Federal Management Regulation (FMR); Utility Services, 39994-39996 [2019-17210]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Proposed Rules
(j) Grace Period for Initial Replacement
For Group 1 airplanes: For a fire
extinguisher percussion cartridge that, on the
effective date of this AD, has a total life of
9 years 6 months or more, the replacement
required by paragraph (h) of this AD can be
deferred up to 6 months after the effective
date of this AD.
jspears on DSK3GMQ082PROD with PROPOSALS
(k) Parts Installation Limitations
For Group 1 and Group 2 airplanes: As of
the effective date of this AD, no person may
install, on any airplane, a fire extinguisher
percussion cartridge, unless the part is a
serviceable part as specified in this AD, and
that, following installation, the affected part
is replaced as required by paragraph (h) of
this AD.
(l) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (m)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or the
European Aviation Safety Agency (EASA); or
Dassault Aviation’s EASA Design
VerDate Sep<11>2014
16:57 Aug 12, 2019
Jkt 247001
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
41 CFR Part 102–82
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2019–0084, dated April 17, 2019, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2019–0604.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3226.
(3) For service information identified in
this AD, contact Dassault Falcon Jet
Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606;
telephone 201–440–6700; internet https://
www.dassaultfalcon.com. You may view this
service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued in Des Moines, Washington, on July
26, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–16608 Filed 8–12–19; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
GENERAL SERVICES
ADMINISTRATION
[FMR Case 2016–102–3; Docket 2016–0019;
Sequence No. 1]
RIN 3090–AJ76
Federal Management Regulation
(FMR); Utility Services
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: GSA is proposing to amend
the Federal Management Regulation part
regarding utility services. The rule
clarifies the authority an agency must
have in order to procure utility services
and describes in detail agencies’
responsibilities concerning the
procurement of such services. To better
direct agencies that operate under a
utility service delegation from GSA, the
rule adds a reference to the section of
the Federal Acquisition Regulation that
addresses the acquisition of utility
services and other procurement
guidance. Additionally, the rule clarifies
responsibilities for the Department of
Defense and the Department of Energy
for compliance.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at one of the
addresses shown below on or before
October 15, 2019 to be considered in the
formation of the final rule.
ADDRESSES: Submit comments in
response to FMR Case 2016–102–3 by
any of the following methods:
E:\FR\FM\13AUP1.SGM
13AUP1
EP13AU19.002</GPH>
39994
Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Proposed Rules
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal Rulemaking Portal by
entering ‘‘FMR Case 2016–102–3.’’
under the heading ‘‘Enter Keyword or
ID’’ and select ‘‘Search’’. Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FMR Case 2016–102–3’’ and
follow the instructions provided at the
‘‘Comment Now’’ screen. Please include
your name, company name (if any), and
‘‘FMR Case 2016–102–3’’ on your
attached document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Ms. Lois
Mandell, 1800 F Street NW,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FMR Case 2016–102–3, in
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. To confirm
receipt of your comment(s), please
check https://www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Chris Coneeney, Director, Real Property,
Office of Government-wide Policy, at
202–208–2956, or email at
chris.coneeney@gsa.gov. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division (MVCB),
1800 F Street NW, Washington, DC
20405, 202–501–4755. Please cite FMR
Case 2016–102–3.
SUPPLEMENTARY INFORMATION:
jspears on DSK3GMQ082PROD with PROPOSALS
A. Background
This part was last revised and
published in the Federal Register on
November 8, 2005 (70 FR 67785). The
currently proposed rule includes the
following changes:
• Updating the regulation to both
clarify the authority an agency must
have and point the reader to the
appropriate parts of the Federal
Acquisition Regulation that relate to the
acquisition of utility services;
• Clarifying agency, the Department
of Defense, and the Department of
Energy responsibilities regarding utility
services.
B. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
VerDate Sep<11>2014
16:57 Aug 12, 2019
Jkt 247001
39995
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 rule is a significant
regulatory action and was subject to
review under Section 6(b) of E.O. 12866.
GSA has determined that this proposed
rule is not a major rule under 5 U.S.C.
804.
102–82.10 What are the governing
authorities for this part?
102–82.15 Who must comply with these
provisions?
102–82.20 To whom do ‘‘we,’’ ‘‘you,’’ and
their variants refer?
102–82.25 How do we request a deviation
from the provisions of this part?
C. Executive Order 13771
Authority: 40 U.S.C. 121(c) and 40 U.S.C.
501.
This proposed rule is not expected to
be subject to the requirements of E.O.
13771 (82 FR 9339, February 3, 2017)
because this proposed rule is expected
to be related to agency organization,
management, or personnel.
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
Regulatory Flexibility Act pursuant to 5
U.S.C. 553(a)(2) because it applies to
agency management.
E. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FMR do not impose any information
collection requirements that require the
approval of the Office of Management
and Budget 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 and personnel.
List of Subjects in 41 CFR Part 102–82–
Utilities
Federal buildings and facilities,
Government property management,
Rates and fares, Utilities.
Jessica Salmoiraghi,
Associate Administrator, Office of
Government-wide Policy.
For the reasons set forth in the
preamble, GSA is proposing to revise 41
CFR part 102–82 to read as follows:
■
PART 102–82—UTILITY SERVICES
Subpart A—General Provisions
Sec.
102–82.5 What does this part cover?
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
Subpart B—Utility Services
102–82.30 What authority must my agency
have in order to procure utility
service(s)?
102–82.35 Can Executive agencies enter
into contracts for utility services?
102–82.40 What are Executive agencies’
rate intervention responsibilities?
Subpart A—General Provisions
§ 102–82.5
What does this part cover?
This part covers the procurement and
management of public utility services. It
does not cover utilities that are provided
as part of a lease. For more information
on the procurement of utility services,
refer to Federal Acquisition Regulation
(FAR) Part 41, Acquisition of Utility
Services. For more information on the
management of Utility Services, refer to
40 U.S.C. 501.
§ 102–82.10 What are the governing
authorities for this part?
The authorities for this regulation are:
(a) 40 U.S.C. 121(c);
(b) 40 U.S.C. 501.
§ 102–82.15 Who must comply with these
provisions?
All Executive agencies procuring,
managing or supplying utility services
under Title 40 of the United States
Code, including GSA’s Public Buildings
Service (PBS), Department of Defense,
Department of Energy, and those
agencies operating under, or subject to,
the authorities of the Administrator of
General Services must comply with
these provisions. For information on a
utility services delegation of authority,
refer to part 102–72.100 of this chapter.
§ 102–82.20 To whom do ‘‘we,’’ ‘‘you,’’ and
their variants refer?
Unless otherwise indicated, use of
pronouns ‘‘we,’’ ‘‘you,’’ and their
variants throughout this part refer to an
Executive agency. Refer to part 102–71,
General, of this chapter, for the
definition of Executive agency.
§ 102–82.25 How do we request a
deviation from the provisions of this part?
Refer to sections 102–2.60 through
102–2.110 of this chapter for
information on how to obtain a
deviation from this part.
E:\FR\FM\13AUP1.SGM
13AUP1
39996
Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Proposed Rules
delegation of authority refer to part 102–
72, Delegation of Authority.
Subpart B—Utility Services
§ 102–82.30 What authority must my
agency have in order to procure utility
service(s)?
[FR Doc. 2019–17210 Filed 8–12–19; 8:45 am]
BILLING CODE 6820–14–P
If you do not have a delegation of
authority issued by GSA to procure
utility services, or independent
authority for such procurements, you
cannot procure utility services. The
Secretary of Defense is independently
authorized to take such actions without
a delegation from GSA, when the
Secretary determines such actions to be
in the best interests of national security.
For more information on a utility
services delegation of authority refer to
parts 102–72.100 and 102–72.105 of this
chapter.
§ 102–82.35 Can Executive agencies enter
into contracts for utility services?
Executive agencies, operating under a
utility services delegation from GSA, or
the Secretary of Defense, when the
Secretary determines it to be in the best
interests of national security, may enter
into contracts for utility services (such
as commodities and utility rebate
programs), pursuant to the terms and
conditions contained in the delegation
and in accordance with FAR Part 41,
Acquisition of Utility Services. FAR Part
41 requires that agencies provide or
procure from sources of supply that are
the most advantageous to the Federal
Government in terms of economy,
efficiency, reliability, or quality of
service; while 40 U.S.C. 501(c) requires
that agencies provide or procure such
services with due regard to the mission
responsibilities of the agencies
concerned. For information on utility
services delegation of authority refer to
part 102–72 of this chapter, Delegation
of Authority. For additional information
on contracts for utility services search
on the topics Utility or Energy on the
Acquisition Gateway, https://
www.gsa.gov.
jspears on DSK3GMQ082PROD with PROPOSALS
§ 102–82.40 What are Executive agencies’
rate intervention responsibilities?
Unless otherwise authorized by law,
absent a delegation from GSA, Executive
agencies must not engage in the types of
representation referenced at 40 U.S.C.
501(c), Services for Executive agencies.
The Secretary of Defense is
independently authorized to take such
actions without a delegation from GSA,
when the Secretary determines such
actions to be in the best interests of
national security. Refer to part 102–71,
General, for definitions of Executive
agencies and state. For information on
VerDate Sep<11>2014
16:57 Aug 12, 2019
Jkt 247001
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Parts 1304 and 1305
RIN 0970–AC77
Head Start Designation Renewal
System
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: In this NPRM, we propose
changes to two of the seven conditions
of the Designation Renewal System for
Head Start Grantees (DRS): The
condition related to the Classroom
Assessment Scoring System: Pre-K
(CLASS) and the fiscal condition related
to audit findings. For the CLASS
condition, we propose to remove the
lowest 10 percent criterion and set more
rigorous minimum thresholds across all
three domains that grantees must meet
in order to avoid competition. For the
fiscal condition, we propose to add a
second criterion that would consider
additional findings from annual audits.
A grantee would be required to compete
for continued funding if they met either
criterion.
We also propose technical changes
within part 1304 subpart B (Designation
Renewal) to remove any outdated
provisions to the regulation. These
technical fixes were not included in the
publication of the Head Start Program
Performance Standards (performance
standards) final rule in 2016 because the
Designation Renewal section of the
regulation was not open for amendment
in the revision of the performance
standards.
Submit either electronic or
written comments by September 27,
2019.
Planning, 330 C Street SW, 4th Floor,
Washington, DC 20201.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
rulemaking. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Colleen Rathgeb, Office of Head Start,
Planning, Oversight, and Policy
Division Director, (202) 358–3263,
OHS_NPRM@acf.hhs.gov. Deaf and
hearing impaired individuals may call
the Federal Dual Party Relay Service at
1–800–877–8339 between 8 a.m. and 7
p.m. Eastern Standard Time.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
Designation Renewal System
Request for Comment on Head Start
Designation Renewal System
Improvements
The CLASS Tool
Fiscal Condition
Goal of This NPRM
II. Statutory Authority To Issue NPRM
III. Section by Section Discussion of
Proposed Changes to the Designation
Renewal System
1304.11(b) School Readiness Goals
1304.11(c) CLASS Condition
1304.11(e) Suspension by OHS
1304.11(g) Fiscal Condition
1304.12 Grantee Reporting Requirements
Concerning Certain Conditions
1304.15 Designation Request, Review and
Notification Process
1305 Definitions
Effective Dates
IV. Regulatory Process Matters
Regulatory Flexibility Act
Unfunded Mandates Reform Act
Treasury and General Government
Appropriations Act of 1999
Federalism Assessment Executive Order
13132
Congressional Review
Paperwork Reduction Act of 1995
Regulatory Planning and Review Executive
Order 12866, Executive Order 13563,
and Executive Order 13771
V. Regulatory Impact Analysis
I. Background
DATES:
Designation Renewal System
You may submit comments,
identified by [docket number and/or
RIN number], by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Office of Head Start,
Attention: Director of Policy and
Since its inception in 1965, Head
Start has been a leader in helping
children from low-income families
reach kindergarten more prepared to
succeed in school. Through the
Improving Head Start for School
Readiness Act of 2007 (the 2007
Reauthorization) amending the Head
Start Act (the Act), Congress required
the Department of Health and Human
Services to ensure these children and
ADDRESSES:
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
E:\FR\FM\13AUP1.SGM
13AUP1
]]>Agencies
[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Proposed Rules]
[Pages 39994-39996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17210]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-82
[FMR Case 2016-102-3; Docket 2016-0019; Sequence No. 1]
RIN 3090-AJ76
Federal Management Regulation (FMR); Utility Services
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: GSA is proposing to amend the Federal Management Regulation
part regarding utility services. The rule clarifies the authority an
agency must have in order to procure utility services and describes in
detail agencies' responsibilities concerning the procurement of such
services. To better direct agencies that operate under a utility
service delegation from GSA, the rule adds a reference to the section
of the Federal Acquisition Regulation that addresses the acquisition of
utility services and other procurement guidance. Additionally, the rule
clarifies responsibilities for the Department of Defense and the
Department of Energy for compliance.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat Division at one of the addresses shown below on
or before October 15, 2019 to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in response to FMR Case 2016-102-3 by any of
the following methods:
[[Page 39995]]
Regulations.gov: https://www.regulations.gov. Submit
comments via the Federal Rulemaking Portal by entering ``FMR Case 2016-
102-3.'' under the heading ``Enter Keyword or ID'' and select
``Search''. Select the link ``Submit a Comment'' that corresponds with
``FMR Case 2016-102-3'' and follow the instructions provided at the
``Comment Now'' screen. Please include your name, company name (if
any), and ``FMR Case 2016-102-3'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Ms. Lois Mandell, 1800 F Street NW,
Washington, DC 20405.
Instructions: Please submit comments only and cite FMR Case 2016-
102-3, in 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. To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Chris Coneeney, Director, Real Property, Office of Government-wide
Policy, at 202-208-2956, or email at [email protected]. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington,
DC 20405, 202-501-4755. Please cite FMR Case 2016-102-3.
SUPPLEMENTARY INFORMATION:
A. Background
This part was last revised and published in the Federal Register on
November 8, 2005 (70 FR 67785). The currently proposed rule includes
the following changes:
Updating the regulation to both clarify the authority an
agency must have and point the reader to the appropriate parts of the
Federal Acquisition Regulation that relate to the acquisition of
utility services;
Clarifying agency, the Department of Defense, and the
Department of Energy responsibilities regarding utility services.
B. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 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 rule is a significant regulatory action and was subject to review
under Section 6(b) of E.O. 12866. GSA has determined that this proposed
rule is not a major rule under 5 U.S.C. 804.
C. Executive Order 13771
This proposed rule is not expected to be subject to the
requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because this
proposed rule is expected to be related to agency organization,
management, or personnel.
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 Regulatory Flexibility Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management.
E. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose any information collection requirements that
require the approval of the Office of Management and Budget 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 and personnel.
List of Subjects in 41 CFR Part 102-82-Utilities
Federal buildings and facilities, Government property management,
Rates and fares, Utilities.
Jessica Salmoiraghi,
Associate Administrator, Office of Government-wide Policy.
0
For the reasons set forth in the preamble, GSA is proposing to revise
41 CFR part 102-82 to read as follows:
PART 102-82--UTILITY SERVICES
Subpart A--General Provisions
Sec.
102-82.5 What does this part cover?
102-82.10 What are the governing authorities for this part?
102-82.15 Who must comply with these provisions?
102-82.20 To whom do ``we,'' ``you,'' and their variants refer?
102-82.25 How do we request a deviation from the provisions of this
part?
Subpart B--Utility Services
102-82.30 What authority must my agency have in order to procure
utility service(s)?
102-82.35 Can Executive agencies enter into contracts for utility
services?
102-82.40 What are Executive agencies' rate intervention
responsibilities?
Authority: 40 U.S.C. 121(c) and 40 U.S.C. 501.
Subpart A--General Provisions
Sec. 102-82.5 What does this part cover?
This part covers the procurement and management of public utility
services. It does not cover utilities that are provided as part of a
lease. For more information on the procurement of utility services,
refer to Federal Acquisition Regulation (FAR) Part 41, Acquisition of
Utility Services. For more information on the management of Utility
Services, refer to 40 U.S.C. 501.
Sec. 102-82.10 What are the governing authorities for this part?
The authorities for this regulation are:
(a) 40 U.S.C. 121(c);
(b) 40 U.S.C. 501.
Sec. 102-82.15 Who must comply with these provisions?
All Executive agencies procuring, managing or supplying utility
services under Title 40 of the United States Code, including GSA's
Public Buildings Service (PBS), Department of Defense, Department of
Energy, and those agencies operating under, or subject to, the
authorities of the Administrator of General Services must comply with
these provisions. For information on a utility services delegation of
authority, refer to part 102-72.100 of this chapter.
Sec. 102-82.20 To whom do ``we,'' ``you,'' and their variants refer?
Unless otherwise indicated, use of pronouns ``we,'' ``you,'' and
their variants throughout this part refer to an Executive agency. Refer
to part 102-71, General, of this chapter, for the definition of
Executive agency.
Sec. 102-82.25 How do we request a deviation from the provisions of
this part?
Refer to sections 102-2.60 through 102-2.110 of this chapter for
information on how to obtain a deviation from this part.
[[Page 39996]]
Subpart B--Utility Services
Sec. 102-82.30 What authority must my agency have in order to procure
utility service(s)?
If you do not have a delegation of authority issued by GSA to
procure utility services, or independent authority for such
procurements, you cannot procure utility services. The Secretary of
Defense is independently authorized to take such actions without a
delegation from GSA, when the Secretary determines such actions to be
in the best interests of national security. For more information on a
utility services delegation of authority refer to parts 102-72.100 and
102-72.105 of this chapter.
Sec. 102-82.35 Can Executive agencies enter into contracts for
utility services?
Executive agencies, operating under a utility services delegation
from GSA, or the Secretary of Defense, when the Secretary determines it
to be in the best interests of national security, may enter into
contracts for utility services (such as commodities and utility rebate
programs), pursuant to the terms and conditions contained in the
delegation and in accordance with FAR Part 41, Acquisition of Utility
Services. FAR Part 41 requires that agencies provide or procure from
sources of supply that are the most advantageous to the Federal
Government in terms of economy, efficiency, reliability, or quality of
service; while 40 U.S.C. 501(c) requires that agencies provide or
procure such services with due regard to the mission responsibilities
of the agencies concerned. For information on utility services
delegation of authority refer to part 102-72 of this chapter,
Delegation of Authority. For additional information on contracts for
utility services search on the topics Utility or Energy on the
Acquisition Gateway, https://www.gsa.gov.
Sec. 102-82.40 What are Executive agencies' rate intervention
responsibilities?
Unless otherwise authorized by law, absent a delegation from GSA,
Executive agencies must not engage in the types of representation
referenced at 40 U.S.C. 501(c), Services for Executive agencies. The
Secretary of Defense is independently authorized to take such actions
without a delegation from GSA, when the Secretary determines such
actions to be in the best interests of national security. Refer to part
102-71, General, for definitions of Executive agencies and state. For
information on delegation of authority refer to part 102-72, Delegation
of Authority.
[FR Doc. 2019-17210 Filed 8-12-19; 8:45 am]
BILLING CODE 6820-14-P
