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lishment of the Rent charge for space and services provided by GSA.

any space for which an agency pays GSA directly. The Rent charge approximates commercial charges for comparable space and services.

8 101–21.201 Determination of rent.

8 101–21.003-3 Standard levels of sery

ice. Standard levels of service means those services provided as part of the Rent charge, depending upon the type of space occupied, and as defined in Subpart 101-21.3 ad 101–20.1 of this part.

8 101-21.003–4 Special services.

Special services means those services that are not included in the standard level of services but are provided by GSA on a reimbursable basis upon request.

(a) The Rent charge is established by GSA and approved by the Office of Management and Budget. The charge reflects approximate equivalent commercial rates for comparable space and services, and is based on the type, quality, and geographic location of the space provided. Rent charges are based on appraisals performed by professional appraisers every five years and updated in the intervening years by changes in the local Consumer Price Index (CPI). Adjustments for increases or decreases in service and utility costs in the area where the building is located are based on weighted averages of amounts expended by GSA.

(b) Rent charges for GSA-controlled space entering the inventory after budget estimates are provided to customer agencies, are developed by appraisal prior to the assignment of the space. Annual adjustments are made as previously explained in this section.

§ 101-21.003–5 Space and services.

Space and services means the combination of space occupied and the related services provided for that space.

Subpart 101-21.1-General

$ 101-21.101 Background.

The principal intent of section 210(d) of the Federal Property and Administrative Services Act of 1949, as amended is to promote greater efficiency and effectiveness in the use and management of Government-owned and -leased space. To this end, the assessment of charges that approximate commercial rates for comparable space and services will stimulate efficient space utilization, induce performance budgeting through the more realistic reporting of program costs, provide the basis for a responsible landlord-tenant relationship between GSA and other agencies, and establish a sound financial structure for the acquisition, construction, repair, alteration, maintenance, protection, and operation of real property.

$ 101–21.202 Joint-use space.

In those buildings where GSA has assignment responsibility and there is joint-use space such as cafeterias, auditoriums, conference

rooms, credit unions, visitor parking spaces not specifically assigned, and snack bars, each agency provided access to or use of the facilities occupying the joint-use space will be charged a pro rata share of the space costs based on the percentage of the space assigned.

8 101–21.203 Exceptions.

In those buildings where GSA is responsible only for alterations, the charges for such alterations will approximate the cost incurred.

g 101–21.102 Applicability.

Rules and regulations in this part 101-21 apply to all agencies assigned space by GSA.

Subpart 101-21.2-Rent

§ 101-21.204 Exemptions.

The Administrator of General Services may exempt any occupant from Rent if he determines that application of the charge would be infeasible or impractical. Requests for exemption must be made in writing to the Administrator.

8 101-21.200 General.

This subpart prescribes the policies and procedures governing the estab

where access by the occupant is available without additional cost to GSA.

8 101-21.205 Space and services pro

vided by other executive agencies. Any executive agency other than GSA that provides to anyone space and services is authorized to charge the occupant for the space and services at rates approved by the Administrator of General Services.

8 101-21.300-1 Flexitime.

Occupant agencies who extend their regular work schedule by a system of flexible hours shall reimburse GSA for the actual cost of the additional services required.

8 101-21.206 Revision of rent rates.

GSA will review Rent rates annually to insure that they approximate commercial rates. Rates will be revised according to the criteria described in $ 101–21.201. GSA will not increase its rates without notification through the Budget Estimate process except in the case of gross errors. Even in this special case, affected agencies are entitled to an opportunity to budget for the increase, if the revised total Rent charge is higher than the amount shown initially in the budget estimate. Eighteen months notice is generally given for an agency to budget for the increased Rent charges.

8 101-21.301 Standard services for

cleaning, mechanical operation, and

maintenance, Standard services for cleaning, mechanical operation, and maintenance shall be accomplished in accordance with the established GSA standards as cited in Subpart 101–20.1 of part 101.20 of this chapter.

8101-21.302 Other standard services.

GSA may provide additional services at appropriate levels and times that the Administrator of General Services determines to be necessary for efficient operations and proper servicing of space under the assignment responsibility of GSA.

g 101–21.207 Annual projections.

Annual projections of space assignments and related services are prescribed to provide occupant agencies with accurate data necessary for budget submission. Procedures for annual projections are described in $ 101-21.601.

101-21.303 Space exempted from the

standard levels of service. The Administrator of General Services may exempt from the standard levels of service space for which, because of its limited square footage or functional use, application of the standard levels of service would be infeasible or impractical.

Subpart 101-21.3-Standard

Levels of Service

Subpart 101-21.4 Reimbursable

Services

§ 101-21.401 Special services.

Special services not included in the standard levels of service are provided by GSA on a reimbursable basis. Funds for reimbursable services should be included in occupant agency budget submissions.

8 101-21.300 General.

The levels of service included in Rent approximate those currently furnished in commercial practice. They are based on the effort required to service the occupant agency's space for a 5-day week (Monday to Friday), one-shift regular work schedule. Adequate building start-up services before the occupant agency starts the regular work schedule and shutdown services after the occupant agency ceases the regular work schedule, even though the working hours of the occupant agency may be staggered, will be provided by GSA. Space, automatic elevator systems, lights and small office and business machines may be used on an incidental basis 24 hours a day, 7 days a week without additional payment to GSA

$ 101-21.402 Services performed by

other agencies. Agencies occupying space under the assignment responsibility of GSA that perform or contract for services normally provided for in the Rent levied by GSA will be reimbursed by GSA for the actual cost of services performed. The amount of reimbursement

will be limited to the cost of the serv

g 101-21.601 Budgeting information for ices to GSA if GSA had provided them.

rent. Approval to perform or contract for

(a) GSA provides to agencies sumsuch services must be obtained in ad

mary level and detailed documentation vance from the appropriate GSA re

in support of budgetary information it gional office.

submits for the space and related serv

ices it furnishes. The documentation Subpart 101-21.5—Funding identifies organizations and organizaProjects.

tional elements by an agency and bu

reau code numbering system. § 101-21.501 GSA funding responsibil- (b) Federal agencies that require reity.

location of other agencies because of Projects for the construction or al

expanding space needs are responsible

for funding. teration of public buildings, or for the alteration of leased buildings, for

(1) Moving, telecommunications, and

related costs incurred by GSA in relowhich GSA is responsible will be fi

cating displaced agencies and, nanced from the Federal Buildings

(2) above standard alterations comFund.

parable to their previously occupied g 101-21.502 Funding responsibilities

space on a square foot by square foot of other agencies.

basis and,

(3) Rent charges in excess of the (a) A department or agency may re

amount budgeted by the displaced quest an appropriation to cover the

agency until such time (no more than cost of the construction or acquisition

18 months) as the agency has had an of a facility defined as a public build

opportunity to budget for the increase. ing in $ 101–19.003–6 of this chapter when the Administrator of General Services

8 101-21.602 Billing procedures for has obtained the authorization therefor rent charges. and concurs with the request, and ap

(a) Bills for Rent are normally renproval has been given by the Office of

dered to the Central Office headManagement and Budget. The con

quarters of each agency occupying struction or acquisition of the facility

space under the assignment responshall be performed by GSA.

sibility of GSA. Under the OPAC (On(b) GSA shall, upon the request of a Line Payment and Collection), fordepartment or agency, construct, alter,

merly
SIBAC

(Simplified or acquire buildings other than public

Intragovernmental Billing and Collecbuildings which are normally financed

tion) system, payment is to be procby other agencies upon condition that

essed at the level of organization withfunds to cover the cost of the work

in an agency which relates to a Treasshall be transferred or reimbursement

ury Department 8-digit station symbol. shall be made to GSA.

(Forms with references to SIBAC will (c) Each Federal agency shall be re- continue to be used until stock is desponsible for the financing of special

pleted.) use facilities and equipment not con- (b) Bills for charges applicable to templated in the approved project.

current space assignments are rendered

quarterly at the beginning of the quarSubpart 101-21.6 Billings, Pay- ter. The billing includes adjustments

ments, and Related Budgeting for billing errors and changes in space Information for Space and

assignments made prior to or during Services Furnished Furnished by the

the previous quarter. Documentation General Services Administra

delineating billing errors and changes

in space assignments are provided with tion

bills.

(0) Agencies which have been as$ 101-21.600 Applicability.

signed an 8-digit station symbol by the These rules and regulations apply to Treasury Department (OPAC agencies) GSA and all agencies furnished space are billed in accordance with the proceand related services by GSA.

dures prescribed by the Treasury Fiscal Requirements Manual, Part VI, Chap- (c) Rates charged for recurring ter 5000. Non-OPAC, designated as above-standard-level

reimbursable BOAC (Billed Office Address Code) services shall be fixed to recover the agencies, are billed on GSA Form 789, approximate cost incurred by GSA in Statement, Voucher, and Schedule of providing such services. Recurring Withdrawals and Credits (referenced in above-standard-level reimbursable $ 101–2.4902–789 of this chapter).

services are those recurring services,

such as cleaning or utilities, which 8 101-21.602-1 Billing credits.

cannot readily be differentiated from If an error in billing occurs, an ad

the same type of services included in

the standard level. justment may be requested through the applicable GSA Regional Office by let

(d) The following basic types of reim

bursable work are performed by GSA ter, by GSA Form 2972 for OPAC Agencies, or by GSA Form 2992 for BOAC

on a fixed price basis. The fixed price is

the amount of the Reimbursable Work agencies. GSA applies a one year limi

Authorization (RWA) which is the autation standard to adjustment requests

thorized amount: received by letter or by GSA Form 2972

(1) Non-recurring services performed or 2992. Adjustment requests must be

above standard levels of service, such received within one year from the date

as out-of-cycle painting; of the Rent bill.

(2) Recurring services not included in

the standard level for which a price can 8 101-21.603 Budgeting information for reimbursable charges.

be established;

(3) Repairs and alterations in buildConcurrently with the Rent listings

ings not controlled by GSA; for the applicable budget year, GSA

(4) Special space alterations and adprovides an estimate of increases in the

justments performed by GSA in GSAcost of recurring reimbursable services

operated buildings, which are requested through the budget year based on pro

and financed by other agencies in acjections provided by the Office of Man

cordance with $ 101-20.106, Reimbursagement and Budget. These may be

able services, of this chapter; and used to escalate actual costs from cur

(5) Alteration projects up to the prorent year or preceding year data. The

spectus threshold. use of this information is not manda

(e) Where the amount of the RWA is tory.

less than $25,000, billing will occur at

termination date. Other bills will be 8 101–21.604 Billing procedures for re

rendered at the customer's option, imbursable charges.

based on delivered orders either month(a) Charges for reimbursable services

ly or quarterly. are billed to the level of organization (1) RWAS above the prospectus within an agency which relates to a threshold shall be performed on an acDepartment of the Treasury assigned 8- tual cost basis. In special cirdigit station symbol (OPAC agencies). cumstances, when GSA and the orderThis is accomplished under the On-Line ing agency agree, non-prospectus alterPayment and Collection (OPAC) proce- ations work may be performed on an dure. (See Treasury Fiscal Require- actual cost basis. GSA will inake every ments Manual, Part VI, Chapter 5000.) effort to obtain approval and certifiBOAC (Billed Office Address Code) cation of additional funds before incuragencies are charged for reimbursable ring any obligations in excess of 10 perservices by GSA billing directly to the cent of the authorized amount or $500, agency paying office cited on the reim

whichever is greater. However, failure bursable work authorization request. of GSA to notify the agency that obli(See $ 101–21.4901–2957, GSA Form 2957, gations will exceed the authorized Reimbursable Work Authorization.) amount, regardless of dollar amount,

(b) GSA Form 789, Statement, Vouch- does not relieve the agency of paying er, and Schedule of Withdrawals and in full the actual costs. Credits is used for billing purposes for (g) A Reimbursable Work AuthorizaBOAC agencies. (See illustration at tion request (Form 2957 or other ac$ 101–2,4902–789 of this chapter).

ceptable request) must be completed

and approved by GSA and an agency official certifying that he/she has the authority to order the services and commit the agency to payment.

(h) Bills for recurring above-standard level services are rendered in advance at an established cost equal to the estimated amount. This type of work authorization, with the right to cancel (subject to incurred costs and obligations) upon 60 days notice by either party must be completed and forwarded to GSA prior to the commencement of the period for which services are required. With the exception of recurring work authorizations for utilities, which GSA may limit to 3-month periods, each recurring type work authorization must authorize charges for the full period during the fiscal year that the services will be required. These work authorizations must always begin and end within the same fiscal year.

(i) Agencies shall be responsible for timely payment and resolving any billing problems regarding orders they place under GSA contracts.

[57 FR 44693, Sept. 29, 1992, as amended at 62 FR 27973, May 22, 1997]

square foot, whichever is greater, and when the quarterly Rent charge is in excess of the comparable commercial charge for that quality of space by $25,000. Formal appeals should be filed with the appropriate Regional Administrator. To determine if the Rent charge assessed is subject to appeal under this procedure, an agency is required to compare its assigned space with other space in the surrounding community that:

(1) is available in similar size blocks of space in a comparable location,

(2) is the same type of space as defined by GSA,

(3) provides similar service levels as part of the charges,

(4) contains similar contractual terms, conditions, and escalation clauses, and

(5) represents a lease transaction completed at a similar point in time. Data from at least three comparable locations will be necessary to demonstrate a market trend sufficient to warrant revising a Rent rate. Agencies filing appeals must develop documentation supporting an appeal of the Rent charge assessed using the factors described in this paragraph.

(c) An appeal shall initially be filed by local agency officials with the appropriate GSA regional office and include all pertinent information and documentation supporting the need for the appeal. The GSA regional office will verify the data submitted and perform additional investigation as necessary. The GSA Regional Administrator will determine the validity of the appeal and will notify the appealing agency of his ruling.

(d) A further appeal may be filed by the agency's bureau level officials with the Commissioner Public Buildings Service, GSA, if an equitable resolution has not been obtained from the initial appeal. The second stage appeal must provide supporting information justifying the continuation of the appeal.

(e) A head of an agency may further appeal to the Administrator of General Services only after the procedure to obtain prior resolution at the first two levels has been followed. Documentation of the procedure followed for prior resolution must accompany an appeal

g 101-21.605 Payment procedures.

Payment of billings for space and services to OPAC agencies shall be in accordance with the procedures prescribed by the Treasury Fiscal Requirements Manual, Part VI, Chapter 5000. Billings for space and services to BOAC agencies shall be paid promptly by check or transfer document upon receipt of the billing document, in accordance with the GAO Manual for Guidance of Federal Agencies, title 7, Fiscal Procedures, Ch. 2, Sec. 7.3(b).

8 101–21.606 Reviews and appeals.

(a) Agencies may at any time request & regional review of the measurement, classification, service levels provided, or charges assessed that pertain to the space assignment without resorting to formal procedures. Such requests do not constitute appeals and should be directed to the appropriate GSA regional office.

(b) Agencies may file formal appeals on the Rent assessed, but only when the charge assessed is in excess of the comparable commercial square foot rates by 20 per cent or one dollar per

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