WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 1 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM Table of Contents 11 - PROCESS FOR REQUESTING A REAL PROPERTY LEASING WARRANT ....... 2 11.1 - Levels of Warrants ........................................................................................................... 3 11.2 - Qualification Requirements .............................................................................................. 3 12 - ISSUANCE OF A REAL PROPERTY LEASING WARRANT ................................. 8 12.1 - Appointments ................................................................................................................... 8 12.2 - Limitations ........................................................................................................................ 8 12.21 - Real Property Project Complexities ............................................................................... 8 12.3 - Display of Warrant ........................................................................................................... 8 13 - ADMINISTRATION OF A REAL PROPERTY LEASING WARRANT ..................... 9 13.1 - Reassignment of Duty Station .......................................................................................... 9 13.2 - Termination/Revocation of Appointment......................................................................... 9 13.3 - Request an Increase in Warrant Threshold ..................................................................... 10 14 - MAINTENANCE OF A REAL PROPERTY LEASING WARRANT ....................... 10 WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 2 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM The Forest Service abides by Department Regulation (DR) 5100-003, U.S. Department of Agriculture (USDA) Real Property Leasing Officer Warrant System and the policy outlined below to recommend qualified candidates for the issuance of a real property leasing warrant or an increase in warrant threshold. The Director of the USDA, Office of Procurement and Property Management (OPPM), or their designee, is the only official with authority to issue warrants to Real Property Leasing Officers (RPLOs). An electronic version of this DR can be accessed at: http://www.dm.usda.gov/pmd/realprop_dir_regs.htm. 11 - PROCESS FOR REQUESTING A REAL PROPERTY LEASING WARRANT The Asset Manager, Group Lead of Leasing, or Supervisory Leasing Specialist is responsible for determining when real property leasing authority is needed to accommodate the leasing needs of the unit. Need must be based on factors such as volume of actions, complexity of work, and organizational structure. When the need exists, the Asset Manager, Group Lead of Leasing, or Supervisory Leasing Specialist should work with the Leasing staff to nominate a qualified candidate. In order to determine whether a candidate is qualified, consideration must be given to the education, training, experience, and grade-level requirements which are outlined in section 11.2. In order to be considered for a real property leasing warrant, the candidate must complete the following: 1. Request for Appointment, FS-6400-35 2. Qualifications Statement, FS-6400-36 3. Certification of Leasing Experience An electronic version of FS-6400-35 and FS-6400-36 can be accessed via the Forest Service Forms intranet site. An electronic version of the “Certification of Leasing Experience” form can be accessed via the General Services Administration Real Estate Exchange system (G-Rex) (see ch. 20, sec 25.1). Once complete, all 3 forms should be signed by the Director of Acquisition Management (AQM) for that unit and submitted via cover letter to the Washington Office, Director of AQM for review. If approved, the Washington Office, Director of AQM will forward to the Director of OPPM, or their designee, with a recommendation to issue a real property leasing warrant to the recommended candidate. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 3 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM 11.1 - Levels of Warrants 1. Level 1/Simplified Acquisition: threshold of $150,000 net annual rent. 2. Level II/Intermediate Acquisition: threshold of $10,000,000 net annual rent. 3. Level III/Senior Acquisition: unlimited threshold. 11.2 - Qualification Requirements These requirements apply to all candidates for permanent warrants, regardless of job series. See exhibit 01 for a summation of these requirements. 1. Level 1/Simplified Acquisition (up to $150,000 net annual rent). a. Grade – GS-9 or above. b. Education – Not applicable. c. Experience - At least 2 years (within the last 5 years) of real property experience that includes the execution and administration of real property leases in accordance with Federal leasing procedures. d. Training - Successful completion of the courses listed below. Courses listed in italic indicate new course requirements. Real Property Leasing Officers (RPLOs) who were granted a real property leasing warrant prior to December 31, 2013 have met the training course standards for their existing warrant. Lease Acquisition Training Techniques of Negotiating Federal Real Property Leases Cost and Price Analysis of Lease Proposals Federal Real Property Lease Law Lease Administration** 2. Level II/Intermediate Acquisition (up to $10,000,000 net annual rent). a. Grade – GS-11 or above. This is a Forest Service requirement. ** This is a Forest Service requirement. Candidates in the 1102 job series may fulfill the Lease Administration course requirement by taking the Contract Administration I course. For candidates not in the 1102 series, a training course of equivalent content may be submitted to the Washington Office, Branch Chief of Asset Management for a substitution determination. * This is a Forest Service requirement. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 4 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM b. Education - Must have completed a 4-year course of study leading to a bachelor’s degree or 24 semester hours in any combination of the business fields listed below. RPLOs who currently have a real property leasing warrant have met the education standards for their existing warrant. Accounting Business Finance Law Contracts Purchasing Economics Industrial Management Marketing Quantitative Methods Organization and Management Training courses of equivalent content may be submitted to the Director of OPPM, or their designee, for a substitution determination. Such courses may be accomplished through (but not limited to) 80-credit hours from an accredited institution of higher learning in pre-law, real property management and/or business administration. c. Experience - At least 3 years (within the last 7 years) of real property experience that includes the management of market surveys, solicitations, negotiations, administration of appraisals (when needed), and the execution and administration of complex real property leases in accordance with Federal leasing procedures. d. Training - Successful completion of the courses listed below. Courses listed in italic indicate new course requirements. RPLOs who were granted a real property leasing warrant prior to December 13, 2013 have met the training course standards for their existing warrant. Lease Acquisition Training Techniques of Negotiating Federal Real Property Leases Cost and Price Analysis of Lease Proposals Federal Real Property Lease Law Lease Administration ** *This is a Forest Service requirement. ** This is a Forest Service requirement. Candidates in the 1102 job series may fulfill the Lease Administration course requirement by taking the Contract Administration I course. For candidates not in the 1102 job series, a training course of equivalent content may be submitted to the Washington Office, Branch Chief of Asset Management for a substitution determination. This process also applies to the Construction Contracting and Source Selection training course requirements. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 5 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM Construction Contracting** Source Selection** 3. Level III/Senior Acquisition (Unlimited). a. Grade - GS-12 or above. b. Education - Applicants at grade 12 must have completed a 4-year course of study leading to a bachelor’s degree or 24 semester hours in any combination of the business fields listed below. Applicants at grade 13 and above must have completed a 4-year course of study leading to a bachelor’s degree that included or was supplemented by at least 24 semester hours in any combination of the business fields listed below. RPLOs who currently have a real property leasing warrant have met the education standards for their existing warrant. Accounting Business Finance Law Contracts Purchasing Economics Industrial Management Marketing Quantitative Methods Organization and Management Training courses of equivalent content may be submitted to the Director of OPPM, or their designee, for a substitution determination. Such courses may be accomplished through (but not limited to) 80-credit hours from an accredited institution of higher learning in pre-law, real property management and/or business administration. c. Experience - At least 4 years (within the last 10 years) of real property experience that includes the management of market surveys, solicitations, negotiations, administration of appraisals (when needed), and the execution and administration of complex real property leases in accordance with Federal leasing procedures. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 6 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM d. Training - Successful completion of the courses listed below. Courses listed in italic indicate new course requirements. RPLOs who were granted a real property leasing warrant prior to December 13, 2013 have met the training course standards for their existing warrant. Lease Acquisition Training Techniques of Negotiating Federal Real Property Leases Cost and Price Analysis of Lease Proposals Federal Real Property Lease Law Real Estate Appraisal Principles Lease Administration ** Construction Contracting** Source Selection** *This is a Forest Service requirement. ** This is a Forest Service requirement. Candidates in the 1102 job series may fulfill the Lease Administration course requirement by taking the Contract Administration I course. For candidates not in the 1102 job series, a training course of equivalent content may be submitted to the Washington Office, Branch Chief of Asset Management for a substitution determination. This process also applies to the Construction Contracting and Source Selection training course requirements. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 7 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM 11.2 - Exhibit 01 Summation of Qualification Requirements Warrant Levels Grade Level Level I/Simplified Acquisition (up to $100,000 net annual rent) GS-9 or above Not applicable Level II/Intermediat e Acquisition (up to $10,000,000 net annual rent) GS-11 or above 4-year course of study leading to a bachelor’s degree or 24 semester hours in related business fields. (See section 11.2) 3 years Level III/Senior Acquisition (unlimited) GS-12 or above Applicants at grade 12 must have completed a 4-year course of study leading to a bachelor’s degree or 24 semester hours in related business fields. 4 years Warrant Maintenance GS -9 and above Education Applicants at grade 13 and above must have completed a 4year course of study leading to a bachelor’s degree that included or was supplemented by at least 24 semester hours in related business fields. (See section 11.2) Not applicable Real Property Experience 2 years Not applicable Real Property Training Lease Acq Training Tech of Neg Fed RP Lses Cost & Price Anl of Lse Prop Fed RP Lse Law Lease Admin or Contracts Admin I Lease Acq Training Tech of Neg Fed RP Lses Cost & Price Anl of Lse Prop Fed RP Lse Law Lease Admin or Contracts Admin 1 Construction Contracting Source Selection Lease Acq Training Tech of Neg Fed RP Lses Cost & Price Anl of Lse Prop Federal RP Lse Law Real Estate Apprais Princ Lease Admin or Contracts Admin Construction Contracting Source Selection 80 hours every 2 years Training is due by the anniversary date of the issuance of the warrant (not by calendar year). Project Complexities Leases involving the development of complex specifications and/or award criteria, difficult negotiations, or having political overtones. Leases involving the development of complex specifications and/or award criteria, difficult negotiations, or having political overtones. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 8 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM 12 - ISSUANCE OF A REAL PROPERTY LEASING WARRANT 12.1 - Appointments The Director of OPPM, or their designee, will appoint all RPLOs, regardless of level, on form SF-1402, Certificate of Appointment. The Certificate of Appointment will clearly state the threshold for net annual rent and any limitation on the scope of the leasing authority contained within, and will be signed by the Director of OPPM, or their designee. An original copy of the Certificate of Appointment will be mailed via cover letter to the requesting unit. The Asset Manager, Group Lead of Leasing and Property, or the Supervisory Leasing Specialist is responsible for maintaining a file for each RPLO that includes a copy of the: 1. Request for Appointment 2. Qualifications Statement 3. Certification of Leasing Experience 4. Warrant 5. Training records The USDA OPPM staff will also maintain an identical file for each RPLO. 12.2 - Limitations The RPLO may only exercise the leasing authority which is specifically described on their Certificate of Appointment. 12.21 - Real Property Project Complexities Regardless of dollar level, the following types of leases should only be assigned to Level II/Intermediate or Level III/Senior RPLOs: leases involving the development of complex specifications and/or award criteria, difficult negotiations, or having political overtones. 12.3 - Display of Warrant The RPLO should display the Certificate of Appointment openly in or near their workstation allowing the public and co-workers to be aware of the appointment and its limitations. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 9 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM 13 - ADMINISTRATION OF A REAL PROPERTY LEASING WARRANT 13.1 - Reassignment of Duty Station When an RPLO is reassigned or promoted to other real property leasing positions within the Agency, the existing warrant will transfer with the RPLO at the current level. 13.2 - Termination/Revocation of Appointment The Director of OPPM, or their designee, has the authority to terminate or revoke individual delegated real property leasing authority if one or more of the following conditions, or a similar condition(s) exist: 1. Failure to comply with applicable laws and regulations. 2. Violation of the code of conduct (consultation with Office of Ethics is required). 3. Failure to maintain training standards after appointment. 4. Failure to maintain a satisfactory performance rating. 5. Reassignment of the individual to a position not requiring a warrant. 6. Discontinuance of the organizational need for appointment. 7. Separation of the individual from the leasing group. 8. Any improper use determined by GSA/Forest Service of the lease delegation to cause revocation of the delegation and possible denial of future requests. To request a revocation or termination of an RPLO warrant, the Director of Acquisition Management for that unit shall provide justification for the action to the Washington Office, Director of Acquisition Management (AQM). Once reviewed, the Washington Office, Director of AQM will forward to the Director of OPPM, or their designee, a recommendation to revoke or terminate the RPLO warrant. The Director of OPPM, or their designee, will give notice to the RPLO in writing when terminating or revoking individual delegated real property leasing authority. This termination or revocation notice will include a request for the RPLO to return their real property leasing warrant to the USDA OPPM staff within 10 working days. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 10 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM 13.3 - Request an Increase in Warrant Threshold The Asset Manager, Group Lead of Leasing and Property, or Supervisory Leasing Specialist is responsible for determining when additional real property leasing authority is needed to accommodate the unit’s leasing needs. This includes requesting an increase in the warrant threshold of an active RPLO. RPLOs who currently have a real property leasing warrant shall meet the education and training course requirements outlined in section 11.2 to be nominated for an increase in threshold that qualifies for the next warrant level (that is, Level II to Level III). To request an increase in the warrant threshold for an RPLO, the Director of Acquisition Management for that unit shall submit an updated and signed “Request for Appointment” (see form FS-6400-35), “Qualifications Statement” (see form FS-6400-36), and Certification of Leasing Experience via cover letter to the Washington Office, Director of AQM for review. If approved, the Washington Office, Director of AQM will forward to the Director of OPPM, or their designee, a recommendation to issue an increase in threshold to the recommended candidate. 14 - MAINTENANCE OF A REAL PROPERTY LEASING WARRANT All warranted RPLOs shall obtain at least 80 hours of continuing education or training related to real property leasing every 2 years (regardless of job series) for the purpose of learning new requirements, techniques, or procedures brought about by changes in law, regulations, policy, or delegations of authority. Acceptable training could include topics in real estate such as property management which is offered by the Building Owners and Managers Association (BOMA); real estate appraisal from the Appraisal Institute (AI); real estate investment courses from Certified Commercial Investment Managers (CCIM); and formal training in CPAIS. Training may include, but is not limited to participation in seminars, workshops, symposia, eLearning, formal classroom training, or other appropriate developmental activities. All training must be documented in writing. See exhibit 01 for an explanation of how continuous learning points (CLPs) are calculated. The RPLO should contact the USDA OPPM staff if there is any uncertainty about the relevance of a planned continuing education course prior to registration. Training is due by the anniversary date of the issuance of the warrant (not by calendar year). The RPLO is responsible for providing copies of course certificates or related training documentation to the Asset Manager, Group Lead of Leasing and Property, or the Supervisory Leasing Specialist and to the USDA OPPM staff upon completion of each course in order to WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 11 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM document the continuing education or training requirements that have been met. USDA OPPM will notify the RPLO of the status of their warrant maintenance bi-annually, or upon request by the RPLO. When the RPLO meets the maintenance requirements, USDA OPPM will send a formal memo to the RPLO, and the Asset Manager, Group Lead of Leasing and Property, or the Supervisory Leasing Specialist, notifying the RPLO that their current warrant has been extended for 2 years. The memo will be signed by the Director of OPPM, or their designee. If the RPLO fails to meet the maintenance requirements by the 2-year anniversary date of their warrant, USDA OPPM will send a formal memo to the RPLO, and the Asset Manager, Group Lead of Leasing and Property, or the Supervisory Leasing Specialist, temporarily suspending signatory authority of the RPLO (the RPLO may perform real property specialist duties, but may not execute any real property lease or associated contracting documents). The memo will notify the RPLO that they have 6 months to meet the maintenance requirements of their warrant, and if the requirement is not met, their warrant will be revoked. The memo will be signed by the Director of OPPM, or their designee. WO AMENDMENT 6409.12-2014-1 EFFECTIVE DATE: 07/08/2014 DURATION: This amendment is effective until superseded or removed. 6409.12_10 Page 12 of 12 FSH 6409.12 - LEASING OFFICERS’ HANDBOOK CHAPTER 10 - REAL PROPERTY LEASING OFFICER WARRANT SYSTEM 14 - Exhibit 01 Continuous Learning Points are calculated as follows: CREDITABLE ACTIVITIES Academic Courses: Quarter Hour Semester Hour CEU Equivalency Exams Training Courses/Modules: Federal Acquisition Institute (FAI) Courses/Modules Awareness Briefing/Training – no testing/assessment associated Continuous Learning Module – testing/assessment associated Other Functional Training Leadership or Other Training Equivalency Exam Professional Activities: Professional Exam/License/Certificate Teaching/Lecturing Symposia/Conference Presentations Workshop Participation Symposia/Conference Attendance Publications (such as writing of posted issuances) CLPs 10 per Quarter Hour 10 per Semester Hour 10 per CEU Same points as awarded for the course 10 per CEU or: .5 point per hour of instruction 1 point per hour of instruction 1 point per hour of instruction 1 point per hour of instruction Same points as awarded for the course 10-30 points 2 points per hour, maximum of 20 points per year 2 points per hour, maximum of 20 points per year 1 point per hour; maximum of 8 points per day and 20 points per year .5 point per hour; maximum of 4 points per day and 20 points per year 10-40 points