Attachment 02 Federal Management Regulations (41 C.F.R. PART 102-74).pdf

Title 41 —Public Contracts and Property Management Subtitle C —Federal Property Management Regulations System Chapter 102 —Federal Management Regulation Subchapter C —Real Property

Part 102-74 Facility Management

Subpart A General Provisions

§ 102-74.5 What is the scope of this part?

§ 102-74.10 What is the basic facility management policy?

Subpart B Facility Management

§ 102-74.15 What are the facility management responsibilities of occupant agencies?

This content is from the eCFR and is authoritative but unofficial.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR Part 102-74 (Apr. 11, 2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 1 of 39

Occupancy Services

§ 102-74.20 What are occupancy services?

§ 102-74.25 What responsibilities do Executive agencies have regarding occupancy services?

§ 102-74.30 What standard in providing occupancy services must Executive agencies follow?

§ 102-74.35 What building services must Executive agencies provide?

Concession Services

§ 102-74.40 What are concession services?

§ 102-74.45 When must Federal agencies provide concession services?

§ 102-74.50 Are Federal agencies required to give blind vendors priority in operating vending facilities?

§ 102-74.55 Are vending facilities authorized under the Randolph-Sheppard Act operated by permit or contract?

§ 102-74.60 Are Federal agencies required to give blind vendors priority in operating cafeterias?

§ 102-74.65 Are cafeterias authorized under the Randolph-Sheppard Act operated by permit or contract?

§ 102-74.70 Are commercial vendors and nonprofit organizations required to operate vending facilities by permit or contractual arrangement?

§ 102-74.75 May Federal agencies sell tobacco products in vending machines in

Government-owned and leased space?

§§ 102-74.80-102-74.95 [Reserved]

Conservation Programs

§ 102-74.100 What are conservation programs?

Asset Services

§ 102-74.105 What are asset services?

§ 102-74.110 What asset services must Executive agencies provide?

§ 102-74.115 What standard in providing asset services must Executive agencies follow?

§ 102-74.120 Is a prospectus required to be submitted before emergency alterations can be performed?

§ 102-74.125 Are prospectuses required for reimbursable alteration projects?

§ 102-74.130 When a prospectus is required, can GSA prepare a prospectus for a reimbursable alteration project?

§ 102-74.135 Who selects construction and alteration projects that are to be performed?

§ 102-74.140 On what basis does the Administrator select construction and alteration projects?

§ 102-74.145 What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a public building?

41 CFR Part 102-74 (up to date as of 4/11/2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 2 of 39

§ 102-74.150 Who submits prospectuses for the construction or alteration of public buildings to the Congressional committees?

Energy Conservation

§ 102-74.155 What energy conservation policy must Federal agencies follow in the management of facilities?

§ 102-74.160 What actions must Federal agencies take to promote energy conservation?

§ 102-74.165 What energy standards must Federal agencies follow for existing facilities?

§ 102-74.170 May exceptions to the energy conservation policies in this subpart be granted?

§ 102-74.175 Are Government-leased buildings required to conform with the policies in this subpart?

§ 102-74.180 What illumination levels must Federal agencies maintain on Federal facilities?

§ 102-74.185 What heating and cooling policy must Federal agencies follow in Federal facilities?

§ 102-74.190 Are portable heaters, fans and other such devices allowed in Government-controlled facilities?

§ 102-74.195 What ventilation policy must Federal agencies follow?

§ 102-74.200 What information are Federal agencies required to report to the Department of Energy (DOE)?

Ridesharing

§ 102-74.205 What Federal facility ridesharing policy must Executive agencies follow?

§ 102-74.210 What steps must Executive agencies take to promote ridesharing at Federal facilities?

§§ 102-74.215-102-74.225 [Reserved]

Occupant Emergency Program

§ 102-74.230 Who is responsible for establishing an occupant emergency program?

§ 102-74.235 Are occupant agencies required to cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization?

§ 102-74.240 What are Federal agencies' occupant emergency responsibilities?

§ 102-74.245 Who makes the decision to activate the Occupant Emergency Organization?

§ 102-74.250 What information must the Designated Official use to make a decision to activate the Occupant Emergency Organization?

§ 102-74.255 How must occupant evacuation or relocation be accomplished when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not including a bomb threat)?

§ 102-74.260 What action must the Designated Official initiate when there is advance notice of an emergency?

Parking Facilities

41 CFR Part 102-74 (up to date as of 4/11/2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 3 of 39

§ 102-74.265 Who must provide for the regulation and policing of parking facilities?

§ 102-74.270 Are vehicles required to display parking permits in parking facilities?

§ 102-74.275 May Federal agencies authorize lessors or parking management contractors to manage, regulate and police parking facilities?

§ 102-74.280 Are privately owned vehicles converted for propane carburetion permitted in underground parking facilities?

§ 102-74.285 How must Federal agencies assign priority to parking spaces in controlled areas?

§ 102-74.290 May Federal agencies allow employees to use parking spaces not required for official needs?

§ 102-74.295 Who determines the number of employee parking spaces for each facility?

§ 102-74.300 How must space available for employee parking be allocated among occupant agencies?

§ 102-74.305 How must Federal agencies assign available parking spaces to their employees?

§ 102-74.310 What measures must Federal agencies take to improve the utilization of parking facilities?

Smoking

§ 102-74.315 What is the smoking policy for interior space in Federal facilities?

§ 102-74.320 Are there any exceptions to the smoking policy for interior space in Federal facilities?

§ 102-74.325 Are designated smoking areas authorized in interior space?

§ 102-74.330 What smoking restrictions apply to outside areas under Executive branch control?

§ 102-74.335 Who is responsible for furnishing and installing signs concerning smoking restrictions in the building, and in and around building entrance doorways and air intake ducts?

§ 102-74.340 Who is responsible for monitoring and controlling areas designated for smoking by an agency head and for identifying those areas with proper signage?

§ 102-74.345 Does the smoking policy in this part apply to the judicial branch?

§ 102-74.350 Are agencies required to meet their obligations under the Federal Service

Labor-Management Relations Act where there is an exclusive representative for the employees prior to implementing this smoking policy?

§ 102-74.351 If a state or local government has a smoke-free ordinance that is more strict than the smoking policy for Federal facilities, does the state or local law or Federal policy control?

Accident and Fire Prevention

§ 102-74.355 With what accident and fire prevention standards must Federal facilities

41 CFR Part 102-74 (up to date as of 4/11/2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 4 of 39 comply?

§ 102-74.360 What are the specific accident and fire prevention responsibilities of occupant agencies?

Subpart C Conduct on Federal Property

41 CFR Part 102-74 (up to date as of 4/11/2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 5 of 39

Applicability

§ 102-74.365 To whom does this subpart apply?

Inspection

§ 102-74.370 What items are subject to inspection by Federal agencies?

Admission to Property

§ 102-74.375 What is the policy on admitting persons to Government property?

Preservation of Property

§ 102-74.380 What is the policy concerning the preservation of property?

Conformity With Signs and Directions

§ 102-74.385 What is the policy concerning conformity with official signs and directions?

Disturbances

§ 102-74.390 What is the policy concerning disturbances?

Gambling

§ 102-74.395 What is the policy concerning gambling?

Narcotics and Other Drugs

§ 102-74.400 What is the policy concerning the possession and use of narcotics and other drugs?

Alcoholic Beverages

§ 102-74.405 What is the policy concerning the use of alcoholic beverages?

Soliciting, Vending and Debt Collection

§ 102-74.410 What is the policy concerning soliciting, vending and debt collection?

Posting and Distributing Materials

§ 102-74.415 What is the policy for posting and distributing materials?

Photographs for News, Advertising or Commercial Purposes

§ 102-74.420 What is the policy concerning photographs for news, advertising or commercial purposes?

Dogs and Other Animals

§ 102-74.425 What is the policy concerning dogs and other animals on Federal property?

Breastfeeding

§ 102-74.426 May a woman breastfeed her child in a Federal building or on Federal property?

Vehicular and Pedestrian Traffic

§ 102-74.430 What is the policy concerning vehicular and pedestrian traffic on Federal property?

Explosives

§ 102-74.435 What is the policy concerning explosives on Federal property?

Weapons

§ 102-74.440 What is the policy concerning weapons on Federal property?

Nondiscrimination

41 CFR Part 102-74 (up to date as of 4/11/2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 6 of 39

§ 102-74.445 What is the policy concerning discrimination on Federal property?

Penalties

§ 102-74.450 What are the penalties for violating any rule or regulation in this subpart?

Impact on Other Laws or Regulations

§ 102-74.455 What impact do the rules and regulations in this subpart have on other laws or regulations?

Subpart D Occasional Use of Public Buildings

§ 102-74.460 What is the scope of this subpart?

41 CFR Part 102-74 (up to date as of 4/11/2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 7 of 39

Application for Permit

§ 102-74.465 Is a person or organization that wishes to use a public area required to apply for a permit from a Federal agency?

§ 102-74.470 What information must persons or organizations submit so that Federal agencies may consider their application for a permit?

§ 102-74.475 If an applicant proposes to use a public area to solicit funds, is the applicant required to make a certification?

Permits

§ 102-74.480 How many days does a Federal agency have to issue a permit following receipt of a completed application?

§ 102-74.485 Is there any limitation on the length of time of a permit?

§ 102-74.490 What if more than one permit is requested for the same area and time?

§ 102-74.495 If a permit involves demonstrations or activities that may lead to civil disturbances, what action must a Federal agency take before approving such a permit application?

Disapproval of Applications or Cancellation of Permits

§ 102-74.500 Can Federal agencies disapprove permit applications or cancel issued permits?

§ 102-74.505 What action must Federal agencies take after disapproving an application or canceling an issued permit?

Appeals

§ 102-74.510 How may the disapproval of a permit application or cancellation of an issued permit be appealed?

§ 102-74.515 Will the affected person or organization and the Federal agency buildings manager have an opportunity to state their positions on the issues?

§ 102-74.520 How much time does the Regional Officer have to affirm or reverse the Federal agency buildings manager's decision after receiving the notification of appeal from the affected person or organization?

Schedule of Use

§ 102-74.525 May Federal agencies reserve time periods for the use of public areas for official Government business or for maintenance, repair and construction?

Hours of Use

§ 102-74.530 When may public areas be used?

Services and Costs

§ 102-74.535 What items may Federal agencies provide to permittees free of charge?

§ 102-74.540 What are the items for which permittees must reimburse Federal agencies?

§ 102-74.545 May permittees make alterations to the public areas?

§ 102-74.550 What items are permittees responsible for furnishing?

Conduct

41 CFR Part 102-74 (up to date as of 4/11/2024)

41 CFR Part 102-74 (Apr. 11, 2024) (enhanced display) page 8 of 39

Appendix to Part 102-74 Rules and Regulations Governing Conduct on Federal Property

§ 102-74.555 What rules of conduct must all permittees observe while on Federal property?

Non-affiliation With the Government

§ 102-74.560 May Federal agencies advise the public of the presence of any permittees and their non-affiliation with the Federal Government?

Subpart E Installing, Repairing, and Replacing Sidewalks

§ 102-74.565 What is the scope of this subpart?

§ 102-74.570 Are State and local governments required to fund the cost of installing, repairing, and replacing sidewalks?

§ 102-74.575 How do Federal agencies arrange for work on sidewalks?

§ 102-74.580 Who decides when to replace a sidewalk?

Subpart F Telework

§ 102-74.585 What Federal facility telework policy must Executive agencies follow?

§ 102-74.590 What steps must agencies take to implement these laws and policies?

§ 102-74.595 How can agencies obtain guidance, assistance, and oversight regarding alternative workplace arrangements from GSA?

§ 102-74.600 Should Federal agencies utilize telework centers?

PART 102-74—FACILITY MANAGEMENT

Authority: 40 U.S.C. 121(c); E.O. 12191, 45 FR 7997, 3 CFR, 1980 Comp., p. 138; E.O. 14025, 86 FR 22829.

Source: 70 FR 67798, Nov. 8, 2005, unless otherwise noted.

Subpart A—General Provisions

§ 102-74.5 What is the scope of this part?

The real property policies contained in this part apply to Federal agencies, including the GSA's Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.

§ 102-74.10 What is the basic facility management policy?

Executive agencies must manage, operate and maintain Government-owned and leased buildings in a manner that provides for quality space and services consistent with their operational needs and accomplishes overall Government objectives. The management, operation and maintenance of buildings and building systems must—

(a) Be cost effective and energy efficient;

(b) Be adequate to meet the agencies' missions;

(c) Meet nationally recognized standards; and

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR Part 102-74 (Apr. 11, 2024)

41 CFR 102-74.10(c) (enhanced display) page 9 of 39 https://www.govinfo.gov/link/uscode/40/121 https://www.federalregister.gov/executive-order/12191 https://www.federalregister.gov/citation/45-FR-7997 https://www.ecfr.gov/on/2024-04-11/title-3/ https://www.federalregister.gov/executive-order/14025 https://www.federalregister.gov/citation/86-FR-22829 https://www.federalregister.gov/citation/70-FR-67798

Subpart B—Facility Management

§ 102-74.15 What are the facility management responsibilities of occupant agencies?

Occupants of facilities under the custody and control of Federal agencies must—

OCCUPANCY SERVICES

§ 102-74.20 What are occupancy services?

Occupancy services are—

§ 102-74.25 What responsibilities do Executive agencies have regarding occupancy services?

Executive agencies, upon approval from GSA, must manage, administer and enforce the requirements of agreements (such as Memoranda of Understanding) and contracts that provide for the delivery of occupancy services.

§ 102-74.30 What standard in providing occupancy services must Executive agencies follow?

Executive agencies must provide occupancy services that substantially conform to nationally recognized standards.

As needed, Executive agencies may adopt other standards for buildings and services in Federally controlled facilities to conform to statutory requirements and to implement cost-reduction efforts.

§ 102-74.35 What building services must Executive agencies provide?

Executive agencies, upon approval from GSA, must provide—

(d) Be at an appropriate level to maintain and preserve the physical plant assets, consistent with available funding.

(a) Cooperate to the fullest extent with all pertinent facility procedures and regulations;

(b) Promptly report all crimes and suspicious circumstances occurring on Federally controlled property first to the regional Federal Protective Service, and as appropriate, the local responding law enforcement authority;

(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.

(a) Building services (see § 102-74.35);

(b) Concession services (see § 102-74.40); and

(c) Conservation programs (see § 102-74.100).

(a) Building services such as custodial, solid waste management (including recycling), heating and cooling, landscaping and grounds maintenance, tenant alterations, minor repairs, building maintenance, integrated pest management, signage, parking, and snow removal, at appropriate levels to support Federal agency missions; and

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.10(d)

41 CFR 102-74.35(a) (enhanced display) page 10 of 39 https://www.ecfr.gov/on/2024-04-11/title-41/section-102-74.35/ https://www.ecfr.gov/on/2024-04-11/title-41/section-102-74.40/ https://www.ecfr.gov/on/2024-04-11/title-41/section-102-74.100/

CONCESSION SERVICES

§ 102-74.40 What are concession services?

Concession services are any food or snack services provided by a Randolph-Sheppard Act vendor, commercial contractor or nonprofit organization (see definition in § 102-71.20 of this chapter), in vending facilities such as—

§ 102-74.45 When must Federal agencies provide concession services?

Federal agencies, upon approval from GSA, must provide concession services where building population supports such services and when the availability of existing commercial services is insufficient to meet Federal agency needs. Prior to establishing concessions, Federal agencies must ensure that—

§ 102-74.50 Are Federal agencies required to give blind vendors priority in operating vending facilities?

With certain exceptions, the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) requires that blind persons licensed by a State licensing agency under the provisions of the Randolph-Sheppard Act be authorized to operate vending facilities on Federal property, including leased buildings. The Department of Education (ED) is responsible for the administration of the Randolph-Sheppard Act as set forth at 34 CFR part 395. The ED designates individual State licensing agencies with program administration responsibility. The Randolph-Sheppard Act and its implementing regulations require that Federal property managers give priority to and notify the State licensing agencies in writing of any opportunity.

§ 102-74.55 Are vending facilities authorized under the Randolph-Sheppard Act operated by permit or contract?

Vending facilities are authorized by permit. As set forth in 34 CFR part 395, the Federal property manager approves and signs State licensing agency permits that authorize States to license blind vendors to operate vending facilities (including vending machines) on Federal property.

(b) Arrangements for raising and lowering the United States flags at appropriate times. In addition, agencies must display P.O.W. and M.I.A. flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A. flag display days.

(a) Vending machines;

(b) Sundry facilities;

(c) Prepackaged facilities;

(d) Snack bars; and

(e) Cafeterias.

(a) 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; and

(b) Sufficient funds are legally available to cover all costs for which the Government may be responsible.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.35(b)

41 CFR 102-74.55 (enhanced display) page 11 of 39 https://www.govinfo.gov/link/uscode/36/902 https://www.ecfr.gov/on/2024-04-11/title-41/section-102-71.20/ https://www.govinfo.gov/link/uscode/20/107 https://www.ecfr.gov/on/2024-04-11/title-34/part-395/

§ 102-74.60 Are Federal agencies required to give blind vendors priority in operating cafeterias?

Yes. Federal agencies are required to give Randolph-Sheppard vendors priority in the operation of cafeterias when the State licensing agency is in the competitive range as set forth at 34 CFR part 395.

§ 102-74.65 Are cafeterias authorized under the Randolph-Sheppard Act operated by permit or contract?

They are operated by contract. As set forth at 34 CFR part 395, the Federal property manager contracts with the State licensing agency to license blind vendors to operate cafeterias on Federal property.

§ 102-74.70 Are commercial vendors and nonprofit organizations required to operate vending facilities by permit or contractual arrangement?

Commercial vendors and nonprofit organizations must operate vending facilities, including cafeterias, under a contractual arrangement with Federal agencies.

§ 102-74.75 May Federal agencies sell tobacco products in vending machines in Government-owned and leased space?

No. Section 636 of Public Law 104-52 prohibits the sale of tobacco products in vending machines in Government-owned and leased space. The Administrator of GSA or the head of an Agency may designate areas not subject to the prohibition, if minors are prohibited and reports are made to the appropriate committees of Congress.

§§ 102-74.80-102-74.95 [Reserved]

CONSERVATION PROGRAMS

§ 102-74.100 What are conservation programs?

Conservation programs are programs that improve energy and water efficiency and promote the use of solar and other renewable energy. These programs must promote and maintain an effective source reduction activity (reducing consumption of resources such as energy, water, and paper), resource recovery activity (obtaining materials from the waste stream that can be recycled into new products), and reuse activity (reusing same product before disposition, such as reusing unneeded memos for scratch paper).

ASSET SERVICES

§ 102-74.105 What are asset services?

Asset services include repairs (other than those minor repairs identified in § 102-74.35(a)), alterations and modernizations for real property assets. Typically, these are the types of repairs and alterations necessary to preserve or enhance the value of the real property asset.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.60

41 CFR 102-74.105 (enhanced display) page 12 of 39 https://www.ecfr.gov/on/2024-04-11/title-34/part-395/ https://www.govinfo.gov/link/plaw/104/public/52

§ 102-74.110 What asset services must Executive agencies provide?

Executive agencies, upon approval from GSA, must provide asset services such as repairs (in addition to those minor repairs identified in § 102-74.35(a)), alterations, and modernizations for real property assets. For repairs and alterations projects for which the estimated cost exceeds the prospectus threshold, Federal agencies must follow the prospectus submission and approval policy identified in this part and part 102-73 of this chapter.

§ 102-74.115 What standard in providing asset services must Executive agencies follow?

Executive agencies must provide asset services that maintain continuity of Government operations, continue efficient building operations, extend the useful life of buildings and related building systems, and provide a quality workplace environment that enhances employee productivity.

§ 102-74.120 Is a prospectus required to be submitted before emergency alterations can be performed?

No. A prospectus does not need to be submitted before emergency alterations are performed, but GSA must submit a prospectus as soon as possible after the emergency. Federal agencies must immediately alter a building if the alteration protects people, buildings, or equipment, saves lives, and/or avoids further property damage. Federal agencies can take these actions in an emergency before GSA submits a prospectus on the alterations to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure.

§ 102-74.125 Are prospectuses required for reimbursable alteration projects?

A project that is to be financed in whole or in part from funds appropriated to the requesting agency may be performed without a prospectus if—

§ 102-74.130 When a prospectus is required, can GSA prepare a prospectus for a reimbursable alteration project?

Yes, if requested by a Federal agency, GSA will prepare a prospectus for a reimbursable alteration project.

§ 102-74.135 Who selects construction and alteration projects that are to be performed?

The Administrator of General Services selects construction and alteration projects to be performed.

§ 102-74.140 On what basis does the Administrator select construction and alteration projects?

The Administrator selects projects based on a continuing investigation and survey of the public building needs of the Federal Government. These projects must be equitably distributed throughout the United States, with due consideration given to each project's comparative urgency.

(a) Payment is made from agency appropriations that are not subject to 40 U.S.C. 3307; and

(b) GSA's portion of the cost, if any, does not exceed the prospectus threshold.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.110

41 CFR 102-74.140 (enhanced display) page 13 of 39 https://www.ecfr.gov/on/2024-04-11/title-41/part-102-73/ https://www.govinfo.gov/link/uscode/40/3307

§ 102-74.145 What information must a Federal agency submit to GSA after the agency has identified a need for construction or alteration of a public building?

Federal agencies identifying a need for construction or alteration of a public building must provide information, such as a description of the work, location, estimated maximum cost, and justification to the Administrator of General Services.

§ 102-74.150 Who submits prospectuses for the construction or alteration of public buildings to the Congressional committees?

The Administrator of General Services must submit prospectuses for public building construction or alteration projects to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure for approval.

ENERGY CONSERVATION

§ 102-74.155 What energy conservation policy must Federal agencies follow in the management of facilities?

Federal agencies must—

§ 102-74.160 What actions must Federal agencies take to promote energy conservation?

Federal agencies must—

§ 102-74.165 What energy standards must Federal agencies follow for existing facilities?

Existing Federal facilities must meet the energy standards prescribed by the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North American in ASHRAE/IES Standard 90A-1980, as amended by the Department of Energy. Federal agencies must apply these energy standards where they can be achieved through life cycle, cost effective actions.

§ 102-74.170 May exceptions to the energy conservation policies in this subpart be granted?

Yes, the Federal agency buildings manager may grant exceptions to the foregoing policies in this subpart to enable agencies to accomplish their missions more effectively and efficiently.

(a) Comply with the energy conservation guidelines in 10 CFR part 436 (Federal Energy Management and Planning Programs); and

(b) Observe the energy conservation policies cited in this part.

(a) Turn off lights and equipment when not needed;

(b) Not block or impede ventilation; and

(c) Keep windows and other building accesses closed during the heating and cooling seasons.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.145

41 CFR 102-74.170 (enhanced display) page 14 of 39 https://www.ecfr.gov/on/2024-04-11/title-10/part-436/

§ 102-74.175 Are Government-leased buildings required to conform with the policies in this subpart?

Yes, all new lease contracts must be in conformance with the policies prescribed in this subpart. Federal agencies must administer existing lease contracts in accordance with these policies to the maximum extent feasible.

§ 102-74.180 What illumination levels must Federal agencies maintain on Federal facilities?

Except where special circumstances exist, Federal agencies must maintain illumination levels at—

§ 102-74.185 What heating and cooling policy must Federal agencies follow in Federal facilities?

Within the limitations of the building systems, Federal agencies must—

§ 102-74.190 Are portable heaters, fans and other such devices allowed in Government-controlled facilities?

Federal agencies are prohibited from operating portable heaters, fans, and other such devices in Government-controlled facilities unless authorized by the Federal agency buildings manager.

(a) 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 Federal agency buildings manager);

(b) 30 foot-candles in work areas during working hours, measured at 30 inches above floor level;

(c) 10 foot-candles, but not less than 1 foot-candle, 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, 1 foot-candle at the middle of corridors and stairwells as measured at the walking surface, and 10 foot-candles in storage areas); and

(d) Levels essential for safety and security purposes, including exit signs and exterior lights.

(a) Operate heating and cooling systems in the most overall energy efficient and economical manner;

(b) Maintain temperatures to maximize customer satisfaction by conforming to local commercial equivalent temperature levels and operating practices;

(c) Set heating temperatures no higher than 55 degrees Fahrenheit during non-working hours;

(d) Not provide air-conditioning during non-working hours, except as necessary to return space temperatures to a suitable level for the beginning of working hours;

(e) Not permit reheating, humidification and simultaneous heating and cooling; and

(f) Operate building systems as necessary during extreme weather conditions to protect the physical condition of the building.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.175

41 CFR 102-74.190 (enhanced display) page 15 of 39

§ 102-74.195 What ventilation policy must Federal agencies follow?

During working hours in periods of heating and cooling, Federal agencies must provide ventilation in accordance with ASHRAE Standard 62, Ventilation for Acceptable Indoor Air Quality, where physically practical. Where not physically practical, Federal agencies must provide the maximum allowable amount of ventilation during periods of heating and cooling and pursue opportunities to increase ventilation up to current standards. ASHRAE Standard 62 is available from ASHRAE Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329-2305.

§ 102-74.200 What information are Federal agencies required to report to the Department of Energy (DOE)?

Federal agencies, upon approval of GSA, must report to the DOE the energy consumption in buildings, facilities, vehicles, and equipment within 45 calendar days after the end of each quarter as specified in the DOE Federal Energy Usage Report DOE F 6200.2 Instructions.

RIDESHARING

§ 102-74.205 What Federal facility ridesharing policy must Executive agencies follow?

§ 102-74.210 What steps must Executive agencies take to promote ridesharing at Federal facilities?

(a) In accordance with Executive Order 12191, “Federal Facility Ridesharing Program” (3 CFR, 1980 Comp., p.

138), Executive agencies must actively promote the use of ridesharing (carpools, vanpools, privately leased buses, public transportation, and other multi-occupancy modes of travel) by personnel working at Federal facilities to conserve energy, reduce congestion, improve air quality, and provide an economical way for Federal employees to commute to work.

(b) In accordance with the Federal Employees Clean Air Incentives Act (Public Law 103-172), the Federal Government is required to take steps to improve the air quality, and to reduce traffic congestion by providing for the establishment of programs that encourage Federal employees to commute to work by means other than single-occupancy motor vehicles.

(c) In accordance with the Transportation Equity Act for the 21st Century (Public Law 105-178), employers, including the Federal Government, are to offer employees transportation fringe benefits.

(a) Under Executive Order 12191, “Federal Facility Ridesharing Program,” agencies shall—

(1) Establish an annual ridesharing goal for each facility; and

(2) Cooperate with State and local ridesharing agencies where such agencies exist.

(b) Under the Federal Employees Clean Air Incentives Act (Public Law 103-172), agencies shall—

(1) Issue transit passes or similar vouchers to exchange for transit passes;

(2) Furnish space, facilities, and services to bicyclists;

(3) Provide non-monetary incentives as provided by other provisions of law or other authority; and

(4) Submit biennially to GSA (as directed in House of Representatives Report 103-356, dated November 10, 1993) a report that covers—

(i) Agency programs offered under Public law 103-172;

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.195

41 CFR 102-74.210(b)(4)(i) (enhanced display) page 16 of 39 https://www.ecfr.gov/on/2024-04-11/title-3/ https://www.govinfo.gov/link/plaw/105/public/178

§§ 102-74.215-102-74.225 [Reserved]

OCCUPANT EMERGENCY PROGRAM

§ 102-74.230 Who is responsible for establishing an occupant emergency program?

The Designated Official (as defined in § 102-71.20 of this chapter) is responsible for developing, implementing and maintaining an Occupant Emergency Plan (as defined in § 102-71.20 of this chapter). The Designated Official's responsibilities include establishing, staffing and training an Occupant Emergency Organization with agency employees. Federal agencies, upon approval from GSA, must assist in the establishment and maintenance of such plans and organizations.

§ 102-74.235 Are occupant agencies required to cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization?

Yes, all occupant agencies of a facility must fully cooperate with the Designated Official in the implementation of the emergency plans and the staffing of the emergency organization.

§ 102-74.240 What are Federal agencies' occupant emergency responsibilities?

Federal agencies, upon approval from GSA, must—

(ii) Description of each program;

(iii) Extent of employee participation in, and costs to the Government associated with, each program;

(iv) Assessment of environmental or other benefits realized from these programs; and

(v) Other matters that may be appropriate under Public Law 103-172.

(c) In accordance with the Transportation Equity Act for the 21st Century, agencies may (in lieu of or in combination with other commuter benefits) provide fringe benefits to qualified commuters, at no cost, by giving them a monthly pretax payroll deduction to support and encourage the use of mass transportation systems.

(a) Provide emergency program policy guidance;

(b) Review plans and organizations annually;

(c) Assist in training of personnel;

(d) Otherwise provide for the proper administration of Occupant Emergency Programs (as defined in § 102-71.20 of this chapter);

(e) Solicit the assistance of the lessor in the establishment and implementation of plans in leased space; and

(f) Assist the Occupant Emergency Organization (as defined in § 102-71.20 of this chapter) by providing technical personnel qualified in the operation of utility systems and protective equipment.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.210(b)(4)(ii)

41 CFR 102-74.240(f) (enhanced display) page 17 of 39 https://www.ecfr.gov/on/2024-04-11/title-41/section-102-71.20/ https://www.ecfr.gov/on/2024-04-11/title-41/section-102-71.20/ https://www.ecfr.gov/on/2024-04-11/title-41/section-102-71.20/ https://www.ecfr.gov/on/2024-04-11/title-41/section-102-71.20/

§ 102-74.245 Who makes the decision to activate the Occupant Emergency Organization?

The decision to activate the Occupant Emergency Organization must be made by the Designated Official, or by the designated alternate official. After normal duty hours, the senior Federal official present must represent the Designated Official or his/her alternates and must initiate action to cope with emergencies in accordance with the plans.

§ 102-74.250 What information must the Designated Official use to make a decision to activate the Occupant Emergency Organization?

The Designated Official must make a decision to activate the Occupant Emergency Organization based upon the best available information, including—

§ 102-74.255 How must occupant evacuation or relocation be accomplished when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not including a bomb threat)?

The Designated Official must initiate action to evacuate or relocate occupants in accordance with the plan by sounding the fire alarm system or by other appropriate means when there is immediate danger to persons or property, such as fire, explosion or the discovery of an explosive device (not including a bomb threat).

§ 102-74.260 What action must the Designated Official initiate when there is advance notice of an emergency?

The Designated Official must initiate appropriate action according to the plan when there is advance notice of an emergency.

PARKING FACILITIES

§ 102-74.265 Who must provide for the regulation and policing of parking facilities?

Federal agencies, upon approval from GSA, must provide for any necessary regulation and policing of parking facilities, which may include—

(a) An understanding of local tensions;

(b) The sensitivity of target agency(ies);

(c) Previous experience with similar situations;

(d) Advice from the Federal agency buildings manager;

(e) Advice from the appropriate Federal law enforcement official; and

(f) Advice from Federal, State, and local law enforcement agencies.

(a) The issuance of traffic rules and regulations;

(b) The installation of signs and markings for traffic control (Signs and markings must conform with the Manual on Uniform Traffic Control Devices published by the Department of Transportation);

(c) The issuance of citations for parking violations; and

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.245

41 CFR 102-74.265(c) (enhanced display) page 18 of 39

§ 102-74.270 Are vehicles required to display parking permits in parking facilities?

When the use of parking space is controlled as in § 102-74.265, 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.

§ 102-74.275 May Federal agencies authorize lessors or parking management contractors to manage, regulate and police parking facilities?

Yes, Federal agencies, upon approval from GSA, may authorize lessors or parking management contractors to manage, regulate and police parking facilities.

§ 102-74.280 Are privately owned vehicles converted for propane carburetion permitted in underground parking facilities?

Federal agencies must not permit privately owned vehicles converted for propane carburetion to enter underground parking facilities unless the owner provides to the occupant agency and the Federal agency buildings manager the installer's certification that the installation methods and equipment comply with National Fire Protection Association (NFPA) Standard No. 58.

§ 102-74.285 How must Federal agencies assign priority to parking spaces in controlled areas?

Federal agencies must reserve official parking spaces, in the following order of priority, for—

However, in major metropolitan areas, Federal agencies may determine that allocations by zone would make parking more efficient or equitable, taking into account the priority for official parking set forth in this section.

§ 102-74.290 May Federal agencies allow employees to use parking spaces not required for official needs?

Yes, Federal agencies may allow employees to use parking spaces not required for official needs.

(d) The immobilization or removal of illegally parked vehicles.

(a) Official postal vehicles at buildings containing the U.S. Postal Service's mailing operations;

(b) Federally owned vehicles used to apprehend criminals, fight fires and handle other emergencies;

(c) Private vehicles owned by Members of Congress (but not their staffs);

(d) Private vehicles owned by Federal judges (appointed under Article III of the Constitution), which may be parked in those spaces assigned for the use of the Court, with priority for them set by the Administrative Office of the U.S. Courts;

(e) Other Federally owned and leased vehicles, including those in motor pools or assigned for general use;

(f) Service vehicles, vehicles used in child care center operations, and vehicles of patrons and visitors (Federal agencies must allocate parking for disabled visitors whenever an agency's mission requires visitor parking); and

(g) Private vehicles owned by employees, using spaces not needed for official business.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.265(d)

41 CFR 102-74.290 (enhanced display) page 19 of 39 https://www.ecfr.gov/on/2024-04-11/title-41/section-102-74.265/

§ 102-74.295 Who determines the number of employee parking spaces for each facility?

The Federal agency buildings manager must determine the total number of spaces available for employee parking.

Typically, Federal agencies must make a separate determination for each parking facility. However, in major metropolitan areas, Federal agencies may determine that allocations by zone would make parking more efficient or more equitably available.

§ 102-74.300 How must space available for employee parking be allocated among occupant agencies?

The Federal agency buildings manager must allocate space available for employee parking among occupant agencies on an equitable basis, such as by allocating such parking in proportion to each agency's share of building space, office space or total employee population, as appropriate. In certain cases, Federal agencies may allow a third party, such as a board composed of representatives of agencies sharing space, to determine proper parking allocations among the occupant agencies.

§ 102-74.305 How must Federal agencies assign available parking spaces to their employees?

Federal agencies must assign available parking spaces to their employees using the following order of priority:

§ 102-74.310 What measures must Federal agencies take to improve the utilization of parking facilities?

Federal agencies must take all feasible measures to improve the utilization of parking facilities, including—

SMOKING

(a) Severely disabled employees (see definition in § 102-71.20 of this chapter).

(b) Executive personnel and persons who work unusual hours.

(c) Vanpool/carpool vehicles.

(d) Privately owned vehicles of occupant agency employees that are regularly used for Government business at least 12 days per month and that qualify for reimbursement of mileage and travel expenses under Government travel regulations.

(e) 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.)

(a) The conducting of surveys and studies;

(b) The periodic review of parking space allocations;

(c) The dissemination of parking information to occupant agencies;

(d) The implementation of parking incentives that promote ridesharing;

(e) The use of stack parking practices, where appropriate; and

(f) The employment of parking management contractors and concessionaires, where appropriate.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.295

41 CFR 102-74.310(f) (enhanced display) page 20 of 39

§ 102-74.315 What is the smoking policy for interior space in Federal facilities?

Pursuant to Executive Order 13058, “Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace” (3 CFR, 1997 Comp., p. 216), it is the policy of the executive branch to establish a smoke-free environment for Federal employees and members of the public visiting or using Federal facilities. The smoking of tobacco products is prohibited in all interior space owned, rented or leased by the executive branch of the Federal Government.

[73 FR 77518, Dec. 19, 2008]

§ 102-74.320 Are there any exceptions to the smoking policy for interior space in Federal facilities?

Yes, the smoking policy does not apply in—

[73 FR 77518, Dec. 19, 2008]

§ 102-74.325 Are designated smoking areas authorized in interior space?

No, unless specifically established by an agency head as provided by § 102-74.320(d). A previous exception for designated smoking areas is being eliminated. All designated interior smoking areas will be closed effective June 19, 2009. This six-month phase-in period is designed to establish a fixed but reasonable time for implementing this policy change. This phase-in period will provide agencies with time to comply with their obligations under the Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, Labor-Management Relations, in those circumstances where there is an exclusive union representative for the employees.

[73 FR 77518, Dec. 19, 2008]

§ 102-74.330 What smoking restrictions apply to outside areas under Executive branch control?

Effective June 19, 2009, smoking is prohibited in courtyards and within twenty-five (25) feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA. This six-month phase-in period is designed to establish a fixed but reasonable time for implementing this policy change. This phase-in period will provide agencies with time to comply with their obligations under the Federal Service Labor-Management Relations Act, as amended, 5 U.S.C. Ch. 71, Labor-Management Relations, in those circumstances where there is an exclusive union representative for the employees.

(a) Any residential accommodation for persons voluntarily or involuntarily residing, on a temporary or long-term basis, in a building owned, leased or rented by the Federal Government;

(b) Portions of Federally owned buildings leased, rented or otherwise provided in their entirety to non-Federal parties;

(c) Places of employment in the private sector or in other non-Federal Governmental units that serve as the permanent or intermittent duty station of one or more Federal employees; and

(d) Instances where an agency head establishes limited and narrow exceptions that are necessary to accomplish agency missions. Such exceptions must be in writing, approved by the agency head and, to the fullest extent possible, provide protection of nonsmokers from exposure to environmental tobacco smoke. Authority to establish such exceptions may not be delegated.

41 CFR Part 102-74 (up to date as of 4/11/2024) Facility Management 41 CFR 102-74.315

41 CFR 102-74.330 (enhanced display) page 21 of 39 https://www.ecfr.gov/on/2024-04-11/title-3/ https://www.federalregister.gov/citation/73-FR-77518 https://www.federalregister.gov/citation/73-FR-77518 https://www.govinfo.gov/link/uscode/5/7101 https://www.federalregister.gov/citation/73-FR-77518 https://www.govinfo.gov/link/uscode/5/7101

[73 FR 77518, Dec. 19, 2008]

§ 102-74.335 Who is responsible for furnishing and installing signs concerning smoking restrictions in the building, and in and around building entrance doorways and air intake ducts?

Federal agency building managers are responsible for furnishing and installing suitable, uniform signs in the building, and in and around building entrance doorways and air intake ducts, reading “No Smoking,” “No Smoking Except in Designated Areas,” “No Smoking Within 25 Feet of Doorway,” or “No Smoking Within 25 Feet of Air Duct,” as applicable.

[73 FR 77518, Dec. 19, 2008]

§ 102-74.340 Who is responsible for monitoring and controlling areas designated for smoking by an agency head and for identifying those areas with proper signage?

Agency heads are responsible for monitoring and controlling areas designated by them under § 102-74.320(d) for smoking and identifying these areas with proper signage. Suitable, uniform signs reading “Designated Smoking Area” must be furnished and installed by the occupant agency.

[73 FR 77518, Dec. 19, 2008]

§ 102-74.345 Does the smoking policy in this part apply to the judicial branch?

This smoking policy applies to the judicial branch when it occupies space in buildings controlled by the executive branch. Furthermore, the Federal Chief Judge in a local jurisdiction may be deemed to be comparable to an agency head and may establish exceptions for Federal jurors and others as provided in § 102-74.320(d).

[73 FR 77518, Dec. 19, 2008]

§ 102-74.350 Are agencies required to meet their obligations under the Federal Service Labor- Management Relations Act where there is an exclusive representative for the employees prior to implementing this smoking policy?

Yes. Where there is an exclusive representative for the employees, Federal agencies must meet their obligations under the…