§ 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, 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.

§ 101-21.203 Exceptions.

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

§ 101-21.204 Exemptions.

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

§ 101-21.205 Space and services provided 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.

§ 101-21.206 Revision of standard level user charge.

GSA will review the standard level user charge annually to insure that it approximates commercial rates. Rates will be revised according to the criteria described in § 101-21.201.

§ 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.

Subpart 101-21.3—Standard Levels of Service

§ 101-21.300 General.

The levels of service included in the Standard Level User Charge are approximately the same as 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 through Friday), one-shift regular work schedule. Adequate building startup 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 where access by the occupant is available without additional cost to GSA. (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) [42 FR 62485, Dec. 13, 1977]

§ 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 101-21.4-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.

(Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c))) [45 FR 22933, Apr. 4, 1980]

§ 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 standard level user charge levied by GSA will be reimbursed by GSA for the cost of services performed. The amount of reimbursement will be limited to the cost of the services to GSA if GSA had provided them. Approval to perform or contract for such services must be obtained from the GSA regional offices.

Subpart 101-21.5-Funding Projects

§ 101-21.501 GSA funding responsibility.

Projects for the construction or alteration of public buildings, or for the alteration of leased buildings, for which GSA is responsible will be financed from the Federal Buildings Fund.

§ 101-21.502 Funding responsibilities of other agencies.

(a) A department or agency may request an appropriation to cover the cost of the construction or acquisition of a facility defined as a public building in § 101-19.003-6 when the Administrator of General Services has ob

tained the authorization therefor and concurs with the request and approval has been given by the Office of Management and Budget. The construction or acquisition of the facility shall be performed by GSA.

(b) GSA shall, upon the request of a department or agency, construct, alter, or acquire buildings other than public buildings which are normally financed by other agencies upon condition that funds to cover the cost of the work shall be transferred or reimbursement shall be made to GSA.

(c) Each Federal agency shall be responsible for the financing of special use facilities and equipment not contemplated in the approved project.

(a) GSA provides to agencies summary level and detailed documentation in support of budgetary information it submits for the space and related services it furnishes. The documentation identifies organizations and organizational elements by an agency and bureau code numbering system.

(b) Federal agencies that require relocation of other agencies because of expanding space needs are responsible for funding (1) moving and related costs incurred by GSA in relocating displaced agencies and, (2) with respect to that amount of replacement space for the space previously occupied by the displaced agency(ies), such alterations above the standard provided by GSA as are required to make such amount of replacement space comparable to such previously occupied space on a square foot for square foot basis.

§ 101-21.602 Billing procedures for standard level user charges.

(a) Bills for standard level user charges are normally rendered to the Central Office headquarters of each agency occupying space under the assignment responsibility of GSA. Under the Simplified Interagency Billing and Collection (SIBAC) procedure, bills are directed to the level of organization within an agency which relates to a Treasury Department 8-digit station symbol.

(b) Bills for charges applicable to current space assignments are rendered quarterly at the beginning of the quarter. The billing includes adjustments for billing errors and changes in space assignments made prior to or during the previous quarter. Documentation delineating billing errors and changes in space assignments are provided with bills.

(c) Agencies which have been assigned an 8-digit station symbol by the Treasury Department (SIBAC agencies) are billed in accordance with the procedures prescribed by the Treasury Fiscal Requirements Manual, Part VI, Chapter 5000. Non-SIBAC agencies are billed on GSA Form 789, Statement Voucher, and Schedule of Withdrawals and Credits (illustrated in § 101-2.4902-789).

§ 101-21.602-1 Billing credits.

Effective July 1, 1975, agencies may request reductions in the standard levels of service; e.g., cleaning, protection, etc. Wherever it is practical and feasible for GSA to implement such reduced levels of service, and they not result in damage or deterioration to the buildings, create health or safety hazards, nor result in higher costs to GSA, such requests will be honored. Where such reduced levels of service are provided, appropriate credit will be included in agency billing.

§ 101-21.603 Budgeting information for reimbursable charges.

Estimates of recurring reimbursable services and charges are provided to agencies which have requested such services each year concurrently with the standard level user charge listings for the applicable budget year.

§ 101-21.604 Billing procedures for reimbursable charges.

(a) Charges for reimbursable services are billed to the level of organization within an agency which relates to a Department of the Treasury assigned 8-digit station symbol (SIBAC agencies). This is accomplished under the Simplified Intragovernmental Billing and Collection (SIBAC) procedure. (See Treasury Fiscal Requirements Manual, Part VI, Chapter 5000.) NonSIBAC agencies are charged for reimbursable services by GSA billing directly to the agency paying office cited on the reimbursable work authorization request. (See § 10121.4901-2957, GSA Form 2957, Reimbursable Work Authorization.)

(b) GSA Form 789, Statement, Voucher, and Schedule of Withdrawals and Credits is used for billing purposes for non-SIBAC agencies. (See illustration at § 101-2.4902-789.)

(c) Rates charged for recurring above-standard-level reimbursable services shall be fixed to recover the approximate cost incurred by GSA in providing such services. Recurring above-standard-level reimbursable

services are those recurring services, such as cleaning or utilities, which cannot readily be differentiated from the same type of services included in the standard level.

(d) The following basic types of reimbursable work are also performed by GSA but on an actual cost basis:

(1) Non-recurring services performed above standard levels of service, such as out-of-cycle painting;

(2) Recurring services not included in the standard level for which the actual cost can be readily identified;

(3) Repairs and alterations in buildings not controlled by GSA;

(4) Special space alterations and adjustments performed by GSA in GSAoperated buildings, which are requested and financed by other agencies in accordance with § 101-20.105, Reinbursable services; and

(5) Services financed by other agencies but performed by GSA personnel on construction and alteration projects.

(e) GSA Form 2957, Reimbursable Work Authorization, must be complet

ed before reimbursable work is begun. This authorization must describe the work or services ordered and include an estimate of the cost of the work described. Work authorizations must be signed by a responsible official capable of authorizing the obligation and committing the agency to payment of the charges, must contain a citation to the appropriation or funds to be charged, and must have statement that funds in the amount of the stated estimate are available for immediate obligation for the requested work. GSA will make every effort to obtain approval and certification of additional funds before incurring any obligations in excess of the estimate except when:

(1) Total obligations are incurred against reimbursable work authorizations with a total authorized amount of $1,000 or less in an amount exceeding the authorized amount by up to $100 and;

(2) Total obligations are incurred against reimbursable work authorizations with an authorized amount in excess of $1,000 by up to 10 percent of the amount or $1,000, whichever is less, unless such action would result in the estimated maximum costs exceeding $500,000 for which no specific congressional prospectus project approval or certification exempting the funds from section 7 of the Public Buildings Act of 1959, as amended, exists. However, failure of GSA to notify the agency that obligations will exceed the authorized amount, regardless of the dollar amount, does not relieve the agency of paying full actual costs.

(f) Bills for recurring above-standard-level services (identified by prefix "R" in the first position of the work authorization number on GSA Form 2957) are rendered in advance at a fixed-price 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 "R" 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.

(g) Bills for all other reimbursable services are rendered quarterly in an amount equal to the obligations accumulated for the billing period. A final adjustment to actual cost will be made upon completion of the services.

(h) Agencies shall ensure that bills for special space alteration services ordered by them under provisions of § 101-20.105(a) shall be rendered by the contractor or lessor directly to the agencies' paying office. The agencies shall be responsible for timely payment and resolving any billing problems regarding orders they place under the contracts or agreements.

(Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) [39 FR 23232, June 27, 1974, as amended at 43 FR 11820, Mar. 22, 1978; 47 FR 41361, Sept. 20, 1982; 50 FR 14243, Apr. 11, 1985]

§ 101-21.605 Payment procedures.

Payment of billings for space and services to SIBAC 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 non-SIBAC agencies shall be paid promptly by check or transfer document upon receipt of the billing document.

§ 101-21.606 Reviews and appeals.

(a) Agencies may at any time request a regional review of the measurement, classification, quality rating, 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 standard level user charge assessed, but only when the charge assessed is in excess of the comparable commercial square foot rates by 25 percent or 50 cents a square foot, whichever is greater, or when the quarterly standard level user charge is in excess of the comparable commercial charge for that quality of space by more than $12,500. To determine if

the standard level user 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) is of similar quality rating as determined by GSA criteria, and (4) provides similar service levels as part of the charges. Agencies filing appeals must develop documentation supporting an appeal of the standard level user 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 filled 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 to the Administrator. Decisions made by the Administrator shall be final.

(f) Adjustments to the standard level user charge rates that emanate from the reviews and appeals procedure are effective at the beginning of the quarter following the ruling. Adjusted rates remain in effect for the remainder of the fiscal year.

[39 FR 23232, June 27, 1974, as amended at 40 FR 23856, June 3, 1975]

Subparts 101-21.7-101-21.48[Reserved]

Subpart 101-21.49-Forms

§ 101-21.4900 Scope of subpart.

This subpart contains information on forms that pertain to reimbursable services.

§ 101-21.4901 GSA forms.

(a) The form referenced in § 10121.4901 is a GSA form. The subsection number in this section corresponds to the GSA form number.

(b) Agencies may obtain information and a supply of forms from any GSA buildings manager.

§ 101-21.4901-2957 GSA Form 2957, Reimbursable Work Authorization.

NOTE: Form is filed as part of original document.