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§ 102-72.10 What basic policy governs delegation of authority to Federal agencies?

The Administrator of General Services may delegate and may authorize successive redelegations of the real property authority vested in the Administrator to any Federal agency.

Subpart B-Delegation of
Authority

§ 102-72.15 What criteria must a delegation meet?

Delegations must be in the Government's best interest, which means that GSA must evaluate such factors as whether a delegation would be cost effective for the Government in the delivery of space.

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§ 102-72.20 Are there limitations this delegation of authority? Federal agencies must exercise delegated real property authority and functions according to the parameters described in each delegation of authority document, and Federal agencies may only exercise the authority of the Administrator that is specifically provided within the delegation of authority document.

§ 102-72.25 What are the different types of delegations of authority? The basic types of GSA Delegations of Authority are

(a) Delegation of Leasing Authority; (b) Delegation of Real Property Management and Operation Authority;

(c) Delegation of Individual Repair and Alteration Project Authority;

(d) Delegation of Lease Management Authority (Contracting Office Representative Authority);

(e) Delegation of Administrative Contracting Officer (ACO) Authority;

(f) Delegation of Real Property Disposal Authority;

(g) Security Delegation of Authority; and

(h) Utility Services Delegation of Authority.

§ 102-72.30 What are the different types of delegations related to real estate leasing?

Delegations related to real estate leasing include the following:

(a) Categorical space delegations and agency special purpose space delegations (see § 102–73.140 of this title).

(b) The Administrator of General Services has issued a standing delegation of authority (under a program known as "Can't Beat GSA Leasing") to the heads of all Federal agencies to accomplish all functions relating to leasing of general purpose space for terms of up to 20 years and below prospectus level requirements, regardless of geographic location. This delegation includes some conditions Federal agencies must meet when conducting the procurement themselves, such as training in lease contracting and reporting data to GSA.

(c) An ACO delegation, in addition to lease management authority, provides Federal agencies with limited contracting officer authority to perform such duties as paying and withholding lessor rent and modifying lease provisions that do not change the lease term length or the amount of space under lease.

§ 102-72.35 What are the requirements Administrative for obtaining an Contracting Officer (ACO) delegation from GSA?

When Federal agencies do not exercise the delegation of authority for general purpose space mentioned in § 102-72.30(b) of this part, GSA may consider granting an ACO delegation when Federal agencies

(a) Occupy at least 90 percent of the building's GSA-controlled space, or Federal agencies have the written concurrence of 100 percent of rent-paying occupants covered under the lease; and (b) Have the technical capability to perform the leasing function.

§ 102-72.40 What are facility management delegations?

Facility management delegations give Executive agencies authority to operate and manage buildings day to day, to perform individual repair and alteration projects, and manage real property leases.

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§102-72.45 What are the different types of delegations related to facility management?

The principal types of delegations involved in the management of facilities

are

(a) Real property management and operation authority;

(b) Individual repair and alteration project authority; and

(c) Lease management authority (contracting officer representative authority).

§102-72.50 What are Executive agencies' responsibilities under a delegation of real property management and operation authority from GSA? With this delegation, Executive agencies have the authority to operate and manage buildings day to day. Delegated functions may include building operations, maintenance, recurring repairs, minor alterations, historic preservation, concessions, and energy management of specified buildings subject to the conditions in the delegation document.

§102-72.55 What are the requirements

for obtaining a delegation of real property management and operation authority from GSA?

An Executive agency may be delegated real property management and operation authority when it

(a) Occupies at least 90 percent of the space in the Government-controlled facility, or has the concurrence of 100 percent of the rent-paying occupants to perform these functions; and

(b) Demonstrates that it can perform the delegated real property management and operation responsibilities.

§102-72.60 What are Executive agencies' responsibilities under a delegation of individual repair and alteration project authority from

GSA? With this delegation of authority, Executive agencies have the responsibility to perform individual repair and alterations projects. Executive agencies are delegated repair and alterations authority for reimbursable space alteration projects up to the simplified acquisition threshold, as specified in the GSA Customer Guide to Real Property.

§ 102-72.65 What are the requirements for obtaining a delegation of individual repair and alteration project authority from GSA?

Executive agencies may be delegated repair and alterations authority for other individual alteration projects when they demonstrate the ability to perform the delegated repair and alterations responsibilities and when such a delegation promotes efficiency and economy.

§ 102-72.70 What are Executive agencies' responsibilities under a delegation of lease management authority (contracting officer representative authority) from GSA?

When an Executive agency does not exercise the delegation of authority mentioned in § 102-72.30(b) to lease general purpose space itself, it may be delegated, upon request, lease management authority to manage the administration of one or more lease contracts awarded by GSA.

§ 102-72.75 What are the requirements for obtaining a delegation of lease management authority (contracting officer representative authority) from GSA?

An Executive agency may be delegated lease management authority when it

(a) Occupies at least 90 percent of the building's GSA-controlled space or has the written concurrence of 100 percent of rent-paying occupants covered under the lease to perform this function; and

(b) Demonstrates the ability to perform the delegated lease management responsibilities.

§ 102-72.80 What are Executive agencies' responsibilities under a disposal of real property delegation of authority from GSA?

With this delegation, Executive agencies have the authority to utilize and dispose of excess or surplus real and related personal property and to grant approvals and make determinations, subject to the conditions in the delegation document.

§ 102-72.85 What are the requirements for obtaining a disposal of real property delegation of authority from GSA?

While disposal delegations to Executive agencies are infrequent, GSA may delegate authority to them based on situations involving certain low-value properties and when they can demonstrate that they have the technical expertise to perform the disposition functions. GSA may grant special delegations of authority to Executive agencies for the utilization and disposal of certain real property through the procedures set forth in part 102-75, subpart F of this chapter.

§ 102-72.90 What are Executive agencies' responsibilities under a security delegation of authority from GSA?

Law enforcement and related security functions were transferred to the Department of Homeland Security upon its establishment in 2002. The Homeland Security Act authorizes the Secretary of Homeland Security, in consultation with the Administrator of General Services, to issue regulations necessary for the protection and administration of property owned or occupied by the Federal Government and persons on the property. Notwithstanding the foregoing, GSA retained all powers, functions and authorities necessary for the operation, maintenance, and protection of buildings and grounds owned and occupied by the Federal Government and under the jurisdiction, custody, or control of GSA.

§ 102-72.95 What are the requirements for obtaining a security delegation of authority from GSA?

An Executive agency may request a security delegation from GSA by submitting a written request with the detailed basis for the requested delegation to the Assistant Regional Administrator, PBS, in the region where the building is located. A request for multiple buildings in multiple regions should be directed to the Commissioner of PBS. The delegation may be granted where the requesting agency demonstrates a compelling need for the delegated authority and the delegation

is not inconsistent with the authorities of any other law enforcement agency.

§ 102-72.100 What are Executive agencies' responsibilities under a utility service delegation of authority from GSA?

With this delegation, Executive agencies have the authority to negotiate and execute utility services contracts for periods over one year but not exceeding ten years for their use and benefit. Agencies also have the authority to intervene in utility rate proceedings to represent the consumer interests of the Federal Government, if so provided in the delegation of authority.

§ 102-72.105 What are the requirements for obtaining a utility services delegation of authority from GSA?

Executive agencies may be delegated utility services authority when they have the technical expertise and adequate staffing.

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PROSPECTUS REQUIREMENTS

102-73.35 Is a prospectus required for all acquisition, construction, or alteration projects?

102-73.40 What happens if the dollar value of the project exceeds the prospectus threshold?

Subpart B-Acquisition by Lease 102-73.45 When may Federal agencies consider leases of privately owned land and buildings to satisfy their space needs? 102-73.50 Are Federal agencies that possess independent statutory authority to acquire leased space subject to requirements of this part?

102-73.55 On what basis must Federal agen

cies acquire leases?

102-73.60 With whom may Federal agencies enter into lease agreements?

102-73.65 Are there any limitations on leasing certain types of space? 102-73.70 Are Executive agencies required to acquire leased space by negotiation? 102-73.75 What functions must Federal agencies perform with regard to leasing building space? 102-73.80 Who is authorized to contact lessors, offerors, or potential offerors concerning space leased or to be leased? 102-73.85 Can agencies with independent statutory authority to lease space have GSA perform the leasing functions? 102-73.90 What contingent fee policy must Federal agencies apply to the acquisition of real property by lease? 102-73.95 How are Federal agencies required to assist GSA?

COMPETITION IN CONTRACTING ACT OF 1984 102-73.100 Is the Competition in Contracting

Act of 1984, as amended (CICA), applicable to lease acquisition?

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technically acceptable source selection process?

102-73.125 How much of a price preference must Federal agencies give when acquiring leased space using the best value tradeoff source selection process?

LEASES WITH PURCHASE OPTIONS 102-73.130 When may Federal agencies consider acquiring leases with purchase options?

SCORING RULES

102-73.135 What scoring rules must Federal agencies follow when considering leases and leases with purchase options?

DELEGATIONS OF LEASING AUTHORITY 102-73.140 When may agencies that do not possess independent leasing authority lease space?

CATEGORICAL SPACE DELEGATIONS 102-73.145 What is a categorical space delegation?

102-73.150 What is the policy for categorical space delegations?

102-73.155 What types of space can Federal agencies acquire with a categorical space delegation?

SPECIAL PURPOSE SPACE DELEGATIONS 102-73.160 What is an agency special purpose space delegation?

102-73.165 What is the policy for agency spe

cial purpose space delegations? 102-73.170 What types of special purpose

space may the Department of Agriculture lease?

102-73.175 What types of special purpose space may the Department of Commerce lease?

102-73.180 What types of special purpose space may the Department of Defense lease?

102-73.185 What types of special purpose space may the Department of Energy lease?

102-73.190 What types of special purpose space may the Federal Communications Commission lease?

102-73.195 What types of special purpose space may the Department of Health and Human Services lease?

102-73.196 What types of special purpose

space may the Department of Homeland Security lease?

102-73.200 What types of special purpose space may the Department of the Interior lease?

102-73.205 What types of special purpose space may the Department of Justice lease?

102-73.210 What types of special purpose space may the Office of Thrift Supervision lease?

102-73.215 What types of special purpose space may the Department of Transportation lease?

102-73.220 What types of special purpose space may the Department of the Treasury lease?

102-73.225 What types of special purpose space may the Department of Veterans Affairs lease?

LIMITATIONS ON THE USE OF DELEGATED

AUTHORITY

102-73.230 When must Federal agencies submit a prospectus to lease real property? 102-73.235 What is the maximum lease term that a Federal agency may agree to when it has been delegated lease acquisition authority from GSA? 102-73.240 What policy must Federal agencies follow to acquire official parking spaces?

Subpart C-Acquisition by Purchase or Condemnation

BUILDINGS

102-73.245 When may Federal agencies consider purchase of buildings?

102-73.250 Are agencies required to adhere to the policies for locating Federal facilities when purchasing buildings? 102-73.255 What factors must Executive agencies consider when purchasing sites?

LAND

102-73.260 What land acquisition policy must Federal agencies follow? 102-73.265 What actions must Federal agencies take to facilitate land acquisition?

JUST COMPENSATION

102-73.270 Are Federal agencies required to provide the owner with a written statement of the amount established as just compensation?

102-73.275 What specific information must

be included in the summary statement for the owner that explains the basis for just compensation?

102-73.280 Where can Federal agencies find guidance on how to appraise the value of properties being acquired by the Federal Government?

102-73.285 [Reserved]

102-73.290 Are there any prohibitions when a Federal agency pays "just compensation" to a tenant?

Expenses Incidental to Property Transfer

102-73.295 What property transfer expenses must Federal agencies cover when acquiring real property?

LITIGATION EXPENSES

102-73.300 Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding?

RELOCATION ASSISTANCE POLICY 102-73.305 What relocation assistance policy must Federal agencies follow?

AUTHORITY: 40 U.S.C. 121(c); Sec. 3(c), Reorganization Plan No. 18 of 1950 (40 U.S.C. 301 note); Sec. 1–201(b), E.O. 12072, 43 FR 36869, 3 CFR, 1978 Comp., p. 213.

SOURCE: 70 FR 67791, Nov. 8, 2005, unless otherwise noted.

Subpart A-General Provisions

§ 102-73.5 What is the scope of this part?

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

§ 102-73.10 What is the basic real es tate acquisition policy?

When seeking to acquire space, Federal agencies should first seek space in Government-owned and Governmentleased buildings. If suitable Government-controlled space is unavailable, Federal agencies must acquire real estate and related services in an efficient and cost effective manner.

§ 102-73.15 What real estate acquisi tion and related services may Federal agencies provide?

Federal agencies, upon approval from GSA, may provide real estate acquisition and related services, including leasing (with or without purchase options), building and/or site purchase, condemnation, and relocation assistance. For information on the design and construction of Federal facilities, see part 102–76 of this chapter.

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