time from initial notification through start of design will be reported to the tenant agency and may be cause for cancellation of any commitment to occupy space.

D. When USPS or GSA has control over a site in the UA which is needed by the other agency for a project, the agencies agree to make such sites available to each other to the maximum extent practicable and possible under laws and regulations governing each agency, i.e., one agency acquiring a site by transfer from the other through the land bank or GSA obtaining an assignable option from USPS for a lease construction project.

II. When GSA or USPS seeks leased space, available space in both agencies' inventories shall be considered before any advertisement for privately owned space. If the available space is not acceptable to the acquiring agency then the acquiring agency shall advise the holding agency and allow the holding agency sufficient time to accommodate the acquiring agency's objection, provided the mission need of the tenant agency will not be adversely affected by the delay. If the space would be suitable with alterations which would normally be the responsibility of the owner agency, but the owner agency does not have funds to make those alterations, then the tenant agency may fund the alterations. In such cases, the rent charged the tenant shall be based upon the condition of the space prior to the alterations and the space will not be subject to preemption by the owner agency for a period of 10 years or such other time to which the two agencies shall agree. In any case the period shall be not less than three years.

In the case of renting, the acquiring agency shall guarantee to the holding agency continued occupancy of a period sufficient to amortize construction costs whenever extensive repairs and remodeling are required. Repairs and alterations shall be made in accordance with existing agreements.

III. It is recognized that both agencies have a vested interest in conserving energy Therefore, to ensure that both agencies benefit from the experience and technology of the other, it is agreed that each agency will furnish to the other reports, studies, research, and development data in the field of energy conservation once this information is accepted by the contracting agency. Additionally, internal policies and procedures relating to energy conservation shall be exchanged as they are issued.

IV. Both agencies recognize the National interest in preserving historic buildings, each having several hundred designated historic properties in its inventory. In order to conserve our Nation's cultural heritage it is agreed that as early as possible in the planning process each agency will notify the other as to its need to vacate an historic

building so that the other may give proper consideration to acquiring and utilizing such property.

V. It is recognized by both agencies that improved communications between USPS and GSA will benefit not only both agencies, but also all Federal agencies, local jurisdictions, and the general welfare. Many of the misundertandings result from problems and situations which are not covered in the present agreement between the two agencies (dated August 1974). Therefore, it is agreed that the existing agreement shall be amended and approved by both agencies no later than June 30, 1979. It is also agreed that the Commissioner of the Public Buildings Service of GSA and the Assistant Postmaster General, Real Estate and Buildings Department of the United States Postal Service, shall meet annually in September to review the continuing working relationship of the agencies. Such meetings will commence in September 1979.

It is also agreed that the terms of the agreement between GSA and USPS shall be equally binding on both agencies, internal regulations of either agency notwithstanding. In order to maintain continuity and coordination with respect to this agreement, there will be a single point of contact within each agency for all matters pertaining to the relationship between GSA and USPS. That contact shall, in turn, be responsible for coordinating within his respective agency. At GSA, the point of contact will be the Assistant Commissioner for Space Management, Public Buildings Service. At USPS, the point of contact shall be the Director, Office of Real Estate. The point of contact for exchange of project requirements, as specified by sections I and II of this agreement, at the regional level are as follows: the GSA contact shall be the Director, Space Management Division, Public Buildings Service, and the USPS contact shall be the General Manager, Real Estate Division.

VI. Upon signing this memorandum of cooperation agreement, GSA and USPS shall issue appropriate instructions to the field implementing this agreement. The agreement will become effective 90 days after it is signed to allow each agency time to issue the proper implementing instruction. Jay Solomon, Administrator.

Dated: March 21, 1979. William F. Bolger, Postmaster General. Dated: March 23, 1979.

§ 101-17.4902 GSA forms.

(a) Forms referenced to this §10117.4902 are GSA forms. The subsection numbers in this section correspond to the GSA form number.

(b) Agencies may obtain their initial supply of GSA forms from General Services Administration (3BRDD), Union and Franklin Streets Annex, Building 11, 11, Alexandria, VA 22314. Agency field offices should submit all future requirements to their Washington headquarters office which will forward consolidated annual requirements to the General Services Administration (BRAF), Washington, DC 20405.

§ 101–17.4902–144 GSA Form 144, Space Requirements.

NOTE: Form filed as part of original document.

179-165 0-98-5

101-18.202 Expenses incidental to transfer. 101-18.203 Litigation expenses.

Subpart 101-18.3 [Reserved]

AUTHORITY: 40 U.S.C. 486(c); sec. 1-201(b), E.O. 12072, 43 FR 36869.

SOURCE: 39 FR 23202, June 27, 1974, unless otherwise noted.

§ 101-18.000 Scope of part.

This part prescribes policies and procedures governing acquisition of interests in real property.

[58 FR 40592, July 29, 1993]

§ 101-18.001 Authority.

This part implements applicable provisions of the Federal Property and Administrative Services Act of 1949, as amended, 63 Stat. 377 (40 U.S.C. 471 et seq.); the Act of August 27, 1935, as amended, 49 Stat. 886 (40 U.S.C. 304c); the Public Buildings Act of 1959, as amended, Pub. L. 86-249, 73 Stat. 479 (40 U.S.C. 601-615); the Public Buildings Cooperative Use Act of 1976, Pub. L. 94– 541, 90 Stat. 2505; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894; the Federal Urban Land-Use Act, Pub. L. 90-577, 82 Stat. 1104 (40 U.S.C. 531-535); the Rural Development Act of 1972, as amended, Pub. L. 92-419, 86 Stat. 657 (42 U.S.C. 3122); the Fair Housing Act, as amended, Pub. L. 90-284, 82 Stat. 81 (42 U.S.C. 3601 et seq.); Reorganization Plan No. 18 of 1950, 15 FR 3177, 64 Stat. 1270 (40 U.S.C. 490 note); Executive Order 12072, 43 FR 36869 (40 U.S.C. 490 note); and OMB Circular A-95 (41 FR 2052).

[58 FR 40592, July 29, 1993]

Subpart 101-18.1 Acquisition by Lease

SOURCE: 58 FR 40592, July 29, 1993, unless otherwise noted.

§ 101-18.100 Basic policy.

(a) GSA will lease privately owned land and building space only when needs cannot be satisfactorily met in Government-controlled space and:

(1) Leasing proves to be more advantageous than the construction of a new

or alteration of an existing Federal building;

(2) New construction or alteration is not warranted because requirements in the community are insufficient or indefinite in scope or duration; or

(3) Completion of a new building within a reasonable time cannot be ensured.

(b) Available space in buildings under the custody and control of the United States Postal Service (USPS) will be given priority consideration in fulfilling Federal agency space needs.

(c) Acquisition of space by lease will be on the basis most favorable to the Government, with due consideration to maintenance and operational efficiency, and only at charges consistent with prevailing scales for comparable facilities in the community.

(d) Acquisition of space by lease will be by negotiation except where the sealed bid procedure is required by 41 U.S.C. 253(a). Except as otherwise provided in 41 U.S.C. 253, full and open competition will be obtained among suitable available locations meeting minimum Government requirements.

(e) When acquiring space by lease, the provisions of §101-17.205 regarding determination of the location of Federal facilities shall be strictly adhered to.

(f) When acquiring space by lease, the provisions of section 110(a) of the National Historic Preservation Act of 1966 (16 U.S.C. 470), as amended, regarding the use of historic properties shall be strictly adhered to.

§ 101-18.101 Acquisition by GSA.

(a) GSA will perform all functions of leasing building space, and land incidental thereto, for Federal agencies except as provided in this subpart.

(b) Officials or employees of agencies for which GSA will acquire leased space shall at no time, before or after a space request is submitted to GSA or after a lease agreement is made, directly or indirectly contact lessors, offerors, or potential offerors for the purpose of making oral or written representation or commitments or agreements with respect to the terms of occupancy of particular space, tenant improvements, alterations and repairs, or payment for overtime services, unless

authorized by the Director of the Real Estate Division in the responsible GSA regional office or facility support center.

§ 101-18.102 Acquisition by other agencies.

(a) Acquisitions of leased space by agencies possessing independent statutory authority to acquire such space are not subject to GSA approval or authority.

(b) Upon request, GSA will perform, on a reimbursable basis, all functions of leasing building space, and land incidental thereto, for Federal agencies possessing independent leasing authority.

(c) GSA reserves the right to accept or reject reimbursable leasing service requests on a case-by-case basis.

§ 101-18.103 Agency cooperation.

The heads of executive agencies shall:

(a) Cooperate with and assist the Administrator of General Services in carrying out his responsibilities respecting office buildings and space;

(b) Take measures to give GSA early notice of new or changing space requirements;

(c) Seek to economize their requirements for space; and

(d) Continuously review their needs for space in and near the District of Columbia, taking into account the feasibility of decentralizing services or activities which can be carried on elsewhere without excessive costs or significant loss of efficiency.

§ 101-18.104 Delegation of leasing authority.

(a) Agencies are authorized to perform for themselves all functions with respect to the acquisition of leased space in buildings and land incidental thereto when the following conditions are met:

(1) The space may be leased for no rental, or for a nominal consideration of $1.00 per annum, and shall be limited to terms not to exceed one (1) year;

(2) Authority has been requested by an executive agency and a specific delegation has been granted by the Administrator of General Services;

(3) A categorical delegation has been granted by the Administrator of General Services for space to accommodate particular types of agency activities, such as military recruiting offices or space for certain county level agricultural activities. A listing of categorical delegations is found at § 101-18.104-2; or (4) The required space is found by the Administrator of General Services to be wholly or predominantly utilized for the special purposes of the agency to occupy such space and is not generally suitable for use by other agencies. Prior approval of GSA shall be obtained before an agency initiates a leasing action involving 2,500 or more square feet of such special purpose space. The request for approval and a Standard Form 81 shall be filed with the GSA regional office having jurisdiction in the area of the proposed leasing action as shown in §101-17.4801. GSA's approval shall be based upon a finding that there is no vacant Government-owned or leased space available that will meet the agency's requirements.

A listing of agency special purpose space delegations is found at $10118.104-3.

(b) The Departments of Agriculture, Commerce, and Defense may lease their own building space, and land incidental to its use, and provide for its operation, maintenance, and custody when the space is situated outside an urban center. Such leases shall be for terms not to exceed five (5) years. A list of urban centers follows.

LIST OF URBAN CENTERS

Aberdeen, SD: Brown County.

Abil:

Jones County. Taylor County. Akron, OH:

Portage County. Summit County. Alaska:

The entire State. Albany, GA:

Dougherty County. Albany, IL:

Whiteside County. Albany, OR:

Linn County.

Albany-Schenectady-Troy, NY:

Albany County.

Rensselaer County.
Saratoga County.

Schenectady County. Albuquerque, NM:

Bernalillo County.

Alexandria, LA:

Rapides Parish.

Allentown-Bethlehem-Easton, PA-NJ:

Lehigh County, PA.

Northampton County, PA.

Warren, NJ.

Altoona, PA:

Blair County.

Amarillo, TX:

Potter County.

Randall County.

Anaheim-Santa Ana-Garden Grove, CA:

Orange County.

Ann Arbor, MI:

Washtenaw County.

Asheville, NC:

Buncombe County.

Athens, GA:

Clarke County.

Atlanta, GA:

Clayton County.
Cobb County.
De Kalb County.
Fulton County.

Gwinnett County.

Atlantic City, NJ:

Atlantic County.

Augusta, GA-SC:

Richmond County, GA.
Aiken County, SC.

Augusta, ME:

Kennebec County.

Austin, TX:

Travis County.

Bakersfield, CA:

Kern County.

Baltimore, MD:

Baltimore City.

Anne Arundel County.

Baltimore County.

Carroll County.

Howard County.

Baton Rough, LA:

East Baton Rouge Parish.

Battle Creek, MI:

Calhoun County.

Bay City, MI:

Bay County.

Beaumont-Port Arthur, TX:

Jefferson County. Orange County. Billings, MT:

Yellowstone County. Binghampton, NY-PA: Broome County, NY. Tioga County, NY. Susquehanna County, PA. Birmingham, AL:

Jefferson County. Bismarck, ND:

Burleigh County.

Boise, ID:

Ada County.

Boston, MA:

Essex County.

Middlesex County.

Norfolk County.

Plymouth County.

Suffolk County. Bridgeport, CT: Fairfield County. New Haven County. Brockton, MA:

Bristol County.

Norfolk County.

Plymouth County.

Brownsville-Harlingen-San Benito, TX:

Cameron County.

Buffalo, NY:

Erie County.

Niagara County.

Burlington, VT:

Chittenden County.

Butte, MT:

Silver Bow County.

Calexico-El Centro, CA:

Imperial County.

Canton, OH:

Stark County.

Casper, WY:

Narrona County.

Cedar Rapids, IA:

Linn County.

Champaign-Urbana, IL:

Champaign County.

Charleston, SC:

Berkeley County.

Charleston, County.

Charleston, WV:

Kanawha County.

Charlotte, NC:

Mecklenburg County.

Union County. Charlottesville, VA: Charlottesville City. Albemarle County. Chattanooga, TN-GA:

Hamilton County, TN. Walker County, GA. Cheyenne, WY:

Laramie County. Chicago, IL:

Cook County. Du Page County. Kane County. Lake County. McHenry County. Will County. Cincinnati, OH-KY-IN: Clermont County, OH. Hamilton County, OH. Warren County, OH. Boone County, KY. Campbell County, KY. Kenton County, KY. Dearborn County, IN. Cleveland, OH:

Cuyahoga County.

Geauga County.

Lake County.
Medina County.