Policies, Responsibilities, and Terms for Lease Space Management

TABLE OF CONTENTS

OVERVIEW

1.1 What is the purpose of this chapter? This chapter describes the authorities and responsibilities for all the chapters in Part 370, Space Management, of the U.S. Fish and Wildlife Service (Service) Manual. Part 370 supplements 425 Department of the Interior Manual (DM) 1 and applicable Department of the Interior Acquisition, Arts, and Asset Policy (DOI-AAAP) (see section 1.5C). See Table 1-1 for the organization of Part 370.

Table 1-1: Service Manual Chapters for Space Management

1.2 What is the scope of the chapters in Part 370? The chapters in Part 370 apply to all Service employees who are involved in space management. The chapters apply to all Service-owned and leased space, including, but not limited to, office and warehouse space. They also apply to all Service-occupied, -utilized, or -controlled space, including space acquired through purchase, construction, donation, transfer, or lease; General Services Administration (GSA)-provided space in federally owned or leased buildings; and non-lease agreements that include incidental space use.

1.3 What is the overall policy under Part 370? 

A. The Service’s policy is to:

(1) Comply with all Federal and Department of the Interior (Department) real property leasing policies, requirements, and directives;

(2) Implement and execute an effective internal control program for space management to protect Government assets and prevent fraud, waste, and abuse; and

(3) Use available Service-owned or existing GSA-provided office, warehouse, or other types of space to meet the Service’s mission. If existing space is not available, we may, in order of priority:

     (a) Collocate with other Departmental bureaus;

     (b) Collocate with the U.S. Forest Service using Service First authority;

     (c) Collocate with other Federal agencies;

     (d) Acquire office, warehouse, or other types of space through GSA;

     (e) Acquire a direct lease through a Leasing Contracting Officer (LCO) using categorical authority (including emergency space) or Independent Statutory Authority (ISA); or

     (f) Seek approval of delegation of leasing authority from GSA to acquire office or warehouse space from vendors other than GSA.

B. When planning the space we use, the Service’s policy is to:

(1) Comply with our space utilization standards (see 370 FW 2);

(2) Use the Service’s Space Calculator(calculator) to develop requirements and document that space utilization standards and guidelines are met; 

(3) Use open floor plan space designs compatible with greening and cost reduction goals (see planning models in the Space Management Desk Reference Guide(DRG); 

(4) Update our space to meet national and local building codes; energy and water-conservation efficiencies; and life-safety, fire, accessibility, security, and environmental requirements, etc.; and 

(5) Apply the same space and utilization standards when planning the administrative portions of Service-owned space (see Part 372, Management of Constructed Real Property Assets).

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

A. Acquisition. Using appropriated funds to acquire supplies or services (including construction) by and for the Federal Government through purchase or lease, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated. 

B. Agency-Specific Requirements (ASR). A customized list of lease requirements that communicates the Service’s security, architectural, and environmental standards that will be incorporated into a lease, including Departmental policy requirements for pollinator habitat and gender non-binary facilities.

C. Capital asset. Land, structures, equipment, intellectual property, and information technology used by the Federal Government that have an estimated useful life of 2 years or more.

D. Capital lease. Leases that transfer substantially all the benefits and risks of ownership to the agency.

E. Capital leasehold improvement. Alterations to buildings, structures, and facilities directly leased by the Service and valued over the capitalization threshold.

F. Categorical space leasing. 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 airplane hangars, antennas, boat docks, housing, and self-storage space. 

G. Delegation of lease management authority. An authority that GSA may delegate, through the LCOs, to a designated Service employee for direct coordination with landlords’ representatives on the day-to-day operations and maintenance aspects of our GSA-provided leased space. 

H. Delegation of leasing authority. An authority that GSA may give to Federal agencies to lease certain types and amounts of space. GSA must 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 an LCO may execute a delegation of leasing authority. 

I. Delineated area. A designated geographical area that GSA establishes (in conjunction with the Service), and for which they will provide space. 

J. Direct lease. A lease between the Service and a commercial entity (landlord), performed under a delegation from the GSA or under an ISA. Direct leases are also known as commercial leases in the Financial and Business Management System (FBMS).

K. Emergency-use space. Space leased following an event that may be a natural disaster or may be more localized, such as a fire at a particular building that requires the tenant to relocate temporarily or permanently. 

L. Extension. A lease amendment that delays the expiration date and provides for continued occupancy on a short-term basis with the same terms and conditions. 

M. Hoteling. A block of space in a shared office arrangement designated for the temporary occupancy use of a workstation or enclosed office. 

N. Incidental space. Space use ancillary to the primary cooperative purpose of a non-lease agreement.

O. Independent Statutory Authority (ISA). A Federal regulation that authorizes the Service to lease space without requiring delegation (approval) from GSA. For example, the Alaska National Interest Lands Conservation Act (ANILCA) provides authority directly to the Secretary of the Interior for leasing real property in Alaska without a delegation from GSA. 

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

Q. Leasing Contracting Officer (LCO). A Federal employee delegated authority under the Federal Acquisition Regulation (FAR) 1.6 and the Departmental Leasing Certification Program (see DOI-AAAP-0187) to award, administer, and terminate leases, task orders, and modifications; obligate Government funds; and make determinations and findings, all subject to the limitations of their Certificate of Appointment (COA).

R. Non-lease agreements. Program-managed agreements that include space use as an incidental component of the agreement. See 370 FW 5.

S. Occupancy Agreement (OA). A GSA document used to formalize arrangements, terms, and funding for GSA-provided space to Federal agencies.

T. Otherwise-managed properties. Properties where a State, city, county, town, or other municipal government; Tribe or other Native organization or government; foreign government; trust; or U.S. territory holds title to the real property, but rights for use have been granted to a Federal Government entity in an arrangement other than a leasehold. 

U. Outleasing. Excess or unneeded space that is leased to private businesses or other non-Federal entities. This type of lease results in the Service functioning as the landlord and is not permitted by Part 370. The term “outleasing” is sometimes incorrectly used when other Federal agencies use our space under a non-lease agreement (see 370 FW 5).

V. Program of Requirements (POR). An organized collection of specific architectural information about the requirements needed to design the space (i.e., statement of work). It includes project standards, quantities, and descriptions of spaces, adjacency relationships, and engineering requirements.

W. Prospectus-level lease. A lease that is at or above GSA-established cost thresholds applicable to Federal agencies operating under, or subject to, the authorities of the Administrator of GSA. For our policy, thresholds are established for the lease construction, lease alterations, and leasing of space (see GSA.gov for prospectus thresholds).

X. Reimbursable Work Authorization (RWA). The authorization document that agencies use to transmit a lump sum payment to GSA for above-standard items, alterations, or overtime services.

Y. Reimbursable agreement. A document describing the relationship when the Service provides a product or service to a non-Service entity and is paid by the recipient for the product or service.

Z. Service First authority. A partnership authority available to all U.S. Department of Agriculture and Departmental bureaus (see Part 264, Cost Recovery and Reimbursable Agreements). 

AA. Space. An area, usually defined by some form of constructed boundary, structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

Learn more about structure , or building. Parking areas, ware yards, warehouses, storage, and office or general use buildings are typically regarded as “space” within their boundaries. Open, unimproved land or lawns is not space.

BB. Space leasing. The process of acquiring and administering lease contracts. 

CC. Space management. The efficient and economical use of the defined space to properly support the mission of the Service. 

DD. Space management plan. A strategic document that establishes the Service’s space management goals and reports the effectiveness of our space leasing program. 

EE. Structure. A facility that is not enclosed on all sides or is not intended for permanent human occupancy. Structures include pavilions, pole barns, hay sheds, three-sided truck barns or storage facilities, communication vaults, vault toilets, well houses, flammable storage, and trail shelters. See the Federal Real Property Profile (FRPP) data dictionary for a comprehensive description.

FF. Tenant Improvements (TI). Alterations to space provided through a GSA OA.

GG.Utilization Rate (UR). The maximum utilization threshold for all Departmental bureaus when acquiring new or additional leased space, or when planning office space in Service-owned facilities. The utilization rate is currently 180 usable square feet per person, including all individual and shared space such as workstations, circulation, storage, and conference rooms. This excludes allowable exempt space as described in the Department’s Space Management Handbook.

1.5 What are the authorities for Part 370? 

A. Alaska National Interest Lands Conservation Act (ANILCA).

B. Architectural Barriers Act Accessibility Guidelines (36 CFR 1191).

C. Department of the Interior Acquisition, Arts, and Asset Policy (DOI-AAAP) documents including:

(1) DOI-AAAP-0003, Use of FBMS to Capture Real Estate Object Costs;

(2) DOI-AAAP-0016, Use of FBMS Real Estate Module for Real Property Leases and Real Estate Agreements at DOI;

(3) DOI-AAAP-0019, Use of FBMS for DOI Federal Real Property Profile Data;

(4) DOI-AAAP-0049, Office Space Utilization Design Standard; 

(5) DOI-AAAP-0080, Increasing and Improving Pollinator Habitat through Landscaping;

(6) DOI-AAAP-0086, Obligation Requirements for Leases Executed under Statutory and Delegated Authorities, GSA Occupancy Agreements, and the U.S. Department of Homeland Security (DHS) Charges;

(7) DOI-AAAP-0120, Classifying Property, Plant, and Equipment; 

(8) DOI-AAAP-0122, Property Plant and Equipment Capitalization Criteria;

(9) DOI-AAAP-0167, Capital Planning and Investment Control for Construction and Leased Space;

(10) DOI-AAAP-0181, Sustainable Operations;

(11) DOI-AAAP-0186, Gender Non-Binary Facilities; and

(12) DOI-AAAP-0187, DOI Leasing Certification Program.

D. Executive Orders including:

(1) Executive Order 12072, Federal Space Management; 

(2)Executive Order 13006, Locating Federal Facilities on Historic Properties in Our Nation’s Central Cities;

(3) Executive Order 13327, Federal Real Property Asset Management; and

(4) Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability;

E. Farm Security and Rural Investment Act of 2002,Public Law No. 107-71, as amended.

F. Federal Management Regulation, Bulletin C-2, Delegations of Lease Acquisition Authority.

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

H. GSA Acquisition Manual Part 570, Acquiring Leasehold Interests in Real Property.

I. Occupational Safety and Health Act of 1970 (29 U.S.C. 651-678).

J. Office of Management and Budget (OMB) Circular No. A-11, Preparation, Submission, and Execution of the Budget. 

K. OMB Circular No. A-123, Management’s Responsibility for Enterprise Risk Management and Internal Control.

L. Service First partnership authority, U.S. Department of Agriculture.

M. 425 DM 1 through 6, Space Management.

1.6 Where can you find more information on space management regulations, policies, and other authorities as they apply to the Service?  Service employees should refer to the DRG, which supplements Part 370, and:

A. Includes procedures for implementing the space management program that are unique to the Service; and

B. Provides guidance for implementing the DM, DOI-AAAPs, Executive Orders, and OMB Circulars.

RESPONSIBILITIES

1.7 Who is responsible for space management? See Table 1-2.

Table 1-2: Roles and Responsibilities for Space Management