GSA REGULATORY REVIEW -- PROGRESS REPORT
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP88G01332R000801000017-5
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
47
Document Creation Date:
December 27, 2016
Document Release Date:
December 2, 2011
Sequence Number:
17
Case Number:
Publication Date:
February 17, 1986
Content Type:
MEMO
File:
Attachment | Size |
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CIA-RDP88G01332R000801000017-5.pdf | 2.39 MB |
Body:
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O~IONALb~FORM 41 (Rw. 7-76)
/rM~~ R Nl CFRI 101-11.'0
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Administrator
General Services Administration -
Washington, DC 20405
February 17, 1986
MEMORANDUM FOR THE ASSISTANT SECRETARIES FOR MANAGEMENT AND
ADMINISTRATIVE DIREC TORS
FROM: TERENCE C. GOL~
ADMINISTRATOR
SUBJECT: GSA Regulatory Review -- Progress Report
Your representatives to the Interagency Advisory Committee on
Regulatory Review (Attachment 1) and its Management of Buildings
and Grounds Subcommittee (Attachment 2) have completed their
review of the Federal Property Management Regulations (FPMR) 101-
I have accepted their report, approved their recommended
revisions, and authorized publication of a 60-day notice of
proposed rulemaking in the Federal Register. I have enclosed for
your information an advance copy of the proposed revised FPMR
101-20 (Attachment 3) which will be announced in the Federal
Register.
GSA's interagency regulatory review project began two years ago
with a discussion you had with Ray Kline at one o~ the meetings
of the Assistant Secretaries for Management. The product
reflects what can be done through our collective efforts. FPMR
101-20 has been rewritten for improved organization and clarity,
and the text has been streamlined.
You will note that this revision includes a change to the
temperature guidelines. This has been done to provide greater
operational flexibility and improve the work environment. The
majority of GSA buildings are over 30 years old and cannot
maintain the narrow range of temperature levels currently
prescribed. In exercising this added responsibility, we must
remain conscious of the need to conserve energy and to limit
expenditures.
Please convey to your representatives on the committee and
subcommittee my appreciation for their participation in this
cooperative endeavor to improve the FPMR. Their active support
has contributed not only to regulatory reform but also to better
communication between GSA and its customer agencies.
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INTERAGENCY ADVISORY COMMITTEE ON REGULATORY REVIEW
Patricia A. Szervo
Emily Karam
Hank Gioia
Bob Gowin
Paul Becker
Barbara Wamsley
Howie Raiken
Gene Fleming
Stormy Friday
Peter Chin
Dan Vellucci
Ed Chase
Dick Daniels
Angelo Picillo
Harry Kenney
Frank Gearde
Clyde Cook
Robert Day
Diane Savoy
Ed Henriksen
Ron Piasecki
Timothy S. Mullen
GSA
GSA
DOD
DOJ
DOL
HHS
DOE
DOE
EPA
OPM
Education
OMB
NASA
DOT
DOT
USDA
VA
State
HUD
Commerce
DOI
Treasury
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Emily Raram
Richard Levin
Robert Rammer
Roland Gahn
Michael Rubino
Fred Green
Timothy Mullen
Tom Simms
Frank Peters
Crawford Grigg
Joseph Dalton
Ren Allen
Bill Dailey
Tony Distefano
GSA
USDA
DOL
State
HUD
HUD
Treasury
Treasury
DOE
DOT
DOI
DOI
DOE
Commerce
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GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
FEDERAL PROPERTY MANAGEMENT REGULATIONS
AMENDMENT D -
T0: Heads of Federal agencies
SUBJECT: Change to Subchapter D--Public Buildings and Space
1. Pur ose. This amendment transmits changed pages to
Subc aFi pter D--Public Buildings and Space.
2. Effective date. The regulation transmitted by this amendment
is a ective upon publication in the Federal Register.
3. Backgrotr~nd. The Interagency Advisory Committee on Regulatory
Review was established on October 5, 1982, to assist GSA in
reviewing and recommending revisions to the Federal Property
Management Regulations (FPMR). A subcommittee of the interagency
committee was subsequently established and tasked to review and
recommend changes to FPMR Part 101-20--Management of Buildings
and Grounds. The work of the subcommittee has now been completed
and the enclosed revision to Part 101-20 reflects the changes
that were recommended.
4. Ex lanation of chap es. The revised Part 101-20 transmitted
by t is amen ment wi accomplish the following:
a. Eliminate unnecessary text;
b. Rearrange the remaining text to provide better
continuity;
c. Rewrite portions of the text to clarify the content;
d. Eliminate requirements that are an unnecessary burden on
agencies;
e. Reflect current GSA organization structure, titles, and
addresses;
f. Provide current references; and,
Part 101-20--Management of Buildings and Grounds.
(1) Section 101-20.000 is revised to clarify the
(2) Section 101-20.001 is not changed.
(3) Section 101-20.002 is expanded to consolidate policy
statements into one section.
1
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(4) Sections 101-20.003 thru 101-20.003-14 are revised,
updated, and expanded to consolidate all definitions for the part
into one section.
(5) Section 101-20.100 is deleted to eliminate text that
is not considered necessary.
(6) Section 101-20.101 is revised to eliminate
unnecessary text and redesignated as Section 101-20.102,
"Cleaning and maintenance."
(7) Section 101-20.102 is deleted.
(8) Section 101-20.103 is redesignated as Section 101-
20.002-2 and revised to clarify the content.
(9) Section 101-20.104 is redesignated as Section 101-
20.103 and revised and expanded to improve the organization of
the part.
(10) Section 101-20.105 is redesignated as Section 101-
20.106 and revised to improve the organization of the part, to
eliminate unnecessary text, and to update references to forms.
The $10,000 limitation on agencies to order or contract for
reimbursable alterations was revised to $25,000 by Temp. Reg.
D-72.
(11) Sections 101-20.106 thru 101-20.106-5 are deleted.
(12) Section 101-20.107 is recaptioned "Energy
conservation" and revised to improve the organization of the part
by deleting references to good housekeeping practices, which now
appear in Section 101-20.105. Temperature guidelines are
rewritten. Exceptions are authorized for specialized
requirements or for agencies to accomplish their missions more
effectively and efficiently.
(13) Section 101-20.108 is deleted.
(14) Sections 101-20.109 thru 101-20.109-12 are revised
to eliminate unnecessary text and redesignated as Sections 101-
20.105 thru 101-20.105-3.
(15) Section 101-20.110 is deleted.
(16) Section 101-20.111 is revised to eliminate
unnecessary text and is redesignated as Section 101-20.104,
"Parking facilities."
(17) Sections 101-20.111-1 thru 101-20.111-3 are revised
to eliminate unnecessary text, improve the organization of the
part, and redesignated as Sections 101-20.104-1 thru 101-20.
104-4.
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(18) Sections 101-20.112 thru 101-20.112-8 are revised
to eliminate unnecessary text and redesignated as Section 101-
20. 109.
(19) Section 101-20.113 is revised to eliminate
unnecessary text and redesignated as Section 101-20.108,
"Staggered hours of duty."
(20) Sections 101-20.114 and 101-20.115 are deleted.
(21) Sections 101-20.116 thru 101-20.116-6 are revised
to eliminate unnecessary text and consolidated into new Section
101-20.107, "Energy conservation," to improve the organization of
the part.
(22) Sections 101-20.117 thru 101-20.117-4 are revised
to eliminate outdated and unnecessary text, to delete definitions
that are consolidated into new Section 101-20.103, and
redesignate d, as Section 101-20.104, "Parking facilities."
(23) Subpart 101-20.2 is retitled "Vending Facility
Program for Blind Persons."
(24) Section 101-20.200 is revised to eliminate
unnecessary text.
(25) Section 101-20.201 is revised to require that blind
vendors are given priority in the location of vending facilities
and in the operation of cafeterias on GSA-controlled property.
(26) Section 101-20.202 is revised to require that GSA
not acquire a building unless it is determined that such building
contains a "satisfactory site" for the location and operation of
a blind vending facility and is retitled "Establishing vending
facilities."
(27) Section
(28) Section 101-20.204 is revised to eliminate
unnecessary text and redesignated as Section 101-20.203.
(29) Section 101-20.205 is rewritten to eliminate
unnecessary text and redesignated as Section 101-20.204.
(30) Section 101-20.206 is deleted.
(31) Section 101-20.207 is rewritten to eliminate
unnecessary text and redesignated as Section 101-20.205.
(32) Section 101-20.208 is deleted.
3
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(33) Section 101-20.209 is rewritten for clarity and
redesignated as Section 101-20.206.
(34) Sections 101-20.300 and 101-20.301 are not changed.
(35) Section 101-20.302 is changed to update the
reference to and the definition of the "Designated Official ."
changed .
(36) Sections 101-20.303 thru 101-20.308 are not
(37) Section 101-20.309 is revised to update references
to sections of the part.
changed.
(38) Sections 101-20.310 thru 101-20.315 are not
(39) Subpart 101-20.4 is retitled "Occasional Use of
PUb1iC Build,ings."
(40) Subpart 101-20.5 is deleted and its contents are
included in Section 101-20.103 to improve the organization of the
part.
(4
1) Subpart 101-20.6 is redesignated as Subpart 101-
2 0.
5.
(4
2) Section 101-20.600 is redesignated as Section 101-
20.
500.
(4
3) Section 101-20.601 is redesignated as Section 101-
20.
501.
(4
4) Section 101-20.602 is changed to delete the
reference
to the American Standard Specifications for Making
Buildings
and Facilities Accessible to and Usable by the
Physically
Handicapped, Number A117.1-R1971, and is redesignated
(45) Sections 101-20.603 and 101-20.604 are deleted.
(46) Subpart 101-20.7 is redesignated as Subpart 101-
(47) Section 101-20.700 is rewritten to eliminate
unnecessary text and redesignated as Section 101-20.400.
(48) Section 101-20.701 is deleted and its definitions
are consolidated in Section 101-20.003.
4
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(49) Section 101-20.702 is revised to delete text
associated with the application for permits contained in new
Section 101-20.401, to eliminate unnecessary text, and is
redesignated as Section 101-20.402.
(50) Section 101-20.703 is rewritten to eliminate
unnecessary text and is redesignated as Section 101-20.403.
(51) Section 101-20.704 is rewritten to eliminate
unnecessary text and is redesignated as Section 101-20.404,
"Appeals."
(52) Section 101-20.705 is rewritten to achieve better
clarity and redesignated as Sections 101-20.405 and 101-20.406.
(53) Section 101-20.706 is rewritten to eliminate
unnecessary text and is redesignated as Section 101-20.407.
(54) Section 101-20.707 is rewritten to eliminate
unnecessary text and redesignated as Section 101-20.408,
"Contracts."
(55) Section 101-20.708 is deleted and its text
incorporated in Sections 101-20.308 and 101-20.309.
(56) Section 101-20.709 is redesignated as Section 101-
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GENERAL SERVICES ADMINISTRATION
41 CFR PART 101-20
IFPMR AMENDMENT D -
MANAGEMENT OF BUILDINGS AND GROUNDS
ACTION: Final rule.
AGENCY: General Services Administration.
SUMMARY: This regulation is a revision of the part of FPMR
Subchapter D that governs the operation of, and the activities in
Federal buildings. This regulation was developed by a
subcommittee, of the Interagency Advisory Committee on Regulatory
Review and is designed to clarify the content, eliminate
duplication, and remove obstacles to effective building
management.
EFFECTIVE DATE: (Insert date of publication in the Federal
Register)
FOR FURTHER INFORMATION CONTACT: Emily Karam (202-566-1177).
SUPPLEMENTARY INFORMATION: The General Services Administration
has determined that this rule is not a major rule for the
purposes of Executive Order 12291 of February 17, 1981, because
it is not likely to result in an annual effect on the economy of
$100 million or more; a major increase in costs, to consumers or
others; or significant adverse effects. The General Services
Administration has based all administrative decisions underlying
this rule on adequate information concerning the need for, and
consequences of, this rule; has determined that the potential
benefits to society from this rule outweigh the potential costs
and has maximized the net benefits; and has chosen the
alternative approach involving the least net cost to society.
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The Table of Contents for Part 101-20 is revised to read as
Part 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS
Sec.
101-20.000 Scope of part.
101-20.001 Authority.
101-20.002 Basic policy.
101-20.002-1 Government-owned buildings.
101-20.002-2 Leased buildings.
101-20.003 Definitions.
101-20.003-1 Alteration.
101-20.003-2 Blanket work authorization.
101-20.003-3 Carpool.
101-20.003-4 Commercial activities.
101-20.003-5 Crime prevention assessments.
101-20.003-6 Cultural activities.
101-20.003-7- Designated Official.
101-20.003-8 Educational activities.
101-20.003-9 Emergency.
101-20.003-10 Executive.
101-20.003-11 Flame-resistant.
101-20.003-12 Foot-candle.
101-20.003-13 GSA Regional Officer.
101-20.003-14 Handicapped employee.
101-20.003-15 Indefinite quantity contract.
10:.-20.003-16 Life cycle cost.
101-20.003-17 Limited combustible.
101-20.003-18 Maintenance.
101-20.003-19 Nationally recognized standards.
101-20.003-20 Normally furnished commercially.
101-20.003-21 Occupant agency.
101-20.003-22 Occupant Emergency Organization.
101-20.003-23 Occupant Emergency Plan.
101-20.003-24 Occupant Emergency Program.
101-20.003-25 Postal vehicle.
101-20.003-26 Public area.
101-20.003-27 Recognized labor organization.
101-20.003-28 Recreational activities.
101-20.003-29 Ridesharing.
101-20.003-30 Special space alterations.
101-20.003-31 State.
101-20.003-32 Unit price agreement.
101-20.003-33 Unusual hours.
101-20.003-34 Vanpool.
101-20.003-35 Zonal allocations.
SUBPART 101-20.1--BUILDING OPERATIONS, MAINTENANCE,
PROTECTION, AND ALTERATIONS
101-20.101 Building systems.
101-20.102 Cleaning and maintenance.
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101-20.103 Physical protection and building security.
101-20.103-1 Standard protection.
101-20.103-2 Special protection.
101-20.103-3 Responsibilities of occupant agencies.
101-20.103-4 Occupant Emergency Program.
101-20.103-5 Initiating action under Occupant Emergency
Programs.
101-20.104 Parking facilities.
101-20.104-1 Allocation and assignment of parking for official
needs.
101-20.104-2 Allocation and assignment of employee parking
spaces.
101-20.104-3 Utilization of parking.
101-20.104-4 Guidelines for agency implementation.
101-20.105 Accident and fire prevention.
101-20.105-1 Responsibilities of occupant agencies.
101-20.105-2 Correction of hazardous conditions.
101-20.105-3 Smoking.
101-20.106 Reimbursable services.
101-20.106-1 Placing of orders for reimbursable alterations by
occupant agencies.
101-20.106-2 Limitations on provision of reimbursable services
by GSA.
101-20.107 Energy conservation.
101-20.108 Staggered hours of duty.
101-20.109 Concessions.
SUBPART 101-20.2--VENDING FACILITY PROGRAM FOR BLIND PERSONS
101-20.200 Scope of subpart.
101-20.201 Policy.
101-20.202 Establishing vending facilities.
101-20.203 Application for permit.
101-20.204 Terms of permit.
101-20.205 Enforcement procedures.
101-20.206 Reports.
101-20.300 Applicability.
101-20.301 Inspection.
101-20.302 Admission to property.
101-20.303 Preservation of property.
101-20.304 Conformity with signs and directions.
101-20.305 Disturbances.
101-20.306 Gambling.
101-20.307 Alcoholic beverages and narcotics.
101-20.308 Soliciting, vending, and debt collection.
101-20.309 Posting and distributing materials.
101-20.310 Photographs for news, advertising, or commercial
purposes.
101-20.311 Dogs and other animals.
101-20.312 Vehicular and pedestrian traffic.
101-20.313 Weapons and explosives.
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101-20.314 Nondiscrimination.
101-20.315 Penalties and other laws.
101-20.400 Scope of subpart.
101-20.401 Applications for permits.
101-20.402 Permits.
101-20.403 Disapproval of applications or cancellation of
permits.
101-20.404
Appeals.
101-20.405
Schedules
of
use.
101-20.406
Hours of
use.
101-20.407
Services
and
costs.
101-20.408
Conduct.
101-20.409
Non-affiliation with the Government.
SUBPART 101-20.5--SIDEWALK INSTALLATION, REPAIR, AND REPLACEMENT
101-20.500 'Scope of subpart.
101-20.501 Responsibilities.
101-20.502 Standards.
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PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS
S 101-20.000 Scope of part.
The regulations in this part prescribe policies and procedures
for the management, operation, protection, and maintenance of
Government-owned and -leased buildings and grounds under the
assignment responsibility of GSA.
? 101-20.001 Authority.
This Part 101-20 implements the Act of July 1, 1898 (40 U.S.C.
285); the Act of April 28, 1902 (40 U.S.C. 19); the Act of March
1, 1919 (40 U.S.C. 1); the Act of June 23, 1923 (40 U.S.C. 281);
the Act of May 27, 1924 (D.C. Code, 1961 ed., 4-208); the Act of
June 20, 1936 (20 U.S.C. 107 et seq.); the Act of December 10,
1941 (40 U.S.C. 291); the Act of May 14, 1948 (40 U.S.C. 130);
the Act of June 1, 1948 (40 U.S.C. 318 et seq.); the Federal
Property and Administrative Services Act of 1949 (63 Stat. 377 as
amended); the Reorganization Plan No. 18 of 1950 (40 U.S.C. 490
note; 3 CFR); the Public Buildings Act of 1950 (73 Stat. 479) as
amended; and the Public Buildings Amendments of 1972 (40 U.S.C.
602a) .
S 101-20.002 Basic policy.
It is the responsibility of GSA to provide or otherwise arrange
for all services required to house occupant agencies. GSA shall
provide fully serviced space equivalent to that furnished in
commercial practice.
S 101-20.002-1 Government-owned buildings.
(a) GSA will provide space alterations, repairs, and
improvements sufficient to meet the mission requirements of
occupant agencies, including mechanical and electrical systems
which meet nationally recognized standards, within the
limitations of available funding. When alterations are required,
alterations which are essential for performance of agency
missions or which improve the utilization rate shall be given
priority over other alterations. Alterations solely for
decorative or non-essential purposes shall be avoided.
(b) GSA will ensure that space assigned to agencies is safe
and that employees and visitors are not exposed to unnecessary
risks.
(c) Buildings will be cleaned and maintained at a service
level equivalent to that normally furnished commercially in
similar space.
(d) GSA will provide or arrange for protective services
sufficient to ensure the physical security of occupants and
visitors, to safeguard the Government's property interests, and
to maintain order.
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(e) GSA shall ensure that physically handicapped persons will
have ready access to space assigned to occupant agencies. GSA
shall provide building standards and shall prescribe and enforce
appropriate guidelines in accordance with applicable statutes,
regulations and executive orders.
(f) GSA is responsible for ensuring the availability of
parking spaces for official needs. Parking priorities are as
established in ? 101-20.104.
(g) Services in addition to those normally provided in the
commercial sector shall be arranged by GSA on a reimbursable
basis, as provided in 5101-20.106.
(h) GSA may, by agreement with occupant agencies, delegate
authority to perform specified functions with respect to the
operation, maintenance or repair of GSA-assigned space.
(i) GSA gill maintain a comprehensive energy management
program to reduce energy consumption and costs in Federal
buildings. GSA will apply energy-efficient and economical
operating and maintenance procedures, will make cost-effective
repairs and alterations, will incorporate design features which
will minimize the life cycle cost of buildings, and will ensure
continuity of services through contingency planning.
(j) Occupant agencies shall assist in the management of
buildings by exercising economy in the use of utilities, by
observing professional standards of neatness and cleanliness, and
by taking all reasonable precautions to avoid the risk of
accidents and fires. Occupant agencies shall also identify and
report to GSA any hazardous or unhealthy conditions in GSA-
assigned space.
(k) Consultations with occupant agencies and their safety
representatives will be held whenever substantial alterations or
repairs are proposed to be undertaken, or when GSA proposes to
make significant changes to the standard level of services. GSA
will consider the comments of occupant agencies before final
decisions are made. GSA will make every reasonable effort to
involve representatives of occupant agencies iri the planning for
such proposed alterations, repairs, and changes in services.
(1) It is the general policy of GSA to provide space and
systems which substantially conform to nationally recognized
standards, when applicable. GSA may, however, adopt other
standards for space and systems in Federally-controlled
facilities in order to conform to diverse statutory requirements,
to implement cost-reduction efforts, or to better effect overall
Government objectives.
? 101-20.002-2 Leased buildings.
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(a) Standards for space and services in leased buildings will
be equivalent to standards for Government-owned space. However,
the scope of the functions performed by GSA will be modified to
reflect the lessor's responsibilities for operations, maintenance
and protection under the terms of the lease.
(b) Alterations, improvements and repairs in leased buildings
shall be performed by GSA to the extent of the Government's
responsibility under the lease. Such alterations shall not,
however, exceed the limitations of the Economy Act (40 USC
S 278(a)) except as otherwise provided by law.
(c) Occupant agencies are not authorized to negotiate with
lessors or to place orders for alterations or building services,
except where such authority has been specifically delegated by
GSA, and except as provided in ? 101-20.106-2 regarding
reimbursable services.
~ 101-20.003 Definitions.
? 101-20.003-1 Alteration.
"Alteration" means remodeling, improving, extending, or making
other changes to a facility, exclusive of maintenance repairs
which are preventive in nature. The term includes planning,
engineering, architectural work, and other similar actions.
"Blanket work authorization" means an open-end agreement with
an agency with an agreed upon maximum dollar ceiling where there
is an on-going account for processing small requests for
reimbursable services. The need for the service is clearly
recognized, but exactly when the service must be rendered during
the fiscal year is unclear.
? 101-20.003-3 Carpool.
"Carpool" means a group of two or more people regularly using a
motor vehicle for transportation to and from work on a continuing
basis, regardless of their relationship to each other. The
number of persons in a carpool will normally be the basis for
priority of assignments.
S 101-20.003-4 Commercial activities.
"Commercial activities," within the meaning of Subpart 101-
20.4, are activities undertaken for the primary purpose of
producing a profit for the benefit of an individual or
organization organized for profit. (Activities where commercial
aspects are incidental to the primary purpose of expression of
ideas or advocacy of causes are not "commercial activities" for
purposes of these regulations.)
? 101-20.003-5 Crime prevention assessments.
7
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"Crime prevention assessments" are formal, on-site reviews
which consist of a detailed survey, review, and analysis of an
occupant agency's vulnerability to criminal activity. In
addition to the normal process of a physical security survey, it
involves an intensive review of an occupant's and/or building's
operational and administrative procedures. It is designed to
identify specific weaknesses and to recommend cost-effective,
positive steps to Federal managers in dealing with criminal
threats and occurrences.
$ 101-20.003-6 Cultural activities.
"Cultural activities" include, but are not limited to, films,
dramatics, dances, and musical presentations, and fine art
exhibits, whether or not these activities are intended to make a
profit.
S 101-20.003-7 Designated Official.
The "Designated Official" is the highest ranking official of
the primary occupant agency of a Federal facility; or,
alternatively, a designee selected by mutual agreement of
occupant agency officials.
~ 101-20.003-8 Educational activities.
"Educational activities" mean activities such as (but not
limited to) the operation of schools, libraries, day care
centers, laboratories, and lecture or demonstration facilities.
? 101-20.003-9 Emergency.
The term "emergency" includes bombings and bomb threats, civil
disturbances, fires, explosions, electrical failures, loss of
water pressure, chemical and gas leaks, medical emergencies,
hurricanes, tornadoes, floods, and earthquakes. The term does
not apply to civil defense matters such as potential or actual
enemy attacks. Note: Civil defense emergencies are addressed by
the Federal Emergency Management Agency.
$ 101-20.003.10 Executive.
"Executive" means a Government employee with management
responsibilities which, in the judgment of the employing agency
head or his/her designee, require preferential assignment of
parking privileges.
S 101-20.003-11 Flame-resistant.
"Flame-resistant" means meeting performance standards as
described by the National Fire Protection Association (NFPA
Standard No. 701). Fabrics labeled with the Underwriters
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Laboratories Inc. classification marking for flammability are
deemed to be flame-resistant for purposes of this regulation.
? 101-20.003-12 Foot-candle.
"Foot-candle" is the illumination on a surface one square foot
in area on which there is a uniformly distributed flux of one
lumen, or the illuminance produced on a surface all points of
which are at a distance of one foot from a directionally uniform
point source of one candela.
$ 101-20.003-13 GSA Regional Officer.
"GSA Regional Officer," within the meaning of Subpart 101-20.4,
means the regional director of the Buildings Management Division
of GSA designated to supervise the implementation of the Public
Buildings Cooperative Use Act's occasional use provisions.
~ 101-20.003-14 Handicapped employee.
"Handicapped employee" means an employee who has a severe,
permanent impairment which for all practical purposes precludes
the use of public transportation, or an employee who is unable to
operate a car as a result of permanent impairment who is driven
to work by another. Priority may require certification by an
agency medical unit, including the Veterans Administration or the
Public Health Service.
? 101-20.003-15 Indefinite quantity contract.
"Indefinite quantity contract" (commonly referred to as "term
contract") provides for the furnishing of an indefinite quantity,
within stated limits, of specific property or services during a
specified contract period, with deliveries to be scheduled by the
timely placement of orders upon the contractor by activities
designated either specifically or by class.
~ 101-20.003-16 Life cycle cost.
"Life cycle cost" is the total cost of owning, operating, and
maintaining a building over its useful life, including its fuel
and energy costs, determined on the basis of a 'systematic
evaluation and comparison of alternative building systems; except
that in the case of leased buildings, the life cycle cost shall
be calculated over the effective remaining term of the lease.
S 101-20.003-17 Limited combustible.
"Limited combustible" means rigid materials or assemblies which
have fire hazard ratings not exceeding 25 for flame spread and
150 for smoke development when tested in accordance with the
American Society for Testing and Materials, Test E 84, Surface
Burning Characteristics of Building Materials.
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"Maintenance" means preservation by inspection, adjustment,
lubrication, cleaning, and the making of minor repairs.
"Ordinary maintenance" means routine recurring work which is
incidental to everyday operations; "preventive maintenance" means
work programmed at scheduled intervals.
S 101-20.003-19 Nationally recognized standards.
The term "nationally recognized standards" encompasses any
standard or modification thereof which:
(a) Has been adopted and promulgated by a nationally
recognized standards-producing organization under procedures
whereby those interested and affected by it have reached
substantial agreement on its adoption, or
(b) Was formulated through consultation by appropriate Federal
agencies in 'a manner which afforded an opportunity for diverse
views to be considered.
? 101-20.003-20 Normally furnished commercially.
"Normally furnished commercially" means in conformance with the
level of services provided by a commercial building operator for
space of comparable quality, housing tenants with comparable
requirements. Service levels are based on the effort required to
service space for a five-day week, one eight-hour shift schedule.
? 101-20.003-21 Occupant agency.
"Occupant agency" means an organization which is assigned space
in a facility under GSA's custody and control through the formal
procedures outlined in Part 101-17 of the Federal Property
Management Regulations.
? 101-20.003-22 Occupant Emergency Organization.
"Occupant Emergency Organization" means the emergency response
organization comprised of employees of Federal agencies
designated to perform the requirements established by the
Occupant Emergency Plan.
S 101-20.003-23 Occupant Emergency Plan.
"Occupant Emergency Plan" means procedures developed to protect
life and property in a specific Federally-occupied space under
stipulated emergency conditions.
? 101-20.003-24 Occupant Emergency Program.
"Occupant Emergency Program" means a short-term emergency
response program. It establishes procedures for safegarding
lives and property during emergencies in particular facilities.
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? 101-20.003-25 Postal vehicle.
"Postal vehicle" means a Government-owned vehicle used for the
transportation of mail, or a privately owned vehicle used under
contract for the transportation of mail.
S 101-20.003-26 Public area.
"Public area" means any area of a building under the control
and custody of GSA which is ordinarily open to members of the
public, including lobbies, courtyards, auditoriums, meeting
rooms, and other such areas not assigned to a lessee or occupant
agency.
? 101-20.003-27 Recognized labor organization.
"Recognized labor organization" means a labor organization
recognized under Title VII of the Civil Service Reform Act of
1978 (Public Law 95-454) governing labor-management relations.
? 101-20.003-28 Recreational activities.
"Recreational activities" include, but are not limited to, the
operations of gymnasiums and related facilities.
? 101-20.003-29 Ridesharing.
"Ridesharing" means the sharing of the commute to and from work
by two or more people, on a continuing basis, regardless of their
relationship to each other, in any mode of transportation
including, but not limited to, carpools, vanpools, buspools and
mass transit.
? 101-20.003-30 Special space alterations.
"Special space alterations" are those alterations required by
occupant agencies that are beyond those standard alterations
provided by GSA under the SLUC system and are reimbursable from
the requesting agency.
? 101-20.003-31 State.
"State" means the fifty States, political subdivisions thereof,
the District of Columbia, the Commonwealths of Puerto Rico and
Guam, and the territories and possessions of the United States.
? 101-20.003-32 Unit price agreement.
"Unit price agreement" provides for the furnishing of an
indefinite quantity, within stated limits, of specific property
or services at a specificed price, during a specified contract
period, with deliveries to be scheduled by the timely placement
of orders upon the lessor by activities designated either
specifically or by class.
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"Unusual hours" means work hours that are frequently required
to be varied and do not coincide with any regular work schedule.
This category includes individuals who regularly or frequently
work significantly more than 8 hours per day. Unusual hours does
not include shift workers, those on alternate work schedules, and
those granted exceptions to the normal work schedule (e.g., flex-
time) .
? 101-20.003-34 Vanpool.
"Vanpool" means a group of at least 8 persons using a passenger
van or a commuter bus designed to carry 10 or more passengers.
Such a vehicle must be used for transportation to~and from work
in a single daily round trip. The number of persons in a vanpool
will normally be the basis for priority of assignments.
~ 101-20.003.35 Zonal allocations.
"Zonal allocations" means the allocation of parking spaces on
the basis of zones established by GSA in conjunction with
occupant agencies. In metropolitan areas where this method is
used, all agencies located in a designated zone will compete for
available parking in accordance with instructions issued by GSA.
In establishing this procedure, GSA will consult with all
affected agencies.
SUBPART 101-20.1--BUILDING OPERATIONS, MAINTENANCE,
PROTECTION, AND ALTERATIONS
~ 101-20.101 Building systems.
(a) Structural features and mechanical and electrical systems
in GSA-assigned space shall be adequate for the needs of occupant
agencies. Such systems will comply with applicable GSA fire
safety criteria and with standards prescribed under the
Occupational Safety & Health Act (OSHA). GSA will take all
measures necessary to comply with energy conservation objectives
as promulgated by relevant statutes, regulations, and executive
orders.
(b) No modification shall be made to buildings, or equipment
which will exceed the building design loads or exceed the
capacities of electrical, mechanical, and protection systems. No
modifications which adversely alter the performance of building
systems, or which create safety and health hazards, as determined
by GSA safety and health representatives, shall be made.
(c) Occupant agencies shall obtain GSA approval for any
modifications proposed to be made with their own forces. This
approval requirement applies to the moving or installation of
unusually heavy equipment, to electrical appliances such as
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heaters, refrigerators, and cooking equipment, and to employee-
owned equipment.
(d) Occupant agencies shall conform to GSA accident and fire
prevention policy, shall observe all OSHA requirements, and shall
comply with applicable local safety regulations.
S 101-20.102 Cleaning and maintenance.
GSA shall provide:
(a) Cleaning for all assigned space at a level equivalent to
the cleaning furnished commercially for similar types of space.
(b) Maintenance of building systems for heating and cooling,
and maintenance of plumbing, electrical, and elevator systems.
(c) Maintenance and repairs of exterior, grounds, sidewalks,
driveways, and parking areas.
(d) Maintenance of building equipment such as directory
boards, clock systems, window shades, door locks, and door title
cards.
(e) Cyclic paintings of agency occupied space once every five
years, and paintings of public areas once every three years, if
needed .
(f) Maintenance of all safety and fire protection devices,
equipment, and systems in a state of readiness in conformance
with applicable laws, regulations, and standards.
(g) Maintenance of all food service activities in accordance
with applicable U. S. Public Health Service standards and local
regulations.
(h) Arrangements for raising and lowering the United States
flags at appropriate times.
~ 101-20.103 Physical protection and building security.
$ 101-20.103-1 Standard protection. '
For properties under its custody and control, GSA will provide
standard protection services by:
(a) Establishing mobile patrols through the use of Federal
Protective Officers or fixed posts, staffed by uniformed
personnel under contract;
(b) Installing and maintaining security devices and systems;
(c) Implementing crime prevention activities, including tenant
awareness programs;
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(d) Responding to criminal occurrences, incidents, and life-
threatening events.
(e) Investigating crimes and violations of Federal statutes,
recording and evaluating reports of criminal incidents, and
referring findings and evidence to appropriate enforcement
agencies;
(f) Entering into cooperative agreements with local law
enforcement agencies;
(g) Performing physical security surveys and providing
security advisory services; or
(h) Coordinating a comprehensive Occupant Emergency Program.
? 101-20.103-2 Special protection.
The degree of protection beyond standard levels required by the
nature of an agency's activities or by unusual public reaction to
an agency's programs will be determined jointly by GSA and the
occupant agency. Special protection will be provided on a
reimbursable basis. The level of special protection will be
determined on a facility-by-facility basis, after the conducting
of appropriate security surveys and crime prevention assessments.
In such determinations, GSA and occupant agencies will consider:
(a) The characteristics of the facility, including size,
configuration, exterior lighting, and presence of physical
barriers;
(b) The location of the facility and the history of criminal
or disruptive incidents in the surrounding neighborhoods; and
(c) -The reimbursable funding and resources available to GSA
for provision of protective service.
? 101-20.103-3 Responsibilities of occupant agencies.
Occupants of facilities under the custody and control of GSA
shall
(a) Cooperate to the fullest extent with all pertinent
facility procedures and regulations;
(b) Promptly report all crimes on or against property to GSA;
(c) Provide training to employees regarding protection and
responses to emergency situations; and
(d) Make recommendations for improving the effectiveness of
protection in Federal facilities.
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$ 101-20.103-4 Occupant Emergency Program.
(a) The Designated Official (as defined in $ 101-20.003-7) is
responsible for developing, implementing, and maintaining an
Occupant Emergency Plan (as defined in $ 101-20.003-23). The
Designated Official's responsibilities include establishing,
staffing, and training an Occupant Emergency Organization with
agency employees. GSA shall assist in the establishment and
maintenance of such plans and organizations.
(b) All occupant agencies of a facility shall fully cooperate
with the Designated Official in the implementation of the
emergency plans and the staffing of the emergency organization.
(c) GSA shall provide emergency program policy guidance, shall
review plans and organizations annually, shall assist in training
of personnel, and shall otherwise ensure proper administration of
Occupant Emergency Programs (as defined in $ 101-20.003-24). In
leased space, GSA will solicit the assistance of the lessor in
the establishment and implementation of plans.
(d) In accordance with established criteria, GSA shall assist
the Occupant Emergency Organization (as defined in $ 101-20.003-
22) by providing technical personnel qualified in the operation
of utility systems and protective equipment.
$ 101-20.103-5 Initiating action under Occupant Emergency
Programs.
(a) The decision to activate the Occupant Emergency
Organization shall be made by the Designated Official, or by the
designated alternate official. Decisions to activate shall be
based upon the best available information, including an
understanding of local tensions, the sensitivity of target
agency(ies), and previous experience with similar situations.
Advice shall be solicited, when possible, from the GSA buildings
manager, from the appropriate Federal Protective Service
official, and from Federal, State, and local law enforcement
agencies.
(b) When there is immediate danger to persons or property,
such as fire, explosion, or the discovery of ari explosive device
(not including a bomb threat), occupants shall be evacuated or
relocated in accordance with the plan without consultation. This
shall be accomplished by sounding the fire alarm system or by
other appropriate means.
(c) When there is advance notice of an emergency, the
Designated Official shall initiate appropriate action according
to the plan.
(d) After normal duty hours, the senior Federal official
present shall represent the Designated Official or his/her
alternates and shall initiate action to cope with emergencies in
accordance with the plans.
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? 101-20.104 Parking facilities.
(a) Parking facilities shall be compatible with the character
of neighborhoods and consistent with local planning requirements.
They shall not adversely affect the use or appearance of
property, and shall not create traffic hazards.
(b) As necessary or upon agency request, GSA may provide for
the regulation and policing of parking facilities. GSA will
consult with primary occupant agencies prior to implementing
procedural changes. Such regulation and policing may include:
(1) The issuance of traffic rules and regulations;
(2) The installation of signs and markings for traffic
control. (Signs and markings shall be in conformance with the
Manual on Uniform Traffic Control Devices published by the
Department of Transportation);
(3) The issuance of citations for parking violations; and
(4) The immobilization or removal of illegally parked
vehicles.
(c) When the use of parking space is controlled as in (b)
above, all privately owned vehicles other than those authorized
to use designated visitor or service areas must display a parking
permit. This requirement may be waived in parking facilities
where the number of available spaces regularly exceeds the demand
for such spaces.
(d) GSA may delegate the responsibility for management,
regulation, and policing of parking facilities by agreement with
occupant agencies or by contractual arrangements with lessors or
parking management contractors. Where possible, existing
contracts shall be amended or modified before renewal to conform
with the policies of this regulation.
(e) Privately owned vehicles converted for propane carburetion
will not be permitted in underground parking facilities unless
the owner provides to the occupant agency and t'he GSA buildings
manager the installer's certification that the installation
methods and equipment meet the standards in National Fire
Protection Association (NF PA) Standard No. 58.
$ 101-20.104-1 Allocation and assignment of parking for official
needs.
GSA is res onsible for ensurin the availabilit of arkin
s aces or o icial needs. GSA may, by mutual agreement,
e egate a ocation an assignment responsibilities to occupant
agencies or boards, commissions, and similar groups. GSA and
other agencies with assignment responsibilities shall determine
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the appropriate number of spaces at each facility for official
purposes; such determinations will be based upon submissions of
information from occupant agencies regarding their needs.
Parking spaces in controlled facilities shall first be reserved
for official needs, in the following order of priority:
(a) At buildings containing U.S. Postal Service mailing
operations, official postal vehicles.
(b) Government-owned vehicles used for criminal apprehension,
firefighting, and other emergency functions.
(c) Privately owned vehicles of Federal judges appointed under
Article III of the Constitution and of Members of Congress.
(This priority does not extend to members of their staffs.)
(d) Other Government-owned and -leased vehicles, including
motor pool vehicles and vehicles assigned for general use.
(e) Service vehicles and vehicles of patrons and visitors.
(Accommodations for handicapped visitors shall be provided when
necessitated by agency program requirements. Agencies are
encouraged to provide accommodations for handicapped visitors.)
? 101-20.104-2 Allocation and assignment of employee parking
spaces.
(a) Parking spaces not required for official needs may be used
for employee parking.
(b) GSA (or other agencies having assignment responsibilities)
will determine the total number of spaces available for employee
parking. Normally, a separate determination will be made for
each parking facility. In major metropolitan areas, however,
GSA and occupant agencies may ascertain that zonal allocations
would achieve more efficient use of space or equality in the
availability of parking.
(c) Space available for employee parking will be allocated for
occupant agency use on an equitable basis. Allocations may be
made in proportion to each agency's share of building space,
office space, or total employee population, as appropriate. In
certain cases, GSA may allow a third party, such as a board
composed of representatives of agencies sharing space, to
determine proper reallocations among the agencies.
(d) Agencies shall in turn assign spaces to their employees,
using the following order of priority:
(1) Severely handicapped employees. Justifications based on
medical opinion may be required.
(2) Executive personnel and persons who work unusual hours.
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(3) Vanpool/carpool vehicles.
(4) Privately owned vehicles of occupant agency employees
which are regularly used for Government business at least 12 days
per month and which qualify for reimbursement of mileage and
travel expenses under Government travel regulations.
(5) Other privately owned vehicles of employees, on a space-
available basis. (In locations where parking allocations are
made on a zonal basis, GSA and affected agencies may cooperate to
issue additional rules, as appropriate.)
S 101-20.104-3 Utilization of parking.
(a) Agencies shall develop, implement, and maintain
ridesharing programs. (Guidelines for the administration of
ridesharing programs are contained in FPMR Amendment A-36.)
(b) GSA will take,all feasible measures to improve the
utilization?of parking facilities. Such measures may include the
conducting of surveys and studies, the periodic review of parking
space allocations, the dissemination of parking information to
agencies, the implementation of parking incentives which promote
ridesharing, the use of stack parking practices where
appropriate, and the employment of parking management contractors
and concessionaires.
~ 101-20.104-4 Guidelines for agency implementation.
(a) In most instances, the assignment of individual reserved
spaces should be minimized; this allows the number of permits to
be overallocated and results in increased efficiency.
(b) In order to promote fuel conservation, reduce traffic
congestion, reduce the demand for parking spaces, and reduce air
pollution, agencies are encouraged to make available as many
parking spaces as possible for the use of vanpools/carpools.
(c) Agency procedures for the assignment of parking spaces
should be maintained in writing. Provisions for reviewing
assignments, enforcing compliance with regulations, and enforcing
penalties for misrepresentation on applications are also
recommended.
(d) Occupant agencies should make every effort to schedule
arrival and departure times for employees to facilitate
ridesharing.
(e) Subject to the availability of satisfactory and secure
space and facilities, agencies should reserve areas for the
parking of bicycles and other two-wheeled vehicles. Bicycles
should not be transported on elevators or via stairways, nor
should they be parked in offices.
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(f) Implementation of the provisions of this regulation may
require consultation, as appropriate, with recognized labor
organizations.
S 101-20.105 Accident and fire prevention.
Standards for GSA-assigned space will conform to those
presented by the Occupational Safety and Health Act (OSHA) of
1970 (Public Law 91-596); Executive Order 12196; and 29 CFR 1960.
Occupants and visitors will not be exposed to unnecessary risks.
Safeguards which minimize personal harm, property damage, and
impairment of Governmental operations, and which allow emergency
forces to accomplish their missions effectively, will be
provided. To the maximum extent feasible, GSA will provide space
which meets or exceeds these objectives.
~ 101-20.105-1 Responsibilities of occupant agencies.
(a) Each occupant agency shall maintain a neat and orderly
facility to"minimize the risk of accidental injuries and fires.
All exits, accesses to exits, and accesses to emergency equipment
shall be kept clear at all times.
(b) Hazardous explosive or combustible materials shall not be
brought into buildings unless authorized by appropriate agency
officials and by GSA and unless protective arrangements
determined necessary by GSA have been provided. All draperies,
curtains, or other hanging materials shall be of non-combustible
or flame-resistant fabric. Freestanding partitions and space
dividers shall be limited combustible, and fabric coverings shall
also be flame resistant.
(c) Occupant agencies shall cooperate with GSA to develop and
maintain fire prevention programs. Such programs shall ensure
the maximum safety of the occupants by:
(1) Training employees to use protective equipment and
educating employees to take appropriate fire safety precautions
in their work, including participating in at least one fire drill
each year, and
(2) Ensuring that facilities are kept in the safest condition
practicable, and conducting periodic inspections in accordance
with Executive Order 12196 and 29 CFR 1960.
(d) Accidents resulting from building system or maintenance
deficiencies which involve personal injury or property damage in
GSA-assigned space will be reported immediately to the GSA
buildings manager.
(e) Each occupant agency shall appoint a safety, health and
fire protection liaison to represent the occupant agency with
GSA .
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? 101-20.105-2 Correction of hazardous conditions.
(a) GSA is responsible for correcting hazards associated with
the condition of the space it assigns, including hazards related
to building features, fixtures, and systems. GSA is also respon-
sible for correcting hazards in common, joint, and public use
spaces. Occupant agencies are responsible for correcting hazards
associated with their use of assigned space, including those
related to the operation of their program equipment.
(b) Hazardous conditions within the occupant agency's
responsibility to correct shall be corrected within 30 workdays
when possible. Imminently dangerous conditions shall be
corrected immediately upon their discovery. If more than 30
workdays are required for correction, an abatement plan shall be
prepared in accordance with 29 CFR 1960. Corrective alteration
measures may be undertaken in accordance with ? 101-20.106,
Reimbursable services.
(c) Condi"tions within GSA's responsibility to correct shall be
identified, documented and presented to the GSA buildings
manager. Imminently dangerous conditions shall be corrected
immediately upon their discovery. When an imminently dangerous
condition as defined by 29 CFR 1960.28 exists, this report shall
be made by telephone. Upon receipt of a properly documented
report of hazardous conditions, GSA will promptly investigate,
determine a plan to resolve the problems, and inform the occupant
agency. Such reports shall state the hazardous condition and
cite references to specific OSHA standards violated. In cases
involving health problems, an industrial hygiene survey report
shall also be required. When resolution will take more than 30
workdays, GSA shall prepare an abatement plan in accordance with
29 CFR 1960, shall furnish this plan to the occupant agency for
review and subsequent follow-up, and shall give priority to
prompt abatement of the conditions.
~ 101-20.105-3 Smoking .
It is the responsibility of GSA to promulgate smoking
regulations for GSA-controlled property.
(a) Smoking is prohibited in the following areas:
(1) Auditoriums, classrooms, and conference rooms. Agency
heads may grant exceptions on a case-by-case basis for space
assigned to them.
(2) Elevators.
(3) Shuttle vehicles.
(4) Hazardous areas. Agencies shall post and enforce "no
smoking" rules for any areas where flammable liquids, flammable
gases, or other concentrations of volatile materials are present.
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(b) GSA and occupant agencies shall cooperate in the desig-
nation of "smoking" and "no smoking" areas in GSA-controlled
facilities.
(1) Smoking is permitted in non-stack areas of libraries which
are designated as "smoking" areas.
(2) "No smoking" areas shall be established in cafeterias.
The areas so designated shall be based upon estimates of the
numbers of smoking and non-smoking patrons, adjusted on the basis
of experience.
(3) Waiting areas and reception areas shall be divided into
"smoking" and "no smoking" areas where size permits.
(4) Smoking in medical care facilities shall be restricted to
staff lounges, private offices, and specifically designated
areas.
(5) The designation of "smoking" and "no smoking" work areas
in open space is encouraged and its feasibility should be
evaluated. Work stations shall be assigned to accommodate
employee preference where practical, provided that work
efficiency is not impaired and additional space, alterations, or
additional equipment are not required.
(6) Employees occupying an office may unanimously declare that
office a "no smoking" area.
(7) In all determinations of "smoking" and "no smoking" areas,
policymakers shall endeavor to maintain an equitable balance
between the rights of smokers and those of non-smokers.
(c) Enforcement.
(1) GSA has responsibility for enforcing smoking regulations
in public areas and in joint-use areas.
(2) Enforcement of smoking regulations within areas assigned
to an occupant agency is the responsibility of the agency heads.
Occupant agencies shall provide such additional guidelines and
administrative procedures as-are necessary for effective
enforcement and for resolutions of complaints and disputes.
(3) The organization which has enforcement responsibility in
an area shall provide "smoking" or "no smoking" signs and
ashtrays as appropriate.
S 101-20.106 Reimbursable services.
Services in addition to those standard level services
prescribed in ?? 101-20.101 through 20.105 may be provided or
arranged for by GSA on a reimbursable basis.
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(a) Specialized security services beyond standard levels, such
as guarding, ingress-egress control, inspection of packages,
directed security patrols, physical security surveys, and other
similar activities;
(b) Design, installation, maintenance, and operation of
electronic systems such as intrusion-detection devices, duress-
holdup alarms, and remote monitoring systems;
(c) Utilities for specialized equipment, or for times when
space conditioning beyond standard levels is required;
(d) Construction and/or alterations necessary for installation
of agency program equipment;
(e) Space_ adjustments requested by an occupant agency for its
convenience in moving activities within its already assigned
space;
(f) Janitorial and other services over and above standard
levels;
(g) Space alterations beyond the standard level provided by
GSA;
(h) Construction, installation, operation, maintenance, and
repair of agency program equipment, and space adjustments
required as a result of such installations;
(i) Services of motion picture operators and other tech-
nicians required in the use of auditoriums, conference rooms, and
special agency equipment; and
(j) Office design, space planning, and office automation
installation support and services.
? 101-20.106-1 Placing of orders for reimbursable alterations by
occupant agencies. .
(a) Where GSA has indefinite quantity contracts and/or unit
price agreements available for accomplishment of space
alterations in Government-owned and -leased buildings, agencies
should order against these contracts and agreements, except when
it is not in the Government's best interest. Agencies wishing to
use this authority shall submit names of their proposed ordering
officials to the GSA buildings manager, who will submit them to
the GSA contracting officer. The contracting officer shall
designate in writing the ordering officials and will authorize
the contractor to accept orders from the designated ordering
officials. The GSA contracting officer shall advise the
agencies' ordering officials in writing of their
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responsibilities, authorities, and limitations under these
contracts and agreements.
(b) No individual order, or combination of orders for a single
alteration project, shall exceed $25,000; and agencies shall not
split orders so as to circumvent this limitation.
(c) For all orders placed against GSA contracts or agreements,
agency ordering officials shall obtain prior written approval of
the GSA buildings manager and provide a copy of the ordering
document and final payment document to the GSA buildings manager.
Agencies are responsible for inspecting and certifying
satisfactory completion of the work, and for ensuring contractor
compliance with contract provisions. The final payment document
shall be supported by GSA Form 1142, Release of Claims; GSA Form
2419, Certification of Payments to Subcontractors and Suppliers;
and certification that the work has been inspected and accepted.
(d) Agencies may not negotiate with contractors for items not
specifically priced under indefinite quantity contracts and/or
price agreements.
(e) Where no GSA contracts or agreements are in effect, an
agency may contract directly for services up to a maximum of
$25,000 per project after obtaining written approval of the GSA
buildings manager. Agencies contracting directly must provide
the GSA buildings manager with complete documentation of the
scope of work and contract specifications at the time of
submission for approval. Agencies shall be responsible for
inspecting and certifying satisfactory completion of the ordered
work. All work must conform to GSA fire and safety standards.
As-built drawings must be submitted to the GSA buildings manager
with 30 days of completion of the work .
? 101-20.106-2 Limitations on provision of reimbursable services
by GSA.
In order to reduce processing costs of documents and to improve
efficiency of service delivery, requests for reimbursable work to
be performed or arranged by GSA may be subject to the following
requirements:
(a) Individual work authorizations (e.g., GSA Form 2957's) for
which total expenses as estimated by GSA are less than $500 need
not be processed by GSA, but may be returned to the requesting
agency. Unless the work is required to correct an unhealthful or
unsafe condition, occcupant agencies may be required to hold all
such requests until the reimbursable work in question can be
aggregated into a single request for at least $500.
(b) The restrictions of paragraph (a) above are not mandatory,
but may be applied by GSA when their application is in the best
interests of the Government from the standpoint of cost
effectiveness.
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(c) The restrictions of paragraph (a) above do not apply to
orders placed against existing blanket or open-end authorizations
which exceed $500 and which show obligated and unused fund
balances sufficient to perform the work.
(d) Agencies requesting reimbursable services are responsible
for verifying and approving GSA estimates within 30 calendar days
following submission of such estimates to the requester. Reim-
bursable work requests for which estimates have not been approved
within 30 days will be canceled.
? 101-20.107 Energy conservation.
Agencies shall comply with the energy conservation guidelines
set forth in 10 CFR Part 436 (Federal Energy Management and
Planning Programs; Guidelines for Energy Management in General
Operations of the Federal Government) and shall observe the
energy conservation policies cited herein.
(a) Agencies shall ensure that lights and equipment are turned
off when not needed, that ventilation is not blocked or impeded,
and that windows and other building accesses are closed during
the heating and cooling seasons.
(b) Except where special circumstances exist, illumination
levels shall be maintained as near as is practical to the
following standards:
(1) 50 foot-candles at work station surfaces, measured at a
height of 30 inches above floor level, during working hours.
(For visually difficult or critical tasks, additional lighting
may be authorized by the GSA buildings manager or by agencies
that have been given delegated authority to perform buildings
management functions.);
(2) 30 foot-candles in work areas during working hours,
measured at 30 inches above floor level;
(3) 10 foot-candles, but not less than 1 foot-candle, in non-
work areas, sufficient to ensure safety in non-work areas during
working hours. (Normally this will require levels of 5 foot-
candles at elevator boarding areas, minimum of 1 foot-candle at
the middle of corridors and stairwells as measured at the walking
surface, and 10 foot-candles in storage areas.); and
(4) Other lighting essential for safety and security purposes,
including exit signs and exterior lights, shall be maintained.
(c) Within the limitations of the building systems, heating
and cooling systems shall be operated in the most overall energy
efficient and economical manner.
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(1) Thermostats shall be set to maintain temperatures no leis
than ~5? to 70?F during the heating season and no more than 76
to 80 F during the cooling season. During non-working hours,
heating temperatures shall be set no higher than 55 F and air
conditioning will not be provided. Temperatures in warehouses,
loading docks, inspection facilities, and other similar spades
subject to external traffic shall be adjusted lower than 65 F
depending upon the type of occupancy and activity.
(2) The locations used for measurement of temperatures to
determine compliance will be representative of the spaces to be
heated or cooled.
(3) workstations which are the most adversely affected may be
the basis for establishing the temperature levels throughout that
portion of the building.
(4) Reheating, humidification, and simultaneous heating and
cooling shall not be permitted.
(5) During extreme weather conditions, building systems shall
be operated as necessary to protect the physical condition of the
building.
(d) The operation of portable heaters, fans, and other such
devices in Government controlled space is prohibited unless
authorized by the GSA buildings manager or by agencies that have
been given delegated authority to perform buildings management
functions.
(e) Within limitations of building systems, ventilation will
be provided in the most cost effective manner. During working
hours, 5 cubic feet per minute, per person, will be the minimum
provided during periods of heating or cooling. Outside air may
be used as appropriate to allow "less expensive cooling."
(f) Energy standards for existing buildings will be no less
stringent than those prescribed by the American Society of
Heating, Refrigerating, and Air Conditioning Engineers and the
Illuminating Engineering Society of North America in ASHRAE/IES
Standard 9OA-1980 as amended by Department of Energy (DOE).
These energy standards are applicable where they can be achieved
through life cycle, cost effective actions.
(g) Exceptions to the foregoing policies may be necessary for
specialized requirements or for agencies to accomplish their
missions more effectively and efficiently. Such exceptions may
be granted by the GSA buildings manager or by agencies that have
been given delegated authority to perform buildings management
functions.
(h) Contracting officers shall ensure that all new lease
contracts are in conformance with the policies prescribed in this
?101-20.107. Existing lease contracts shall be administered in
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accordance with these policies to the maximum extent feasible.
? 101-20.108 Staggered hours of duty.
(a) The GSA Regional Administrator, National Capital Region,
is responsible for putting into effect the policy of maintaining
staggered duty hours in Metropolitan Washington, DC. For
purposes of this regulation, "Metropolitan Washington" means the
Washington Standard Metropolitan Statistical Area (SMSA) as
defined by the Department of Commerce.
(b) Any agency planning a change in its schedule of duty hours
which will affect 50 or more employees shall submit the changes
to the GSA Regional Administrator, (WA) Washington, DC, 20407,
for approval prior to implementation. The agency shall indicate
the number of employees affected, the present and proposed hours
of duty, and the reasons for the change in schedule. The agency
shall also coordinate with the employees and their union(s) to
determine the percentage of employees in favor of the proposed
change.
(c) The GSA Regional Administrator, National Capital Region,
shall coordinate the proposed change with appropriate authorities
to ensure that the change will not create congestion or
disruptions in traffic or transportation flow patterns.
(d) GSA and other Federal agencies may also consider the
advisability of establishing staggered duty hours in areas
outside Metropolitan Washington where major concentrations of
Federal employees exist.
? 101-20.109 Concessions.
(a) The provisions of this section do not apply to blind
vending facilities operated under the Randolph-Sheppard Act (20
U.S.C. 107 et seq.); regulations governing this program are
contained in Subpart 101-20.2.
(b) GSA is responsible for the planning, provision, and
administration of essential concessions in buildings under its
control. GSA will enter into and award concessions contracts,
provide suitable space and facilities, if required, and
administer applicable inspection and oversight functions.
Officials of occupant agencies shall convey concerns to GSA and
shall not instruct concessionaires regarding their operations.
(c) Subject to the availability of space, prior to
establishing concessions, GSA will ensure that:
(1) The proposed concession will offer only essential services
which are needed by employees, and which cannot be conveniently
obtained from existing facilities, (Consultation will be held
with occupant agencies.);
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(2) The proposed concession will be established and operated
in conformance with applicable policies, safety, health, and
sanitation codes, laws, regulations, etc., and will not
contravene the terms of any lease or other contractual
arrangement;
(3) Sufficient funds are legally available to cover all costs
for which the Government may be responsible; and
(4) All contracts will be financially self-supporting and not
compete with nearby commercial enterprise.
SUBPART 101-20.2--VENDING FACILITY PROGRAM FOR BLIND PERSONS
~ 101-20.200 Scope of subpart.
This subpart contains the policy and procedures for ensuring
the priority of blind vendors in operating vending facilities on
GSA-controlled property.
? 101-20.201 Policy.
Blind vendors licensed by State licensing agencies designated
by the Secretary of Education under the provisions of the
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) shall be given
priority in the location and operation of vending facilities,
including vending machines, on GSA-controlled property provided
the location or operation of such facility would not adversely
affect the interests of the United States. Blind vendors shall
also be given priority on GSA-controlled property in the
operation of cafeterias according to 34 CFR 395.33.
~ 101-20.202 Establishing vending facilities.
(a) GSA shall not acquire a building by ownership, rent, or
lease, or occupy a building to be constructed, substantially
altered, or renovated unless it is determined that such buildings
contain or will contain a "satisfactory site" as defined in 34
CFR 395.1q, for the location and operation of a blind vending
facility.
(b) In accordance with 34 CFR 395.31, GSA shall provide the
appropriate State licensing agency with written notice of its
intention to acquire or otherwise occupy such building.
Providing notification shall be the responsibility of the
Buildings Management Division, GSA.
? 101-20.203 Application for permit.
Applications for permits for the operation of vending
facilities other than cafeterias shall be made in writing on the
appropriate form, and submitted for the review and approval of
GSA.
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~ 101-20.204 Terms of permit.
Every permit shall describe the location of the vending
facility including any vending machines located on other than the
facility premises and shall be subject to the following
provisions:
(a) The permit shall be issued in the name of the applicant
State licensing agency which shall:
(1) Prescribe such procedures necessary to assure that in the
selection of vendors and employees for vending facilities there
shall be no discrimination because of sex, race, age, creed,
color, national origin, physical or mental disability, or
political affiliation; and
(2) Take the necessary action to assure that vendors do not
discriminate against any persons in furnishing, or by refusing to
furnish, to such person or persons the use of any vending
facility, including any and all services, privileges,
accommodations, and activities provided thereby, and comply with
Title VI of the Civil Rights Act of 1964 and GSA regulations
issued pursuant thereto.
(b) The permit shall be issued for an indefinite period of
time subject to suspension or termination on the basis of
compliance with agreed upon terms.
(c) The permit shall provide that:
(1) No charge shall be made to the State licensing agency for
normal cleaning, maintenance, and repair of the building
structure in and adjacent to the vending facility areas;
(2) Cleaning necessary for sanitation, and the maintenance of
vending facilities and vending machines in an orderly condition
at all times, and the installation, maintenance, repair,
replacement, servicing, and removal of vending facility equipment
shall be without cost to GSA; and
(3) Articles sold at vending facilities operated by blind
licensees may consist of newspapers, periodicals, publications,
confections, tobacco products, foods, beverages, chances for any
lottery authorized by State law and conducted by an agency of a
State within such State, and other articles or services as are
determined by the State licensing agency, in consultation with
GSA to be suitable for a particular location. Such articles and
services may be dispensed automatically or manually and may be
prepared on or off the premises.
(d) The permit shall further provide that vending facilities
shall be operated in compliance with applicable health,
sanitation, and building codes or ordinances.
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(e) The permit shall further provide that installation,
modification, relocation, removal, and renovation of vending
facilities shall be subject to the prior approval and supervision
of the Director, Buildings Management Division, GSA, and the
State licensing agency; that costs of relocations initiated by
the State licensing agency shall be paid by the State licensing
agency; that costs of relocations initiated by .the Director,
Buildings Management Division, shall be paid by GSA; and that all
plumbing, electrical, and mechanical costs related to the
renovation of existing facilities shall be paid by GSA.
(f) The operation of a cafeteria by a blind vendor shall be
covered by a contractual agreement and not by a permit. The
State licensing agency shall be expected to perform under the
same contractual arrangement applicable to commercial cafeteria
operators.
? 101-20.205 Enforcement procedures.
(a) The State licensing agency shall attempt to resolve day-
to-day problems pertaining to the operation of the vending
facility in an informal manner with the participation of the
blind vendor and the buildings manager.
(b) Unresolved disagreements concerning the terms of the
permit, the Act, or the regulations in this part and any other
unresolved matters shall be reported in writing to the State
licensing agency supervisory personnel by the GSA regional office
in an attempt to resolve the issue.
? 101-20.206 Reports.
At the end of each fiscal year, GSA shall report to the
Secretary of Education the total number of applications for
vending facility locations received from State licensing
agencies, the number accepted, the number denied, the number
still pending, the total amount of vending machine income
collected, and the amount of such vending machine income
disbursed to the State licensing agency in each State.
SUBPART 101-20.3--CONDUCT ON FEDERAL PROPERTY
~ 101-20.300 Applicability.
These rules and regulations apply to all property under the
charge and control of the General Services Administration and to
all persons entering in or on such property. Each occupant
agency shall be responsible for the observance of these rules and
regulations.
S 101-20.301 Inspection.
Packages, briefcases, and other containers brought into, while
on, or being removed from the property are subject to inspection.
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A full search of a person may accompany an arrest.
S 101-20.302 Admission to property.
Property shall be closed to the public during other than normal
working hours. The closing of property will not apply to that
space in those instances where the Government has approved the
after-normal-working-hours use of buildings or portions thereof
for activities authorized by Subpart 101-20.4. During normal
working hours, property shall be closed to the public only when
situations require this action to ensure the orderly conduct of
Government business. The decision to close the property shall be
made by the designated official under the Occupant Emergency
Program after consultation with the buildings manager and the
ranking representative of the Federal Protective Service Division
responsible for protection of the facility or the area. This
requirement does not preempt the authority of the Regional
Director, Federal Protective Service Division, or any other
authorized GSA official to effect a security alert of a facility
in accordance~~with GSA Order, Physical Security of Buildings
Alert Guidelines (PBS 5930.16), dated February 20, 1976. This
action shall be coordinated with the designated official. The
designated official is defined in ? 101-20.003-7 as the highest
ranking official of the primary occupant agency, or the alternate
highest ranking official or designee selected by mutual agreement
by other occupant agency officials. When property, or a portion
thereof, is closed to the public, admission to this property, or
a portion, will be restricted to authorized persons who shall
register upon entry to the property and shall, when requested,
display Government or other identifying credentials to the
Federal Protective Officers or other authorized individuals when
entering, leaving, or while on the property. Failure to comply
with any of the above applicable provisions is a violation of
these regulations.
S 101-20.303 Preservation of property.
The improper disposal of rubbish on property; the willful
destruction of or damage to property; the theft of property; the
creation of any hazard on property to persons or things; the
throwing of articles of any kind from or at a building or the
climbing upon statues, fountains, or any part of the building, is
prohibited.
~ 101-20.304 Conformity with signs and directions.
Persons in and on property shall at all times comply with
official signs of a prohibitory, regulatory, or directory nature
and with the direction of Federal Protective Officers and other
authorized individuals.
Any unwarranted loitering, disorderly conduct, or other conduct
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on property which creates loud or unusual noise or a nuisance;
which unreasonably obstructs the usual use of entrances, foyers,
lobbies, corridors, offices, elevators, stairways, or parking
lots; which otherwise impedes or disrupts the performance of
official duties by Government employees; or which prevents the
general public from obtaining the administrative services
provided on the property in a timely manner, is prohibited.
$ 101-20.306 Gambling.
Participating in games for money or other personal property or
the operating of gambling devices, the conduct of a lottery or
pool, or the selling or purchasing of numbers tickets, in or on
property is prohibited. This prohibition shall not apply to the
vending or exchange of chances by licensed blind operators of
vending facilities for any lottery set forth in a State law and
authorized by section 2(a)(5) of the Randolph-Sheppard Act (20
U.S.C. 107, et seq.)
~ 101-20.307 "Alcoholic beverages and narcotics.
Operation of a motor vehicle while on the property by a person
under the influence of alcoholic beverages, narcotic drugs,
hallucinogens, marijuana, barbiturates, or amphetamines is
prohibited. Entering upon the property, or while on the
property, under the influence of or using or possessing any
narcotic drug, hallucinogen, marijuana, barbiturate, or
amphetamine is prohibited. The prohibition shall not apply in
cases where the drug is being used as prescribed for a patient by
a licensed physician. Entering upon the property, or being on
the property, under the influence of alcoholic beverages is
prohibited. The use of alcoholic beverages on property is
prohibited except, upon occasions and on property upon which the
head of the responsible agency or his or her designee has for
appropriate official uses granted an exemption in writing. The
head of the responsible agency or his or her designee shall
provide a copy of all exemptions granted to the buildings manager
who shall inform the Federal Protective Officer, or other
authorized officials, responsible for the security of the
property.
? 101-20.308 Soliciting, vending, and debt collection.
Soliciting alms, commercial or political soliciting, and
vending of all kinds, displaying or distributing commercial
advertising, or collecting private debts on GSA-controlled
property is prohibited. This rule does not apply to (a) national
or local drives for funds for welfare, health, or other purposes
as authorized by the "Manual on Fund Raising Within the Federal
Service," issued by the U. S. Office of Personnel Management under
Executive Order 10927 of March 18, 1961, and sponsored or
approved by the occupant agencies; (b) concessions or personal
notices posted by employees on authorized bulletin boards; (c)
solicitation of labor organization membership or dues authorized
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by occupant agencies under the Civil Service Reform Act of 1978
(Pub. L. 95-454); and (d) lessee, or its agents and employees,
with respect to space leased for commercial, cultural,
educational, or recreational use under the Pubic Buildings
Cooperative Use Act of 1976 (40 U.S.C. 490(a)(16)). Public areas
of GSA-controlled property may be used for other activities
permitted in accordance with Subpart 101-20.4.
$ 101-20.309 Posting and distributing materials.
Posting or affixing materials, such as pamphlets, handbills, or
flyers, on bulletin boards or elsewhere on GSA-controlled
property is prohibited, except as authorized in ~ 101-20.308 or
when these displays are conducted as part of authorized
Government activities. Distribution of materials, such as
pamphlets, handbills, or flyers, is prohibited, except in the
public areas of the property as defined in ~ 101-20.003-26,
unless conducted as part of authorized Government activities.
Any person or organization proposing to distribute materials in a
public area under this section shall first obtain a permit from
the buildings manager under Subpart 101-20.4 and shall conduct
distribution in accordance with the provisions of Subpart 101-
20.4. Failure to comply with those provisions is a violation of
these regulations.
~ 101-20.310 Photographs for news, advertising, or commercial
purposes.
Photographs may be taken in space occupied by a tenant agency
only with the consent of the occupying agency concerned. Except
where security regulations apply or a Federal court order or rule
prohibits it, photographs for news purposes may be taken in
entrances, lobbies, foyers, corridors, or auditoriums when used
for public meetings. Subject to the foregoing prohibitions,
photographs for advertising and commercial purposes may be taken
only with written permission of an authorized official of the
agency occupying the space where the photographs are to be taken.
? 101-20.311 Dogs and other animals.
Dogs and other animals, except seeing eye dogs.or other guide
dogs, shall not be brought upon property for other than official
purposes.
S 101-20.312 Vehicular and pedestrian traffic.
(a) Drivers of all vehicles entering or while on property
shall drive in a careful and safe manner at all times and shall
comply with the signals and directions of Federal protective
officers or other authorized individuals and all posted traffic
signs;
(b) The blocking of entrances, driveways, walks, loading
platforms, or fire hydrants on property is prohibited; and
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(c) Except in emergencies, parking on property is not allowed
without a permit. Parking without authority, parking in
unauthorized locations or in locations reserved for other
persons, or parking contrary to the direction of posted signs is
prohibited. Vehicles parked in violation, where warning signs
are posted, shall be subject to removal at the owners' risk and
expense. This paragraph may be supplemented from time to time
with the approval of the Regional Administrator by the issuance
and posting of such specific traffic directives as may be
required, and when so issued and posted such directives shall
have the same force and effect as if made a part hereof. Proof
that a motor vehicle was parked in violation of these regulations
or directives may be taken as prima facie evidence that the
registered owner was responsible for the violation.
? 101-20.313 Weapons and explosive.
No person entering or while on property shall carry or possess
firearms, other dangerous or deadly weapons, explosives, or items
intended to be used to fabricate an explosive or incendiary
device, either openly or concealed, except for official purposes.
There shall be no discrimination by segregation or otherwise
against any person or persons because of race, creed, sex, color,
or national origin in furnishing or by refusing to furnish to
such person or persons the use of any facility of a public
nature, including all services, privileges, accommodations, and
activities provided thereby on the property.
? 101-20.315 Penalties and other laws.
Whoever shall be found guilty of violating any rule or
regulation in this Subpart 101-20.3 while on any property under
the charge and control of GSA is subject to a fine of not more
than $50 or imprisonment of not more than 30 days, or both, (See
40 U.S.C. 318c.) Nothing in these rules and regulations shall be
construed to abrogate any other Federal laws or regulations or
any State and local laws and regulations applicable to any area
in which the property is situated.
S 101-20.400 Scope of subpart.
SS 101-20.401 through 101-20.408 establish rules and
regulations for the occasional use of public areas for cultural,
educational and recreational activities as provided by the Public
Buildings Cooperative Use Act of 1976 (P.L. 94-541).
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S 101-20.401 Applications for permits.
(a) Any person or organization desiring to use a public area
shall file an application for permit with the GSA Buildings
Manager. Such application shall be made on a form provided by
GSA and shall be submitted in the manner specified by GSA.
(b) The following information is required:
(1) Full names, mailing addresses, and telephone numbers of
the applicant, the organization sponsoring the proposed activity,
and the individual(s) responsible for supervising the activity;
(2) Documentation showing that the applicant has authority to
represent the sponsoring organization;
(3) A description of the proposed activity, including the
dates and times during which it is to be conducted and the number
of persons to be involved.
(c) If the proposed activity constitutes a use of a public
area for soliciting funds, the applicant shall also submit a
signed statement that:
(1) The applicant is a representative of and will be
soliciting funds for the sole benefit of, a religion or religious
group; or
(2) The applicant's organization has received an official
ruling of tax-exempt status from the Internal Revenue Service
under 26 U.S.C. ?501; or, alternatively, that an application for
such a ruling is still in process.
(a) A permit shall be issued by GSA within 10 working days
following its receipt of the completed applications. A permit
shall not be issued for a period of time in excess of 30 calendar
days, unless specifically approved by the regional officer.
After the expiration of a permit, a new permit may be issued upon
submission of a new application; in such a case,,,applicants may
incorporate by reference all required information filed with the
prior application.
(b) When more than one permit is requested for the same area
and times, permits will be issued on a first-come, first-served
basis.
~ 101-20.403 Disapproval of applications or cancellation of
permits.
(a) GSA shall disapprove any application or cancel an issued
permit if:
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(1) The applicant has failed to submit all information
required under ? 101-20.401 above, or has falsified such
information;
(2) The proposed use is a commercial activity as defined in ?
101-20.003-4;
(3) The proposed use interferes with access to the public
area, disrupts official Government business, interferes with
approved uses of the property by tenants or by the public, or
damages any property;
(4) The proposed use is intended to influence or impede any
pending judicial proceeding;
(5) The proposed use is obscene within the meaning of
obscenity as defined in 18 U.S.C. ?? 1461-65; or
(6) The proposed use is violative of the prohibition against
political solicitations in 18 U.S.C. ?607.
(b) Upon disapproving an application or cancelling a permit,
GSA shall promptly notify the applicant or permittee of the
reasons for the action, and shall inform the applicant or
permittee of his/her appeal rights under ? 101-20.404.
? 101-20.404 Appeals.
(a) A disapproval of application or cancellation of issued
hermits may be appealed to the GSA Regional Officer (as defined
in ? 101-20.003-13) within 5 calendar days of the notification of
disapproval or cancellation. Notices of appeal must be made in
writing .
(b) On appeal, the applicant or permittee and the GSA
buildings manager shall have opportunity to orally state their
positions on the issues. Written materials may also be
submitted.
(c) The GSA Regional Officer shall affirm or reverse the GSA
building manager's decision, based on the information submitted,
within 10 calendar days of the date on which the Regional Officer
received notification of the appeal. If the decision is not
rendered within 10 days, the application will be considered to be
approved or the permit validly issued. The Regional Officer will
promptly notify the applicant or permittee and the buildings
manager of the decision and the reasons therefor.
? 101-20.405 Schedules of use.
Nothing in these regulations shall prevent GSA from reserving
certain time periods for use of public areas for official
Government business; from setting aside certain time periods for
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maintenance, repair, and construction; or from permitting a
previously approved use for official Government business.
? 101-20.406 Hours of use.
Public areas may be used during or after regular working hours
of Federal agencies, provided that such uses will not interfere
with Government business. When public areas are used by
permittees after normal working hours, all adjacent areas not
approved for such use shall be locked, barricaded, or identified
by signs, as appropriate, to restrict permittees' activities to
approved areas.
~ 101-20.407 Services and costs.
(a) Costs. The space to be provided under these regulations
is furnished free of charge. Services normally provided at the
building in question, such as security, cleaning, heating,
ventilation, and air-conditioning, shall also be provided free of
charge by GSA. The applicant shall be requested to reimburse GSA
for services over and above those normally provided. If the
applicant desires to provide services, such as security and
cleaning, this request must be approved by the GSA Regional
Officer. GSA may provide the services free of charge if the cost
is insignificant and if it is in the public's interest.
(b) Alterations. Permittees shall make no alterations to
public areas except with prior approval of GSA. Such approval
shall not be given unless GSA determines that changes in a
building should be made to encourage and aid in the proposed use.
Permittees making alterations must make provisions to ensure the
safety of users and the prevention of damage to property.
(c) Permittees are responsible for furnishing items such as
tickets, audiovisual equipment, etc., which are necessary for the
proposed use.
S 101-20.408 Conduct.
(a) Permittees are subject to all rules and regulations
governing conduct on Federal property as set forth in Subpart
101-20.3. In addition, a permittee shall:
(1) Not misrepresent his or her identity to the public;
(2) Not conduct any activities in a misleading or fraudulent
manner;
(3) Not discriminate on the basis of race, creed, color, sex
or national origin in conducting activities;
(4) Not distribute any item, nor post or otherwise affix any
item, for which prior approval under ? 101-20.401 has not been
obtained;
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(5) Not leave leaflets or other materials unattended on the
property; and
(6) Not engage in activities which would interfere with the
preferences afforded blind licenses under the Randolph-Sheppard
Act (20 U.S.C. 107).
(b) Permittees engaging in the solicitation of funds as
authorized by ~ 101-20.401 shall display identification badges
while on Federal property. Each badge shall indicate the
permittee's name, address, telephone number, and organization.
? 101-20.409 Non-affiliation with the Government.
The General Services Administration reserves the right to
advise the public through signs or announcements of the presence
of any permittees and of their nonaffiliation with the Federal
Government.
SUBPART 101-20.5--SIDEWALK INSTALLATION, REPAIR, AND REPLACEMENT
? 101-20.500 Scope of subpart.
This subpart contains the regulations governing the
installation, repair, and replacement of sidewalks around
buildings, installations, properties, or grounds under the
control of executive agencies and owned by the United States
within the 50 States, the District of Columbia, the Commonwealth
of Puerto Rico, and the territories and possessions of the United
States, by reimbursement to a State or political subdivision
thereof, the District of Columbia, the Commonwealth of Puerto
Rico, or the territory or possession of the United States. They
are issued with the approval of the Director of the Office of
Management and Budget.
S 101-20.501 Responsibilities.
Upon prior consent of the property-holding agency, the State in
which the property lies may perform or arrange for the
installation, repair, and replacement of sidewalks, and obtain
reimbursement therefor from the property-holding agency, or, if
mutually agreed upon, the property-holding agency may contract or
otherwise arrange for and pay directly for such installation,
repair, and replacement.
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S 101-20.502 Standards.
Sidewalks shall be installed, repaired, or replaced with due
consideration to the standards and specifications prescribed by
the State or political subdivision thereof. Aowever, where the
property-holding agency determines that it is necessary, in order
to achieve or retain architectural harmony with the surroundings,
the property-holding agency may prescribe other standards and
specifications.
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