 Guidelines for Policy summarized in section
requisitioning and proper use of 102-32.45.
consumable or low cost items.
Sec. 101-25.108 Multiyear Deleted, refer to the FAR for
subscriptions for publications. requirements determination and
structuring a procurement.
[[Page 9680]]
Sec. 101-25.109 Laboratory and Policy summarized in section
research equipment. 102-32.40 and generalized to
include all types of
facilities and activities, not
just laboratories and research
facilities.
Sec. 101-25.110 Tire identification/ Deleted. Federal motor vehicle
registration program. policy is found in FMR part
102-34.
Sec. 101-25.111 Environmental impact Deleted because this section
policy. simply explains that
environmental policies and
practices are part of GSA's
policies.
Sec. 101-25.112 Energy conservation Deleted because conservation
policy. and efficiency is contained in
other Federal law and policy
addressing the procurement,
management, and disposal of
personal property and
nonpersonal services. For
example, see the Energy Policy
Act (EPACT) laws and related
Executive Orders (E.O.) (e.g.,
E.O. 13423 and E.O. 13514).
Sec. 101-25.113 [Reserved]........... Deleted.
Sec. 101-25.114 Supply management Necessary policy summarized in
surveys and assistance. section 102-32.50.
Subpart 101-25.2 Interagency Purchase Deleted. This policy is
Assignments. provided in FAR Subpart 17.5;
Interagency Acquisitions.
Subpart 101-25.3 Use Standards......... Necessary policy summarized in
section 102-32.55; overly-
prescriptive policy is
deleted.
Subpart 101-25.4 Replacement Standards. Necessary policy summarized in
section 102-32.55; overly-
prescriptive policy is
deleted.
Subpart 101-25.5 Purchase or Lease Deleted as unnecessary.
Determinations.
Subparts 101-25.6 through 101-25.49 Deleted ``reserved'' sections.
[Reserved].
------------------------------------------------------------------------
C. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 of September 30, 1993 (``Regulatory
Planning and Review''), and 13563 of January 18, 2011 (``Improving
Regulation and Regulatory Review''), direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits including potential economic, environmental, public health
and safety effects, distributive impacts, and equity. E.O. 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This proposed rule is not a significant regulatory action, and
therefore, is not subject to review under Section 6(b) of E.O. 12866.
This proposed rule is not a major rule under 5 U.S.C. 804.
D. Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This proposed rule is
also exempt from the Administrative Procedure Act per 5 U.S.C.
553(a)(2) because it applies to agency management or personnel or to
public property.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this proposed
rule does not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
F. Small Business Regulatory Enforcement Fairness Act
This proposed rule is exempt from Congressional review under 5
U.S.C. 801 since it relates solely to agency management or personnel
and does not substantially affect the rights or obligations of non-
agency parties.
List of Subjects in Parts 101-25 and 102-32
Public contracts, Management of property.
Dated: February 6, 2015.
Christine J. Harada,
Associate Administrator, Office of Government-wide Policy.
For the reasons set forth in the preamble, GSA proposes to amend 41
CFR chapters 101 and 102 as follows:
CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
PART 101-25--GENERAL
0
1. Revise the authority citation for part 101-25 to read as follows:
Authority: 40 U.S.C. 121(c) and 40 U.S.C. 506(a).
0
2. Revise Sec. 101-25 to read as follows:
Sec. 101-25 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR parts 102-1 through 102-220).
For information on the supply and procurement of personal property
previously contained in this part, see FMR part 102-32 (41 CFR part
102-32).
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
SUBCHAPTER B--PERSONAL PROPERTY
0
3. Add part 102-32 to subchapter B of chapter 102 to read as follows:
PART 102-32--SUPPLY AND PROCUREMENT
Sec.
102-32.5 What is the purpose of this part?
102-32.10 How does this part use ``I,'' ``me,'' and ``you''?
102-32.15 How does this part apply to my agency?
102-32.20 What definitions apply to this part?
102-32.25 How may I use Government personal property and services?
102-32.30 How must I acquire personal property?
102-32.35 How do I determine the best method of supply?
102-32.40 What processes are available to effectively manage agency
personal property assets?
102-32.45 How do I manage low-value Federal personal property?
102-32.50 What are supply management surveys?
102-32.55 What are Use and Replacement Standards?
Authority: 40 U.S.C. 121(c) and 40 U.S.C. 506(a).
Sec. 102-32.5 What is the purpose of this part?
This part provides policy for the effective and efficient supply
and procurement of personal property items necessary to support the
programs of the Federal Government, as well as the use of Federal
personal property assets to preserve agency funds and contribute to the
accomplishment of agency missions.
[[Page 9681]]
Sec. 102-32.10 How does this part use ``I,'' ``me,'' and ``you''?
This part uses ``I,'' ``me,'' and ``you'' to refer to executive
agency personnel. When referring to the organization, the term
``agency'' is used.
Sec. 102-32.15 How does this part apply to my agency?
All executive agencies and personnel, including the Department of
Defense, must follow the policies in this part unless specifically
exempted by separate statute or regulation.
Sec. 102-32.20 What definitions apply to this part?
The following definitions apply to this part:
Equipment Pool means the collection, at a central point, of
equipment under control for short term issue to individuals or
organizations.
Method of supply means the process for an agency to obtain those
items of personal property needed to fulfill the agency's mission.
Nonpersonal services, as defined at 40 U.S.C. 472 means such
contractual services, other than personal and professional services,
under which the personnel rendering the services are not subject,
either by the contract's terms or by the manner of its administration,
to the supervision and control usually prevailing in relationships
between the Government and its employees.
Voluntary Consensus Standards means standards developed or adopted
by bodies (which are domestic or international organizations which
plan, develop, establish, or coordinate standards using agreed-upon
procedures), and which include provisions requiring that owners of
relevant intellectual property agree to make intellectual property
available on a non-discriminatory, royalty-free or reasonable royalty
basis to all interested parties (see OMB Circular A-119 at https://www.whitehouse.gov/omb/circulars_a119/).
Sec. 102-32.25 How may I use Government personal property and
services?
Except in emergencies, Government personal property and nonpersonal
services shall be used only for those purposes for which they were
obtained or for other officially designated agency purposes. Emergency
conditions are those threatening loss of life and property. This
includes property and services on interagency loan as well as property
leased by agencies.
Sec. 102-32.30 How must I acquire personal property?
Personal property (as defined in FMR 102-36.40), must be acquired
only to fulfill an official purpose, and be acquired so as to minimize
the cost and maximize the utility to the Federal Government, reasonably
considering alternative items and acquisition methods in accordance
with the Federal Acquisition Regulation (FAR), 48 CFR 1.000, et seq.,
or other applicable law. Each executive agency shall determine whether
using currently owned items can meet the requirements of the agency
prior to the acquisition of new items. Each executive agency shall
also, to the extent practicable, use excess personal property from
other agencies before acquiring new items.
Sec. 102-32.35 How do I determine the best method of supply?
When acquiring supplies, you must determine and utilize the method
of supply that is most advantageous to the Federal Government. You must
consider the costs and benefits of the various supply methods and all
orders must be within the planned requirements for use. General supply
methods include, but are not limited to supply through:
(a) Storage and issue--where an item can be most advantageously
supplied through storage and issued accordingly;
(b) Consolidated purchase for direct delivery to storage or
redistribution locations--where an item can be most advantageously
supplied through consolidated purchase for direct delivery;
(c) Indefinite quantity requirement contracts--where an item can be
most advantageously supplied through indefinite quantity requirement
contracts covering specific periods and providing for delivery (see FAR
Subpart 16.5)); and
(d) Local purchase--where the local purchase is within applicable
limitation established by the agency head and will produce the greatest
economy to the Government.
Sec. 102-32.40 What processes are available to effectively manage
agency personal property assets?
You should establish any necessary policies, procedures, and
controls to effectively manage your agency's personal property, so that
you can determine whether your agency's requirements can be met by
using existing personal property, instead of procuring similar
equipment. Agencies should consider:
(a) Identifying idle and unnecessary assets. You should conduct
inspection tours of agency facilities on a scheduled basis, annually,
if feasible, but no less than every 3 years, for the purpose of
identifying idle and unnecessary assets; and
(b) Establishing equipment pools. You should establish equipment
pools to minimize the investment in commonly-used assets typically used
by many employees within a geographic area.
Sec. 102-32.45 How do I manage low-value Federal personal property?
Your agency must determine the threshold for which property is
considered accountable. Low-value personal property is any asset valued
at less than this accountability threshold. Low-value personal property
is ``expendable'' and may be handled by:
(a) Restricting approval of requisitions for replenishment of
storeroom stocks to officials at a responsible supervisory level to
ensure that supply requirements are justified based on need and
quantity;
(b) Establishing adequate safeguards and controls to ensure that
expendable supplies are used for official use only; and
(c) Giving special attention and care to those consumable or low
cost items when issues are excessive compared to normal program needs.
Sec. 102-32.50 What are supply management surveys?
Under the provisions of 40 U.S.C. 506, GSA may perform surveys of
Government property and property management practices of executive
agencies. These surveys will be conducted in connection with regular
studies of agency supply management practices or when providing
assistance in the development of agency property accounting systems. As
appropriate, GSA will provide written reports of findings and
recommendations to agency heads.
Sec. 102-32.55 What are Use and Replacement Standards?
Use and Replacement Standards are procedures designed to maximize
the effectiveness of asset inventories and to reduce costs. Agencies
are encouraged to implement agency-specific procedures for personal
property assets when appropriate.
(a) Use Standards limit the amount and type of property held by the
organization to the minimum requirements necessary for the efficient
functioning of the organization. An example of a Government-wide Use
Standard methodology is described in FMR Bulletin B-30, relating to the
management of motor vehicle assets. (Bulletins may be found at
www.gsa.gov/bulletins). Considering the methodology in this Bulletin
for the management of other assets will guide the agency to a more
cost-effective operation.
[[Page 9682]]
(b) Replacement Standards guide agencies to consider an effective
replacement strategy for Government personal property items. For
example, an agency may designate a type of item to be replaced every
three years, based upon the expected trends of reliability, maintenance
costs, and usefulness as the item ages. However, actual replacement
decisions should also consider the condition of the item.
(c) Agencies should consider voluntary consensus standards,
industry standards, and Federal best-practices in developing Use and
Replacement Standards. Factors to consider when choosing standards to
use are outlined in OMB Circular A-119, ``Federal Participation in the
Development and Use of Voluntary Consensus Standards and in Conformity
Assessment Activities.'' Voluntary consensus standards must be used in
lieu of Government-unique standards unless such use would be
inconsistent with applicable law or regulation, or be otherwise
impractical.
[FR Doc. 2015-03484 Filed 2-23-15; 8:45 am]
BILLING CODE 6820-14-P
