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DURATION: This amendment is effective until superseded or removed.
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CHAPTER 20 - PLANNING FOR A LEASE ACQUISITION
Table of Contents
21 - IDENTIFICATION OF SPACE NEED ...................................................................... 2
21.1 - Lease Acquisition Methods .................................................................................................. 2
21.2 - Request for Leasing Action .................................................................................................. 3
21.21 - Requirements Interview .............................................................................................. 3
21.22 - Special Requirements ................................................................................................. 4
21.23 - Requirements Development Package ......................................................................... 4
22 - FEDERAL SPACE REQUIREMENTS ..................................................................... 5
22.1 - Federally Controlled Space .................................................................................................. 5
22.2 - Collocation............................................................................................................................ 5
22.21 - Collocation with USDA Agencies .............................................................................. 5
22.22 - Collocation with Department of Interior Agencies .................................................... 6
22.3 - Utilization Rate ..................................................................................................................... 6
23 - DELINEATED AREA ............................................................................................... 6
23.1 - Urban Areas .......................................................................................................................... 8
23.2 - National Environmental Policy Act Requirements .............................................................. 9
24 - FUNDING CONSIDERATIONS ............................................................................... 9
24.1 - Initial Capital Vs. Operating Lease Determination .............................................................. 9
25 - GSA LEASING AUTHORITY................................................................................. 10
25.1 - G-REX ................................................................................................................................ 10
25.11 - User Access .............................................................................................................. 11
25.12 - Registration ............................................................................................................... 11
25.2 - Forest Service Responsibility when GSA Does Not Grant Leasing Authority .................. 11
25.3 - Pre-existing Space Delegations That Do Not Require GSA Approval .............................. 12
25.31 - Categorical Space Delegations ................................................................................. 12
25.32 - Special Purpose Space Delegations .......................................................................... 13
25.33 - Long-term Land Leases ............................................................................................ 13
26 - MARKET SURVEY ................................................................................................ 14
26.1 - Pre-Solicitation Notice ....................................................................................................... 16
26.12 - General Services Administration Manual Exemptions ............................................ 18
26.13 - Response Times ........................................................................................................ 18
26.2 - Documentation.................................................................................................................... 18
26.3 - Analysis of Findings ........................................................................................................... 19
27 - ADDITIONAL PLANNING ..................................................................................... 19
27.1 - Acquisition Plan ................................................................................................................. 19
27.11 - Waiver of the Acquisition Plan ................................................................................ 20
27.2 - Determining the Source Selection Approach ..................................................................... 20
27.21 - Source Selection Plan ............................................................................................... 20
27.3 - Planning for Information Technology ................................................................................ 24
27.4 - Planning for Vending Facilities .......................................................................................... 24
28 - COMPETITION DETERMINATION ....................................................................... 27
28.1 - Approval Requirement for Leases Expected to Exceed $650,000 ..................................... 29
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The acquisition of leased facilities and sites requires the combined expertise of leasing,
engineering, safety, and ecosystem management personnel.
An electronic version of the applicable General Services Administration (GSA) Leasing Desk
Guide chapter titled: “Chapter 2 - New or Replacing Lease”, can be accessed at:
http://www.gsa.gov/graphics/pbs/LDG-Chapter2-NewLease-Final9-30-10_508comp.pdf.
21 - IDENTIFICATION OF SPACE NEED
Units must determine their facility and site needs based on the plans and processes described in
Forest Service Manual (FSM) 7310 and Forest Service Handbook (FSH) 7309.11.
This includes (but is not limited to):
1. Identifying a facility need in the Facility Master Plan (FMP).
2. Performing the Preliminary Project Analysis (PPA).
3. Completing the A-94 Analysis.
4. Developing a Prospectus.
21.1 - Lease Acquisition Methods
Units must develop a recommendation for acquiring space using the processes described in
FSM 7310 and FSH 7309.11.
In general, the three types of lease acquisitions methods are:
1. Leasing an existing facility,
2. Leasing a site, and
3. Lease construction.
Since there are various strategies for acquiring space, the Unit must examine all practicable
alternatives that will result in the lowest cost to the Government. This means a Unit must try to
examine their needs relative to what is available in the market and try to conform their
requirements so they can be met economically. For example, it is often difficult to find a site
large enough to accommodate all of the fleet and official Government parking required for a
Supervisor’s Office; therefore a Unit’s space need could be met by procuring parking at a
wareyard, placing visitor services at a smaller front office in a highly visible location, and
placing the office operation at a different location that doesn’t require a special build-out. This
will take advantage of existing vacant space in the market without requiring new construction
and costly delays in procuring space.
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21.2 - Request for Leasing Action
The Unit must provide a “Request for Leasing Action” to the Asset Manager/Group Lead of
Leasing and Property/ Supervisory Leasing Specialist.
The “Request for Leasing Action” must include the following information:
1. General space request or completed Standard Form (SF)-81, Request for Space. The
space request must contain the following components:
a. Square footage,
b. Type of space,
c. Special requirements,
d. Parking, and
e. Delineated area;
2. Reference to the FMP, PPA, and A-94 Analysis; and
3. Unit contact(s).
An electronic template of the SF-81, Request for Space, can be accessed via the GSA Forms
Library webpage located at:
http://www.gsa.gov/portal/forms/download/FB702F0B69C02BC385256A3E005EF9EE.
21.21 - Requirements Interview
Once the “Request for Leasing Action” has been approved in accordance with the Region’s
required approval process, the Real Property Leasing Officer (RPLO) shall work with the Unit to
discuss the details of the “Request for Leasing Action” and the Unit’s space requirements.
The RPLO may use the Needs Assessment Questionnaire as a tool to assess the Unit’s space
requirements. An electronic version of the Needs Assessment Questionnaire can be accessed via
the GSA Real Estate Exchange system (G-REX) (see ch. 20, sec. 25.1).
The level of detail required to be gathered during this phase will ultimately depend upon the
GSA lease model used (see chapter 30 of this handbook for details on GSA lease models). The
RPLO and the Unit shall discuss which lease model applies and the Unit’s subsequent roles and
responsibilities that are required by the chosen lease model.
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During this meeting, the RPLO should also discuss estimated timelines, expectations, upcoming
costs, employee committees and involvement, and any other aspect of the request for lease
proposals (RLP) that may concern the Unit.
21.22 - Special Requirements
The Unit must provide plans and specifications for any special requirements (“must haves”) that
are above and beyond the shell and tenant improvement language in the RLP. Examples of
special requirements could include:
1. Loading dock at the building,
2. Floor restrictions,
3. Proximity to public transportation,
4. 24-hour computer rooms (size, equipment, and heat loads),
5. Telecommunication rooms,
6. Security enhancements,
7. Outdoor work areas, and
8. Daytime cleaning.
21.23 - Requirements Development Package
Using information gathered during the requirements interview and via the Needs Assessment
Questionnaire, the RPLO should document the following information:
1. Square footage broken down by space type,
2. Special requirements*,
3. Delineated area (see sec. 23),
4. National Environmental Policy Act (NEPA) requirements (see sec. 23.2),
5. General outline of offices, cubicles, and support space,
6. Adjacency needs,
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7. Current organization chart and personnel headcount, and
8. Furniture and equipment needs.
The RPLO will use the requirements development package as the primary tool to develop an
RLP that contains clear and enforceable space requirements.
*Note: It is essential that the RPLO explore available market inventory to determine if the
Unit’s special requirements exceed that which is currently in the market and how much
additional funds will be needed to modify existing space to meet special requirements. Special
requirements could even limit completion if careful consideration is not given to existing
inventory.
22 - FEDERAL SPACE REQUIREMENTS
When planning a lease acquisition, the RPLO shall abide by Department Regulation (DR) 1620002, U. S. Department of Agriculture (USDA) Space Management Policy. This policy includes
guidance on federally controlled space, collocation, and utilization rates. An electronic version
of this DR can be accessed at: http://www.ocio.usda.gov/directives/doc/16202amendment1_2003_01.pdf.
22.1 - Federally Controlled Space
In accordance with DR 1620-002, the RPLO shall give first consideration to available existing or
planned Government-controlled space. GSA will determine the availability of suitable existing
or planned Government-controlled space upon receiving the RPLO’s request for leasing
authority. See section 25 for more details on requesting lease authority.
If Government-controlled space is available, and the RPLO determines that the space is not
suitable, this decision must be fully documented and approved by GSA.
22.2 - Collocation
When practicable, and to the extent consistent with efficient, effective, and improved services,
agencies within USDA, and within the Department of the Interior (DOI), should be combined to
reduce personnel and duplicative overhead expenses.
22.21 - Collocation with USDA Agencies
In accordance with DR 1620-002, the RPLO shall give consideration to collocation opportunities
at USDA-owned or leased facilities where the geographic area meets program space
requirements. Collocation with other USDA agencies may be accomplished using an
interagency agreement. The RPLO should coordinate this through the local Grants &
Agreements staff (see FSH 1509.11, ch. 50 for details on interagency agreements).
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The RPLO may request an exception to the collocation policy by initiating a signed request
between all affected USDA agencies, then forwarding to USDA Office of Procurement Property
Management (OPPM) for approval (see DR 1620-002).
If currently collocating, the RPLO may request a decollocation by initiating a request through the
Local Food and Agricultural Council (LFAC) and the State Food and Agricultural Council
(SFAC), then forwarding to USDA OPPM for approval (see DR 1620-002).
22.22 - Collocation with Department of Interior Agencies
In accordance with the legislative authority for Service First (see zero code, sec. 7), the RPLO
should consider collocation opportunities at owned or leased facilities where DOI agencies are
present and the geographic area meets program space requirements. The goal of collocating with
DOI agencies is to improve customer service by offering a one-stop shop for the visiting public,
increase operational efficiency, and improve stewardship of the land.
Collocation with DOI agencies may be accomplished using an interagency agreement. The
RPLO should coordinate this through the local Grants & Agreements staff (see FSH1509.11,
ch. 50 for details on interagency agreements).
22.3 - Utilization Rate
In accordance with DR 1620-002, the Forest Service mandates that no more than 150 usable
square feet should be allocated per person for general office space needs. Special use space such
as conference space, storage space, copy rooms, and laboratories have specific square foot
allocation requirements that do not count towards the useable square feet per person.
23 - DELINEATED AREA
The RPLO shall work with the Unit to determine the delineated area for the requested space.
The location of requested space is ultimately governed by Forest Service program requirements
(see FSH 7309.11, sec. 32.1); however, when considering a suitable geographic area in which to
acquire space, the RPLO shall ensure that the area of consideration is consistent with mission
requirements and provides adequate competition (see section 28). When competition decreases,
costs increase. This means that the RPLO shall specify the Forest Service’s space needs and
solicit bids or proposals in a manner designed to achieve full and open competition. The RPLO
shall limit the inclusion of restrictive provisions unless it is determined to be mission critical and
the Line Officer provides a written statement describing this.
The RPLO shall consider the following statutes and Executive orders to determine the delineated
area:
1. Rural Development Act of 1972 - This act directs Federal agencies to give first
consideration to the location of new offices and other facilities in rural areas.
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2. Executive Order 12072 - If a Federal agency concludes that its program must be
located in an urban area, this Executive order directs Federal agencies to give first
consideration to Central Business Areas (CBAs). When existing Government owned or
controlled space is unavailable, the Forest Service must acquire space in an urban area
within the applicable CBA, unless the Forest Service can provide a written justification to
GSA explaining why its program cannot be efficiently performed within the CBA.
3. Executive Order 13006 - If a Federal agency concludes that its program must be
located in an urban area, this Executive order directs Federal agencies to give first
consideration to acquiring space in historic buildings and districts within CBAs.
Accordingly, if the Forest Service must acquire space in an urban area, the RPLO shall:
a. Consider agency-controlled historic properties within historic districts inside
CBAs when locating its operations;
b. Then consider agency-controlled developed or undeveloped sites within historic
districts, if no suitable agency-controlled historic property specified in paragraph (a) of
this section is available;
c. Then consider agency-controlled historic properties outside of historic districts, if no
suitable agency-controlled site exists within a historic district as specified in paragraph
(b) of this section;
d. Then consider non-historic agency-controlled properties, if no suitable agencycontrolled historic properties outside of historic districts exist as specified in paragraph
(c) of this section;
e. Then consider historic properties under the custody and control of the U.S. Postal
Service, if there is no available space in non-historic agency-controlled properties
specified in paragraph (d) of this section;
f. Then consider non-historic properties under the custody and control of the U.S. Postal
Service, if there is no available space in historic properties under the custody and control
of the U.S. Postal Service specified in paragraph (e) of this section.
4. Executive Order 11988 - This act directs Federal agencies to avoid the acquisition of
space that would be located within a 100-year floodplain.
a. For space that will be acquired using GSA’s delegated lease authority (see
sec. 25) - if there is no practicable alternative to locating this type of space within a
floodplain, GSA may waive the floodplain requirements on a case-by-case basis if
requested by the Forest Service during the lease delegation application process (see
section 25). To request a waiver of the floodplain requirement, the RPLO shall
provide a plan certified by the Forest Service Ecosystem Management staff
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describing the mitigation measures that will be taken to minimize the impacts of the
floodplain. The request must clearly justify the Forest Service’s need to occupy the
space and demonstrate that there is no other competition in the market. The request
must also be approved by the Regional Forester prior to its submission to GSA.
If GSA approves the request, and ultimately delegates leasing authority to the Forest
Service to procure the space, the RPLO shall work with the Forest Service Ecosystem
Management staff to minimize the impacts of the floodplain.
b. For space that will be acquired using the Categorical and Special Use Space
delegated lease authority (see sec. 25) - if there is no practicable alternative to
locating this type of space within a floodplain, the Washington Office, Director of
Acquisition Management (AQM) may waive the floodplain requirements on a caseby-case basis if requested by the RPLO. The RPLO shall provide a plan certified by
the Forest Service Ecosystem Management staff describing the mitigation measures
that will be taken to minimize the impacts of the floodplain. The request must clearly
justify the Forest Service’s need to occupy the space and demonstrate that there is no
other competition in the market. The request must also be approved by the Regional
Forester prior to its submission to the Washington Office, Director of AQM.
If the Washington Office, Director of AQM approves the request, the RPLO shall
work with the Forest Service Ecosystem Management staff to minimize the impacts
of the floodplain.
23.1 - Urban Areas
An urban area is a metropolitan area that the Census Bureau defines as an area consisting of a
central place(s) and adjacent densely settled territory that together contain at least 50,000 people,
generally with an overall population density of at least 1,000 people per square mile.
If it is determined that the Forest Service must acquire space in an urban area, the RPLO shall:
1. Verify the central business area boundaries. If there is any doubt as to the geographic
boundaries of the central business area and areas of similar character in a community, the
RPLO shall consult the appropriate decisional official or body (such as the mayor or city
council).
2. Provide local officials with a written notice of the proposed space acquisition and an
opportunity to respond. This can be sent in the form of a letter to the mayor, city council,
or city planning board, as appropriate in the locality with each response documented.
3. Submit a GSA Leasing Delegation Application (see sec. 25 for more details).
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4. If leasing authority is granted, submit a request to the Washington Office, Director of
AQM requesting approval to exercise the leasing authority. This request must be signed
by the AQM Regional Director.
5. The Washington Office, Director of AQM will review and submit via cover letter to
the USDA, Director of OPPM requesting approval to exercise the leasing authority
(Agricultural Property Management Regulations (AGPMR) §110-72.30).
23.2 - National Environmental Policy Act Requirements
All Federal lease acquisitions require compliance with the Forest Service National
Environmental Policy Act (NEPA) regulations at 36 CFR 220. Most Forest Service leases
acquire space in an existing building, or are lease extensions, renewals, or succeeding leases.
These types of lease acquisitions do not typically trigger a NEPA analysis and the RPLO will be
required to sign the pertinent Washington Office template to document that NEPA is not
triggered for that particular lease action (see ch. 40, sec. 44.14 for more details on the template).
A NEPA analysis must be performed for lease construction and should be undertaken prior to
lease award to determine what, if any, impacts the proposed lease action may have on the
physical and human environment. To facilitate this, the RPLO shall contact the Environmental
Coordinator at the applicable level of responsibility; such as the Unit for a local construction
project, the Regional Office for Regional projects, or the Ecosystem Management Coordination
NEPA staff for national projects.
24 - FUNDING CONSIDERATIONS
24.1 - Initial Capital Vs. Operating Lease Determination
In accordance with OMB Circular No. A-11, Appendices A and B, the RPLO shall determine
whether the proposed lease acquisition will be an operating lease (annual operating expense) or a
capital lease (capital acquisition).
To determine whether the proposed lease acquisition will be a capital or operating lease, the
RPLO shall fill out the Forest Service Capital vs. Operating Lease Spreadsheet using as much
preliminary information as possible. The RPLO should include the following:
1. Proposed total rentable square feet (RSF);
2. Proposed full-service rate including a break-out for operating costs, taxes, and
insurance;
3. Anticipated award and effective dates; and
4. Proposed term.
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Because the Forest Service continues to operate under serious budget constraints, and the upfront obligation for capital leases is so great, the RPLO shall not enter into capital leases under
any circumstances.
The capital vs. operating lease determination is important at this stage because it provides the
RPLO with an estimated lease term that will qualify a lease as an operating lease. The RPLO
should use this lease term when completing the GSA Leasing Delegation Authorization Request
Application, Acquisition Plan, and the RLP.
Later in the lease acquisition process, the RPLO will have to provide a capital vs. operating lease
determination for each proposal in the competitive range (see ch. 40 of this handbook) and a
capital vs. operating lease determination for the successful offeror prior to lease award (see
ch. 40).
An electronic version of the Forest Service Capital vs. Operating Lease Spreadsheet can be
accessed via the Forest Service’s Real Property Intranet, under the section titled “Quick Picks”
located at: http://fsweb.wo.fs.fed.us/aqm/property/RealProp.php. A comprehensive set of
instructions for using the spreadsheet is included on the 4th tab of the spreadsheet.
25 - GSA LEASING AUTHORITY
Federal Management Regulation (FMR) Bulletin 2008-B1 requires the RPLO to apply directly to
GSA for leasing authority to acquire General Purpose Space less than 19,999 rentable square feet
and Special Purpose Space greater than 2,500 rentable square feet for a lease term up to 20 years
when the lease amount is below prospectus level. GSA will acquire the space for any request
greater than 19,999 rentable square feet.
To request leasing authority, the RPLO shall submit a Leasing Delegation Authorization Request
Application via GSA’s online interactive portal called “G-REX” (see sec. 25.1 for more details).
The RPLO can access an electronic version of the Leasing Delegation Authorization Request
Application via G-REX.
25.1 - G-REX
Since 2008, GSA has managed agencies’ requests for leasing authority through an interactive
online portal currently called G-REX (see Zero Code, sec. 5). GSA uses G-REX to receive
process, grant, or deny requests for lease authority, answer questions, and provide guidance on
leasing matters. GSA also uses G-REX to conduct post award reviews of leases for compliance
with applicable laws and regulations.
Features of G-REX include:
1. Leasing authority requests and procurement documentation,
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2. GSA approvals, denials, or requests for more information,
3. Current GSA lease forms and documents,
4. Forms and documents customized by GSA for USDA use,
5. Decision-making tools and sample correspondence,
6. GSA leasing policy,
7. GSA’s lease inventory,
8. Quarterly newsletters,
9. Frequently asked questions,
10. Links to helpful site,
11. Reports, and
12. A “Help” module.
25.11 - User Access
The RPLO shall request an account to use G-REX. To do this, the RPLO shall send an email to
del-egate@gsa.gov or call (202) 208-2137 and request a G-REX access application. The RPLO
shall complete the application and have their Supervisor sign. Once completed, the RPLO shall
submit the application to del-egate@gsa.gov. When the request is approved, a GSA
representative will contact the RPLO to describe how to access the site and log-on with a user ID
and password.
25.12 - Registration
The RPLO shall register in G-REX before conducting any lease activities using GSA’s leasing
authority. To do this, the RPLO shall upload a copy of their RPLO warrant, training certificates,
and effective January 2012, a signed “Certificate of Experience”. An electronic version of the
“Certification of Experience” can be accessed via G-REX.
25.2 - Forest Service Responsibility when GSA Does Not Grant Leasing Authority
If GSA elects not to grant the Forest Service leasing authority, it is the responsibility of the
RPLO to assist GSA in the acquisition of the leased space when assistance is requested by GSA.
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25.3 - Pre-existing Space Delegations That Do Not Require GSA Approval
The RPLO does not have to request leasing authority from GSA to acquire Categorical Space,
Special Purpose Space (less than 2,500 square feet), or unimproved land for the purposes of
erecting permanent structures.
25.31 - Categorical Space Delegations
A categorical space delegation is a standing delegation of authority from GSA to all Federal
agencies to acquire the following types of space (FMR §102-73.155):
(a) Space to house antennas, repeaters, or transmission equipment;
(b) Depots, including, but not limited to, stockpiling depots and torpedo net depots;
(c) Docks, piers, and mooring facilities (including closed storage space required in
combination with such facilities);
(d) Fumigation areas;
(e) Garage space (may be leased only on a fiscal year basis);
(f) Greenhouses;
(g) Hangars and other airport operating facilities including, but not limited to, flight
preparation space, aircraft storage areas, and repair shops;
(h) Hospitals, including medical clinics;
(i) Housing (temporary), including hotels (does not include quarters obtained pursuant to
temporary duty travel or employee relocation);
(j) Laundries;
(k) Quarantine facilities for plants, birds, and other animals;
(l) Ranger stations, that is, facilities that typically include small offices staffed by one or
more uniformed employees, and may include sleeping/family quarters, parking areas,
garages, and storage space. Office space within Ranger Stations is minimal and does not
comprise a majority of the space. (May also be referred to as guard stations, information
centers, or kiosks);
(m) Recruiting space for the armed forces (lease terms, including all options, limited to 5
years);
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(n) Schools directly related to the special purpose function(s) of an agency;
(o) Specialized storage/depot facilities, such as cold storage; self-storage units; and
lumber, oil, gasoline, shipbuilding materials, and pesticide materials/equipment storage
(general purpose warehouse type storage facilities not included); and
(p) Space for short-term use (such as conferences and meetings, judicial proceedings, and
emergency situations).
25.32 - Special Purpose Space Delegations
A special purpose space delegation is a standing delegation of authority from GSA to 13 specific
federal agencies to lease their own special purpose space. The Department of Agriculture may
acquire the following types of space without requesting lease authority from GSA if the space is
less than 2,500 square feet (FMR §102-73.170):
(a) Cotton classing laboratories (lease terms, including all options, limited to 5 years);
(b) Land (if unimproved, may be leased only on a fiscal year basis);
(c) Miscellaneous storage by cubic foot or weight basis;
(d) Office space when required to be located in or adjacent to stockyards, produce
markets, produce terminals, airports, and other ports (lease terms, including all options,
limited to 5 years);
(e) Space for agricultural commodities stored in licensed warehouses and utilized under
warehouse contracts; and
(f) Space utilized in cooperation with State and local governments or their
instrumentalities (extension services) where the cooperating State or local government
occupies a portion of the space and pays a portion of the rent.
25.33 - Long-term Land Leases
In accordance with the 16 U.S.C. 571c, the Forest Service has independent authority to acquire
long-term land leases for the purposes of erecting permanent structures without requesting
leasing authority from GSA (see zero code, ex. 01). Leases authorized pursuant to 16 U.S.C.
571c must precede the expenditure of construction funds and may be only for as long as the
estimated life or need for the structure to be erected. Once a lease pursuant to 16 U.S.C. 571c
expires, subsequent renewals must be handled in accordance with the GSA delegation program
(section 25).
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The RPLO can only exercise this authority upon receipt of written approval from the Washington
Office, Director of AQM. To request permission to use this authority, the RPLO shall send a
written request to the Washington Office, Director of AQM with the following supporting
documentation:
1. Location of land,
2. Amount of land (acres),
3. Lease term
4. Amount of rent,
5. Use of land,
6. Description of FS-owned permanent structure(s) at site,
7. Cost to develop or maintain site,
8. Competition determination (if sole source, provide justification), and
9. First and Last Name of the RPLO executing lease
26 - MARKET SURVEY
A market survey is the most critical step in the lease acquisition process. The goal of the market
survey is to identify all possible spaces which meet, or are capable of meeting, the Forest
Service’s minimum space requirements.
It is important for the RPLO to engage the local engineering or safety staff for assistance in
surveying existing buildings or inspecting potential buildings for suitability during the
market survey process.
1. Survey existing Forest Service occupied space.
When applicable, a walkthrough of existing Forest Service occupied space should be
conducted to:
a. Understand the Unit’s program operations,
b. Determine if the existing building is capable of meeting the new RLP
requirements,
c. Look for special or specific alterations that may be needed,
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d. Review records from the contracting officer’s representative (COR) and
documentation of past performance, and
e. Discuss building layout and circulation patterns.
2. Publish the proposed lease acquisition.
See section 26.1 for more details.
3. Determine whether historic properties exist within the delineated area.
See sections 23 and 26.1 for more details.
4. Determine whether floodplains exist within the delineated area.
See section 23 for more details.
5. Consult (by telephone or in person) with real estate agents, owners, real estate service
contractors, and others, as appropriate.
6. Drive or walk the delineated area, noting signs, vacant buildings or lots, construction
sites, and so forth.
7. Inspect buildings to determine if the building is capable of meeting the minimum
requirements.
When inspecting buildings with owners or real estate agents, the RPLO should:
a. Bring a camera to photograph buildings,
b. Bring a tape measure to get approximate measurements,
c. Bring a local street map to identify subject property within the delineated area,
d. Bring draft RLP requirements, building accessibility data, and fire and safety
specifications, and
e. Ask if the building contains asbestos and/or equipment containing polychlorinated
biphenyls (PCBs). If asbestos are present, depending upon the type, it will have to be
removed, encapsulated, or enclosed prior to the Government’s occupancy.
8. Contact local officials.
9. Review multiple listing services (MLS) or other database services such as CoStar or
LoopNet which to obtain current information on commercial space.
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*Note: In the past, an onsite inspection of available properties during the market survey stage
was required. This is no longer required because detailed information is available from many
sources. However, after initial offers, but before evaluation of best and final offers, all
properties in consideration must be inspected if the Forest Service has not previously inspected
them. The RPLO should engage the local engineering or safety staff for assistance in
inspecting these properties.
26.1 - Pre-Solicitation Notice
An important step in the market survey process is to seek expressions of interest from potential
Offerors. In accordance with the General Services Administration Acquisition Manual (GSAM)
570.106, if the proposed lease acquisition is not exempt (see sections 26.11 – 26.12) the RPLO
shall:
1. Publicize the proposed acquisition of leasehold interests in real property estimated to
exceed 10,000 square feet via GSA’s electronic posting system FedBizOpps
(http://www.FBO.gov). *Note: The RPLO may publicize the proposed lease
acquisitions of 10,000 square feet or less in local newspapers or FedBizOpps if it will
serve to promote competition.*
2. Publicize the proposed acquisition of leasehold interest in a building to be constructed
on a pre-selected site (regardless of size or value) via FedBizOpps.
3. Publicize the proposed acquisition of leasehold interest in real property not subject to
a square foot measurement (for example, antennas, piers, parking) when the contract
action is expected to exceed $25,000 via FedBizOpps.
4. Send copies of the pre-solicitation notice to the Advisory Council on Historic
Preservation, 1100 Pennsylvania Avenue, NW, Washington, D.C. 20004-2590 and the
State Historic Preservation Officer on the day in the advertisement is placed if the
proposed acquisition of leasehold interest in real property is estimated to exceed 10,000
square feet.
The Historic Preservation Office should respond prior to the completion of the market
survey. However, if this does not occur, the RPLO shall still identify any historic
buildings capable of meeting the Forest Service’s needs during the market survey. The
RPLO can determine this by checking the National Register of Historic Places which is
available via the internet at: http://www.nationalhistoricregister.com.
The RPLO should notify the existing Lessor (if applicable) of the pre-solicitation notice because
lessors do not often check FedBizOpps regarding their properties.
See exhibit 01 for a sample pre-solicitation notice.
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26.1 - Exhibit 01
Sample Pre-solicitation Notice
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26.11 - Federal Acquisition Regulation (FAR) Exemptions
See FAR 5.202 for a list of exemptions to the publication requirement described in section 26.1.
26.12 - General Services Administration Manual Exemptions
See GSAM 570.106d for a list of exemptions to the publication requirement described in
section 26.1.
26.13 - Response Times
If the proposed lease acquisition is expected to exceed the simplified lease acquisition threshold
(SLAT), the RPLO should allow at least 20 days between the initial posting of the presolicitation notice, and when responses are due, for the market to respond to the Forest Service’s
need for space.
If the proposed lease acquisition is not expected to exceed the SLAT, the RPLO should establish
a response time that will afford the market a reasonable opportunity to respond.
For cases of unusual and compelling urgency, the RPLO should provide as much response time
as reasonably possible under the circumstances.
26.2 - Documentation
When gathering information during the market survey (see section 26), the RPLO should
document information such as:
1. Amount and quality of available space,
2. The floor plan,
3. Confirmation that the site is within the delineated area,
4. Level and type of services offered,
5. Accessibility for the disabled or handicapped,
6. Fire or life safety requirements,
7. Proximity to public transportation and parking,
8. Estimated cost of the space, and
9. Ability of the space to meet the requirements of the RLP.
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The RPLO may use GSA Form 2991, Market Survey for Existing Buildings, to document their
findings during the market survey. A copy of this documentation must be retained in the lease
file. An electronic version of this form can be accessed via the GSA Forms Library webpage
located at:
http://www.gsa.gov/portal/forms/download/3564B2F44EC78643862572ED003FCC86.
The RPLO shall also document any possible deficiencies in the existing or proposed locations
that could limit the capability of the lessor to successfully respond to the RLP.
The RPLO can use information gathered during the market survey to help determine if the
market is capable of meeting the RLP requirements, revise the RLP as necessary to ensure there
is adequate competition, and create a negotiation strategy later in the lease acquisition process.
If the RPLO discovers that there are no suitable spaces in the market, the RPLO can use the
written survey as documentation in an Other than Full and Open Competition justification
(see sec. 28).
The RPLO shall not conduct any negotiations during the market survey stage and advise each
potential offeror that the market survey does not constitute the issuance of an RLP.
26.3 - Analysis of Findings
The RPLO should analyze the market data and modify the RLP (if needed) to ensure that there
will be adequate competition to meet the Forest Service’s requirements (see ch. 30 of this
handbook for more details). If the RPLO intends to make changes to the RLP, the RPLO should
contact the Unit to ensure that the proposed changes will not impact mission requirements.
27 - ADDITIONAL PLANNING
27.1 - Acquisition Plan
The RPLO is responsible for formulating an acquisition plan. An acquisition plan is a
documented strategy that addresses the timelines and negotiation objectives that will be used in
the acquisition process. It summarizes the plan of action and identifies milestones in the
acquisition process.
All proposed lease acquisitions that have a dollar value greater than $25,000 average net annual
rent1 for the term of the lease, including option periods, must have an oral or written acquisition
plan before an RLP is issued.
1
See Zero Code, section 5. Net annual rent does not include the cost of operations and maintenance of the building
such as janitorial services, utilities, and maintenance. It does include the cost of taxes and insurance.
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All proposed lease acquisitions that have a dollar value greater than $150,000 average net annual
rent for the term of the lease (referred to as the SLAT), including option periods, must have a
written acquisition plan before an RLP is issued. Acquisition plans for proposed lease
acquisitions in excess of the SLAT must be reviewed and approved at least one level above the
RPLO. The RPLO shall retain a copy of the acquisition plan in the lease file.
An electronic version of the acquisition plan template (LLA1) can be accessed via the GSA
Forms Library webpage located at:
http://www.gsa.gov/portal/forms/download/DB19BD42A6FEBFCC85256FEE0046131A.
27.11 - Waiver of the Acquisition Plan
The requirement to prepare a written acquisition plan for proposed lease acquisitions exceeding
the SLAT may be waived in cases of unusual and compelling urgency. When approval to waive
the requirement for a written plan is granted, the RPLO shall prepare an oral acquisition plan.
Once the lease is awarded, the RPLO shall prepare a written summary of the oral plan, including
the name of the approving official and the nature of the urgency involved and retains a copy in
the lease file.
27.2 - Determining the Source Selection Approach
The RPLO shall work with the Unit to decide whether the lease award will be based only on
price (lowest price technically acceptable) or whether price will be one of several factors
evaluated (best-value tradeoff). The source selection approach must align with the parameters of
the GSA lease model that will be used (see chapter 30 for more details on GSA lease models).
If it is determined that the lease will be awarded in accordance with the best value trade-off
procurement method, the RPLO and Unit shall determine what technical award factors will be
used and their relative ranking/weights (past performance must be one of the factors). Further,
the RPLO and Unit must also decide the relative importance of the overall technical proposal to
price (for example, substantially greater than, approximately equal to, or substantially less than).
An electronic version of the applicable GSA Leasing Desk Guide chapter titled: “Chapter 13 Source Selection”, can be accessed at: http://www.gsa.gov/graphics/pbs/LDG-Chapter2NewLease-Final9-30-10_508comp.pdf.
27.21 - Source Selection Plan
If the best-value trade off procurement method will be used, the RPLO shall develop a source
selection plan. This plan is a written document that outlines the Forest Service’s strategy for
evaluating competitive proposals and identifying how the best value to the Government will be
determined. The source selection plan must be signed by one level higher than the RPLO and
retained in the lease file. See exhibit 01 for a sample source selection plan.
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27.21 – Exhibit 01
Sample Source Selection Plan
Smokey Bear Ranger District, Smokey Bear National Forest
Nowhere, CA
This document, or portions hereof, contains proprietary or source selection information relating
to the conduct of a federal agency procurement, the disclosure of which is restricted by Section
27 of the Federal Procurement Policy Act (41 U.S.C. 423). The unauthorized disclosure of such
information may subject both the discloser and recipient to contractual, civil and/or criminal
penalties as provided by law.
Description of acquisition:
The Forest Service has a requirement to lease: i) 6,250 square feet of BOMA/ANSI
office/related space + or – 5% plus ii) 59 paved parking spaces and 26 secured paved
parking spaces for the Smokey Bear Ranger District Office in Nowhere, CA. The space
should be delivered to the Government December 1, 2010. The lease will be for a 10-year
term with the right to terminate after the first five years. The estimated cost for this lease is
$1,187,500.00.
Proposals will be evaluated based upon the following technical evaluation factors, listed in
descending order of importance.
Point Value
Highest
Ranking
Possible
Total
Points
Available
1. Location
13
3
39 + 1=40
2. Quality of Building, Appearance,
And Design
12
3
36
3. Past Performance
8
3
24
PRICE IS EQUALLY IMPORTANT T0 THE COMBINED WEIGHT OF THE
EVALUATION FACTORS LISTED ABOVE.
Offers will be evaluated in terms of each award factor based on a scale of 1 through 3, with 1
representing minimally acceptable and 3 representing an excellent rating. Offers falling between
excellent and minimally acceptable will receive a score of 2. The maximum technical score is
100.
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27.21 - Exhibit 01--Continued
FOR FACTOR 1 – LOCATION
15 points
Description: This factor considers the quality of the location of the building in terms of the
surrounding area.
SCORE
STANDARD
Excellent
Site is located adjacent to Highway 180 within the area of
consideration. Site allows for easy and safe access while entering
from the highway.
Minimally Acceptable
Site is not immediately adjacent to Highway 180 but
within 5 miles of Highway 180.
FOR FACTOR 2 - QUALITY OF BUILDING, APPEARANCE, AND DESIGN 12 points
Description: This factor considers the physical characteristics of the building in terms of the
character and quality of the building, layout of space, and flexibility of work space within the
building.
Excellent
The building is in excellent condition. It shall have a sense of
scale and “fitting” appropriate for the neighborhood and
community while communicating a professional Forest Service
image. The office space has full-sized windows regularly spaced.
Design of the space offered has an efficient layout, which also
allows for maximum use of windowed areas in the employees
work space.
Minimally Acceptable
Buildings that are in fair condition. It shall have a sense of scale
and “fitting” appropriate for the neighborhood and community
while communicating a professional Forest Service image. The
office space has windows in some areas of the building. Design of
the space offered has a layout which does not allow for maximum
use of windowed areas in the employees work space.
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27.21 - Exhibit 01--Continued
FOR FACTOR 3 - PAST PERFORMANCE
9 points
Description: Past performance, experience, and qualifications of firm.
Excellent
Offeror has completed at least one project which is similar in
scope, magnitude, and complexity. References contacted
give this Offeror an excellent rating for both completion
of projects and lease management.
Minimally Acceptable
Offeror has not completed a project which is similar in
scope, magnitude and complexity. References
give this Offeror an acceptable rating for completion
of other projects. Offeror has little experience in lease
management.
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27.3 - Planning for Information Technology
The Unit is responsible for addressing its information technology (IT) needs for the requested
space. If the Unit determines that it will need support to move its IT services to a new facility,
the Unit must:
1. Submit an electronic Service Request to the Chief Information Office (CIO)
(http://fsweb.wo.fs.fed.us/irm/service-request/index.php),
2. Provide business requirements to the Facility Move Support Team (FMST) so that it
can develop an IT Technical Solution Design Package for the facility move,
3. Meet with the FMST project manager to visit the “old” and “new” sites,
4. Review the IT Technical Solution Design Package,
5. Confirm that the agreed-to business requirements have been implemented and the
project is complete, and
6. Pay for all expenses related to the new facility or facility move
For more information, please go to the CIO Facility Move Support Team’s website at:
http://fsweb.wo.fs.fed.us/irm/facilities/.
27.4 - Planning for Vending Facilities
Historically, if the proposed lease acquisition was at least 15,000 square feet, or involved 100 or
more occupants, the RPLO was responsible for submitting a written notification to the applicable
State agency for a determination regarding whether it was interested in establishing vending
facilities onsite under the provisions of the Randolph-Sheppard Act.
GSA has recently determined that the RPLO shall notify the State agency of all proposed lease
acquisitions regardless of the amount of space to be acquired or the number of occupants. The
RPLO shall provide this notice via certified or registered mail as early as practicable during the
RLP development, but at least 60 days calendar days prior to the estimated issuance of the RLP.
The State agency must indicate in writing to the RPLO whether it is interested in establishing a
vending facility within 30 calendar days of receipt of the RPLO notification. The RPLO shall
include the following five key elements in its written notice to the State agency:
1. Address or delineated area of proposed location.
2. Tenant agencies and number of Federal employees to be served.
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3. Amount of space to occupied by tenants.
4. Office hours.
5. Estimated occupancy date.
See exhibit 01 for a sample notification letter.
If the State agency does not respond in writing to the RPLO within the 30 day period, the RPLO
may proceed with its proposed lease acquisition without including vending requirements. The
RPLO may use their discretion to consider any extension requests from the State agency beyond
the 30 day period.
If the State agency contacts the RPLO to coordinate the placement of vending facilities, the
RPLO shall work with the State agency to finalize the number, kind, and location of all vending
facilities. The Successful Offeror will be expected to provide the necessary utilities and make
any related alterations to accommodate the vending facilities.
The RPLO shall document all correspondence with the State agency in the lease file.
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27.4 - Exhibit 01
Sample Randolph-Sheppard Notice
[VIA CERTIFIED OR REGISTERED MAIL WITH RETURN RECEIPT]
December 1, 2013
Mrs. Jane Smith
Licensing Agent
123 Utah Boulevard
Salt Lake City, Utah 84081
Dear Mrs. Smith:
In accordance with the regulations implementing the Randolph-Sheppard Act, 34 CFR 395.31 (a)
& (c), the United States Forest Service (FS) gives notice to the Utah State Licensing Agency for
the blind of a vending opportunity as follows:





Location: Salt Lake City, Utah
Tenant: United States Forest Service, 50 employees
Amount of space: 10,000 square feet
Office hours: 6 am – 6 pm
Estimated occupancy: December 2014
The State Licensing Agency must acknowledge receipt of this notice in writing promptly to this
office within 30 calendar days and must indicate at that time whether it is interested in
establishing a vending facility. If the SLA does not notify this office within the 30 day period, I
will assume a lack of interest by the SLA and proceed with our lease project without vending
requirements.
If you have any questions please contact me at 123-456-7890.
Sincerely,
John Brown
Real Property Leasing Officer
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28 - COMPETITION DETERMINATION
When planning a lease acquisition, the RPLO shall ensure that the area of consideration complies
with the requirements of the Competition in Contracting Act (CICA). All new proposed lease
acquisitions, including succeeding leases and superseding leases, are subject to the requirements
of the Act:
1. Full and Open Competition: CICA requires that there be full and open competition.
Permitting all responsible sources to compete constitutes full and open competition. The
RPLO should conduct a market survey to determine possible sources for fulfilling space
requirements (see section 26).
For proposed lease acquisitions below the SLAT, the RPLO is only required to
solicit at least three sources to promote competition to the maximum extent
practicable (GSAM 570.203-2).
2. Other Than Full and Open Competition: If after review of the Unit’s space
requirements and/or the market survey indicates that full and open competition is not
possible, the RPLO may use other than full and open competition procedures to fulfill the
space needs.
a. For proposed lease acquisitions above the SLAT, the RPLO shall prepare a
formal justification and obtain the required approval for other than full and open
competitive action. See items 3 – 5 below for more details.
b. For proposed lease acquisitions below the SLAT, a formal justification is not
required, but the RPLO shall document the file to explain lack of competition (GSAM
570.203-2).
3. Exceptions For Use of Full and Open Competition: The RPLO shall cite one of the
following in the justification for other than full and open competition (41 U.S.C. 253):
*
(c)(1) - only responsible source.
*
(c)(2) - unusual and compelling urgency.
(c)(3) - industrial mobilization; experimental, developmental or research work.
(c)(4) - international agreement.
(c)(5) - authorized or required by statute.
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(c)(6) - national security.
(c)(7) - public interest.
*Exceptions (c)(1) and (c)(2) are used most frequently used in leasing process. For
example:
(c)(1): The location is specific due to program mission, for example, border
stations, airports, grain elevators.
(c)(1): Only one location is available (must be supported by market survey and/or
advertising.
(c)(2): Disaster or emergency.
(c)(2): Time critical. If delayed, the Government would be seriously injured. It
is important to note that a lack of planning does not constitute a time critical exception.
4. Justification: The justification should include (1) supporting data such as market
survey data and a description of the program mission as it relates to the space
requirement, (2) program certification that requirements are accurate and complete, and
(3) RPLO certification that information is accurate and complete.
5 Approval Levels of Justification: A Justification for Other than Full and Open
Competition must be approved in writing at the appropriate level in accordance with the
total lease value. The following chart depicts the dollar thresholds and approving official
levels:
Total Lease Value (including option
periods, excluding services that the
Government pays for)
< $150,000
≥$150,000 and < $650,000
≥ $650,000 and < $10,000,000
≥ 10,000,000 and < $50,000,000
Approving Official
No approval required but written
justification must be included in the lease
file.
One level above the RPLO
Forest Service Competition Advocate (see
section 28.1)
Washington Office, Director of AQM
The written approval of the justification by the appropriate approving official must be obtained
before the RPLO can begin negotiations. This approval must be retained in the lease file.
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28.1 - Approval Requirement for Leases Expected to Exceed $650,000
If a planned lease acquisition is expected to exceed $650,00 total lease value, excluding services
that the Government pays for, and it will be acquired using Other Than Full and Open
Competition (see sec. 28), the Justification for Other than Full and Open Competition must be
approved by the Forest Service’s Competition Advocate. The Forest Service’s Competition
Advocate is the Assistant Director for Policy, AQM (see FSH 6309.32, sec. 4G06.501).
To request approval from the Competition Advocate, the RPLO shall send a written request to
the Washington Office, Branch Chief Asset Management, containing the following information:
1. Acquisition Plan.
2. Justification for Other than Full and Open Competition with a signature block added
for the Competition Advocate’s signature.