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8 101-18.104-1 Limitations on the use
of delegated authority. (a) The authority granted in and pursuant to this subpart shall be exercised in accordance with the requirements and limitations of the Federal Property and Administrative Services Act of 1949, as amended; the Budget Enforcement Act of 1990 and OMB Bulletin 91-02, Part B; Federal Property Management Regulations, subchapter D, those authorities listed in $101– 18.001; and other applicable laws and regulations, including the General Services Administration Acquisition Regulation (GSAR), the Competition in Contracting Act (CICA), and other OMB requirements.
(b) Pursuant to GSA's long-term authority contained in section 210(h)(1) of the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 490(h)(1)), agencies delegated the authorities outlined herein may enter into leases for the term specified. In those cases where agency special purposes space delegations include the authority to acquire unimproved land, the land may be leased only on a fiscal year basis.
(c) In accordance with section 7(a) of the Public Buildings Act of 1959, as amended (40 U.S.C. 606), agencies must submit a prospectus to the Administrator of General Services for leases involving a net annual rental in excess of $1.6 million excluding services and utilities.
NOTE: The thresholds for prospectuses are indexed, and change each year.
(d) Agencies having a need for other than temporary parking accommodations in the urban centers listed in $ 101–18.102, for Government-owned motor vehicles not regularly house by GSA, shall ascertain the availability of Government-owned or-controlled parking from GSA in accordance with the procedures outlined in $101–17.202–2 prior to instituting procurement action to acquire parking facilities or services.
section. Except where otherwise noted, leases may be for terms, including all options, of up to 20 years. The types of space subject to categorical space delegations may be located inside or outside urban centers and are as follows:
(a) Space to house antennas, repeaters, or transmission equipment;
(b) Depots, including, but not limited to, stockpiling depots and torpedo net depots;
(c) Docks, piers, and mooring facilities (including closed storage space required in combination with such facilities);
(d) Fumigation areas;
(e) Garage space (may be leased only on a fiscal year basis);
(8) Hangars and other airport operating facilities including, but not limited to, flight preparation space, aircraft storage areas, and repair shops;
(h) Hospitals, including medical clinics;
(i) Housing (temporary), including hotels (does not include quarters obtained pursuant to temporary duty travel or employee relocation);
(k) Quarantine facilities for plants, birds, and other animals;
(1) Ranger stations; i.e., facilities which typically include small offices staffed by one or more uniformed employees, and may include sleeping/family quarters, parking areas, garages, and storage space. Office space within ranger stations is minimal and does not comprise a majority of the space. (May also be referred to as guard stations, information centers, or kiosks.)
(m) Recruiting space for the armed forces (lease terms, including all options, limited to 5 years);
(n) Schools directly related to the special purpose function(s) of an agency;
(0) Specialized storage/depot facilities, such as cold storage; self-storage units; and lumber, oil, gasoline, shipbuilding materials, and pesticide materials/equipment storage (general purpose warehouse type storage facilities not included);
(p) Space for short-term use as provided in $101–17.203 (lease terms limited to 180 days with extensions granted on a case-by-case basis).
g 101-18.104–2 Categorical space dele
gations. Subject to the limitations cited in $101–18.104-1, all agencies are authorized to acquire the types of space listed in paragraphs (a) through (p) of this
8 101-18.104-3 Agency special purpose
space delegations. Subject to the limitations cited in $ 101-18.104-1, the agencies listed below are authorized to acquire the types of space associated with that agency. Except where otherwise noted, agency special purpose space may be leased for terms, including all options, of up to 20 years. Such space may be located either inside or outside urban centers. The agencies and types of space subject to special purpose space delegations are as follows:
(a) Department of Agriculture:
(1) Cotton classing laboratories (lease terms, including all options, limited to 5 years);
(2) Land (if unimproved, may be leased only on a fiscal year basis);
(3) Miscellaneous storage by cubic foot or weight basis;
(4) Office space when required to be located in or adjacent to stockyards, produce markets, produce terminals, airports, and other ports (lease terms, including all options, limited to 5 years);
(5) Space for agricultural commodities stored in licensed warehouses and utilized under warehouse contracts;
(6) Space utilized in cooperation with State and local governments or their instrumentalities (extension services) where the cooperating State or local government occupies a portion of the space and pays a portion of the rent.
(b) Department of Commerce:
(1) Census Bureau-Space required in connection with conducting the decennial census (lease terms, including all options, limited to 5 years);
(2) Laboratories for testing materials, classified or ordnance devices, calibration of instruments, and atmospheric and oceanic research (lease terms, including all options, limited to 5 years);
(3) Maritime training stations; (4) Radio stations;
(5) Land (if unimproved, may be leased only on a fiscal year basis);
(6) National Weather Service meteorological facilities.
(c) Department of Defense:
(1) Air Force Civil Air Patrol Liaison Offices and land incidental thereto when required for use incidental to, in conjunction with, and in close proxim
ity to airports, including aircraft and warning stations (if unimproved, land may be leased only on a fiscal year basis; for space, lease terms, including all options, limited to 5 years);
(3) Film library in the vicinity of Washington, DC;
(4) Leased building at Air Force Base, Jackson, MS;
(5) Mess halls;
(6) Ports of embarkation and debarkation;
(7) Post exchanges;
(8) Postal Concentration Center, Long Island City, NY;
(9) Recreation centers;
(12) Testing laboratories (lease terms, including all options, limited to 5 years).
(d) Department of Energy: Facilities housing the special purpose or special location activities of the old Atomic Energy Commission.
(e) Federal Communications Commission: Monitoring station sites.
(f) Department of Health and Human Services: Laboratories (lease terms, including all options, limited to 5 years).
(8) Department of the Interior:
(1) Space in buildings and land incidental thereto used by field crews of the Bureau of Reclamation, Bureau of Land Management, and the Geological Survey in areas where no other Government agencies are quartered (if unimproved, land may be leased only on a fiscal year basis);
(2) National Parks Monuments Visitors Centers consisting primarily of special purpose space (e.g., visitor reception, information, and rest room facilities) and not general office or administrative space.
(h) Department of Justice:
(1) U.S. marshals Office in any Alaska location (lease terms, including all options, limited to 5 years);
(2) Border Patrol Offices similar in character and utilization to policy stations, involving the handling of prisoners, firearms, and motor vehicles, regardless of location (lease terms, including all options limited to 5 years);
(3) Space used for storage and maintenance of surveillance vehicles and 101-18.105 Contingent fees and relat
The provisions of subpart 3.4 of Title 48 with respect to contingent fees and related procedure are hereby made applicable to all negotiated and sealed bid contracts for the acquisition of real property by lease. The representations and covenants required by that subpart shall be appropriately adapted for use in leases of real property for Government use.
seized property (lease terms, including all options, limited to 5 years);
(4) Space used for review and custody of records and other evidentiary materials (lease terms, including all options, limited to 5 years);
(5) Space used for trail preparation where space is not available in Federal Buildings, Federal Courthouses, USPS facilities, or GSA-leased buildings (lease terms limited to not more than 1 year.)
(i) Office of Thrift Supervision: Space for field offices of Examining Divisions required to be located within Office of Thrift Supervision buildings or immediately adjoining or adjacent to such buildings (lease terms, including all options, limited to 5 years).
(j) Department of Transportation: (1) Federal Aviation Administration:
(i) Land at airports (if unimproved, land may be leased only on a fiscal year basis);
(ii) Not to exceed 10,000 square feet of space at airports that is used predominantly as general purpose office space in buildings under the jurisdiction of public or private airport authorities (lease terms, including all options, limited to 5 years);
(2) U.S. Coast Guard:
(i) Space for the oceanic unit, Woods Hole, MA;
(ii) Space for port security activities. (k) Department of the Treasury:
(1) Comptroller of the CurrencySpace and land incidental thereto for the use of the Comptroller of the Currency, as well as the operation, maintenance and custody thereof (if unimproved, land may be leased only on a fiscal year basis; for space, lease term, including all options, limited to 5 years);
(2) U.S. Customs Service-Aerostat radar facilities necessary for agency mission activities;
(1) Department of Veterans Affairs:
(1) Guidance and training centers located at schools and colleges;
(2) Space used for veterans hospitals, including outpatient and medical-related clinics, such as drug, mental health, and alcohol.
8 101-18.106 Application of socio
economic considerations. (a) In acquiring space by lease, agencies will avoid locations which will work a hardship on employees because (1) there is a lack of adequate low- and moderate-income nondiscriminatory housing for employees within reasonable proximity to the location, and (2) the location is not readily accessible from other areas of the community.
(b) Consideration of low- and moderate-income nondiscriminatory housing for employees and the need for development and redevelopment of areas for socioeconomic improvement will apply to the acquisition of space by lease where:
(1) 100 or more low- or moderate-income employees are expected to be employed in the space to be leased; and
(2) The proposed leasing action involves residential relocation of a majority of the existing low- and moderate-income work force, a significant increase in their transportation or parking costs, travel time that exceeds 45 minutes to the new location, or a 20 percent increase in travel time if travel time to the present facility already exceeds an average of 45 minutes; or
(3) GSA requests Department of Housing and Urban Development (HUD) review in lease actions of special importance not covered by paragraphs (b) (1) and (2) of this section.
(c) HUD, as the agency responsible for providing information concerning the availability of nondiscriminatory low- and moderate-income housing in areas where Federal facilities are to be located, shall be consulted when such information is required.
(d) Other socioeconomic considerations described in $ 101–19.101 are also applicable to lease acquisitions.
Subpart 101-18.2-Acquisition by
Purchase or Condemnation
8 101-18.200 Purpose.
These regulations will:
(a) Encourage and expedite the acquisition of real property by agreements with owners;
(b) Avoid litigation where possible and relieve congestion in the courts;
(c) Insure consistent treatment of owners in the many Federal programs; and
(d) Promote public confidence in Federal land acquisition practices.
8 101-18.201 Basic acquisition policy.
GSA, to the greatest extent practicable, will:
(a) Make every reasonable effort to acquire expeditiously real property by negotiation.
(b) Appraise real property before the initiation of negotiations and give the owner or his designated representative an opportunity to accompany the ap praiser during his inspection of the property.
(c) Establish, prior to the initiation of negotiations for real property, an amount estimated to be the just compensation therefor and make a prompt offer to acquire the property for the full amount so established. GSA will provide the owner of the real property to be acquired with a written statement of the amount established as just compensation and a summary of the basis for it. Where appropriate, the just compensation for the real properly acquired and for damages to remaining real property will be separately stated. The summary statement to be furnished the owner will include the following:
(1) Identification of the real property and the estate or interest therein to be acquired;
(2) Identification of the buildings, structures, and other improvements considered to be part of the real property for which the offer of just compensation is made;
(3) A statement that GSA's determination of just compensation is based on the estimated fair market value of the property to be acquired. If only part of the property is to be acquired or the interest to be acquired is less
than the full interest of the owner, the statement will explain the basis for the determination of the just compensation;
(4) A statement that GSA's determination of just compensation is not less than its approved appraisal of the property; and
(5) A statement that any increase or decrease in the fair market value of the real property, prior to the date of valuation, caused by the public improvement or project for which the real property is to be acquired, or by the likelihood that the real property would be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded in making the determination of just compensation for the property.
(d) Acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property. This includes buildings, structures, or other improvements that GSA requires to be removed from the real property or that GSA determines will affect adversely the proposed use of the real property. If any buildings, structures, or other improvements comprising part of the real property are the property of an occupant who has the right or obligation to remove them at the expiration of his term, the total just compensation for the real property, including the property of the occupant, will be determined and the occupant will be paid the greater of the:
(1) Fair market value of the buildings, structures, or other improvements to be removed from the prop erty; or
(2) Contributive fair market value of the occupant's improvements to the fair market value of the entirety, which value should not be less than the value of his improvements for removal from the real property. Payment under this paragraph (d) of this section will not be a duplication of any payment otherwise authorized by law. No payment will be made unless the landowner disclaims all interests in the occupant's improvements and the occupant in consideration for such payment shall assign, transfer, and release to the Government all his right, title, and
§ 101-18.203 Litigation expenses.
GSA will plan for and take into consideration the possible liability for the payment of litigation expenses of a condemnee as provided for in section 304 of the Act.
Subpart 101-18.3 [Reserved)
AND ALTERATION OF PUBLIC BUILDINGS
interest in and to such improvements. The occupant may reject payment under this paragraph (d) of this section and obtain payment for his property interests in accordance with other applicable laws.
(e) Obtain only one appraisal on each parcel, tract, etc., of real property to be acquired unless GSA determines that circumstances require an additional appraisal or appraisals.
(f) Maintain records to verify that the landowner or his designated representative(s) was given an opportunity to accompany the appraiser during the inspection of the real property.
(8) Pay an owner or occupant or deposit such payment in the registry of the court before requiring him to surrender his property. To the maximum extent practicable, owners and occupants will be given at least 90 days' notice of displacement before being required to move from real property acquired by GSA. If permitted by GSA to remain in possession for a short period of time after Government acquisition, the rental charged for this occupancy will not be more than the fair rental value of the property to a short-term occupier.
(h) Not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his property. Offer to acquire the entire property where the acquisition of a part of a property will leave the owner with an uneconomic remnant.
8 101-18.202 Expenses
to transfer. GSA will amend its contract-to-sellreal-property forms to provide for reimbursement to vendors in amounts deemed by GSA to be fair and reasonable for the following expenses:
(a) Recording fees, transfer taxes (other than tax imposed on the United States), and similar expenses incidental to conveying the real property;
(b) Penalty cost for prepayment of any preexisting recorded mortgage entered into in good faith encumbering said real property; and
(c) The pro rata portion of real property taxes paid by the vendor for periods subsequent to the day title vests in the United States.
101–19.301 Emergency alteration projects. 101–19.302 Prospectuses for reimbursable al
Subpart 101-19.4-Construction Projects
101–19.401 Contracting for construction. 101–19.402 Architectural and engineering
Subpart 101-19.5-Delegation of Authority
101-19.501 Conditions justifying delegation. 101–19.502 Exercise of delegation.