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370 FW 4
Delegation of Leasing Authority

Supersedes 370 FW 4,  12/02/09

Date:  October 5, 2012

Series: Facility Management

Part 370: Space Management

Originating Office: Division Contracting and Facilities Management

 

 

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4.1 What is the purpose of this chapter? This chapter:

 

A. Describes the authorities for leasing space (the delegation of leasing authorities that the General Services Administration (GSA) issues to the Service), and

 

B. Provides requirements to Regional and Headquarters (HQ) Contracting and General Services (CGS) offices and their Warranted Leasing Contracting Officers (LCO) for exercising leasing authorities.

 

4.2 What are the authorities for this chapter? See 370 FW 1 for the authorities for all the chapters in Part 370.

 

4.3 How is this chapter organized? Table 4-1 shows how we have organized this chapter.

 

Table 4-1: Organization of 370 FW 4

Section

Content

Chapter Overview

4.1 What is the purpose of this chapter?

4.2 What are the authorities for this chapter?

4.3 How is this chapter organized?

Background on Delegation of Leasing Authority

4.4 Why is delegation of leasing authority important to the Service?

4.5 What are the authorities for leasing space? 

Limitations and Requirements

4.6 What are the limitations and requirements relevant to Provider of Choice delegation of leasing authority?

Leasing Contracting Officers

4.7 Who appoints LCOs and what training are they required to have?

 

4.4 Why is delegation of leasing authority important to the Service?

 

A. There are times when it is economically feasible, more expedient, or in the best interest of the Government to get our space from an entity other than GSA. In these circumstances, GSA may delegate (on a case-by-case basis) Provider of Choice leasing authority to a Region/HQ with an LCO.

 

B. GSA also has given us a categorical space leasing delegation to lease boat docks, self-storage, and other specific types of space. This reduces the time it takes to acquire the space and saves us money.

Although the Regions/HQ do not have to go through GSA to lease these types of spaces, they can only be acquired by an LCO.

 

4.5 What are the authorities for leasing space? There are four leasing authorities—three issued by GSA and one authorized by statutes. Table 4-2 provides information about these authorities and their limitations.

 

  Table 4-2: Delegations and Limitations of Leasing Authority

 

Authority

Description

Limitations

(1) Provider of Choice Authority

·  A GSA-delegated leasing authority to acquire general purpose space (general purpose is office and warehouse space).

·  Extended from GSA to the Secretary of the Interior, then to the Service.

 

·  Regions/HQ (CGS) with an LCO can request the authority from GSA for all leasing functions for general purpose space up to 19,999 Rentable Square Feet (RSF). GSA approves these requests on a very limited basis.

·  This applies to all new, succeeding, extension, or superseding lease actions.

·  Regions/HQ must comply with the requirements in section 4.6.

(2) Categorical Space Authority

·  A GSA-delegated leasing authority to acquire a specific type of space, such as:  temporary housing, mooring facilities, depots, aircraft hangers, antennas, ranger stations, and specialized storage (including self-storage units).

·  Extended from GSA to the Secretary of the Interior, then to the Service.

·  Regions/HQ (CGS) with an LCO have authority to lease categorical space.

·  Regions/HQ must refer to and comply with requirements in the Federal Management Regulations, Subchapter C – Real Property, Part 102-72.30.

(3) Special Purpose Space Authority

·  A standing delegation of authority from GSA to a specific Federal agency to lease their own special purpose space

·  The Service does not have special purpose delegation of leasing authority from GSA.

(4) Independent Statutory Authority

·  Authority to acquire leased space that originates in a statute enacted into law. This may be agencywide or a singular authority to acquire lease space for a specific activity of a Federal agency.

·  The Service does not have independent statutory authority to lease space.

 

4.6 What are the limitations and requirements relevant to Provider of Choice delegation of leasing authority?

 

A. Only a CGS LCO may request a Provider of Choice delegation of leasing authority from GSA and execute a direct lease.

 

(1) The request may be for up to 19,999 RSF of general purpose space.

 

(2) GSA receives applications for delegating the authority on its GSA Del-eGate Web site. Instructions, requirements, and training on how to access the GSA Del-eGate Web portal are on the HQ CGS Intranet site (click on the Del-eGate link).

 

(3) The LCO must complete the required GSA application and submit it to GSA before accessing their Del-eGate Web portal to request a delegation of authority.

 

B. If GSA approves the request, the LCO must follow GSA regulations when executing the lease and provide GSA with required pre-submittal and post-submittal information before and after executing the lease.

 

C. If GSA denies a request for Provider of Choice delegation of leasing authority, the LCO and CGS must work with the regional GSA office to acquire the space.

 

4.7 Who appoints LCOs and what training are they required to have?

 

A. The Chief, CGS, in HQ is the Bureau Procurement Chief and appoints LCOs in accordance with Departmental and GSA requirements.

 

B. You can find the special training requirements for LCOs on the HQ CGS Intranet site.

 

C. LCOs and Contracting Officers’ Technical Representatives must register their training in the Certification Automation Tool. To access this tool, where you can begin an application, renewal, or reinstatement for a certification, visit the Department’s Intranet site.

 

 


For information on the content of this chapter, contact the Division of Contracting and Facilities Management. For more information about this Web site, contact Krista Bibb in the Division of Policy and Directives Management.  


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