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102-83.5 | What is the scope of this part? |
102-83.10 | What basic location of space policy governs an executive agency? |
102-83.15 | Is there a general hierarchy of consideration that agencies must follow in their utilization of space? |
102-83.20 | What is a delineated area? |
102-83.25 | Who is responsible for identifying the delineated area within which a Federal agency wishes to locate specific activities? |
102-83.30 | In addition to its mission and program requirements, are there any other issues that Federal agencies must consider in identifying the delineated area? |
102-83.35 | Are executive agencies required to consider whether the central business area will provide for adequate competition when acquiring leased space? |
102-83.40 | Who must approve the final delineated area? |
102-83.45 | Where may executive agencies find guidance on appealing GSA's decisions and recommendations concerning delineated areas? |
102-83.50 | What is the Rural Development Act? |
102-83.55 | What is a rural area? |
102-83.60 | What is an urbanized area? |
102-83.65 | Are executive agencies required to give first priority to the location of new offices and other facilities in rural areas? |
102-83.70 | What is Executive Order 12072? |
102-83.75 | What is Executive Order 13006? |
102-83.80 | What is an urban area? |
102-83.85 | What is a central business area? |
102-83.90 | Do Executive Orders 12072 and 13006 apply to rural areas? |
102-83.95 | After an agency has identified that its geographic service area and delineated area are in an urban area, what is the next step for an agency? |
102-83.100 | Why must agencies consider available space in properties under the custody and control of the U.S. Postal Service? |
102-83.105 | What happens if there is no available space in non-historic buildings under the custody and control of the U.S. Postal Service? |
102-83.110 | When an agency's mission and program requirements call for the location in an urban area, are executive agencies required to give first consideration to central business areas? |
102-83.115 | What is a central city? |
102-83.120 | What happens if an agency has a need to be in a specific urban area that is not a central city in a metropolitan area? |
102-83.125 | Are executive agencies required to give preference to historic properties when acquiring leased space? |
102-83.5 What is the scope of this part?
The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.
102-83.10 What basic location of space policy governs an executive agency?
Each executive agency is responsible for identifying its geographic service area and the delineated area within which it wishes to locate specific activities, consistent with its mission and program requirements, and in accordance with all applicable statutes, regulations and policies.
Yes, Federal agencies must follow the hierarchy of consideration identified in section 102-79.55 of this chapter.
102-83.20 What is a delineated area?
Delineated area means the specific boundaries within which space will be obtained to satisfy an agency space requirement.
Each Federal agency is responsible for identifying the delineated area within which it wishes to locate specific activities, consistent with its mission and program requirements, and in accordance with all applicable laws, regulations, and Executive orders.
Yes, Federal agencies must also consider real estate, labor, and other operational costs and applicable local incentives when identifying the delineated area.
In accordance with the Competition in Contracting Act of 1984 (CICA), as amended (41 U.S.C. 253(a)), executive agencies must consider whether restricting the delineated area for obtaining leased space to the central business area will provide for adequate competition when acquiring leased space. Where an executive agency determines that the delineated area must be expanded beyond the CBA in order to provide adequate competition, the agency may expand the delineated area in consultation with local officials. Executive agencies must continue to include the CBA in such expanded areas.
102-83.40 Who must approve the final delineated area?
Federal agencies conducting the procurement must approve the final delineated area for site acquisitions and lease actions and must confirm that the final delineated area complies with the requirements of all applicable laws, regulations, and Executive Orders.
The GSA Public Buildings Service provides guidance in their Customer Guide to Real Property on the process for appealing GSA's decisions and recommendations concerning delineated areas.
102-83.50 What is the Rural Development Act?
In the Rural Development Act, as amended, Congress directs Federal agencies to develop policies and procedures to give first priority to the location of new offices and other Federal facilities in rural areas. The intent of the Act is to revitalize and develop rural areas and help foster a balance between rural and urban America.
102-83.55 What is a rural area?
Rural area means a city, town, or unincorporated area that has a population of 50,000 inhabitants or less, other than an urbanized area immediately adjacent to a city, town, or unincorporated area that has a population in excess of 50,000 inhabitants, as specified in the Rural Development Act, as amended.
102-83.60 What is an urbanized area?
An urbanized area is a statistical geographic area defined by the Census Bureau, consisting of a central place(s) and adjacent densely settled territory that together contain at least 50,000 people, generally with an overall population density of at least 1,000 people per square mile.
Yes, executive agencies must give first priority to the location of new offices and other facilities in rural areas in accordance with the Rural Development Act (7 U.S.C. 2204b-1), unless their mission or program requirements call for locations in an urban area. First priority to the location of new offices and other facilities in rural areas must be given in accordance with the hierarchy specified in section 102-79.55 of this chapter.
102-83.70 What is Executive Order 12072?
Executive Order 12072, entitled "Federal Space Management," requires all executive agencies that have a mission requirement to locate in an urban area to give first consideration to locating Federal facilities in central business areas, and/or adjacent areas of similar character, to use them to make downtowns attractive places to work, conserve existing resources, and encourage redevelopment. It also directs executive agencies to consider opportunities for locating cultural, educational, recreational, or commercial activities within the proposed facility.
102-83.75 What is Executive Order 13006?
Executive Order 13006, entitled “Locating Federal Facilities on Historic Properties in Our Nation's Central Cities,” requires all executive agencies that have a mission requirement to locate in an urban area to give first consideration to locating Federal facilities in historic buildings and districts within central business areas. It also directs executive agencies to remove regulatory barriers, review their policies, and build new partnerships with the goal of enhancing participation in the National Historic Preservation program.
102-83.80 What is an urban area?
"Urban area" means any metropolitan area (MA) as defined by the Office of Management and Budget (OMB) in OMB Bulletin No. 99-04, or succeeding OMB Bulletin, that doesn't meet the definition of rural area in section 102-83.55.
102-83.85 What is a central business area?
"Central business area" means the centralized community business area and adjacent areas of similar character, including other specific areas that may be recommended by local officials in accordance with Executive Order 12072. The central business areas are designated by local government and not by Federal agencies.
102-83.90 Do Executive Orders 12072 and 13006 apply to rural areas?
No, Executive Orders 12072 and 13006 only apply to agencies looking for space in urban areas.
After an agency identifies its geographic service area and delineated area within which it wishes to locate specific activities are in an urban area (i.e., determined that the agency's mission requirements dictate a need to locate its facility in an urban area), Federal agencies must seek space in historic properties already under agency control, in accordance with Section 110 of the National Historic Preservation Act. The Act provides that prior to purchasing, constructing or leasing new space, Federal agencies must:
(a) Consider agency-controlled historic properties within historic districts inside central business areas when locating Federal operations, in accordance with Executive Order 13006 (which, by reference, also incorporates the requirements in Executive Order 12072 and the Rural Development Act of 1972);
(b) Then consider agency-controlled developed or undeveloped sites within historic districts, if no suitable agency-controlled historic property specified in paragraph (a) of this section is available;
(c) Then consider agency-controlled historic properties outside of historic districts, if no suitable agency-controlled site exists within a historic district as specified in paragraph (b) of this section;
(d) Then consider non-historic agency-controlled properties, if no suitable agency-controlled historic properties outside of historic districts exist as specified in paragraph (c) of this section;
(e) Then consider historic properties under the custody and control of the U.S. Postal Service, if there is no available space in non-historic agency-controlled properties specified in paragraph (d) of this section.
(f) Then consider non-historic properties under the custody and control of the U.S. Postal Service, if there is no available space in historic properties under the custody and control of the U.S. Postal Service specified in paragraph (e) of this section.
See section 102-73.20 of this chapter.
If no suitable space in non-historic buildings under the custody and control of the U.S. Postal Service is available, agencies may then acquire real estate by purchase, lease, or construction, in accordance with FMR part 102-73.
Yes, if an agency has a specific location need to be in an urban area, then Executive Orders 12072 and 13006 require that agencies should give first consideration to locating in a historic building in a historic district in the CBA of a central city of the appropriate metropolitan area. If no such space is available, agencies must give consideration to locating in a non-historic building in a historic district in the CBA of a central city of the appropriate metropolitan area. If no such space is available, agencies must give consideration to locating in a historic building outside of a historic district in the CBA of a central city of the appropriate metropolitan area. If no such space is available, agencies should give consideration to locating in a non-historic building outside of a historic district in the CBA of a central city of the appropriate metropolitan area.
102-83.115 What is a central city?
Central cities are those central cities defined by OMB in OMB Bulletin No. 99-04 or succeeding OMB Bulletin.
If an agency has a need to be in a specific urban area that is not a central city in a metropolitan area, then the agency must give first consideration to locating in a historic building in a historic district in the CBA of the appropriate metropolitan area. If no such space is available, agencies must give consideration to locating in a non-historic building in a historic district in the CBA of the appropriate metropolitan area. If no such space is available, agencies must give consideration to locating in a historic building outside of a historic district in the CBA of the appropriate metropolitan area. If no such space is available, agencies should give consideration to locating in a non-historic building outside of a historic district in the CBA of the appropriate metropolitan area.
Yes, Federal agencies must give a price preference when acquiring space via either the lowest price technically acceptable or the best value tradeoff source selection process. See part 102-73 of this chapter for additional guidance.