Policies, Responsibilities, and Terms for Lease Space Management

Citation
370 FW 1
FWM Number
N/A
Date
Supersedes
370 FW 1, 12/02/09
Originating Office
Division of Acquisition and Property Policy Management

1.1 What is the purpose of this chapter? This chapter describes the following for all the chapters in Part 370, Space Management:

A. Overall U.S. Fish and Wildlife Service (Service) lease space management policy,

B. Scope,

C. Authorities,

D. Responsibilities, and

E. Terms we use in the chapters.

1.2 How is Part 370, Space Management, organized? Table 1-1 shows how we have organized Part 370, Space Management.

Table 1-1: Organization of Part 370

Chapter

Content

370 FW 1, Policy, Responsibilities, and Terms for Lease Management

Provides overall background information for the Part and describes the Service’s responsibilities for lease management.

370 FW 2, Planning, Requesting, and Approving Lease Space

Describes how to determine how much lease space is needed and how to make a request for lease space and get approval.

370 FW 3, Managing and Relinquishing Lease Space

Explains how we manage day-to-day operations at lease spaces, how and when we can alter lease spaces, and how we can relinquish lease space.

370 FW 4, Delegation of Leasing Authority

Describes when the Service can lease its own space and how to get approval to do so.

1.3 What is the Service lease space management policy? It is our policy to:

A. Comply with all Federal leasing policy, requirements, and directives.

B. Use available Service-owned or existing General Services Administration (GSA)-provided office or warehouse space that satisfies our space requirements. If we can’t use available space, we may:

(1) Acquire additional Government-owned or lease office or warehouse space through GSA, or

(2) Seek Delegation of Leasing Authority (see 370 FW 4) from GSA to acquire office or warehouse space from someone other than GSA.

C. Evaluate opportunities to consolidate office space in Service-owned facilities, or collocate with other Departmental bureaus or Federal agencies to gain space efficiencies when feasible.

D. Plan our space:

(1) In compliance with the Service’s space utilization standards found in 370 FW 2,

(2) Using the Service’s Space Calculator Tool (see Exhibit 1) to develop requirements and document that space utilization standards and guidelines are met,

(3) When possible, using “open floor” space designs compatible with greening and cost reduction goals (see planning models in the Space Management Handbook), and

(4) In accordance with GSA’s requirements to update our lease space to meet national and local building codes, energy and water-conservation efficiencies, life-safety, accessibility and environmental requirements, etc.

E. Plan our administrative portion of owned office space using the same utilization and allocation standards as we do in our lease space.

1.4 What is the scope of this chapter? This chapter applies to leased space, service-owned space, and Service-Managed but Not Service-Owned (SMNSO) space.

1.5 What are the authorities for the chapters in Part 370?

A. Federal Property Management Regulations (41 CFR 101-17 and 102).

B. 425 DM 1 through 6, Space Management.

C. Utilization Guidelines from the Department of the Interior Deputy Assistant Secretary, Policy Management and Budget, and the Director, Office of Acquisitions and Property Management.

D. GSA Acquisition Manual (GSAM) Part 570, Acquiring Leasehold Interests in Real Property.

E. Executive Order 12072, Federal Space Management.

F. Executive Order 13327, Federal Real Property Asset Management.

G. Office of Management and Budget (OMB) Circular A-123, Management’s Responsibility for Internal Control.

H. The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j).

1.6 What terms do you need to know to understand the chapters in Part 370?

A. Categorical Space Leasing. This is a specific lease contracting authority that GSA has delegated to the Service, through the Department. We use this to acquire specific types of space such as boat docks, airplane hangars, and antenna and self-storage space.

B. Delegation of Lease Management Authority. This is authority that GSA may delegate, through the Headquarters (HQ) Division of Contracting and General Services (CGS) or Regional CGS offices, to a designated Regional Space Coordinator or other Service employee to coordinate with landlords’ representatives on the day-to-day operations and maintenance aspects of our GSA lease space. See 370 FW 3 for more information.

C. Delegation of Leasing Authority. This is authority that GSA may give to Federal agencies to lease certain types and amounts of space. GSA has to provide a specific delegation to us for leasing non-emergency office and warehouse space. We have a blanket delegation of authority for categorical space leasing. Only a Warranted Leasing Contracting Officer may execute this authority. See 370 FW 4 for more information.

D. Delineated Area. This is a designated geographical area that GSA establishes (in conjunction with the Service) for which they will consider offers for our commercial lease space needs.

E. Lease. A lease is a binding legal document that establishes the rights and responsibilities of the parties to the lease. It usually is a contract through which an owner of an asset conveys the right to use its asset to another party for a specified period of time (the lease term) for specified periodic payments.

F. Occupancy Agreement. An occupancy agreement is a GSA document we use to formalize arrangements, terms, and funding for GSA-provided space.

G. Prospectus-level Lease. This is a lease that is at or above thresholds that GSA establishes that are applicable to Federal agencies operating under, or subject to, the authorities of the Administrator of GSA. For our policy, thresholds are established for the construction, alteration, and leasing of space. You can find the current prospectus threshold value for each fiscal year by visiting GSA’s Web site and entering “prospectus thresholds” in the Search field.

H. Service-Managed but Not Service-Owned Space (SMNSO). This is space that we may manage and control day-to-day use through an interagency or cooperative agreement, but that we don’t own. The formal agreements must also acknowledge responsibility for maintenance and repairs.

I. Utilization Rate. This is the unit of measure and Departmental compliance standard we use to plan the amount of office and office support space we allocate for employees and operations. See 370 FW 2 for more information.

J. 5-Year Space Management Plan. We use the 5-Year Space Management Plan to establish Regional and HQ space management goals andreport the effectiveness of our space leasing program. The objectives of the plan are to:

(1) Describe our strategy for space management;

(2) Outline our inventory of owned assets, direct leases, and GSA occupancy agreements;

(3) Report significant changes in our space portfolio;

(4) Assess space-related performance metrics we report to the Department; and

(5) Align Regional/HQ planning and space use with Departmental goals and program requirements.

1.7 Who is responsible for implementing this policy? See Table 1-2.

Table 1-2: Responsibilities for the Lease Space Program

These officials…

Are responsible for…

A. The Director

(1) Approving space management policy, and

(2) Ensuring resources are available to administer a lease space management program.

B. The Deputy Director (Operations)

Ensuring program and Regional compliance with lease space policies and initiatives.

C. The Assistant Director – Business Management and Operations (AD-BMO)

(1) Administering the Servicewide lease space management program in accordance with Departmental policies, procedures, and strategic goals;

(2) Approving HQ lease space requests and allocations;

(3) Approving Regional lease space requests of 50,000 Rentable Square Feet (RSF) and greater;

(4) Coordinating with senior GSA officials on leasing issues; and

(5) Including lease space management as a component of the Service’s internal control program.

D. The HQ Directorate

(1) Ensuring program compliance with lease space policies, procedures, and strategic goals;

(2) Designating a HQ Manager to serve as a “Facilities” contact to coordinate with CGS on HQ lease space and facilities issues; and

(3) Sending HQ space requests to CGS for coordination, processing, and review and approval by the AD-BMO.

E. Regional Directors

(1) Ensuring Regional compliance with lease space policies, procedures, and strategic goals;

(2) Allocating adequate resources to manage lease space activities within the Region;

(3) Approving lease space requests up to 50,000 RSF within the Region (excludes HQ program operations located within the Region). They must:

     (a) Send lease space requests of 50,000 RSF and greater (including prospectus-level leases) to the HQ CGS for review and approval by the AD-BMO, and

    (b) Once approved by AD-BMO, prospectus-level lease requests must then be sent to   the Department’s Director, Office of Acquisitions and Property Management for approval;

(4) Approving non-monetary agreements between other bureaus, Federal agencies, State and local entities, and non-profit groups that provide use of SMNSO space for Service employees and operations. These agreements:

     (a) Must be authorized by statute and established for mission or cooperative purposes, and incidentally provide support space, and

     (b) Are executed as either an interagency or cooperative agreement or memorandum of understanding (only a Contracting Officer may execute monetary agreements, after  recommendation from the Regional Space Coordinator); and

(5) Approving the Regional 5-Year Space Management Plan.

F. The Chief, CGS in the HQ

(1) Developing and implementing the Service lease space policy and supplemental procedures;

(2) Providing guidance and oversight to the Regions and programs on lease space program management issues and processing lease requirements in the Financial and Business Management System (FBMS);

(3) Managing and coordinating HQ lease space activities, including authorizing GSA occupancy agreements and allocating space costs to HQ programs through FBMS;

(4) Reviewing and processing for the AD-BMO’s approval Regional space requests of 50,000 RSF and greater (including prospectus-level leases that must also receive approval from the Department);

(5) Coordinating with GSA, the Department, and internal and external auditors;

(6) Preparing and coordinating Servicewide data calls and reports (including the Service’s lease space budget and future lease obligations reports);

(7) Conducting Servicewide internal management control reviews for leasing;

(8) Developing the Service’s 5-Year Space Management Plan;

(9) Managing the Service’s Leasing Contracting Officer warrant system;

(10) Reporting leased space in the Federal Real Property Profile (FRPP); and

(11) Approving (second-level approver) new direct leases in FBMS.

G. The Chief, Division of Engineering (in HQ) and Regional Engineering Staff

Providing guidance and working with program offices and project managers in designing renovations and new construction to ensure that the space management policy guidance is followed.

H. The Assistant Regional Directors - Budget and Administration

(1) Administering the Regional lease space management program, and

(2) Working with program Assistant Regional Directors to review/approve space requests and ensure they comply with this lease space policy.

I. Chiefs, CGS (Regions)

(1) Implementing the Regional lease space management program;

(2) Interpreting program requirements and resolving day-to-day issues and questions;

(3) Working with administrative offices and field stations in the Regions to implement lease space activities;

(4) Planning and managing space and assignments according to Departmental and Service policy and strategic goals;

(5) Processing and managing lease actions and requirements in FBMS;

(6) Authorizing GSA occupancy agreements for lease space;

(7) Developing the Regional 5-Year Space Management Plan;

(8) Evaluating and determining the need to establish a Warranted Leasing Contracting Officer in the Region (see 370 FW 4 for more information about delegation of leasing authority); and

(9) Designating a Regional Space Coordinator.

J. Regional/HQ Space Coordinators

(1) Serving as the primary contact and coordinator for space leasing and providing advice and guidance for day-to-day lease matters within the Region/HQ;

(2) Coordinating with CGS and GSA on lease space activities;

(3) Entering and managing the Region’s/HQ’s lease space assets (i.e., direct leases, GSA occupancy and Department of Homeland Security agreements) and reconciling monthly lease payments in FBMS;

(4) Maintaining copies of lease space records and GSA occupancy agreements (see 370 FW 3);

(5) Preparing and sending recurring reports and plans to CGS, such as:

     (a) Annual Regional 5-Year Space Management Plan,

     (b) Delegation of leasing authority requests sent to GSA national headquarters (applies to Warranted Leasing Contracting Officers only), and

     (c) Annual Randolph-Sheppard Act report (vending reporting for Service-owned and       leased space);

(6) Preparing individual non-recurring lease space requests issued from the Service Director or Deputy Director (Operations); and

(7) Reporting capitalized leasehold improvements through FBMS (see 370 FW 3).

K. Contracting Officers with a Service-Issued Leasing Warrant

(1) Meeting GSA training requirements;

(2) Serving (if designated) as the Regional/HQ Space Coordinator;

(3) Authorizing GSA occupancy agreements for lease space with concurrence from the Chief, CGS;

(4) Approving lease contracts in FBMS; and

(5) Executing Service leases within delegation of authority limits.

L. Managers, Project Leaders, Facility Managers (or designated administrative support personnel)

(1) Incorporating the requirements of this lease space policy in their overall planning and management of Service-owned, SMNSO, and lease facilities;

(2) Performing on-site leasing coordination activities with landlords (when designated) and reporting to the Regional/HQ Space Coordinator as needed; and

(3) Providing staffing requirements for space to engineering prior to planning for renovation and new construction.

M. Employees

(1) Using space safely, efficiently, and economically; and

(2) Reporting safety hazards in any space to appropriate authorities.

Attachments (Exhibits, Amendments, etc)