TABLE OF CONTENTS
| Topics | Sections |
| OVERVIEW | 4.1 What is the purpose of this chapter? 4.2 What is the scope of this chapter? 4.3 What are the authorities for this chapter? |
| DIRECT LEASING AUTHORITY | 4.4 What is direct leasing? 4.5 What are the Service’s authorities for direct leases? |
| LEASING CONTRACTING OFFICERS (LCO) | 4.6 Who appoints LCOs? 4.7 What training and certifications are required for an LCO? 4.8 How does an LCO lease space? 4.9 How does an LCO lease emergency space? 4.10 How does the LCO request general purpose delegation of leasing authority? 4.11 How does an LCO lease space using Independent Statutory Authority? |
OVERVIEW
4.1 What is the purpose of this chapter? This chapter:
A. Defines direct leasing,
B. Describes direct leasing authorities,
C. Provides examples of authorities and associated types of spaces,
D. Lists limitations and requirements of direct leases,
E. Identifies the U.S Fish and Wildlife Service (Service) officials who appointment Leasing Contracting Officers (LCO), and
F. Explains how LCOs lease space.
4.2 What is the scope of this chapter? This chapter applies to all Service employees who are involved in direct leasing.
4.3 What are the authorities for this chapter? See 370 FW 1 for a list of authorities for all the chapters in Part 370.
DIRECT LEASING AUTHORITY
4.4 What is direct leasing? There are times when it is more expedient, economical, or in the best interest of the Government to acquire space from a vendor other than the General Services Administration (GSA). In this policy we use the term “direct leasing” when the Service secures commercial leases for space, an LCO executes the contract, and the Service is the lessee. Direct leases are known as commercial leases in the Financial and Business Management System (FBMS). Authorities for direct leasing are delegated by GSA or provided through statute. There are certain situations where we have the authority to directly lease space as we describe below and in section 4.5:
A. Categorical space delegation is a standing authority that GSA has delegated for leasing specific types of space, including temporary housing, boat docks, and self-storage (see 41 CFR 102-73.145). We are not required to request delegation from GSA for categorical space, but only an LCO may acquire these leases.
B. General purpose space delegation is authorized in advance by GSA on a case-by-case basis and includes any space type not listed or specified under categorical authority (see GSA’s Federal Management Bulletin C-2).
C. Congress may sanction agency leasing through regulation, known as Independent Statutory Authority (ISA). The Alaska National Interest Lands Conservation Act (ANILCA) is the only Service-recognized ISA for National Wildlife Refuge System (NWRS) direct leases in Alaska for real property (other than land), office space, housing, or other necessary facilities (e.g., visitor centers). (See section 1306(b)(2) of ANILCA.)
4.5 What are the Service’s authorities for direct leases? There are four leasing authorities—three issued by GSA and one authorized by statute. Table 4-1 provides information about these authorities and their limitations.
Table 4-1: Delegations and Limitations of Leasing Authority
| Authority | Description | Limitations |
A. 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). Includes garage space, which may only be leased on a fiscal year basis. Includes emergency leasing for office and warehouse space. Extended from GSA to the Secretary of the Interior, then to the Service. | We must comply with requirements in 41 CFR 102-72.30. Only the LCO has authority to lease categorical space. The LCO must comply with the requirements in section 4.8. Annual obligations are created each fiscal year in FBMS as part of the fund-year update. |
| B. General Purpose Delegation | A GSA-delegated leasing authority to acquire general purpose space (general purpose spaces are those that do not fit within other authorities). Extended from GSA to the Secretary of the Interior, then to the Service. Below prospectus level.
| Only the LCO can request authority from GSA for general purpose space up to 19,999 Rentable Square Feet (RSF). All new, extension, succeeding, or superseding lease actions must be approved by GSA. The LCO must comply with the requirements in section 4.8. Annual obligations are created each fiscal year in FBMS as part of the fund-year update. |
| C. Special Purpose Space Authority | A standing delegation of authority from GSA to a specific Federal agency to lease space for their own special purposes (see 41 CFR 102-73.160). | The Service does not have special purpose delegation of leasing authority from GSA. |
| D. Independent Statutory Authority (ISA) | Authority to acquire leased space that originates in a statute enacted into law. This may be agencywide or a singular authority to acquire leased space for a specific activity of a Federal agency. | The Service has independent statutory authority to lease NWRS space in Alaska under ANILCA. Only the LCO has authority to execute these leases. The LCO must comply with the requirements in section 4.8. Obligations are created in FBMS for the entire lease value at the initiation of the lease. |
LEASING CONTRACTING OFFICERS
4.6 Who appoints LCOs? The Service’s Head of Contracting Activity (HCA) implements the Department of the Interior’s (Department) leasing contracting officer program for the Service, processes applications in the Federal acquisition electronic system, and ensures compliance with Departmental and GSA requirements. The Department’s Director of Acquisition and Property Management (PAM) issues the leasing Certificate of Authority (COA), also known as the warrant.
4.7 What training and certifications are required for an LCO?
A. The Department follows the GSA Real Property Leasing Certification Program’s (LCP) training requirements and competency qualifications for LCOs (see Department of the Interior Acquisition, Arts, and Asset Policy (DOI-AAAP)-0187, DOI Leasing Certification Program).
B. Consult the Service’s Division of Acquisition and Property Policy Management, Acquisition Career Coordinator for instructions to the LCP and COA applications.
C. The LCP establishes the Department’s certificate levels, or thresholds, based on total contract value. Each level requires specific and progressive education, experience, and training in Federal acquisition, leasing, project management, and professional skills. The following apply:
(1) LCOs must adhere to their authorized certificate level when directly leasing space,
(2) LCOs may authorize GSA Occupancy Agreements (OA) of any total contract value,
(3) The COA gives LCOs the authority to conduct and apply professional discretion to space leasing acquisitions, and
(4) LCOs must earn continuous learning points to maintain their certification.
4.8 How does an LCO lease space?
A. For direct leases, the LCO must follow Departmental and Service policy, Federal regulation, and GSA lease acquisition policy as described in GSA’s Public Buildings Service (PBS) Leasing Desk Guide and use the GSA standard forms.
B. During project planning, the LCO will advise the program about restrictions, requirements, and options for a direct lease space request to align with the mission and purpose of the space. The LCO considers the authorities, risks, costs, and leasing best practices when developing the acquisition plan. The program communicates to management the LCO’s determinations using the space request package that is given to the Regional Director for approval.
C. When the LCO receives an approved space request from the program, the LCO initiates the lease acquisition process.
D. Lease acquisition includes planning, soliciting, negotiating, awarding, and administering leases.
E. Only after the LCO awards the lease and accepts the space may the program take possession of the space.
4.9 How does an LCO lease emergency space? The LCO must follow the same procedures as those in section 4.8 when using categorical authority for emergency leases and also comply with the following:
A. The LCO should look for Federal space that is available and suitable and consider GSA as the first source for acquisition.
B. Emergency direct leases are temporary to fulfill an emergent need (e.g., a Service-owned building is flooded or infested).
(1) The lease term must not be for longer than 3 years, but may include 2 additional option years. This amount of time will cover the GSA requirement for requesting space.
(2) The lease must have an early cancellation clause.
C. The Joint Administrative Operations, Branch Chief of Property Operations must approve the LCO’s acquisition plan for use of emergency leasing authority.
D. The space request package must provide an expected end-date for the emergency lease and describe the intention for long-term space needs. Examples of such situations include, but are not limited to:
(1) The original Service-owned space is restored and reopens, requiring the Infrastructure Management Division in NWRS to prioritize the project on the deferred maintenance 5-year plan;
(2) We simultaneously request space from GSA or request for GSA to assume the direct lease;
(3) We simultaneously request delegation of authority from GSA; or
(4) There are no long-term needs.
4.10 How does the LCO request general purpose delegation of leasing authority?
A. After a space request is approved, only an LCO may seek general purpose delegation of leasing authority by completing an application on GSA’s Government Real Estate Exchange (G-REX). The LCO must:
(1) Follow GSA procurement rules;
(2) Submit the pre-award documents and their COA to GSA for approval; and
(3) Structure the lease procurement based on risk assessment, cost benefit analysis, lease value, space justification, and terms, including options and cancellation clauses.
B. The following restrictions apply to the delegation request:
(1) The size of space must not exceed 19,999 RSF,
(2) The lease term must not bind the Government for more than 20 years, and
(3) The value of the lease must not exceed the LCO’s COA level.
C. If GSA approves the request, the LCO must follow GSA regulations when executing the lease. The LCO must upload post-award documentation to the G-REX within 30 days of execution. The LCO must also file the GSA delegation approval letter in FBMS with the lease record.
D. If GSA denies the request, the LCO must work with the regional GSA office to acquire the space.
4.11 How does an LCO lease space using Independent Statutory Authority (ISA)? Even though ISA is not considered subject to GSA leasing requirements, the Service is committed to following best practice leasing rules, procedures, reporting, and use of forms to maintain consistency within the space leasing program.
A. Any acquisition plan using ANILCA authority requires approval by the LCO, Alaska Regional Director, and the Assistant Director of Management and Administration (AD-MA).
B. When an existing direct lease is transferred from categorical to ISA, the original lease must be canceled. The LCO creates a new lease noting the authority change and a new financial system record in FBMS to process the correct funding obligation for the entire lease term as is required for ISA leases.
C. The size and cost of the lease must adhere to LCO warrant restrictions.