The PDF version 
U.S. Department of Energy ORDER
Washington, D.C. DOE 4300.1C
6-28-92
Chg 1 6-13-94
SUBJECT: REAL PROPERTY MANAGEMENT
1. PURPOSE. To establish Departmentwide policies and procedures for the
acquisition, use, inventory, and disposal of real property or interests
therein.
2. CANCELLATION. DOE 4300.1B, REAL PROPERTY MANAGEMENT (formerly REAL
PROPERTY MANAGEMENT AND SITE DEVELOPMENT PLANNING, of 7-1-87); title
changed by Change 1 of 2-7-91.
3. SCOPE. The provisions of this Order apply to all Departmental
Elements, except as otherwise provided by statute or by specific
delegation of authority from the Secretary of Energy, and all
contractors and subcontractors performing work for the Department whose
contract may involve the acquisition, use, or disposal of real property
or interests therein, and where the contractor will be reimbursed for
the cost.
4. REFERENCES. The following references are useful or necessary to
perform the functions covered by this Order. There are additional
historical references included in the text for general information or
for research purposes.
a. DOE 4330.2C, IN-HOUSE ENERGY MANAGEMENT, of 3-23-88, which
prescribes policies, procedures, and plans for energy management
at all Department of Energy (DOE) sites.
b. DOE 4320.1B, SITE DEVELOPMENT PLANNING, of 1-7-91, which
establishes procedures for planning development at DOE sites.
c. DOE 4330.4A, MAINTENANCE MANAGEMENT PROGRAM, of 10-17-90, which
establishes policies, procedures, and plans for real property
maintenance management at all DOE sites.
d. "Real Property Inventory System Reference Manual," with change
material of 3-90, which provides instructions on the operation of
the Automated Inventory System.
e. DOE LEASING HANDBOOK, OF 6-90, which provides a source of
information and guidance for planning, acquiring, and managing
leasehold workspace to meet DOE needs.
5. APPLICABILITY.
a. This Order applies to acquisition, use, inventory, or disposal of
all Departmental real property or interests therein.
b. This Order does not apply to space obtained through the General
Services Administration (GSA) within the National Capital Region.
c. The Bonneville Power Administration (SPA) acquires and manages
real property under authority derived from the Bonneville Project
Act, the Federal Columbia River Transportation Act, and the
Pacific Northwest Electric Power Planning and Conservation Act.
The Administrator exercises these authorities independent of the
provisions of this Order and consistent with prudent utility
practices in a multi-utility system environment, and its ratepayer
accountability. The Secretary of Energy, through this Order,
establishes the general principles and policies for real property
management, which policies serve as a guide for BPA in the
execution of its real property program.
6. POLICY. It is the policy of the Department that:
a. All real property holdings shall be planned, developed, and
managed efficiently, economically and safely, and in compliance
with all applicable rules and regulations governing real property;
b. The acquisition, development, utilization, and disposal of
facilities and land at all major DOE sites will be in accordance
with an approved Site Development Plan. This development plan is
meant to include the rehabilitation of, major modification of, or
additions to existing facilities;
c. Only real property essential to the mission of the Department
shall be acquired;
d. All real property holdings shall be utilized effectively; and
e. All unneeded real property shall be disposed of promptly.
7. DEFINITIONS. Definitions are contained in Attachment 1.
8. RESPONSIBILITIES AND AUTHORITIES.
a. The Secretary or Designee.
(1) Authorizes actions to acquire title to or interests in real
property by condemnation.
(2) Acting through the Director, Office of Information Resources
Management, or designee, establishes principles and policies
relating to inventory, acquisition, use, and disposition of
real property owned or controlled by the Department.
b. Director, Office of Information Resources Management (AD-20).
(1) Serves as the Department's official point of contact relating
to inventory, acquisition, use, or disposal of real property.
(2) Coordinates and establishes procedures to implement policies
and principles relating to the inventory, acquisition, use,
and disposition of real property owned or controlled by DOE.
(3) Formulates and establishes criteria relating to the
quantification of need for, and method of, acquisition of
real property.
(4) Cooperates with Headquarters Elements in the review and
approval of studies submitted to Headquarters justifying the
need for real property including land improvements.
(5) As part of the overall budget process, makes recommendations
to the Secretary regarding compliance with this Order for all
real property actions.
(6) Maintains an inventory of real property owned, leased, or
controlled by DOE and for Departmental projects by its
contractors.
(7) Provides real property reports to the Office of Management
and Budget (OMB), GSA, and other Federal agencies, as
required.
(8) Reviews, comments on, and implements, as appropriate, OMB
issuances, Federal Property Management Regulations (FPMR),
Executive orders, and legislation which affect the real
property responsibilities of the Director, Office of
Information Resources Management.
(9) Designates representatives to serve on various interagency
committees and task forces pertaining to the real property
and facilities management areas of responsibility of the
Director, Office of Information Resources Management.
(10) Maintains liaison with OMB, the General Accounting Office,
GSA, Department of Justice, and other Federal agencies
concerning real property matters as they relate to the
responsibilities of the Director, Office of Information
Resources Management.
(11) Acting through the Chief, Real Property Branch (AD-141),
reviews real property management programs of PSO or his/her
designee not less than once every 3 years to determine
compliance with this Order.
(12) Acting through the Chief, Real Property Branch (AD-141),
issues certificates redelegating to program officials in
Headquarters or to field elements the authority for real
property transactions as specified in Chapter IX,
"Delegations of Authority," of this Order.
(13) When deemed appropriate, issues policy directives or
memoranda necessary to clarify this Order and grants
exception or modifications to the requirements of this Order.
c. Program Senior Officials (PSO) or Designees.
(1) Review and recommend to the Chief, Real Property Branch,
approval or disapproval of the documented studies justifying
the need for acquisition of non-DOE-controlled real property.
(2) Assure that documented studies and proposals to acquire real
property and continuing plans for utilization of
Government-owned or -controlled real property are made with
full consideration of economy, efficiency, programmatic needs
(both current and future), and all applicable laws and
regulations.
(3) Ensure that all reports and information disseminated are
consistent with the information contained in the Real
Property Inventory System 2 (RPIS2) maintained by the
Director, Office of Information Resources Management.
(4) Administer procedures, as set forth by the Director, Office
of Information Resources Management, relating to real
property activities under their cognizance.
(5) Must approve all real property actions prior to authorization
by or execution by a certified real property representative.
(6) Implement authorized real property actions.
(7) Review contractor practices relating to the acquisition and
management of real property for conformity with this Order,
including assurance that continuing plans for utilization of
Department-owned, -controlled, or -leased real property are
made with consideration of economy, efficiency, and
programmatic need for the work to be done.
(8) Assure that the policies and procedures for efficient and
economical management of Government property, including the
utilization and disposal of excess property, are applied to
the management of real property.
(9) Submit to the Chief, Real Property Branch, the reports
required by this Order and other special reports as may be
required.
(10) Designate, in writing, the person responsible for
accountability and management of real property under the
cognizance of the respective PSO.
(11) Ensure that the RPIS2 is maintained as a current data base by
assuring that:
(a) All real property under their cognizance is reported in
accordance with Chapter VII;
(b) Data are updated at least quarterly;
(c) All reports prepared by sites under their cognizance
regarding real property reflect the information
contained in the RPIS2;
(d) All users of the system within their organization and at
sites under their cognizance are familiar with the
system operating details and understand the current Real
Property Users Guide; and
(e) Financial data in RPIS2 are consistent with that
recorded in the Financial Information System (FIS).
(12) Authorities in this subsection may be redelegated; however,
such redelegation shall be in writing and shall specifically
set out the accountability and management responsibility
delegated to whom and for what period of time.
d. Deputy Assistant Secretary for Naval Reactors has the same
responsibilities as PSO's or designee for the Naval Reactors
Program.
e. Director of Procurement, Assistance and Program Management (PR-1),
has the same responsibilities as PSO or designees for contractor
actions administered by the Office of Procurement Operations.
9. SAVINGS PROVISIONS. All actions taken pursuant to any authority
delegated prior to this Order and in effect on the effective date of
this Order; all actions previously taken under the authority of DOE
4300.1B, REAL PROPERTY AND SITE DEVELOPMENT PLANNING, of 7-1-87, and
DOE 4320.1B, SITE DEVELOPMENT PLANNING, of 1-7-91, prior to the
effective date of this Order as amended, are hereby confirmed and
ratified and shall remain in full force and effect unless or until
rescinded, amended, superseded, or terminated.
10. PROCEDURES.
a. Detailed implementing procedures are contained in the appropriate
chapters of this Order.
b. Questions regarding this Order should be directed to the Chief,
Real Property Branch, Office of Organization, Resources and
Facilities Management (AD-141).
BY ORDER OF THE SECRETARY OF ENERGY:
DOLORES L. ROZZI
Director of Administration
and Human Resource Management
DEFINITIONS
1. ABANDONMENT IN PLACE is the discontinued use of a facility without
physical removal. Such abandonment must be documented to show
conformance with 41 CFR 101-47.5, Abandonment, Destruction, or Donation
to Public Bodies.
2. ACQUIRED LAND is land obtained from public or private sources, but
excludes land withdrawn from public domain.
3. ANNEXATION is a proceeding, instituted by a municipality, to include
Federal lands in its corporate limits.
4. AREA is a portion of a site. This term is applicable at larger sites
that have been segmented into "areas" for facilities planning or other
purposes as opposed to a "special area," which is offsite. Example:
The "300 Area" at Argonne National Laboratory (ANL), which is a portion
of the ANL site devoted to primary research and development.
5. BUILDING is an improvement that is suitable for housing people,
materials, and/or equipment, or which provides only partial protection
from the weather, such as a shed.
6. CANCELLATION CLAUSE is a lease clause permitting cancellation of a
lease agreement by one or both parties to the lease when certain
specified conditions are met.
7. CADASTRAL RECORDS are official records that show quantity, ownership,
and value of real property or the rights thereto.
8. CONDEMNATION is a judicial proceeding, initiated by the Government
under its right of eminent domain, to take private property for public
use.
9. CONTRACTING OFFICER is a Departmental official who is authorized to
execute and administer contracts under delegated contract authority.
10. DECLARATION OF TAKING is a pleading filed in a court with a
condemnation proceeding, whereby, with the deposit of just
compensation, the interest in the property, as stated in the pleading,
is vested at once in the Government.
11. DEED is a written instrument, whereby, title to real estate is
transferred. Deeds are usually under seal and must be recorded.
12. DISPOSAL is permanent or temporary transfer of DOE control and custody
of real property to a third party who, thereby, acquires rights to
control, use, or relinquish the property.
13. DONATION (GIFT) is the voluntary transfer or conveyance of an interest
in property without payment or consideration of any kind.
14. EASEMENT is the right to use land belonging to another for a specific
purpose, with the owner retaining title. The owner's use is restricted
to activities that will not interfere with the purposes for which the
easement was granted.
15. EMINENT DOMAIN is the right of the Government to take private property
for public use.
16. ENCUMBRANCE is a claim against property, such as an easement or a
mortgage, which prevents transfer of ownership free and clear of any
claims; however, it may be transferred or sold to another, subject to
the outstanding claim or claims.
17. EXCESS REAL PROPERTY is land, improvements to land, or both, including
interest therein, which is not required for the Department's needs or
the discharge of its responsibilities.
18. FACILITY is a general term used to describe any or all types of fixed
site improvements, including buildings, structures, and utilities.
19. FAIR MARKET VALUE is defined as the amount in cash, or on terms
reasonably equivalent to cash, for which in all probability the
property would be sold by a knowledgeable owner willing but not
obligated to sell to a knowledgeable purchaser who desires but is not
obligated to buy. In ascertaining that figure, consideration should be
given to all matters that might be brought forward and reasonably be
given substantial weight in bargaining by persons of ordinary prudence,
but no consideration whatever should be given to matters not affecting
market value.
20. FAIR RENTAL VALUE is the rental value under the proposed terms and
conditions that the use of the real property commands in a competitive
market.
21. FEDERAL LEGISLATIVE JURISDICTION is the power and authority of the
Federal Government to legislate and exercise executive and judicial
powers within defined areas.
22. FEE TITLE is full and unconditional ownership of surface, subsurface,
and air rights. The words "fee" and "fee title" are used
interchangeably.
23. FIELD ELEMENT is any officially established Departmental organization
located outside the Washington, DC, Metropolitan Area.
24. FINAL JUDGMENT is the final order issued by the court in a legal action
after all litigation is complete.
25. GENERAL PURPOSE SPACE is space in buildings and associated land under
the assignment authority of GSA that GSA has found to be suitable for
the interchangeable use of Federal agencies.
26. GRANTEE is the person to whom an interest in the real property interest
is conveyed.
27. GRANTOR is the person conveying an interest in real property.
28. IMPROVEMENTS are buildings, structures, utility systems, transportation
systems, and fixed equipment so attached to the building or structure
as to become a part thereof, and which cannot be removed without
damaging either the improvement or the property to which it is affixed.
29. JUST COMPENSATION is the monetary equivalent for the value of the
property taken as determined by the court in condemnation proceedings.
30. LEASE is an agreement, which gives exclusive possessory interest in the
property for a specified time, in exchange for payment of rent to the
owner.
31. LICENSE is a privilege to use or pass over property for a specified
purpose.
32. LIEN is a claim against the property to satisfy a debt.
33. METES AND BOUNDS is a description of the property in which boundaries
are described by directions and distances from a point of beginning.
34. NOMINAL RENT is consideration in money or services of a token amount,
usually $1.00 per annum. It denotes a consideration unrelated to the
fair rental value of the leased property.
35. OPTION is an agreement in which a property owner gives the Government
the right to acquire an interest in his or her property at a specified
price within a specified time.
36. OUTGRANT is a right to use DOE real property by means of a lease,
easement, license, or permit.
37. PROGRAM SECRETARIAL OFFICER is a Senior outlay program official and
includes the Assistant Secretaries for Conservation and Renewable
Energy; Nuclear Energy; Fossil Energy; Defense Programs; Environmental
Restoration and Waste Management, and the Directors of Energy Research,
Civilian Radioactive Waste Management, and New Production Reactors.
38. PERMIT is a temporary right of exclusive or nonexclusive use of real
property. It is generally applicable to granting another Federal
agency the right to use DOE property, or vice versa.
39. PUBLIC DOMAIN LAND is land that the United States acquired from another
nation by treaty, conquest, or purchase, ownership of which has never
left the United States. These lands are administered by the Department
of the Interior.
40. QUITCLAIM DEED is an instrument that transfers any title, interest or
claim the grantor may have in property, without a warranty that such
title, interest, or claim is valid. Also known as a deed without
warranty. It does not guarantee clear title and is not acceptable to
convey property on which the Government intends to make permanent
improvements.
41. REAL PROPERTY OR REAL ESTATE, for purposes of this Order, are
synonymous. Real estate means land and anything permanently affixed to
the land such as buildings, fences, and those things attached to
buildings such as light fixtures, plumbing and heating fixtures, or
other such items, which would be personal property if not attached.
42. REAL PROPERTY REPRESENTATIVE, or realty specialist, is the person
designated by the Head of the Field Element as the contact with the
Chief, Real Property Branch, and who will answer for the
appropriateness of real property actions in that organizational
element.
43. RELATED PERSONAL PROPERTY is any personal property, which is an
integral part of real property or is related to, designed for, or
specially adapted to the functional or productive capacity of the real
property and whose removal would significantly diminish the economic
value of the real property.
44. PERSONAL PROPERTY generally means movable items, which are not
permanently affixed to or considered to be an integral part of the
real property. Generally, but with exceptions, items remain personal
property if they can be removed without serious injury either to the
real property or to the items themselves.
45. RESTORATION is the act of restoring land and/or buildings to the
condition in which it was received, less normal wear and tear.
46. RETROCESSION is the act of reverting back to a State the U.S.
Government's legislative jurisdiction over property.
47. RIGHT OF ENTRY is the temporary right to enter upon property for a
specified purpose without acquiring any real property or interest
therein.
48. SCREENING is the process of circulating real property availability
notices to determine if there is a requirement for use by another
organization or agency.
49. STRUCTURE is any improvement that is not a building or a utility
constructed on or in the land. Examples of structures include bridges,
antenna towers, tanks, fixed cranes, roads, and sidewalks.
50. SURPLUS PROPERTY is excess property for which screening through other
Federal agencies by GSA shows no Government requirement for the
property.
51. TEMPORARY ACQUISITION OR TEMPORARY USE is the acquisition of less than
an ownership title to real property `for a definite period of time
related to present and foreseeable Departmental requirements for real
property in support of a particular program or project.
52. TITLE EVIDENCE is an analysis rendered by a title insurance company or
other competent authority concerning the status of the legal title to a
parcel of real property.
53. TITLE OPINION is, in the case of real property being acquired by the
United States, the opinion of the Attorney General as to the efficacy
of the Government's title to that property.
54. TOPOGRAPHIC MAP shows contour elevations at stated intervals along with
natural features and geographic information.
55. UTILITY is a system, or any of its components, which generates and/or
distributes (via pipelines, wires, buses, or electromagnetic waves) a
commodity or service to itself and/or to other facilities.
56. WITHDRAWN LAND is public domain land that has been reserved by the
Department of the Interior for use by a Federal agency for a specific
purpose.
Chg 1 6-13-94
TABLE OF CONTENTS
Page
CHAPTER I - ACQUISITIONS
1. Quantifying the Need I-1
2. Acquisition Planning I-3
3. Purchase of Property I-5
4. Transfer from Another Government Agency I-18
5. Withdrawal of Public Domain Lands I-18
6. Exchanges and Donations I-20
7. Leases I-21
8. Acquisition of Other Interests I-37
Attachment I-1 - GSA Lease Delegation Documents I-41
CHAPTER II - DISPOSAL OF REAL AND RELATED PERSONAL PROPERTY
1. Disposal of United States-Owned Land and/or Improvements II-1
2. Disposal of DOE-Owned Improvements Without the Underlying Land II-6
3. DOE Authority for Disposal of Real Property II-7
4. Disposal of Other Interests in Real Property II-10
5. Disposal Under Grants II-14
6. Relinquishment of Withdrawals II-14
Attachment II-1 - Annual Reviews II-15
CHAPTER III - APPRAISALS
1. Requirements III-1
2. Selection of Appraisers III-2
CHAPTER IV - CONDEMNATION
1. Acquisition Condemnation IV-1
2. Need for Condemnation Proceedings IV-1
3. Authority IV-1
4. Procedures IV-2
CHAPTER V - MANAGEMENT OF NATURAL RESOURCES
1. Forestry Management V-1
2. Soil and Water Conservation V-1
3. Fish and Wildlife Management V-1
4. Cultural Resource Management V-2
5. National Environmental Research Parks V-2
CHAPTER VI - ADMINISTRATION
1. Real Estate Inventory and Records VI-1
2. Authority VI-1
3. Creation of Records/Files VI-1
4. Maintenance and Use of Records/Files VI-4
5. Disposal of Records/Files VI-4
6. Real Property Reports VI-6
Attachment VI-1 - Annual Real Property Reports Requirements VI-7
CHAPTER VII - REAL PROPERTY INVENTORY SYSTEM 2
1. Applicability VII-1
2. User's Reference Manual VII-1
3. Data Entry Guidelines VII-1
4. Deletions VII-2
5. Exceptions VII-2
CHAPTER VIII - SPACE UTILIZATION AND REPORTING
1. Utilization VIII-1
2. Reporting VIII-1
3. New Construction Review VIII-2
CHAPTER IX - DELEGATIONS OF AUTHORITY
1. Background IX-1
2. Authorizing Officials Within Headquarters IX-1
3. Delegations through the Certification Program IX-2
4. Certification Process IX-3
5. Authority Levels for Certified Realty Specialists IX-3
6. Authorities Retained in Headquarters IX-6
7. Headquarters Review IX-6
Attachment IX-1 - Authority Levels in Headquarters IX-7
Chg 1 6-13-94
CHAPTER I
ACQUISITIONS
1. QUANTIFYING THE NEED.
a. The acquisition of real property is governed by Public Law 91-646.
Prior to 1989, the various executive agencies adopted their own
rules that would be followed in applying Public Law 91-646 to
their specific programs; however, beginning in 1989, a single rule
was adopted by all agencies. That rule was codified in 49 CFR
Part 24. Acquisitions by DOE must comply with that regulation.
b. Within certain limitations that are discussed in this Chapter,
Public Law 95-91 (91 Stat. 565) authorizes DOE to acquire real
property. When new programs, expanding requirements of existing
programs, administrative requirements, or other reasons result in
a need for additional land and/or improvements, the appropriate
program or management personnel should quantify the need. This
requires justifying how much space is needed, for what period of
time, and where and why it is required. Any decision must be
based on a coordinated analytical effort by fiscal, legal, and
technical personnel, as well as program and real property
representatives. The real property representative must assure
that input from all appropriate offices is solicited and
considered.
c. In quantifying the need, describe the minimum real estate interest
needed to satisfy the project requirements in such a way that the
reviewing levels will have a clear understanding of the nature of
the requirement. Information, with backup documentation, on the
following must be included:
(1) Proposed uses of the real property;
(2) Air, surface, and subsurface rights required;
(3) Estimated period of need;
(4) Amount of real property required, including, as appropriate,
interim requirements based on the latest available GSA
guidelines;
(5) Physical characteristics;
(6) Access and transportation requirements;
(7) Availability of funds;
(8) Environmental impacts;
(9) Security considerations;
(10) Utilities requirements;
(11) Required proximity to other Government or commercial
facilities;
(12) Availability of skilled labor; and
(13) Demographic considerations based on proposed use (e.g.,
public safety and sensitivity of programs).
(14) Decommissioning and decontamination requirements at project
completion.
d. Construction on land already owned by the Government is covered in
DOE 6430.1A, GENERAL DESIGN CRITERIA, of 4-6-89, and DOE 4700.1,
PROJECT MANAGEMENT SYSTEM, 3-6-87.
e. The real property aspects of construction projects shall be
coordinated among budgeting, accounting, engineering, technical,
legal, and real property staffs in the field elements for review
and concurrence.
f. If Government-owned lands and/or improvements are available that
meet the minimum programmatic needs, they must be utilized. After
determining that no property within DOE's jurisdiction is
available, the acquiring office must contact the GSA regional
office and local offices of other appropriate Federal agencies and
request information on excess or under utilized Government-owned
property. A determination should be made as to whether the
requirement can be satisfied by available Government-owned
property. Reasons for not using such property must be documented
in the project file.
g. General purpose office space to house Federal employees is outside
the lease acquisition authority of DOE under Public Law 95-91.
However, GSA has delegated authority to the Secretary to acquire
general purpose space outside designated metropolitan areas.
General purpose space within those metropolitan areas must be
requested through GSA unless authorized by specific legislation.
A more detailed discussion is included in Paragraph 7, "Leases."
h. If the space can be provided within the authority of DOE and is
temporary, such as to house people during a construction project,
then relocatable personal property, such as a trailer, should be
considered. In order for relocatable structures to qualify as
personal property, the following criteria must be met:
(1) It must be designed to be readily and economically moved,
erected, disassembled, stored, and reused.
(2) The completed structure must consist of no more than two
single-story units, both of which are transportable on the
public highways.
(3) The cost to disassemble and relocate the structure, including
repackaging, repair, and refurbishment of components, must
not exceed 20 percent of the structure's acquisition cost or
current replacement cost, whichever is greater. Acquisition
cost includes the cost of the building components, the cost
of delivery to the site, and the cost of assembly.
Acquisition cost does not include the cost of site
improvements, such as paving, foundations, landscaping, and
utilities, which are real property improvements that must be
acquired as such, even if they serve relocatable structures.
(4) Design must provide economical, complete disassembly, and
reassembly without substantial damage to the components.
(5) Where structures are connected (e.g., breezeways and
walkways), each structure is considered a separate structure
for purposes of paragraph 1h(2).
i. Any unit that does not meet the criteria in paragraph 1h, but
which the PSO or his/her designee believes should qualify as
personal property, must be submitted to the Chief, Real Property
Branch, and the Director of Property and Equipment Management, for
their review and necessary approval, prior to classification as
personal property.
j. When a determination is made that personal property will fill the
need, a comparison must be made of the total cost of lease versus
purchase to determine the method of acquisition, as is required by
DEAR 907.4 and FPMR 101-25.5.
2. ACQUISITION PLANNING.
a. The real property representative will ensure that a Preliminary
Real Estate Plan (PREP) is prepared containing those items listed
in paragraph 2e whenever there is a requirement to acquire
additional realty interest by:
(1) Fee purchase;
(2) Lease, if the term (including all options) is 5 years or
greater; and the total rent, including the cost of initial
alterations averaged over the term of the lease, exceeds
$500,000 per year;
(3) Any contract, which will result in construction of DOE-owned
property improvements on non-DOE land, which will be funded
as a line item construction project and where the estimated
cost of the project will exceed $5 million; and
(4) Transfer of excess Government-owned property from another
agency to DOE, or withdrawal of land from the public domain.
b. The PREP will serve as a decision document affecting all future
site selection activity. As such, it must be reviewed by all
affected personnel including program, budget, procurement, and
real property. Certified real property representatives may
exercise the real estate approval responsibility for PREPs, except
for PREPs of real estate actions, which are part of Major System
Acquisitions or Major Projects. In those cases, the PREP must be
reviewed and approved by the Chief, Real Property Branch.
c. The intent of the PREP is to assure general agreement on the
proper alternative early in the planning cycle. For line item
projects the PREP must be submitted at the same time as the
Conceptual Design Report. At the option of the preparing office,
the Plan may be a separate report or it may be included in the
Conceptual Design Report. If a separate report is prepared, it
may be submitted in advance of the Conceptual Design Report, if so
desired.
d. The PREPs that require Headquarters approval will be submitted to
the Chief, Real Property Branch, who will obtain the necessary
concurrences within Headquarters.
e. The PREP must include the following information:
(1) A brief description of the program or project;
(2) An analysis of all viable options and alternatives
considered, along with advantages and disadvantages of each;
and
(3) A recommended option, for which the following information
must be provided:
(a) Site and/or building size and probable site boundaries
(copy of plat, if available);
(b) Preferred area of consideration, with an area map; and
(c) Cost estimate for the recommended alternative.
(4) If a leasing action or fee acquisition requires a particular
or unique property, then pertinent information for that site
only will be required.
3. PURCHASE OF PROPERTY.
a. Site Selection. Once it is determined that purchase of private
land is the preferred option, specific appropriated funds to
acquire private land must be obtained. Planning should continue
while awaiting funding authority.
b. It is recognized that in some cases a site for a new facility may
be so closely associated with an existing site or facility, that
only one site can reasonably be considered. In such cases, a sole
source justification fully supporting that conclusion must be
prepared.
c. Where multiple sites will be considered, a site investigation team
should be formed to search for appropriate sites.
d. It should be noted that legislative authority, sufficient
appropriated funds, and appropriate authorization (see Chapter IX,
Delegation of Authority) are required before program personnel or
a contracting officer may commit the Government to a real property
action. Title to all real property purchased by DOE or by the
contractor for DOE on a fully reimbursable basis must vest in the
Government at the time of acquisition unless other action is
authorized by specific legislation.
e. The DOE site investigation teams should have three to five members
drawn from the local field element, the PSO for the requesting
program, and other Headquarters Elements, as appropriate. The
real estate representative from the acquiring office must be a
member of this team. The function of the team is fact finding and
advisory only. Preparing its recommendations, which will not be
made public, the team will take the following actions:
(1) Comply With Executive Order 12372, "Intergovernmental Review
of Federal Programs," by determining its applicability to the
specific real property action. Guidance on applicability and
implementing instructions are contained in 10 CFR 1005.
(2) Arrange for Public Notice.
(a) When a requirement for acquisition of
non-Government-owned real property is known, and
multiple sites will be considered, it should be
advertised to the public. Notice of this intent to
select and acquire a site should be given by paid
advertising in local newspapers. A copy of the notice
should be sent to any property owners known to be
interested. The advertisement shall contain the
following information:
1 Desired boundaries;
2 Amount and type of space needed;
3 Unique characteristics or requirements, if any;
4 Date space is required;
5 Planned schedule for acquisition and displacement
of property occupants, if any; and
6 Source where further information may be obtained.
(b) Competition must be solicited in all acquisitions except
in those cases where sole source can be justified. In
those cases, the file must be thoroughly documented and
any required approval obtained before proceeding.
(3) Contact Owners of any additional sites not offered in
response to the advertisement that are considered suitable to
meet DOE needs to determine their willingness to sell.
(4) Inspect Sites in the area, which are offered for sale and
appear to meet DOE requirements. Payment may be required to
gain entry (for testing or other information) in certain
cases; such payment is authorized. Owners of the property
will be given the chance to accompany the team during its
onsite investigation.
(5) Collect and Evaluate Information required to complete an
evaluation of the alternative sites. The level of detail for
backup data for preliminary site evaluation is a matter of
judgment. However, the file must contain full and complete
data that document the reasons for recommending a particular
site. It should also identify potential real property
acquisition problems that can take a long time to resolve.
These problems should be identified as early as possible so
that corrective action can be taken. Special assistance can
be requested from the Chief, Real Property Branch, to seek
solutions to acquisition problems.
(6) Select the Site. The site evaluation report should be
forwarded to the official making the selection. This
official will be named by the appropriate PSO or designee and
must not be a member of the site selection team.
f. Documentation. The data described below will be collected or
developed for all sites and evaluated in making the recommendation
for a specific site:
(1) Description of Real Property or Real Property Interests,
including a general description of each parcel of real
property being considered, total acreage, availability for
purchase, and possible method of acquisition.
(2) Environmental Requirements, including compliance with the
National Environmental Policy Act (NEPA) (Public Law 91-190),
the National Historic Preservation Act (Public Law 89-665),
the Endangered Species Act (PL 99-625), the Resource
Conservation and Recovery Act (Public Law 94-580), Floodplain
Management (Executive Order 11988), and Protection of
Wetlands (Executive Order 11900), and the Comprehensive
Environmental Response, Compensation and Liability Act (42
U.S. Code 9601 et seq.) as amended by the Superfund
Amendments and Reauthorization Act (Public Law 99-499), and
other applicable requirements identified in (d) below. These
should ordinarily be completed prior to the submission of any
real property action for review and/or approval. Information
on DOE's responsibilities under these requirements can be
obtained from:
(a) DOE Guidelines for Compliance with NEPA of 12-15-87 (52
FR 47662), as amended 3-27-89 (54 FR 12474) and 9-7-90
(55 FR 37174);
(b) DOE National Environmental Policy Act implementing
procedures (DOE NEPA Regulations), 10 CFR 1021, which
establish Departmental procedures for implementing the
procedural provisions of NEPA pursuant to the Council on
Environmental Quality regulations. These regulations
were published on 4-24-92 (57 FR 15122);
(c) DOE 5440.1D, NATIONAL ENVIRONMENTAL POLICY ACT
COMPLIANCE PROGRAM of 2-22-91;
(d) DOE 5400.1, GENERAL ENVIRONMENTAL PROTECTION PROGRAM, of
11-9-88;
(e) DOE 5400.4, COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION AND LIABILITY ACT REQUIREMENTS, OF 10-6-89;
(f) DOE Regulations for Compliance With Floodplain/Wetlands
Environmental Review Requirements (10 CFR 1022);
(g) The AD NEPA Compliance Officer, designated under DOE
5440.1D, whose responsibilities include assisting in the
planning and execution of AD's NEPA compliance
activities;
(h) The Office of NEPA Oversight (EH-25) for assistance in
compliance with NEPA; and
(i) The Office of Environmental Compliance (EH-22) for
assistance in compliance with related environmental
requirements.
(3) Toxic and Hazardous Substance Requirements in real property
acquisitions are serious items which must be addressed prior
to any commitments being made to acquire land and/or
improvements.
(a) The management of hazardous substances is addressed
under numerous Federal statutes, with a comprehensive
definition covering all statutes provided under Section
101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA). A complete
list of CERCLA hazardous substances can be found in 40
CFR 302.4.
(b) State and local regulations may also address management
of hazardous substances, or control the sale of property
containing or potentially containing toxic/hazardous
waste.
(c) Properties being considered for acquisition shall be
thoroughly investigated including onsite investigations
of land and buildings, review of previous occupancies
and records of local, state, and Federal regulatory
agencies, review of possible contamination from
adjoining properties and whatever other steps are
appropriate to assure that no contamination exists.
Personnel qualified in hazardous site investigations
should be used to assure that all potential
contamination is considered.
(d) The identification and assessment of such contaminants
as:
1 Friable asbestos
2 Equipment containing Polychlorinated Biphenyls
3 Underground storage tanks
4 Radioactive materials (including Radon)
5 Urea formaldehyde insulation
6 Pesticides
(e) If a site will be considered on which contamination
exists, special care must be exercised, particularly for
sites listed or having potential to be listed on the
CERCLA National Priorities List. Having the seller
conduct the site cleanup, in accordance with State and
Federal environmental requirements prior to purchase, is
the preferred solution. The following additional
actions should be taken prior to purchase:
1 Assure that the acquisition agreement contains
adequate language to protect DOE from liability;
2 Determine costs of site cleanup (if DOE will be
responsible);
3 Determine the length of time required for cleanup;
and
4 Coordinate with the State and Federal environmental
authorities.
5 Consult with the Deputy Assistant Secretary for
Environment (EH-20) and the Deputy General Counsel
for Environment, Conservation, and Legislation
(GC-10).
The followup required includes tasking qualified
personnel to monitor the cleanup, to assure compliance
and obtain the environmental agencies approval of the
work accomplished.
(f) Considerations of safety, health, and comfort shall be
included, taking into account applicable regulations and
standards such as those issued by the Occupational
Safety and Health Administration, National Fire
Protection Association, American Association of Heating,
Air-Conditioning and Refrigeration Engineers, and other
organizations as applicable.
(4) Seismic Standards. The degree of compliance with Executive
order 12699, dated January 4, 1990, will be described, to
ensure compliance with appropriate seismic design and
construction standards.
(5) Parcel Descriptions, including perimeter descriptions for use
in acquisition by purchase or condemnation. A perimeter or
tabular description of the total area will be based on
acceptable survey data. Parcel descriptions from the
available public records will be furnished for each separate
ownership.
(6) List of Owners of all parcels, including the owners of
easements and other rights, and their addresses.
(7) Estate(s) to be Acquired shall be shown for each parcel of
land. Certain interests, such as mineral rights, water
rights, and timber rights may be separated from the remaining
interests in real property. When this separation occurs, a
determination must be made whether acquisition of the
separate interest is required. If it is not required, it
will be excluded from the estate to be acquired. Whenever
real property or capital improvements are to be constructed
on the land, fee title must be acquired, unless Congress
authorizes another estate.
(8) Current Use, including present residential, industrial,
commercial, or agricultural uses, described in enough detail
so that reviewers will have a full understanding of the
present utilization of all parcels.
(9) Subsurface Rights.
(a) This should include information on any underground water
rights and on mining, oil, or gas activities within the
parcels proposed for acquisition, as well as in the
general area. This documentation should:
1 Identify minerals being removed, subsidence, the
period during which the mining operations have
taken place, possibility of termination of such
operations, and whether surface or subsurface
mining operations are conducted.
2 Provide an evaluation of the possibility of
minerals being developed, and if such development
would interfere with proposed DOE operations.
3 Identify mineral interests under separate ownership
and include the names and addresses of the owners.
(b) Information on mineral characteristics of lands and
mineral production may be obtained from the local
offices of the U.S. Geological Survey or the Bureau of
Mines. Comments and recommendations on the acquisition
of mineral interests or their exclusion will be made.
Recommendations will also be made on terms and
conditions under which the mineral rights may be
exercised if they are to be excluded, considering
security problems, likely exploration, and their effect
on DOE use of the land.
(10) Estimated Acquisition Costs for each alternative being
considered should be obtained by the real property
representative. The estimate should include both the costs
of acquiring the needed property and fees associated with
procuring information necessary to complete the transaction.
Specific items to be considered in preparing an acquisition
cost estimate include:
(a) Property-owner entitlements, which include property
value, loss in value to remaining lands, and relocation
benefits. Relocation benefits address relocation
housing payments, rent supplements, moving costs,
interest differential, and transfer costs.
(b) Acquisition services, including title information,
appraisal fees, legal closing costs, and possible
condemnation expenses.
(c) If leasing is being considered, a preliminary market
survey should be prepared to determine rental prices per
square foot of similar buildings in the area and a
description of lease terms currently being offered in
the market.
(d) This information should be developed only to the extent
necessary to aid selection of an alternative.
(11) Submerged Areas. Determine ownership of any submerged area
adjacent to high lands being considered, because ownership of
high lands does not always allow the right to construct, to
fill, or to deposit spoil in the abutting submerged areas.
(12) Taxes. Name and address of the taxing authority, amount of
the taxes paid during the preceding tax years, current
assessed value of the property to be acquired, and current
tax rate.
(13) Easements. Copies of, or information on, all existing
easements, licenses, leases, or other rights of third
parties, and a recommendation on extinguishment or
acquisition subject to each interest.
(14) Vicinity Map showing the location of the real property to be
acquired and its proximity to major highways, railroads,
rivers, airfields, and metropolitan areas. Any significant
features in its immediate and general vicinity, which might
affect its acquisition or its proposed use should be noted.
(15) Property Map showing:
(a) Exterior and parcel boundaries of the real property to
be acquired;
(b) General location of major improvements and structures;
(c) Siting of proposed DOE construction;
(d) Location of existing rights-of-way for roads, highways,
railways, utilities, and for other purposes;
(e) Proposed route of relocation of any of the existing
rights-of-way;
(f) Approximate location and direction of flow of natural
water courses; and
(g) Other pertinent information that may affect acquisition
or use of the real property.
(16) Relocation Assistance. Provide an estimate of the funds
needed to cover payments and services given to persons who
will be displaced as a result of the acquisition. Such
assistance must be provided according to Public Law 91-646
(84 Stat. 1894), Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, so that
disproportionate economic losses are not suffered by the
former occupant(s) as a result of the move. Relocation
assistance includes providing funds for moving and related
expenses, costs incurred in searching for another location,
and actual direct losses experienced as a result of the move.
In addition to monetary aid, Public Law 91-646 (84 Stat.
1894) also requires that advisory services be provided to
displaced persons.
g. Acquisition Assistance From Other Agencies. In areas where DOE
real property expertise is not available, the services of another
Government agency, such as GSA or the Corps of Engineers (USACE),
may be requested. If services from another agency are not
available, they may be contracted for. Requests for services from
USACE must come to the Chief, Real Property Branch, if the local
USACE office must obtain approval of the work from its
Headquarters. Prior Headquarters approval or coordination is not
required for informal contacts with other agencies, for assistance
from GSA and other Federal agencies for actions otherwise within
the authority of the field elements, or for assistance from USACE
that does not require the USACE Headquarters approval.
h. Decision. When the site evaluation report is completed and the
recommendation prepared, the entire package is presented to the
site selection official, who is named by the appropriate PSO or
designee and who must not be a member of the site selection team,
who then makes the decision (see page I-7, paragraph 3e(6)).
i. Acquiring Title. After a recommended site is selected for
acquisition by purchase, the acquiring office will proceed as
follows:
(1) Ownership Data for all property being acquired will be
verified and complete legal description for each parcel will
be obtained, if not already assembled, in the site evaluation
phase. Property boundaries must be identified before
contracts are entered into for appraisal, title evidence, and
survey. The identity of the property owner and the legal
description may be obtained from the local registry of deeds,
a title insurance company, land court, or tax assessor. If a
plat plan is not available in the legal description, the city
clerk or the tax assessor may be able to furnish one. Should
the area to be acquired consist of less than the total area
owned, a description of the area to be acquired must be
prepared based on and reconciled to the description of the
land as contained in the deed of record.
(2) Title Services. The need for the services of a title company
begins early in the fee acquisition process and continues
through to completion of the action.
(a) Requests for Title Services should be made to those
companies that are acceptable to the Department Of
Justice. These usually include the major title
companies. The local U.S. Attorney may assist by
identifying such companies. Another source is "The
Directory of the American Land Title Association,"
published by the Association at 1828 L Street, NW.,
Washington, DC 22036. Procurement of title evidence
should be done by contract.
(b) Preliminary Title Report should be obtained at the
earliest practical date and furnished to the appraiser
for information and use. This report must be prepared
in accordance with Department of Justice standards. It
should also be used by the negotiator in negotiations.
(c) Title Evidence. One of the following types of title
evidence will be obtained by the field element or
contractor:
1 Title Insurance Policy. A contract ensuring
interests acquired in property against all defects
in title; or
2 Certificate of Title. A contract in which a title
company certifies that title to a specific parcel
of land is good and unencumbered except for the
defects and encumbrances shown. This form of title
evidence is acceptable only when a title insurance
policy cannot be obtained.
(3) Appraisals are required for all acquisitions of interests in
real property. Detailed information on appraisal
requirements, choosing an appraiser, and obtaining an
appraisal is given in Chapter III, "Appraisals."
(4) Topographical and Boundary Survey is made to identify
individual parcels and land rights needed for the project
and, if necessary, to give the metes and bounds description.
A right of entry for survey and exploration must be obtained
if the surveyor is going to enter the land. The survey will
be accomplished so that the legal description contained in
the title evidence can be checked and verified. A
notification should be sent to the property owners that the
survey will be made.
(5) Making Offer to Owner. The owner of real property to be
acquired shall be furnished with a written statement of, and
summary of the basis for, the amount established by DOE as
just compensation. Where appropriate, the just compensation
for the real property acquired and for damages to remaining
real property shall be separately stated. An Offer to Sell
should accompany the Statement of Just Compensation.
(6) Negotiations are initiated with the property owner after
authority to acquire has been received. Prior to starting
negotiations with the property owner, the negotiator should
review the appraisal, title evidence, and preliminary title
opinion; become completely familiar with the Government
project and the property to be acquired; and be aware of what
curative title work may be needed. The negotiator should
also be fully knowledgeable of any information which might
have an effect on the property value, especially the presence
of tenants with or without lease. Negotiations should be
conducted in a businesslike and courteous manner. The
negotiator must not resort to coercion or threats of
condemnation and should fully explain the owner's right to
relocation assistance if such is necessary. The negotiator
should begin the negotiations by offering, in writing, the
amount established by the DOE as just compensation. If after
negotiations an agreement cannot be reached on an acceptable
price, condemnation action may be required. Acquisition by
condemnation is described in Chapter IV, "Condemnation."
(7) Required Elements for Negotiation are as follows:
(a) Negotiator's Report. A written report of negotiations
on each parcel must be prepared by the negotiator. The
report should be a chronological history of the
negotiations, factors considered in evaluating the
owner's offer, and justification for acceptance or
rejection of offer.
(b) Time Limits. Negotiations should be completed as
quickly as possible. As a general rule, three personal
negotiation sessions should produce an agreement to sell
or make it apparent that further efforts to negotiate
will serve no useful purpose.
(8) Acquisition from Members of Congress or DOE Employees. When
a member of Congress or an employee of DOE or its agent has a
direct interest in real property being acquired by DOE, the
tract must be acquired by condemnation.
(9) Options. Only options with no cost to DOE will be sought.
Contractors may not purchase options if the cost is to be
ultimately paid by DOE under the contract.
(10) Reservations in Contract to Sell. Reservations or exceptions
of crops, timber, or improvements, with the right to these
for a specified period of time, will be permitted if
determined to be in the best interest of the Government. The
reservation shall indicate that, should the reserved crops,
timber, or improvements not be removed within the period of
the reservation or any extension thereof granted by the
Government, title to such crops, timber, or improvements
shall vest in the Government.
(11) Subsurface Rights. In most acquisitions, it is necessary to
obtain all subsurface rights to minerals, coal, oil, or gas.
Under circumstances where these rights need not be
extinguished, provisions should be made in the offer and the
deed to subordinate such rights to protect DOE use. This may
be done by restricting these rights so that there will be no
interference with DOE operations on the property, and so that
they will not preclude later sale or other disposition of the
U.S. Government or DOE interest.
(12) Interim Occupancy. Under certain circumstances, depending on
when DOE needs the property, the owner(s) or tenant(s) may be
permitted to continue to occupy the property for a limited
time under a rental agreement. This should be determined
during negotiations and made a part of the formal settlement
package.
(13) Deed. The deed will be prepared in accordance with the
"Standards for the Preparation of Title Evidence in Land
Acquisition by the United States," issued by the Department
of Justice. These can be obtained from the Chief, Real
Property Branch, or from the Land and Natural Resources
Division, Department of Justice, Washington, DC 20530. Once
the deed is executed, it must be recorded in the local
jurisdiction or municipal offices so that the Government can
protect its title to the property.
(14) Preliminary Title Opinion. After an acceptable title
document has been received, it will be forwarded to the Land
and Natural Resources Division, Department of Justice, for
examinations and preliminary title opinion, as required under
section 355, Revised Statutes (40 U.S.C. 255, 33 U.S.C. 733,
and 50 U.S.C. 175), as amended by Public Law 91-393, approved
9-1-70 (84 Statute 835). A copy of the offer to sell from
the owner, if any, and a draft of the deed should accompany
the title evidence as part of the submittal to the Department
of Justice. No real property may be purchased or a permanent
easement acquired until the Department of Justice has
approved the title.
(15) Closing of fee acquisitions may be made by the contract firm
that prepared the title evidence if in-house capability is
not available. To the extent not otherwise obtainable
through use of title company escrow arrangements, proper
closing action when acquiring title in real property is the
responsibility of the closing attorney. If the expertise is
not available from the title company under contract or USACE,
assistance should be requested from the Chief, Real Property
Branch. When the closing attorney is satisfied that all
objections to the title are eliminated, the purchase price
will be paid to the property owner, and DOE will
simultaneously take possession of the property. All
instruments releasing liens or encumbrances will be recorded
with the clerk of the court or registrar of conveyances prior
to the deed being recorded.
(16) Preoccupancy Inspection. At the time of closing, that is,
the date that title passes to the United States, a DOE
employee must inspect the acquired property and prepare a
"Certificate of Inspection and Possession." A sample format
may be found in "A Procedural Guide for the Acquisition of
Real Property by Governmental Agencies," Land and Natural
Resources Division, Department of Justice, 1972.
(17) Final Title Opinion. A final title assembly shall be
submitted to the Attorney General as soon after closing as
possible. Information submitted with the request for
preliminary and final title opinions shall meet the
requirement of "A Procedural Guide for the Acquisition of
Real Property by Governmental Agencies."
(18) Recorded Disposition. The Attorney General's opinion on the
title and related documents, along with a copy of the deed,
will be made a part of the official property file at the
acquiring office. If persons or businesses are to be
relocated, the field organization should submit a report on
the relocation program to the Chief, Real Property Branch.
j. Condemnation. If the Government is unable to acquire the needed
property at a just and reasonable price through negotiation, as a
last resort, DOE may request the Department of Justice to condemn
the property. This is discussed in Chapter IV, "Condemnation."
k. Federal Legislative Jurisdiction. The DOE rarely seeks to obtain
legislative jurisdiction over real property which it acquires.
Decisions relating to DOE's obtaining or relinquishing Federal
legislative jurisdiction are the responsibility of the PSO or
designee in coordination with the local real estate representative
and counsel.
4. TRANSFER FROM ANOTHER GOVERNMENT AGENCY.
a. Authority. Section 202a of the Federal Property and
Administrative Services Act of 1949, as amended (40 U.S.C. 483),
authorizes GSA to provide for transfer of excess real estate among
Federal agencies. These transfers will be made according to the
Federal Property Management Regulations (FPMRs).
b. Notice of Availability. GSA regularly issues notices of
availability of excess property (known as screening).
c. Reimbursement. Current policy requires that an agency budget for
the property and pay the appraised fair market value to GSA before
accountability is transferred to the requesting agency.
d. Documentation. A request for excess Federal property should be
supported by:
(1) Complete information on the intended use of the property and
the justification for the transfer;
(2) Identity and location of the property with adequate
descriptions thereof, including copies of real estate maps of
the land areas and a vicinity map showing location of the
property in relation to the installation requesting it; and
(3) GSA Form 1334, "Request for Transfer of Excess Real Property
and Related Personal Property," fully completed for
transmittal to GSA. These forms can be obtained from the
nearest GSA store.
5. WITHDRAWAL OF PUBLIC DOMAIN LANDS.
a. Authority and Policy. The authority vested in the President to
withdraw and reserve public domain lands has been delegated to the
Secretary of the Interior. In accordance with Public Law 95-91
(91 Stat. 565, 42 U.S.C. 7101), DOE may request the Department of
the Interior to withdraw public domain land for DOE use. Only the
minimum area required is to be withdrawn and reserved for DOE use.
b. Procedures for withdrawal of public lands are as follows:
(1) The requirement for public lands is developed by the real
property representative in coordination with the program
office.
(2) An application for withdrawal of public land, following the
requirements in 43 CFR 2310, is submitted by the field
element to the appropriate Bureau of Land Management (BLM)
office. The application will contain a complete
justification for the withdrawal and will include information
regarding:
(a) Number of acres and location of the area involved,
including a detailed description of exterior boundaries
and a map outlining the boundaries of the area to be
withdrawn;
(b) Whether the use will result in contamination of the
area, and if so, an indication of the type of
contamination, the areas involved, and whether periodic
decontamination action is required;
(c) Length of time the area is required; and
(d) Use of water resources and whether the right to use
conforms to State laws and procedures.
(3) Before a withdrawal aggregating 5,000 acres or more can be
finalized, the Secretary of the Interior must notify both
Houses of Congress. Congress then has a minimum 90 days to
take no action or adopt a concurrent resolution stating that
it does not approve the withdrawal. (See Public Law 94-579
(90 Stat. 2743), Federal Land Policy and Management Act of
1976.)
(4) If prompt use of the land is needed, the application for
withdrawal will include a request to the BLM office to
expedite action.
(5) The field element will be responsible for presenting the DOE
position in any hearings held by the State director of the
BLM on a proposed withdrawal. Usually there will be no local
hearings on withdrawals that require legislation since
hearings before Congress are considered to be public
hearings.
(6) When approved by the Department of the Interior, a public
land order will be issued by that Department, withdrawing
and reserving the land for DOE use. This will be published
in the Federal Register. A copy of the land order and/or
items in the Federal Register will be made a part of the real
property file at the field element.
(7) Under Public Law 94-579 (90 Stat. 2743), Federal Land Policy
and Management Act of 1976, new withdrawals can be for a
maximum of 20 years, at which time the withdrawal must be
rejustified and reapproved by the Department of the Interior.
If a withdrawal is needed for more than 20 years,
congressional approval of the longer term is required.
Requirements for such justification have been furnished to
field elements. Additional information may be obtained from
the local office of the BLM.
(8) Withdrawals in effect as of 10-21-76, and not exempt, must be
rejustified and reapproved as required under section 204e of
Public Law 94-579 (90 Stat. 2743). Schedules for review have
been furnished by BLM. The respective field element should
contact the local BLM office at least 6 months prior to a
scheduled review to discuss the content of the required
report, including any environmental assessments or mineral
surveys.
6. EXCHANGES AND DONATIONS.
a. On rare occasions, real property is acquired by DOE through
exchange or donation. The acquisition procedures are the same as
for fee purchase.
b. For exchanges, programmatic justification is required. The
properties to be exchanged must be of approximately like values.
An agreement will be prepared that describes both the offered
property and the Government-owned property that are to be conveyed
and the monetary consideration to be paid by either party.
Appraisals must be obtained on all properties involved. Title
evidence, clearance and closing are required. The party conveying
property to the Government must be reimbursed for the full value
established in the approved appraisal unless a written waiver of
just compensation is furnished and included in the acquisition
file.
c. For donations, which must be accepted by the Secretary of Energy
or designee, an agreement will be entered into setting forth the
terms and conditions of the donation and conveyance to the United
States. An appraisal is required, and title clearance and
closing are processed in the same manner as a fee acquisition.
d. The requirements under paragraphs 3f(2) and (3) of this chapter
shall be addressed, as appropriate.
7. LEASES. When quantification of the program real property requirements
results in a decision that less than fee interest will best serve the
needs of the Government, then the alternative of leasing space should
be explored.
a. Types of Leases. A lease conveys the right to use property
belonging to another for a period of time in return for payment of
rent under terms set out in the lease agreement. Some of the
conditions of the lease are dictated by who signs the document.
All leased space must be acquired, designed, and occupied in a
manner which meets all legal and regulatory requirements. Those
requirements are detailed in the United States Department of
Energy Leasing Handbook dated June 1990. The most common leases
for DOE are signed by:
(1) DOE under Public Law 95-91 (91 Stat. 565), the DOE
Organization Act;
(2) A DOE contractor as authorized under the contract with DOE;
(3) A DOE contractor under its own corporate authority;
(4) GSA for space assigned for use by DOE; and
(5) DOE under a delegation of authority from GSA.
b. Leases Signed by DOE Under Public Law 95-91 (91 Stat. 565).
(1) Public Law 95-91 (92 Stat. 565) authorizes DOE to acquire by
lease, real property other than general purpose office space
necessary to accomplish its mission. Leases may be used to
acquire needed special purpose facilities and land.
(2) DOE may lease special purpose space for more than a year
provided that no-year funds are either obligated for the
entire amount of the firm term rent or the amount of the
cancellation payment, if one is provided, plus rent to the
date on which cancellation may be exercised. DOE 2200.5A,
FUND ACCOUNTING, of 12-31-91, accounts for obligations for
additional guidance regarding obligations criteria.
(3) GSA has delegated to DOE authority, which augments Public Law
95-91 (91 Stat. 565), and, which is further discussed in
Paragraph 7j.
c. Leases Signed by Contractors-General. When real property is
leased by a contractor to perform work for DOE, and the cost of
the lease rent is reimbursed under the DOE contract, acquisition
of the leasehold interest (a "covered" contractor lease) will
follow the procedures in this Order. There are two procedures for
covered contractor leases, depending on whether or not the
contractor has an approved leasing system. To obtain approval of
its leasing system, the contractor must have approval of the DOE
programmatic approving official (Operations Office Manager for the
eight operations offices, or PSO or designee for other field
offices), and by a Certified Realty Specialist (CRS). An approved
leasing system must include the following elements:
(1) Leases must be within dollar and square footage
authorizations prescribed by DOE;
(2) The contractor shall develop and use a standard lease
package, including terms and conditions approved by DOE;
(3) The lease requirement must be competed or the contractor's
sole source justification must be approved by DOE and
included in the contractor's lease file;
(4) Reasonableness of price must be demonstrated (via appraisal,
broker data, etc.);
(5) The contractor must maintain real property lease files that
reflect the process used to acquire the leased property and
that provide a good audit trail;
(6) The contractor shall utilize personnel who have been
appropriately trained for real property lease acquisition
actions; and
(7) The contractor shall plan lease actions for continuing
requirements so holdovers do not occur.
d. Contractor Leasing Procedure, Contractors with Approved Leasing
Systems. Once the CRS has approved a contractor's leasing system,
the CRS may approve square footages and allowances as described in
this paragraph so long as the total estimated annual rent based on
the allowance and estimated square footage does not exceed
$500,000 per annum. Where the projected annual rent would exceed
$500,000, the proposal, together with a CRS recommendation, must
be submitted to the Real Estate Team for Headquarters review and
approval. In either case, the procedures of this paragraph will
apply to the leasing action.
(1) The contractor may lease general purpose office space to
house contractor personnel. The contractor may not lease
general purpose office space to house DOE or other Government
personnel.
(2) No prospectus is required for contractor leases.
(3) Indemnity and/or hold harmless clauses are discouraged. When
market conditions dictate, such clauses may be used with
prior consent of DOE.
(4) All contractor lease agreements must be consistent with the
Chief Financial Officer's guidance on scoring of budget
authority for that agreement. The budget authority must be
scored in the first year of the contract for the entire firm
term of the lease. However, if there are cancellation
rights, then the budget authority must be scored for the
rental until cancellation rights can be exercised, plus any
cancellation penalties.
(5) Reimbursable contractor leases shall contain certain clauses,
terms, and conditions as approved by the cognizant DOE
contracting officer and CRS consistent with guidance provided
by the Real Estate Team.
(6) In acquisition of space, contractor leases are governed by
the same standards as those for Federal employees in the
following areas:
(a) The amount of square footage;
(b) Justification for above standard alterations; and
(c) Use of the proper appropriated funds.
(7) The space requirements must be reviewed and approved by the
CRS in the appropriate DOE office. The space requirements
must be well planned and adequately described to enable the
CRS to classify the space in accordance with the space types
used by GSA in their budgeting rental matrices.
(8) The requirements must be furnished to the CRS in adequate
time to allow for all necessary DOE reviews plus sufficient
time for the contractor to negotiate a lease meeting the
requirements of this Chapter. If the contractor does not
negotiate a lease within the approved DOE thresholds for
square footage and/or rental rate as discussed below in
paragraph 7d(10)(c), sufficient time must be allowed for DOE
review and approval of the entire lease package prior to the
contractor entering into any lease agreement.
(9) For the CRS to develop a predetermined rental allowance for
fully serviced, turnkey space (Allowance), the contractor
must provide anticipated terms and conditions that will
effect the Allowance for the lease. This will include, but
not be limited to, lease term and firm term, escalators if
any, buildout, renewal rights, and cancellation rights.
(10) The CRS will review and approve the square footage of space,
which may not be exceeded, and develop the Allowance. The
Allowance is to be developed as a composite annual square
foot rate (weighted average) for the total of all types of
space involved. The Allowance shall be developed in
accordance with paragraphs 7d(10)(a), (b) and (c).
(a) Initially use the GSA rental matrices for the Budget
Year of the budgeting cycle, which is generally provided
by GSA approximately 18 months before the Budget Year.
(b) Confirm or adjust the GSA data by one or more of the
following methods:
1 Contact the appropriate GSA regional office and
determine the accuracy of the matrix data;
2 Conduct a market survey;
3 Have an appraiser conduct a market survey or
prepare an appraisal establishing a range of rental
values;
4 Subscribe to real estate information services for
commercial office rental properties provided by
local and national real estate organizations; and
5 Any other reliable source of rental data not listed
above.
(c) The GSA rental rates are for fully serviced, turnkey
leases and may require adjustments for special space
requirements over and above commercial standards. Any
such special space requirements will require the
preparation of independent cost estimates. The
estimated cost of such requirements will be amortized
over the initial term of the lease. If there are
cancellation rights during the initial term of the
lease, a cancellation penalty clause may be included.
The cost of the special space requirements, amortized
over the initial term and estimated square footage of
space to be leased, is added to the initial annual
square foot rate developed in paragraph 7d(10)(b) to
adjust the Allowance.
(11) The method of measuring space must be the same in identifying
the square footage requirements and the development of the
annual square foot rent.
(12) The CRS must thoroughly document the files clearly showing
how the Allowance was established.
(13) Developing the Allowance for exercising a contractor priced
renewal option shall follow the same procedures as for the
initial lease term. The contractor will need to justify the
continuing need for the space. Then the CRS will develop
rental data for the subject market to determine the
reasonableness of the annual square foot rate for the renewal
option being evaluated. Unpriced options shall not be used.
If a priced option is not available a succeeding lease is
required.
(14) Justifications for space and Allowances are also necessary
for supplemental lease agreements for expansions, succeeding
leases, etc. Lease extensions are to be avoided.
(15) If the preapproved space requirements and/or Allowance are
not considered adequate by the contractor, the contractor
will have the following options:
(a) Apply to the CRS for revised allowances;
(b) Complete the negotiations and submit the lease package
for DOE review(s) and approval(s) for space and/or rent
outside the thresholds; or
(c) Assume all costs for space and rent over the approved
square footage and Allowance.
(16) If the contractor negotiates a total acquisition cost that is
equal to or below the Allowance and is in compliance with all
other requirements of this Order, no further DOE review(s) of
the lease package will be necessary. "Total Acquisition
cost" means the sum of all amounts necessary to provide fully
serviced, turnkey space plus any approved special
requirements.
(17) If the total acquisition cost exceeds the Allowance, the
lease package will require field office and perhaps
Headquarters review, depending on the annual rent. It will
be necessary for the lease package to contain all the
documentation required for a standard DOE lease review.
(18) Contractors that are found to be performing their leasing
activities unsatisfactorily are subject to being reverted to
procedures outlined in paragraph 7e and required to submit
their lease actions to DOE for pre-award review(s).
(19) In addition, the solicitation for space must include the
clause specified in paragraph 7g(6)(g) regarding energy
conservation and must meet the requirements of Paragraph 7k,
"Alterations to Leased Space After Initial Occupancy."
e. Contractor Leasing Procedures, Contractors without an Approved
Leasing System. When a contractor does not have an approved
leasing system, then the procedures of paragraphs 7d(1) through
(6), and paragraphs 7g(2) through (15), except paragraph
7g(13)(b), must be followed.
f. Emergency Contractor Leasing. If leased space is necessary to
house either new DOE contractors during the transition into new
contracts, or existing contractors with urgent and compelling
short term lease requirements, the requirements of paragraphs 7c,
d, e and g are waived except for the following:
(1) The space requirements must be approved by the appropriate
DOE official;
(2) The term of the lease shall not exceed 18 months;
(3) Competition must be sought; and
(4) Reasonableness of price shall be demonstrated as follows:
(a) If 10,000 square feet or less--appraisal of fair annual
rental, or a minimum of three current comparable lease
rentals, or a minimum of three documented competitive
offers.
(b) If over 10,000 square feet--appraisal of fair annual
rental.
(5) Initial and subsequent alterations may not exceed 25 per cent
of the annualized base rent without DOE approval.
(6) If leased space is determined to be the only option for the
contractor's long term space requirements, the contractor
shall have a lease agreement for the permanent space
requirements consummated within one year of the effective
date of their contract.
(7) If the emergency space will be replaced by leased space, the
solicitation for replacement space cannot include moving
costs as an award factor.
(8) The contractor may not lease general purpose office space to
house DOE or other governmental personnel.
g. Policies and Procedures. The policies and procedures of this
paragraph shall be followed by DOE in leasing real property. For
applicability to contractor leasing see paragraphs 7c, d, e, and
f. In cases where authority and funding have been obtained, the
acquiring office must follow the regulations set out by GSA in FPR
Temporary Regulation 68, 48 FR 12522, dated 3-25-83, as confirmed
in Federal Acquisition Circular 84-1, 49 FR 12972, dated 3-30-84.
Subsequent statutes and regulations such as the General Services
Administration Acquisition Regulation, Competition in Contracting
Act, repeal of Section 322 of the Economy Act, modified appraisal
requirements for small leases, etc., must be complied with as
appropriate. Some of the requirements are further explained in
ensuing paragraphs.
(1) Any lease for a public building, as defined in Section 13 of
the Public Buildings Act of 1959, with a net annual rent over
$1,650,000 is subject to the requirement that a prospectus be
submitted to GSA for obtaining approval of the appropriate
Committees of Congress prior to any commitment by the
Government. This is limited to GSA delegated lease actions.
It should be noted the prospectus threshold is subject to
adjustment annually based on changes to the Department of
Commerce Composite Index of Construction Costs. Contact your
GSA regional office for the latest threshold.
(2) "Termination for Convenience" is not a term properly used in
a lease. A clause that provides the Government or contractor
with the right to cancel the lease after a given time is a
cancellation clause. To enter into a lease with such a
clause, an amount equal to the full rent covering the period
up to the first possible date of cancellation and the amount
of the cancellation payment due on that date, if any, must be
specifically obligated or committed to the lease contract.
The total amount of the Government's liability for payment
under the terms of a lease must be committed at all times
during the term of that lease.
(3) Delineated Area. The area defined must be large enough to
provide adequate competition. In addition, FPMRs require
that preference be given to locations within the central
business district of the central city within a Standard
Metropolitan Statistical Area unless such a location is
incompatible with the DOE mission. Location outside the
central business district must be fully justified and
documented.
(4) Advertising. When a new requirement for leased real estate
is determined, it must be advertised to the public if the
space exceeds 10,000 square feet. Paid advertisements must
be placed in local newspapers. Competition must be obtained
except in those cases where absolute justification can be
documented for sole source acquisition of the required real
estate interest. Such documentation and finding must be
signed by the real property representative and/or other
designated officials, depending on established thresholds, in
the acquiring office. The public notice will include the
delineated area, amount and type of space needed, date space
is required, term of the lease (both firm and renewal
options), and the source where further information may be
obtained.
(5) Market Survey. After responses to the advertisements are
received, a market survey shall be conducted by a
representative of DOE or the contractor to inspect each
property offered and any others that are available and can
meet the Government's needs. The file must be carefully
documented for any properties rejected. The market survey
will set the posture for the balance of the leasing action.
Therefore, the individual representing DOE or the contractor
must have full knowledge of the requirements so that only
those properties that can meet the requirements are accepted.
(6) Solicitation for Offers.
(a) For leases of 10,000 square feet or more, a set of
minimum specifications will be prepared in the form of a
solicitation for offers. Requirements must be based on
performance and must include such items as required
levels of heat, light, and power; fire protection;
partitioning; any special equipment installation needed;
responsibility for utilities and janitorial services;
hours the building is open; parking needed; outside
maintenance such as snow removal or landscape
maintenance; and any factors to be considered in
evaluation, such as the required occupancy date or
proximity to another location, availability of eating
establishments, transportation and other facilities,
etc. Any special requirements associated with the space
need must be clearly identified.
(b) The solicitation for offers will be distributed to all
known offerors of space which have the potential to meet
the Government's requirements. Those offerors will then
be asked to submit a written offer to lease at a
specific rental. Offerors who do not respond should be
contacted and asked the reasons for nonresponse.
Information on the required contents of the solicitation
for offers will be found in the Leasing Handbook and GSA
Acquisition Regulation.
(c) The solicitation will require that the space to be
leased will be altered to DOE's specifications prior to
acceptance and that the cost will be amortized as part
of the rent. All maintenance, janitorial services, and
cost of utilities shall be the responsibility of the
lessor under the lease. In any case where there are
deviations from this paragraph, the file will be
documented with complete justification.
(d) The solicitation may include the requirement for renewal
options if justified by the program. If such options
are solicited, priced options shall be required, which
may or may not be a part of the award evaluation.
(e) Escalator clauses for operating costs may be used in
multiyear leases. The escalator should be based on the
Consumer Price Index (CPI) for Wage Earners and Clerical
Workers, U.S. City Average, All Items Figure, published
by the Bureau of Labor Statistics. Other forms of
escalation may be considered. However, the file must be
clearly documented explaining why the CPI was not used.
(f) Tax adjustment in multiyear leases shall be made in
accordance with a clause similar to the following.
(1) The Government shall pay additional rent for its
share of increases in real estate taxes over taxes
paid for the calendar year in which its lease
commences (base year). Payment will be in a lump
sum and become due on the first workday of the
month following the month in which paid tax
receipts for the base year and the current year are
presented, or the anniversary date of the lease,
whichever is later. The Government will be
responsible for payment only if the receipts are
submitted within 60 calendar days of the date the
tax payment is due. If no full tax assessment is
made during the calendar year in which the
Government lease commences, the base year will be
the first year of a full assessment.
(2) The Government's share of the tax increase will be
based on the ratio of the square feet occupied by
the Government to the total rentable square feet in
the building. If the Government's lease terminates
before the end of a calendar year, payment will be
based on the percentage of the year in which the
Government occupied space. The payment will not
include penalties for non-payment or delay in
payment. If there is any variance between the
assessed value of the Government's space and other
space in the building, the Government may adjust
the basis for determining its share of the tax
increase.
(3) The Government may contest the tax assessment by
initiating legal proceedings on behalf of the
Government and the lessor or the Government alone.
If the Government is precluded from taking legal
action, the lessor shall contest the assessment
upon reasonable notice by the Government. The
Government shall reimburse the lessor for all cost
and shall execute all documents required for the
legal proceedings. The lessor shall agree with the
accuracy of the documents. The Government shall
receive its share of any tax refund. If the
Government elects to contest the tax assessment,
payment of the adjusted rent shall become due on
the first workday of the month following conclusion
of the appeal proceedings.
(4) In the event of any decreases in real estate taxes
occurring during the term of occupancy under the
lease, the rental amount will be reduced
accordingly. The amount of any such reductions
will be determined in the same manner as increases
in rent provided under this clause.
(g) The solicitation must include a clause requiring the
successful offeror to meet the DOE Energy Conservation
Voluntary Performance Standards for Commercial
Buildings. The clause should essentially state, "Any
proposed new building must comply with 10 CFR Part 435,
Energy Conservation Voluntary Performance Standards for
Commercial and Multi-Family High Rise Residential
Buildings; Mandatory for New Federal Buildings. All
offers on existing buildings shall include retrofit of
building components to meet the standards of 10 CFR Part
435, where they are life cycle cost effective over the
firm term of the lease. Guidelines for determining the
life-cycle-cost effectiveness of retrofit in existing
buildings are found in 10 CFR Part 436." Questions
regarding these standards are to be addressed to the
Energy/Utilities Team, Office of Infrastructure Support
Services, for guidance and assistance.
(7) Negotiations. Negotiations will be conducted with all
offerors to clarify any remaining issues, attempt to make all
offers responsive to the solicitation for offers, and attempt
to negotiate the rentals offered as low as is economically
reasonable. Award must be made to the responsible offeror
with the lowest price. If factors other than price are to be
considered in the award of a lease contract, then those award
factors must be stated in the solicitation or they may not be
used. Award factors requiring subjective evaluation are not
to be used since they are a major source of protests.
Objective award factors to which dollar values can be
assigned and supported are preferred. All offers must be
evaluated using the same criteria and must be reviewed for
responsiveness to all requirements of the solicitation. A
record of negotiations with reasons for rejecting offers and
giving details of discussions with each offeror must be
prepared and placed in the lease file prior to award of a
lease.
(8) Cancellation Clause. Leases may contain a clause that
requires payment for early cancellation only if, at the time
the lease is signed, DOE obligates sufficient no-year funds
to pay the total liability. (Also, see paragraph 7b(2).)
(9) Lease Extensions. Lease extensions will be avoided wherever
possible. Succeeding leases will be used instead, providing
the opportunity for update to current Government lease
acquisition statutes, regulations and policy.
(10) Appraisal. After offers are received, negotiations
completed, and the low responsive offer is identified, an
appraisal is obtained to determine the fair rental value.
Full appraisals are required for leases in excess of 10,000
square feet and may be obtained for smaller leases, if
desired. A format similar to the GSA Form 1241E, "In-Lease
Appraisal" should be used for leases that are for less than
10,000 square feet. However, a complete discussion of the
adjustment of comparables to the subject will be included, as
well as maps, photographs and other details adequate for a
reviewer to fully understand the appraisal conclusions. The
lease files shall contain an appraisal review document to
verify compliance with paragraph 2d of Chapter III hereunder.
(11) Fair Annual Rental Value. The Government or the contractor
must negotiate the lowest possible economic rent. It is
general DOE practice, in real estate acquisition, not to
exceed the approved appraisal by more than 15 percent. No
lease rental may exceed the approved appraisal by more than
15 percent without the prior review and approval of the
Chief, Real Property Branch. In any lease action where the
appraised fair rental value is exceeded, the file must be
documented to show that vigorous negotiations were conducted
prior to acceptance of a rental or before submittal to
Headquarters for approval.
(12) Award.
(a) If the rent falls within the required limits, the real
estate specialist in the acquiring office will approve
the documents and the lease may be awarded. At the time
of award, other offerors are to be advised in writing
that an award has been made. However, if the lease is
for 10,000 square feet or more, written approval of the
real property representative and of his/her supervisor
are required.
(b) The award is made by sending a letter of acceptance from
the contracting officer to the successful offeror,
together with the Standard Form 2 or contractor modified
version of the Lease for Real Property, "Mandatory and
Recommended Clauses" as discussed in paragraph 7d(5)
above, GSA Form 3518, "Representations and
Certifications, the solicitation, and any additional
paragraphs that have been negotiated.
(c) The lease must have a date of occupancy at the time of
award; and, while the contract is binding as of the date
of award, rent does not begin until the effective date
of the lease, which is the date the space is completed
and ready for occupancy by the Government or its
contractors. If the occupancy date changes, and the
change is approved by the Government or contractor, then
a supplemental agreement shall be executed. The lease
is unsigned by the Government when it is mailed to the
offeror, and is signed and dated only after it is
returned. Care must be taken to assure that the lease
is properly signed, witnessed, and dated by the lessor,
or duly authorized representative, and by a Government
contracting officer acting within proper limits of
his/her authority.
(d) The lease will be prepared in an original and three
copies, with the original retained by the acquiring
office, an executed copy to the lessor, and a copy to
the appropriate Departmental finance office.
(13) Inspection.
(a) Prior to acceptance and occupancy of the facility by the
Government, representatives of both the lessor and DOE
shall inspect the property and determine that it meets
the terms of the lease. An inspection report shall be
made setting out the results of the inspection.
(b) Inspections are also encouraged during the term of the
lease to ascertain compliance with the terms and
conditions of the lease. It is important that the
condition reports be adequate and accurate so that they
may serve as a reliable measure of any change in the
condition of the property. They should be signed by
both parties.
(c) Similarly, an inspection of the property must also be
conducted upon termination of the lease. The final
condition report, when compared with the initial
reports, will serve to determine any restoration
obligation under the lease.
(14) Modification to Lease. Lease renewal options or justified
extensions with annual rentals exceeding $500,000 will be
submitted to the Chief, Real Property Branch. In addition,
amendments and modifications must be submitted for the
approval of the Chief, Real Property Branch, when:
(a) The amendment increases the space and/or the rent so
that the sum of rent in the basic lease and all
amendments exceed $500,000 per annum.
(b) The modification to the terms of the lease is a
deviation from the provisions of this Order or a
deviation from any of the regulations applicable to
Government leasing, whether or not such regulation is
referenced in this Order.
(15) Condemnation. If a leasehold interest cannot be acquired
through negotiations, condemnation action may be considered
but will be approved only in those instances where there is
no alternative. Any proposal to condemn a leasehold interest
will be undertaken in accordance with the procedures outlined
in Chapter IV, "Condemnation."
(16) Quasi-Real Property Actions. Some real property requirements
may be more efficiently acquired by a service or supply
contract without jeopardizing DOE legally or financially.
Those considered appropriate for inclusion in this Order and
the conditions relating to each are as follows:
(a) Apartments for personnel on travel status.
1 Contract term shall be less than a year;
2 Volume of use by travelers and cost of occupancy
shall justify this arrangement by cost comparison
to standard travel lodging facilities; and
3 The acquisition must be competed.
(b) Commercial storage units not including warehouses.
1 Contract term shall be less than a year; and
2 The acquisition must be competed.
h. Leases Signed by a Contractor at No Risk to the Government.
(1) A DOE contractor may enter into a lease for a period beyond
that of the fiscal year, or the period of the DOE contract,
as long as DOE is not identified as being liable for any of
the lease costs, in case of a termination of the contract,
and the lease costs are recovered through an indirect expense
pool. The contract must contain a clause which expressly
states that the terms of the leases and all associated costs
are the sole responsibility of the contractor or the
contractor and/or the contractor's corporate Headquarters, as
appropriate. The lease between the lessor and the contractor
must not in any manner or form identify DOE as a potential
correspondent who may be liable for any lease payments or any
other associated costs not paid by the contractor. As a
matter of policy, nothing in the lease shall bind or purport
to bind the Government to the lease.
(2) Allowable costs for the lease will be in accordance with
Federal Acquisition Regulation 31.205-36, Rental Costs.
i. Leases Signed by GSA for DOE Space.
(1) When general purpose office space is required to house DOE
employees, or a mix of DOE and contractor employees, the
requirements should be quantified as for any other space
need. The package containing a justification for the space
requested, the delineated area, date the space is required,
the completed Standard Form 81, "Request for Space," and
Standard Form 81A, "Space Requirements Worksheet," and a
complete listing of special requirements is to be submitted
to the Director of Real Estate in the appropriate GSA
Regional Office. The standard forms can be obtained at the
nearest GSA store.
(2) Any space request to be submitted to GSA, which does not
comply with Federal office space utilization policy, shall be
submitted to the Chief, Real Property Branch, for review and
approval. The submittal must fully justify the need to
exceed the established guidelines. Headquarters will forward
the space request to the appropriate GSA regional office
after review and approval.
(3) After GSA has advertised the space requirement, the acquiring
office must be invited to accompany GSA personnel on the
market survey, and GSA may issue solicitations only to
offerors jointly agreed to by GSA and DOE. Once DOE agrees
to issue the solicitation to a potential offeror, DOE has
agreed to accept that space if it is the lowest responsive
offer.
(4) GSA must obtain DOE approval of the solicitation for offers
before it is distributed. The copy is submitted for review
and approval to the requesting office by GSA. Once the
solicitation is approved by DOE, it binds DOE to accept any
space that meets the requirements set out. Therefore, the
solicitation must be promptly and carefully reviewed to
assure that all of the requirements are included and properly
stated and that DOE review time does not delay GSA's schedule
to permit timely acquisition of the space. If there is a
dispute, the Chief, Real Property Branch, should be advised
immediately.
(5) There are few valid grounds for objecting to the issuance, if
the space is within the delineated area and the offeror can
reasonably be expected to alter or renovate the space to meet
the minimum requirements at an economic rent by the required
date.
(6) Once a lease is awarded, GSA must work with the acquiring
agency to obtain a layout of the space acceptable to the
needs of DOE. Again, DOE must make certain that delays on
its part do not prevent GSA from taking action to acquire the
space by the time it is needed.
j. Leasing of Space Under GSA Delegated Authority. When space is
leased under a delegation of authority from GSA, DOE may enter
into a long-term lease, as specified in the delegation, without
obligating funds beyond the current year liability.
(1) A GSA delegation may be for a one-time specific space
requirement or a generic delegation for certain classes of
space needs.
(2) By Delegation of Lease Acquisition Authority (Delegation),
dated July 16, 1987, GSA granted to DOE long-term leasing
authority. The authority is based on criteria as set forth
in the Delegation and Memorandum of Understanding (MOU)
included as Attachment I-1, "GSA Lease Delegation Documents."
(a) The DOE leasing authority under Public Law 95-91 (91
Stat. 565) is augmented by the delegation to permit
leasing of special purpose space for up to 20-years
firm, while committing annual obligation of funds.
(b) The delegation expands DOE leasing authority to general
purpose space in communities meeting specific criteria,
as set forth in the Delegation and MOU, for up to
5-years firm.
k. Alterations to Leased Space After Initial Occupancy.
(1) Alterations to leased space may be accomplished after initial
occupancy of the premises. Alterations must be fully
justified as to need and cost. Regardless of whether the
alterations are performed by the lessor or the tenant, an
attempt shall be made to obtain a waiver of restoration from
the lessor (as well as an agreement to maintain the
alterations if the lessor is performing the work). The real
estate file must contain a record of all alterations.
(2) Payment for alterations performed by the lessor subsequent to
initial occupancy and not included in the original rental
rate may be accomplished by amortizing the cost over the
remaining firm term of the lease or by lump sum payment. In
either case, it is generally preferred for the improvements
to remain the property of the lessor. This limits potential
liabilities of the lessee arising from the alterations.
Alterations by the lessor shall be accomplished by
supplemental agreement to the lease.
(3) Alterations may be made by the lessee in which case ownership
should be retained by the lessee. Alterations by the lessee
are discouraged because of potential liabilities arising from
alteration to the real property of a third party. When such
alterations must be performed by the lessee, every reasonable
attempt should be made to obtain the right to abandon the
alterations in place in lieu of the obligation to remove and
restore.
(4) CRSs in the field of leasing are authorized to approve
alterations to leased space, subject to all other normal
approvals for real estate transactions, up to $500,000 per
alteration project. Projects exceeding this threshold must
be referred to the Office of Infrastructure Support Services
for review and approval.
(5) Alterations to contractor leased space must be reviewed by a
CRS in the field of leasing whenever the cost of an
alteration project exceeds $25,000.
8. ACQUISITION OF OTHER INTERESTS.
a. Easements.
(1) Permanent easements are used to acquire lineal rights-of-way
for such uses as roads, railroads, pipelines, and utilities,
or to restrict the use of another's property by acquiring
specific rights in that property. When an easement is the
appropriate estate and permanent improvements will be made by
the Government, permanent rather than temporary easements
must be used.
(2) Temporary easements are sought to gain short-term or one-time
access to a property or right-of-way across it; for example,
for hauling material during a project construction phase, or
to do nondestructive testing. If the cost of a temporary
easement exceeds $10,000, an appraisal supporting that cost
is required. The acquiring office may obtain an appraisal if
the cost is less than $10,000; but in any event the file must
be documented to demonstrate that the cost agreed to is fair
and reasonable.
(3) Procedures. Permanent easements must be sought at no less
than the appraised fair market value. When it is necessary
to purchase an easement, the field element will follow
procedures for purchase of property found in paragraph 3.
The acquisition of easements may be required for
rights-of-way for access roads and utility lines that cross
or encroach on the rights-of-way or property of railroad
companies, public utility companies, cities, counties, and
States. In this case, an easement from the owner of the
underlying fee is required and an agreement from the user
must be obtained equal in duration to the life of the
easement. If the licensor demands payment of more than the
appraised value of the right to be acquired, or if the
licensor is not vested with authority to grant the needed
easement rights, consideration will be given to the
acquisition of a permanent easement by condemnation.
b. Licenses and Permits.
(1) DOE is authorized to acquire temporary use of real property
by license or permit in accordance with Public Law 95-91 (91
Stat. 565) and the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 471). This type
of interest will be obtained when the proposed use is of a
temporary nature. No permanent construction will be placed
on land where the Government has only a temporary interest.
Since licenses or permits contain no warranty of title, it
must be determined prior to making use of property that the
owner has sufficient interest in the property to grant
temporary use. Licenses and permits will be reviewed by
legal counsel as to legal sufficiency prior to execution.
The terms "license" and "permit" are identical and
interchangeable. Usually, the term "permit" applies only
when one Government agency grants the use of its property to
another Government agency. Contractors may acquire temporary
use of property under license or permit if the use is
required to fulfill contract commitments and the action has
been authorized by the appropriate field element.
(2) A written notice to the owner will be made when the temporary
interest is no longer required. A joint inspection shall be
made with the property owner or the designated agent
sufficiently in advance of the end of the use period to allow
restoration within the use period, thus avoiding a claim for
added rental compensation. This should be done even though
the time period of the Government interest is contained in
the executed instrument.
c. Use of Real Property Accepted as a Gift. Real property, accepted
as a gift under section 652 of the DOE Act, 42 U.S.C. 7262, or its
proceeds, must "be used as nearly as possible in accordance with
the terms of the gift, bequeath, or devise."
d. Improvements to Non-Government-Owned Property.
(1) Under decisions of the Comptroller General, the Government is
generally precluded as a matter of policy from using
appropriated funds to make improvements to
non-Government-owned property.
(2) In addition, the Comptroller General has established as
governmental policy that, in general, permanent improvements
may not be made to non-Government-owned land.
(3) The Comptroller General has tended to look at this issue on a
case-by-case basis. In certain cases, the Comptroller
General has concurred in exceptions to this policy. The
basic premise on which the Comptroller General has allowed
exceptions to the policy against permanent improvements to
private property is whether the Government's interests in the
overall project are adequately protected with respect to such
improvements. In making such a determination, the
Comptroller General has established the following general
criteria that must be addressed in order to allow the use of
Federal funds for such improvements: (a) the expenses of the
improvements are nominal in comparison with the total price
of the contract; (b) the improvements are incidental and
essential for the accomplishment of the authorized purpose of
the appropriation; and (c) improvements are used for the
principal benefit of the Government (46 Comp. Gen. 26, 27,
(1966); 42 Comp. Gen. 480 (1963)).
(4) It must be emphasized that it is exceptional to permit
permanent improvements to non-Government-owned real property.
Requests for approval must be submitted to the Chief, Real
Property Branch, before any such action is taken.
GSA LEASE DELEGATION DOCUMENTS
1. Delegation of Lease Acquisition Authority
2. Memorandum of Understanding
3. Headquarters Implementing Memorandum
DELEGATION OF LEASE ACQUISITION AUTHORITY
Pursuant to the authority vested in me by the Federal Property and
Administrative Services Act of 1949, 63 Stat. 377, as amended, lease
acquisition authority is hereby delegated to the Secretary of Energy. This
delegation shall extend to the leasing of space under the authority of
Section 210(h)(1) of the above-cited Act, for terms not to exceed 5 years,
for general purpose office space. Additionally, authority is hereby
delegated to the Secretary to enter into lease contracts for terms not to
exceed 20 years for special purpose space to augment existing Department of
Energy (DOE) statutory authority.
This authority is subject to the following conditions:
1. The authority to lease can be redelegated only to
officers, officials, and employees of DOE who have
been adequately trained as or lease contracting
officers.
2. DOE will make every reasonable effort to utilize
all leased locations in accordance with Federal
property Management Temporary Regulation D-73,
effective February 11, 1987.
3. The general purpose leasing authority is applicable
only in geographic areas where the General Services
Administration (GSA) controls less than 250,000
square feet of space. The special purpose multiyear
authority referenced above is without geographic
limitations.
4. Prior to undertaking any leasing actions for new
acquisitions, renewal options, or succeeding leases,
DOE must verify, with the appropriate GSA Assistant
Regional Administrator, Public Buildings Service,
that no suitable vacant Government-controlled space
is available nor any planned consolidations of
Federal agencies in the community.
5. Within 90 days after execution of each lease pursuant
to this delegation, DOE will provide the Office of
Governmentwide Real Property Policy and Oversight the
following information: name and address of the leased
building, total square footage leased, utilization
rate of office space leased, annual rental, estimated
cost of services or utilities to be paid separately by
the Government (if any), and the term of the lease,
including any cancellation or renewal rights.
The authority granted herein shall be exercised in accordance with the
requirements and limitations of the above-cited Act and other applicable
statutes and regulations, including the General Services Administration
Acquisition Regulation, as amended, to include the Competition in
Contracting Act.
_______________________________________ July 16, 1987
Administrator Date
Memorandum of Understanding
General Services Administration
and the Department of Energy
The purpose of this memorandum is to establish procedures for
implementation of the delegation of leasing authority from the Administrator
of General Services Administration (GSA), under which the Department of
Energy (DOE) has assumed responsibility for the leasing of general purpose
office space in geographic areas where GSA controls less than 250,000 square
feet of space; and multiyear leasing authority for special purpose space to
augment DOE's statutory authority. The delegation, Enclosure 1, provides
authority for firm term leases up to 5 years for general purpose office
space and not to exceed 20 years for special purpose space.
One of GSA's primary concerns in granting the delegation of leasing
authority was to effect mare efficient utilization of Federal personnel and
administrative costs devoted to providing Federally-owned and leased space
for various Federal agencies. It is, therefore, intended that full
responsibility for all cited lease actions be assumed by DOE. It is the
mutual desire of GSA and DOE that availability of Federally-controlled space
be considered for DOE offices and, therefore, pursuant to section 101-17.102
of the Federal Property Management Regulations (FPMR), Temporary Regulation
D-73, DOE will continue to make space needs known to GSA's regional offices,
and shall document their file if space is not available.
1. DOE activities shall continue to qualify for use of space in Federal
buildings administered by GSA, whenever feasible, according to the
following criteria:
a. Present DOE space assignments in Federal buildings are not
terminated by the delegation of leasing authority, nor may DOE
lease replacement space for any assignment currently housed in a
Federally-controlled building without obtaining the prior approval
of the appropriate Assistant Regional Administrator for Public
Buildings Service. All space relinquishments by DOE must be in
accordance with FPMR requirements.
b. Requests for future space requirements in Federal buildings will
be honored in parity with all other Federal space requests.
c. Present and future space assignments in Federal buildings will be
subject to rent as provided by P.L. 92-313, and as implemented by
the FPMR's. In addition, DOE assignments in GSA space may be
subject to actual expenses as noted in FPMR D-73, section
101-17.302.
2. All existing single tenant GSA leases for the DOE locations noted in
Enclosure 2, together with all correspondence and supporting
documentation, will be transferred from the GSA region to the
appropriate DOE office on or before September 1, 1989. GSA leases,
which include space for other Federal activities as well as DOE, will
not be transferred but will continue to be administered by GSA.
3. All outstanding requests for leased space outside of the GSA controlled
areas, will be returned by the GSA regions to the appropriate DOE
office except those cases in which a GSA region has in hand a signed
lease instrument executed by a prospective lessor as a result of
completed negotiations. In such cases, the region will proceed to
obtain necessary GSA clearance. The lease contract, however, will be
executed on behalf of the Government by the DOE contracting officer.
Upon completion, all correspondence and supporting documentation will
be promptly transferred to the appropriate DOE office.
4. Prior to undertaking any leasing action for new acquisitions, renewal
options, or succeeding leases, DOE must advise the appropriate
Assistant Regional Administrator for Public Buildings Service by
providing the square footage, location, and special requirements of the
space to be leased. DOE may proceed with leasing actions 10 working
days after the appropriate regional official has been advised,
providing the official determines that no suitable
Government-controlled space is available nor are any consolidations
planned for Federal agencies in the community where the lease action is
to occur. If no such information has been provided to DOE, DOE may
proceed to complete the leasing action. The Commissioner of the Public
Buildings Service will be the deciding official in all matters of
contention arising between the regional GSA offices and the DOE offices
in regard to lease actions under this delegation.
5. Leases with overage net annual rentals of $1,500,000, including all
known costs to provide fully serviced, occupiable space, will require
submission to the Office of Management and Budget (OMB) and to the
House Committee on Public Works and Transportation (HCPWT) for
consideration prior to award. DOE is responsible for preparing the
prospectus proposal package and forwarding it to the appropriate
regional office of GSA for submission to the GSA central office, OMB
and the HCPWT.
_______________________________ _____________________________
Administrator (Acting) Assistant Secretary
General Services Administration Management and Administration
United States Government Department of Energy
------------------------------------------------------------------------
MEMORANDUM
DATE: MAR 28, 1990
REPLY TO
ATTN OF: MA-202.31
SUBJECT: General Services Administration Delegation of Lease Acquisition
Authority
TO: Distribution
The final documentation implementing the delegation of lease acquisition
authority from the General Services Administration (GSA) has been signed by
the Department of Energy (DOE) and GSA. The delegation allows DOE to lease
general purpose office and storage space, for a maximum term of 5 years,
outside of metropolitan areas where GSA controls at least 250,000 square
feet of space. In addition, GSA has delegated its multiyear leasing
authority to DOE for acquisition of special purpose space for periods up to
20 years. This allows multiyear, firm-term leases while obligating only the
current year's rental obligation.
Recognizing that many offices have limited resources trained in real estate
leasing, this office has put into place an interim procedure for
implementing the GSA delegation. Headquarters and three field offices
currently having staff that meet the GSA qualifications are agreeable,
subject to workload demands, to assist in acquiring leased space under the
delegation. The office receiving the assistance will be expected to fund
all travel costs of the "assistance team" as well as providing logistical
support throughout the lease action.
While this assistance team is available, offices which desire to utilize the
delegation are encouraged to request redelegation from the Director of
Administration. To obtain a redelegation, consistent with the intent of the
GSA delegation to DOE, the requesting office must have on staff a trained
realty specialist with adequate experience in lease acquisition to assure
compliance with GSA regulations, DOE policies, and good real estate
practices.
In addition, the office must establish a review and concurrence process,
which will review the proposal for compliance with generally accepted
principles of Government contracting. It should be stressed that this is a
concurrence review, not an approval. As such, the field office manager, or
his/her designee, may determine disposition of comments, which cannot be
resolved between the realty specialist and the reviewer. Finally, as
provided in the GSA delegation, there must he a contracting officer who has
completed the designated courses for executing real estate contracts. The
contracting officer could be the realty specialist, the reviewer, or a third
party. Because real estate leasing is outside the DOE procurement line of
authority, it need not be a warranted DOE contracting officer.
Any office requesting redelegation should submit their plan for
implementation, including identification and qualifications of the
individuals who will perform the functions identified, to the Real Property
Branch for review. Upon review of the plan, the Real Property Branch will
communicate with the requesting office, identifying any areas needing
clarification. Delegation will be by letter from the Director of
Administration. That letter will include any conditions or limitations on
the delegation.
Delegations which would utilize the Headquarters assistance team for a
portion of the functions (realty specialist, reviewer, contracting officer)
will be considered. It is our intention to remain as flexible as possible
to meet field needs.
Copies of the Delegation of Lease Acquisition Authority and Memorandum of
Understanding outlining the conditions of the delegation are attached. Your
offices should contact the appropriate GSA office in your area to obtain
copies of the current General Services Administration Acquisition
Regulation. Part 570 outlines leasing requirements. Section
501.603-70(h)(1)(vi) provides current training requirements for real estate
leasing contracting officers.
If there are questions regarding this memorandum, or if we can be of further
assistance, please contact Roger Arola at FTS 895-3503 or locally at
566-3503.
Charles R. Tierney
Director of Administration
Attachments
CHAPTER II
DISPOSAL OF REAL AND RELATED PERSONAL PROPERTY
1. DISPOSAL OF UNITED STATES-OWNED LAND AND/OR IMPROVEMENTS.
a. Real property holdings of DOE and its contractors must be limited
to the minimum required to accomplish assigned missions. Real
property is excess when it is not needed to fulfill current
requirements and DOE has no need for it in the foreseeable future.
b. The Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471), provides that each Federal agency will
report excess real property under its control, except in foreign
countries, to GSA. Supervision and direction of disposal of
surplus real property, except in foreign countries, are the
responsibility of GSA. Unless authorized by a specific act of
Congress, all disposal of real property will be made under the
authority of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 471), and implementing regulations
issued by GSA.
c. The DOE has limited authority to dispose of real and related
personal property. These specific statutory authorities are
discussed later in this Chapter. All other real and related
personal property must be disposed of through GSA or in
conformance with regulations issued by GSA.
d. Real property utilization surveys are required by Executive Order
12512 and FPMR 101-47.2, respectively. The intent of the surveys
is to identify real property that can be declared excess and
reported for disposal. The Executive order surveys apply to all
DOE sites except those sites consisting exclusively of land
withdrawn from the public domain. The Executive order surveys are
conducted on a 5-year cycle. Those surveys are to be actual,
onsite inspections of land and improvements. It is DOE policy to
conform to the survey report format prescribed by GSA. DOE
Headquarters will attempt to keep field elements informed of
changes by GSA in the format.
e. Annual reviews required by FPMR 101-47.802 must be made by all
Federal agencies on their real property holdings, including leased
properties (see Attachment II-1, "Annual Reviews"). Initial
reviews should be based on onsite inspections. Subsequent reviews
can be desk reviews rather than actual, onsite inspections. The
report summarizing the survey findings should be kept on file and
available for review in the field office.
f. When the PSO or designee makes a determination that certain real
and related personal property are no longer required by a program,
the appropriate real property representative will prepare a
memorandum stating that the property is excess to the program
needs, together with a completed Standard Form 118, "Report of
Excess Real Property," (SF 118) giving the recommended method of
removing the property from DOE accountability. All appropriate
local concurrences (such as counsel, environmental, etc.) must be
obtained. The memorandum must be approved in writing locally or
by Headquarters if the action exceeds the field element's
authority. The field element will either screen the property to
determine if it is excess to the needs of the entire Department or
request the Chief, Real Property Branch, to conduct such
screening. If Headquarters approval of the disposal action is not
required, the field element would report the property to GSA for
disposal. Documentation to be submitted to GSA is identified in
CFR 101-47.2.
g. For disposals that include both Government-owned land and
improvements, the memorandum should address the following items:
(1) Summary of the affected site and DOE mission and reasons why
this property is no longer required in support of the
mission;
(2) General description, location, size, acquisition cost, nature
of real estate interest proposed for disposal, brief history,
effects upon severance, mineral and other rights, impact upon
the natural resource conservation program of the
installation, existence of facilities of cultural or
historical significance as defined by 36 CFR 800, and any
other relevant information, which explains the proposed
disposal action;
(3) A brief discussion of the environmental and economic impact
of the proposed disposal action, with a summary of the
environmental requirements, need to comply with environmental
laws and regulations (see paragraph 3f(2) of Chapter I;
(4) Number of personnel affected;
(5) Detailed estimate of one-time closing and other costs and of
recurring annual savings, including a breakdown of
operational and maintenance cost savings;
(6) Disposition of, and impact upon, tenants of the installation;
(7) Justification for portions of the installation proposed for
retention, if any;
(8) Nature of existing outgrants, permits, or permitted temporary
uses;
(9) Any recent appraisal reports which are available;
(10) Any restrictions to be imposed on the excess land;
(11) Proposed date the facilities will be vacated;
(12) For disposals of real property with an aggregate acquisition
cost of $1 million or more, evidence of compliance with the
requirements of 41 CFR 101-47.301-2, "Applicability of
Anti-Trust Laws";
(13) A site and vicinity real estate map identifying the parcels;
(14) Photographs, if available;
(15) Number, type, use, size, age, and general condition of
facilities and utilities proposed for disposal;
(16) Any known interest in acquiring the property;
(17) Indication that DOE has not contemplated acquisition of any
land for similar use at or near this location and that the
property has been screened at the site;
(18) Certification that requirements of DOE 5400.5, RADIATION
PROTECTION OF THE PUBLIC AND THE ENVIRONMENT, of 2-8-90;
Section 120(h) of CERCLA; and any other Federal, State, or
local regulations have been meet for residual radioactive
material and any other hazardous substances. This applies
whether Government-owned land, improvements, or both, are
being disposed of. Also see paragraphs 1o and 1p below;
(19) Completed SF 118, and other requirements of 41 CFR
101-47.202-2, ready for transmittal to GSA;
(20) Certification of compliance with 40 CFR 761 regarding use and
storage of Polychlorinated Biphenyl (PCB) will be required
when there is any possibility PCBs have been utilized
(transformers);
(21) A statement regarding presence or absence of friable
asbestos; and,
(22) Any underground storage tanks must be identified, in Block 18
of the SF 118, as to location, size and former use.
h. In addition to other information, the SF 118 will include all
related or appurtenant easements, licenses, and related personal
property. Decontamination data will be included, if appropriate,
in accordance with 41 CFR 101-47.202-7. Information on flood
hazards will be included as required by 41 CFR 101-47.202.2(b)(6).
i. When Headquarters approval of a proposed disposal is required, the
Chief, Real Property Branch, will transmit the completed report of
excess real property to the appropriate GSA regional office. A
copy of the forwarding letter to GSA will be furnished to the
field element.
j. GSA will review the submission to assure that the documentation is
complete, that the property is not encumbered, and that it has a
marketable title. GSA will then advise the field element of the
acceptance date of the report of excess. DOE has responsibility
for maintenance and safety, as defined in 41 CFR 101-47.402-2, for
5 fiscal quarters from the date of acceptance of the report of
excess by GSA.
k. Subject to the approval of the Administrator of GSA, reports of
excess may be withdrawn or corrected at any time prior to
disposition of the property by filing a modified SF 118 with the
GSA regional office. Approval of the official signing the report
of excess is required for significant corrections or withdrawals.
(SF 118a, "Buildings, Structures, Utilities and Miscellaneous
Facilities," 118b, "Land," and 118c, "Related Personal Property,"
should be procured from local GSA supply channels.)
l. Interim use of excess and surplus property is permitted under the
Federal Property and Administrative Services Act of 1949, as
amended (40 U.S.C. 471). GSA has general supervision, direction,
and approval authority over interim use of such properties pending
final transfer or disposal. As general guidelines, GSA will limit
interim use to 1 year with the right to cancel on 30-day notice
from GSA. Interim use may be by lease, license, or permit.
m. When real property is transferred from one agency to another, it
is GSA's policy under 41 CFR 101.47.203-7(f)(2) that the
benefitting agency must pay fair market value for the property.
n. At one time reservations of uranium, thorium, and other
fissionable materials were routinely retained in conveyances of
surplus real property. The Government's interest in these estates
has been released by Title 42, United States Code, Section 2098.
o. Whenever DOE enters into any contract for the sale or other
transfer of real property which is owned by the United States and
on which any hazardous substance was stored for one year or more,
was known to have been released, or was disposed of, the contract
must include notice of the type and quantity of such hazardous
substance and notice of the time at which such storage, releases,
or disposal took place, to the extent such information is
available on the basis of a complete search of DOE files. The
applicability of this requirement, and the contents of the notice
are further specified in CERCLA section 120(h)(1)-(2), and 40 CFR
373.
p. In compliance with CERCLA section 120(h)(3): in the case of any
real property owned by the United States on which any hazardous
substance was stored for one year or more, was known to have been
released, or was disposed of, each deed entered into from the
transfer of such property by the United States to any other person
or entity shall contain:
(1) to the extent such information is available on the basis of a
complete search of DOE files,
(a) a notice of the type and quantity of such hazardous
substances,
(b) notice of the time at which such storage, release, or
disposal took place, and,
(c) a description of the remedial action taken, if any, and,
(2) a covenant warranting that
(a) all remedial action necessary to protect human health
and the environment with respect to any such substance
remaining on the property has been taken before the date
of such transfer, and
(b) any additional remedial action found to be necessary
after the date of such transfer shall be conducted by
the United States.
(The requirements of subparagraph (2) shall not apply in any case
in which the person or entity to whom the property is transferred
is a potentially responsible party with respect to such real
property.)
2. DISPOSAL OF DOE-OWNED IMPROVEMENTS WITHOUT THE UNDERLYING LAND.
a. When real and related personal property are to be disposed of
without the underlying land, it must be reported as excess real
property for offsite removal. The accountable office will follow
the same procedures as for disposal with the land: In addition to
the documentation required in paragraph 1a - p, if abandonment in
place or demolition of the property is recommended, at least two
independent estimates of salvage value must also be obtained. If
no one within DOE has a need for the property and there are no
purchasers during the GSA screening process, GSA will notify DOE
and the accountable office may proceed with disposition. The
authority for this disposal was delegated to Executive agencies by
GSA in 41 CFR 101.47.
b. Once GSA has advised DOE that the excess property has been
screened and no interest has been expressed, the entire financial
and administrative responsibility rests with DOE. Cost for
whatever future actions are required must be committed prior to
closeout of the contract or project.
c. Custody of Documents. Pending transfer or disposal of excess
property, the field element will retain custody of legal documents
relating to the acquisition, temporary use, or disposal of the
property. During this period, the field element will make
available to appropriate GSA officials copies of property
documents needed to proceed with the transfer or disposal action.
Originals of legal documents will be furnished to GSA to effect a
final transfer or disposal of the property.
d. Personal Property. Personal property at installations due to be
discontinued shall be disposed of in accordance with DOE Property
Management Regulations (PMR) 109-43.311-5 and PMR 109-50.
e. Excess Property Not Reported. No reports to GSA are required for:
(1) Excess non-Government-owned property held under lease,
permit, license, easement, or similar instrument, when
Government-owned improvements are to be transferred to the
owner of the land in restoration settlement and:
(a) The lease or other similar instrument is subject to
termination by the grantor or owner of the premises
within 9 months;
(b) The remaining term of the lease or other instrument,
including renewal rights, will provide for less than 9
months of use and occupancy;
(c) The term of the lease or other instrument would preclude
transfer to, or use by, another Federal agency or
disposal to a third party; and
(d) The lease or other instrument provides for use and
occupancy of space for office, storage, and related
facilities, which do not exceed a total of 2,500 square
feet.
(2) Leased space assigned by GSA and land and improvements owned
by and permitted from other Government agencies.
(3) Excess timber, sand, gravel, and stone-quarried products and
growing crops on nonexcess land regardless of value.
(4) Excess withdrawn or reserved public domain lands, regardless
of value, which are offered to and accepted by the Department
of the Interior for return to the public domain.
(5) Excess prefabricated movable structures, such as Butler-type
storage warehouses and quonset huts, and house trailers (with
or without undercarriages), which are located on nonexcess
land. For disposal only, such structures shall be reported
as personal property and disposed of in accordance with DOE
PMR 109-43-3.
f. Property that otherwise would not be reported because it falls
within the exceptions under subparagraph (1) above shall be
reported to GSA if:
(1) Government-owned improvements are located on the premises; or
(2) The continued use, occupancy, or control of the property by
the Government is needed for the operation, production, or
maintenance of other property owned or controlled by the
Government that has been reported excess or is required to be
reported to GSA.
3. DOE AUTHORITY FOR DISPOSAL OF REAL PROPERTY. DOE can dispose of real
property and related personal property under certain statutory
authorities when the proposed action meets the provisions and
requirements of the specific authority.
a. Atomic Energy Act. Under section 161g of the Atomic Energy Act of
1954, as amended, 42 U.S.C. 2201(g), DOE is authorized to "sell,
lease, grant, and dispose of such real property as provided in
this Act." Use of this authority is limited to those functions
under the jurisdiction of the Act, and any disposal under this
authority requires prior approval of the Assistant General Counsel
for General Law and the Chief, Real Property Branch. To obtain
such approval, an Action Memorandum recommending the disposal
shall be submitted, together with the pertinent background
information and justification otherwise required for a disposal of
real property, to the Chief, Real Property Branch, with a copy to
the Assistant General Counsel for General Law.
b. Atomic Energy Community Act. Under the Atomic Energy Community
Act of 1955 (69 Stat. 472, 42 U.S.C. 2301 et seq.), DOE has
authority to dispose of real property within the atomic energy
communities of Oak Ridge, Tennessee, Richland, Washington, and Los
Alamos, New Mexico, that were originally owned and managed by the
Atomic Energy Commission. This Act establishes the terms,
conditions, and procedures for the disposal of property in those
communities.
c. Power Marketing Administration. Under the Bonneville Project Act
of 1937 (50 Stat. 731, 16 U.S.C. 832 et seq.), the Administrator
of the Bonneville Power Administration has authority "to sell,
lease, or otherwise dispose of... such real property and interests
in land acquired in connection with construction or operation of
electric transmission lines or substations as in his judgment are
not required for the purposes of this Chapter..." (16 U.S.C.
832a(e)). Exercise of this authority is subject to approval of
the President. Note, however, that the generic authority
contained in 50 U.S.C. 1622(d) limits the disposal of surplus
power transmission lines, providing that if a State or Federal
agency certifies that the surplus transmission line "is needful
for or adaptable to the requirements of any public or cooperative
power project, such line and the right-of-way acquired for its
construction shall not be sold, leased for more than a year, or
otherwise disposed of, except as provided in... this section,
unless specifically authorized by Act of Congress."
d. Naval Petroleum Reserves. Authority "to alienate from the United
States the use, control, or possession of any part of the Naval
Petroleum Reserves" or to exchange land is subject to consultation
with the Senate and House Committees on Armed Services and the
approval of the President, pursuant to 10 U.S.C. 7431(a).
e. Oil Shale Conversion Facilities. Section 19 of the Federal
Non-Nuclear Energy Research and Development Act of 1974, as
amended, 42 U.S.C. 5919, authorizes DOE to enter into cooperative
agreements for the conversion of oil shale into alternative fuels
and to share with the other party the cost of construction of a
modular facility for conversion. Subsection (b)(5)(B) provides
that:
"After successful demonstration of the modular facility, as
determined by the Administrator, the facility is eligible for
financial assistance under this section for purposes of
expansion into a full-sized facility and the applicant may
purchase the Federal interest in the modular facility.... If
expansion of such facility is determined not to be warranted
by the Administrator, he may, at the option of the applicant,
dispose of the modular facility to the applicant at not less
than fair market value... or otherwise dispose of it, in
accordance with applicable provisions of law, and distribute
the net proceeds thereof, after expenses of such disposal, to
the applicant in proportion to the applicant's share of the
cost of such facility."
f. Energy Reorganization Act of 1974, as Amended, 42 U.S.C. 5821(B).
(1) Section 111(b) of this Act provides that for facilities
constructed from funds provided to DOE under authority of
this Act:
"Fee title to all such facilities and items of equipment
shall be vested in the United States, unless the
Administrator or designee determine in writing that the
research, development, and demonstration authorized by such
Act would best be implemented by permitting fee title or any
other property interest to be vested in an entity other than
the United States; but before approving the vesting of such
title or interest in such entity, the Administrator shall (i)
transmit such determination, together with all pertinent
data, to the Committee on Science and Technology of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate and (ii) wait a period of 30 calendar
days (not including any day in which either House or Congress
is not in session because of adjournment of more than 3
calendar days to a day certain), unless prior to the
expiration of such period each such committee has transmitted
to the Administrator written notice to the effect that such
committee had no objection to the proposed action."
(2) As a general rule, this transfer authority is exercised at
the beginning of a project. Its use requires the prior
approval of the Chief, Real Property Branch.
g. Sale.
(1) If DOE is authorized by specific statute or by delegation
from GSA to sell real property to private parties, sale will
be accomplished by competitive bidding, unless otherwise
limited by contractual obligations.
(2) DOE will not offer for sale any real property which has been
contaminated with explosive or toxic materials or other
harmful elements before full compliance with DOE
decontamination procedures.
(3) As a general rule, all collections received by DOE shall be
deposited as miscellaneous receipts to the' General Fund of
the Department of the Treasury unless otherwise authorized by
statute or DOE 2200.6, FINANCIAL ACCOUNTING, Chapter IX,
Reimbursable Work, Revenues, and Other Collections.
4. DISPOSAL OF OTHER INTEREST IN REAL PROPERTY. Granting of licenses,
permits, and easements, as well as outleasing, are disposals of
interest in property of varying degrees.
a. If land or facilities controlled by DOE are temporarily
underutilized, they may be outgranted to others for use during an
interim period, within certain limitations, if the proposed use is
consistent with Departmental mission requirements, security, and
public safety. Prior to outgranting any interest in
DOE-controlled real property, field elements must comply with the
requirements and intent of Section 106 of the National Historic
Preservation Act. The order of preference for outgrants when more
than one party is interested in the property and no compelling
reasons dictate otherwise is:
(1) Other Federal agencies;
(2) State and local Governments; and
(3) Private organizations or individuals.
b. Outgranting DOE property for private use by lease will be done by
obtaining competitive offers through advertising, whenever
feasible. Competitive offers are not required when:
(1) Granting licenses or permits for a firm term of a year or
less or to other Federal agencies;
(2) Granting leases to local, county, or State Governments; and
(3) Granting easements where it can be documented from the file
that competition is impractical or unnecessary.
c. Granting Outleases.
(1) Temporarily underutilized DOE-controlled property may be
outgranted by lease; however, terms of such leases, including
all options, shall be for not more than 5 years as provided
in Public Law 95-91 (91 Stat. 565). Appraisals shall be
obtained, and payment received should be no less than the
appraised fair market rental value except in cases where it
is clearly in the best interest of the Government to accept
less. Such cases will be thoroughly documented in the file.
The Interdepartmental Waiver Doctrine should be considered
whenever there is a possibility of outgranting property to
other Federal agencies.
(2) All leases must specify, as a minimum, the amount of realty
to be occupied, its specific location, a beginning and an
ending date with any options, hours for use or access, amount
of rent to be paid, who is responsible for operation of the
leased property, and who is responsible for furnishing
maintenance, utilities, and services. If the Government is
to provide more than just the space, rates must be developed
and added to the rent, if they were not included in the
appraised fair rental value. Rental monies received will be
deposited by the fiscal officer in the appropriate account.
(3) All leases granting the lessee possession and use of
improvements will require the lessee to ensure such
improvements for their full value, if practicable, to make
certain the improvements will be available for future DOE
use. Outleased property will not be subleased or assigned
without the lessee obtaining prior approval from the
Departmental contracting officer. The outlease instruments
will include a clause restricting sublease or assignment.
d. Granting Easements.
(1) Granting easements over, in, across, and upon DOE lands
places encumbrances on the property, which could have an
effect on DOE use and disposal. Therefore, easements should
be granted only when the granting does not conflict with DOE
use or when the easement provides a clear benefit to DOE.
When granting easements, ascertain that the Government's
interest in adjoining property and its remaining interest in
the easement area are protected. Easements are granted for
such purposes as roads, railroads, pipelines, and utility
lines.
(2) Fair market value will be charged for easements. In those
cases where the grantee is a State or local Government or
nonprofit organization, or when the grant will primarily
benefit the Government, the easement may be granted without
charge and the file should be documented to show the reason.
DOE has authority to grant the following kinds of easements:
(a) Easements for road widening are granted under 40 U.S.C.
345c. This law provides that, upon application by a
State or a political subdivision, the Head of the
Executive Agency having control over the property may,
with or without charge, convey, or transfer such
interest in the property consistent with the best
interest of the Federal Government.
(b) General easement authority is contained in 40 U.S.C.
319. This authority is unlimited as to purposes for
which easements may be granted; however, it should not
be used for purposes which another statute specifically
authorizes. The authority can be used to grant an
easement requested by a State or its political
subdivision for roads or streets on land under exclusive
legislative jurisdiction of the Federal Government, if
it is determined to be in the best interest of the
Government to relinquish entire or concurrent
jurisdiction to the State. Easements for roads and
streets may be granted in perpetuity.
(c) With certain restrictions, general easement authority is
also granted under section 161g of the Atomic Energy
Act.
(3) Terms and Conditions. Terms and conditions of easements
shall include the following:
(a) The grantee shall maintain the property in good
condition and make necessary repairs;
(b) Use of the property by the grantee shall not interfere
with Government operations. This may be omitted from
easements for Federal-aid highways;
(c) Relocation of any facilities constructed by the grantee
that interfere with Government operations will be
required at the expense of the grantee. This relocation
provision may be omitted when such provision would be
impractical or unreasonably burdensome to the grantee;
and
(d) The easement will be terminated for default, for nonuse
for a period of 2 consecutive years, or if the easement
is abandoned.
e. Licenses and Permits.
(1) Licenses or permits may be granted for temporary' use of
Departmental property and shall be revocable on 30-day
notice. DOE may permit other Federal agencies to use DOE
property as long as the use does not interfere with the
Departmental mission. There is no charge to other Federal
agencies for use of the real property. The term of the
permit should be limited to the actual time required for
contemplated use and may be for any period so long as it is
revocable on not more than 30-day notice. Permits may be
renewed with proper justification.
(2) Payment of fair market value is required for all other users,
unless (a) the proposed use will benefit only the Government,
or (b) the user is a local Government entity. Amount of
payment is usually based on local practice. Advice on
charges may be obtained from the USACE, BLM, or local
appraisers.
(3) When a commercial user, such as a bank or service station,
requests a permit to use DOE land, the field element must
have a justifiable need for the offered service that cannot
be filled offsite, must give all other like organizations
the right to compete, and must require the recipient of the
license or permit to pay not less than fair market value for
the use of the Government property.
f. Credit Unions. Specific legislative authority, at 12 U.S.C. 1770,
"Allotment of Space in Federal Buildings," permits assignment of
available space in Federal buildings, at no cost, for use by
credit unions. To be eligible for such space, at least 95 percent
of the members of the credit union must be Federal employees or
were Federal employees at the time they joined the credit union.
Members of their immediate families are also eligible. Credit
unions that do not meet the requirements for free space but do
provide service to DOE or onsite contractor employees, are
eligible for space on a noncompetitive basis, although fair rental
value must be charged. If more than one credit union desires the
space, then the space must be competed among the credit unions.
g. Automatic Teller Machines (ATM). By memorandum dated 12-4-85, the
Director of Administration established DOE policy regarding ATMs,
which is as follows:
(1) If the ATM is solely for the use of members of a Federal or
contractor credit union, which is authorized space on a DOE
facility, then the installation of an ATM shall be authorized
on a no-cost basis. It is recommended that a license be
issued to the credit union rather than a lease.
(2) An ATM, which services commercial banking customers as well
as credit union members may be allowed, provided that the ATM
is operated by the credit union and not the bank.
(3) A lease is the proper vehicle to authorize the installation
of an ATM when it is installed by a commercial banking
institution and is presently in place on DOE-controlled
property. Space shall be leased at not less than the fair
market rental value. Installation of additional ATMs, which
are not operated by Federal or contractor credit unions, must
either be competed or, if one financial institution is
allowed to install an ATM without competition, then all
financial institutions must be allowed to install an ATM if
they so request.
h. Annexation. Annexation is an action taken by a municipality to
incorporate DOE lands into its corporate limits. It is the policy
of DOE not to oppose annexation except where such action would not
be in the best interest of the Government. Such determinations
are the responsibility of the PSO or designee, in consultation
with counsel and a certified real property representative.
5. DISPOSAL UNDER GRANTS. Grants will be governed by standards set out in
Attachment N, OMB Circular A-110, and 10 CFR 600.431. These cover the
management and disposal of property furnished by the Government, paid
for in whole or in part with Federal funds, or charged to a project
supported by a Federal grant. DOE actions in such management and
disposal will comply with the requirements therein, using this Order
for implementation. Consideration should also be given to cooperative
agreements covered by the DOE Assistance Rules, 10 CFR 600.117.
6. RELINQUISHMENT OF WITHDRAWALS. Relinquishments must comply with the
procedures prescribed in 43 CFR 2372.1.
ANNUAL REVIEWS
1. Real Property Utilization Survey
2. Real Property Annual Review - Leased Facility
DEPARTMENT OF ENERGY
REAL PROPERTY UTILIZATION SURVEY
SEE FPMR 101-47.8-1 FOR STANDARDS FOR COMPLETING SURVEY
1. Responsible Office ________ 3. Location (City or County, State) _____
2. Facility Name ________________________________________________________
4. Acreage ______________________________________________________________
5. Estimated fair market value (EFMV) of land owned: $___________________
6. Acquired by: 6a. Purchase __ 6b. Donation __ 6c. Exchange __
6d. Other (Describe) __ ______________________________________________
7. Purpose (use) of facility: ___________________________________________
8. Improvements: 8a. Yes __ 8b. No __ 9. No. of Improvements: None __
1-50 __ over 50 __
9a. Type of improvements with gross square footage: ______________________
______________________________________________________________________
9b. EFMV of improvements: $_____________ 10. Total EFMV: $________________
11. Use of site: 11a. Year round __ 11b. Periodic __ (Give dates): _______
12. Is site jointly used by others? 12a. Federal Agency __
utilized __ 22c. Not put to optimum use: _____________________________
12b. State or Local Government __ 12c. Business or individual __
12d. No. __
13. Explain outgrants (e.g., easements, licenses, permits): ______________
______________________________________________________________________
14. Future plans for use of site: ________________________________________
______________________________________________________________________
15. Is property use compatible with surroundings? ________________________
16. Could operating and maintenance costs be reduced if site was
relocated? ___________________________________________________________
17. Will contemplated program changes alter property requirements? _______
18. Are buffer zones kept to a minimum? __________________________________
19. Is Government-owned land essential to meet program requirements? _____
20. Is property being retained because it is considered undesirable
landlocked? __________________________________________________________
21. Is there land or space available for use by others on a temporary
basis? _______________________________________________________________
22. Degree of utilization: Definitions on back of form. Check one box and
use remarks for further explanation. 22a. __ Fully utilized: 22b. __
Underutilized: 22c. __ Not utilized __ 22d. Not put to optimum use:
___________________________
23. Remarks: _____________________________________________________________
______________________________________________________________________
24. Previous survey: 24a. __ Annual 24b. __ Executive Order 5 year
24c. __ GSA 24d. Date ____________ 24e. Determination: _______________
25. This site and/or improvements are recommended for: 25a. Retention __
25b. Partial excess __ 25c. Excess __
26. Surveyed by (Name, Title, and Date): _________________________________
27. Reviewed by (Name, Title, and Date): _________________________________
U.S. DEPARTMENT OF ENERGY
REAL PROPERTY ANNUAL REVIEW - LEASED FACILITY
(Definitions and Instructions Attached)
1. Responsible Office_____________ 2. Lease (Lse) Type_______________
_______________________________ _______________________________
3. Building (Bldg) Name___________ 4. Bldg Address___________________
_______________________________ _______________________________
5. Lessor_________________________ 6. Lessee_________________________
7. Lse No.________________________ 8. Original Occupancy Date________
9. Beginning Date of Current Lse 10. Lse Expiration Date____________
Term___________________________ 11. Current Annual Rent____________
12. Fully Serviced - Yes_____No____ 13. Serv/Util (S/U) not included (ni)
14. Cost - S/U ni__________________ _______________________________
15. Renewal Terms__________________ 16. Renewal Annual Rent____________
17. Renewal Notice_________________ _______________________________
18. Lessee Cancellation Rights__________________________________________
19. Lessor Cancellation Rights__________________________________________
20. Bldg use____________________________________________________________
21. Square Feet: Lse Total______ Office______ Storage______ Special_____
22. Parking Spaces_____________ 23. Acreage (Land Lse Only)____________
24. Land Use (Land Lse Only)____________________________________________
Yes No N/A
25. Will anticipated program changes alter space requirements?
26. Is all support space being efficiently utilized?
27. Can any future expansion needs be satisfied in this building?
28. Number of Occupying Personnel: Total_________ Office_________
29. Degree of Utilization: Check appropriate box and use remarks for
further explanation or discussion: 29a. __ Fully utilized: 29b.
__Underutilized:29c. __Not utilized:29d. __Not put to optimum use:
30. The lease for this building and/or land is recommended for:
30a. __Retention: 30b. __Renewal: 30c. __Cancellation:
31. Remarks:____________________________________________________________
____________________________________________________________________
32. __________________________________________________
Annual Review by: (Name, Title and Date)
33. _________________________________________________
Approved by: (Name, Title and Date)
DEFINITIONS:
Fully utilized: The property under lease is in full use and is essential
for accomplishment of the agency mission. No portion of the property could
be disposed of without detrimental effect on program accomplishment.
Underutilized: The property under lease is only partially used for program
purposes. A definable portion of the leased property could be utilized by
others or disposed of without detrimental effect on program accomplishment.
Identify portion of leased property considered underutilized.
Not utilized: The property under lease is not in full use by the agency or
use is so minimal that the property could be used by others or excessed.
What action has been taken to excess or improve use of the property?
Not put to optimum use: The property under lease is utilized in some
degree, but there are potential uses which would be of greater value in
terms of program accomplishment, income from sale, etc.
INSTRUCTIONS: The following instructions explain what information is
requested for various items on the Real Property Annual Review - Leased
Facility.
Item
No. Information Required
1. This item should identify either a DOE Field Office, technology
center, power administration, etc.
2. Identify what is being leased such as a building, parking, land, or a
combination, etc.
4. Here include street address, city and State.
6. Identify the specific DOE or contractor office that executed the
lease.
7. Show the date DOE or the contractor initially occupied the leased
building or assumed leasehold interest in a land lease.
9. Identify the effective date of the lease term now in effect.
10. Identify the expiration date of the lease term now in effect.
13. Items here may include electricity, janitor services, water & sewer,
etc.
14. If the services and utilities, not included in the lease rental, are
obtained under a subcontract the actual costs should be shown. If
they are furnished by force account use the best estimated cost
available.
15. Identify the number of renewal terms and length of each in years.
16. Identify if a specific renewal rate is reflected in the lease, if the
current rental will continue with escalator adjustments in
accordance with the lease terms or another method is used to
determine the renewal rate.
17. Show the date by which the renewal notice must be exercised.
18. Indicate if whole and/or partial cancellation is allowed, how much
notice is required, and the date after which cancellation may be
exercised.
19. The same as No. 18 above.
20. Identify by predominant use such as office, warehouse, laboratory,
etc.
21. To the extent possible, identify the breakdown of space as listed.
26. Support space is that not continuously occupied by agency personnel
such as conference rooms, libraries, file areas, etc., but is still
as-built office type space.
Chg 1 6-13-94
CHAPTER III
APPRAISALS
1. REQUIREMENTS.
a. For purposes of this Order, an appraisal is a written statement
independently prepared by a qualified appraiser, which sets forth
an opinion of the value of an adequately described property as of
a specific date, supported by presentation and analysis of
relevant market, cost, and income information.
b. Appraisals are prepared for the purposes of facilitating
decision-making, as well as complying with various legal
requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (84 Stat. 1894), and
FPMRs.
c. Appraised values most frequently requested and when required
include:
(1) Fair market value - required in the acquisition and disposal
of fee interest and permanent easement rights in real
property;
(2) Fair rental value - required for inleasing and outleasing of
real property; and
(3) Value for offsite removal - required where real property is
acquired or disposal of without the underlying land and must
be relocated from its present site.
d. Fair market value is the price at which a willing seller would
sell and a willing buyer would buy, neither being under undue or
abnormal pressure. Implicit in this definition is an awareness by
both the seller and buyer of the market forces, which affect
value. The value estimated by the appraiser is based upon an
analysis of the three approaches of similar properties in the
area. A complete definition is included proceeding the Order.
e. Fair rental value is the rent that space currently commands in a
competitive market under specific lease terms and conditions. The
appraiser must be given the solicitation, if applicable, a copy of
the proposed lease terms and conditions, but not the proposed
rent, and architectural and layout drawings when available, so
that the property can be appraised on the exact terms and
conditions proposed. Additionally, the appraiser must be
instructed to separately estimate base rent, the value of any
utilities or services included in the proposed lease, and the
value of any other items that are part of the rent such as taxes,
insurance, maintenance, space buildout, etc.
f. The contract rent should not exceed the fair rental value
estimated by the appraiser, and justification for approving rent
in excess of the appraised fair rental value must be documented in
the file. (See page I-29, paragraph 7g(12)).
g. The requirement to obtain the appraised value for offsite removal
is applicable to buildings, structures, and related machinery and
equipment, which DOE has an obligation to remove from the site.
The value is set by establishing whether the property has value
offsite and, if not, by estimating the costs to dismantle,
demolish, or remove the property and restore the site and is
normally obtained as a written estimate from a salvage contractor.
This cost may be partially or completely offset by any salvage
value in arriving at the value for offsite removal.
2. SELECTION OF APPRAISERS.
a. Only qualified appraisers shall be selected to prepare appraisals
for DOE. Those selected should have successfully completed
appraisal courses sponsored by nationally recognized appraisal
organizations and have prepared similar appraisals for other
Federal or State agencies. Appraisers who have received a
professional designation from the Appraisal Institute are
generally acceptable. Specialists should be assigned to appraise
unique or complex property involving special machinery, equipment,
mineral deposits, or timber.
b. Procurement of appraisal services may usually be accomplished
through utilizing the Corps of Engineers (USACE) under the
existing DOE-USACE memorandum of understanding. Alternately, the
DOE field element may obtain appraisal services through informal
solicitation. Appraisers may be contacted by telephone to
determine qualifications, appraiser interest, ability to complete
the appraisal when needed, and estimated fee. Not less than three
qualified appraisers should be requested to submit a letter
outlining their understanding of the assignment, level of work
anticipated, contract due date, fee, and qualifications.
Estimated appraisal fees in excess of $10,000 must be procured
under formal procurement procedures.
c. Appraisal documentation must be consistent with the "Uniform
Appraisal Standards for Federal Land Acquisition", of 1973 and
professional standards of nationally recognized appraisal
organizations. The data and analysis prepared by the appraiser
should explain, substantiate, and document the value appraised.
d. The appraisal must be reviewed and approved before authorizing
expenditure of Federal funds for the planned real estate action
and payment of the appraisal fee. Persons reviewing the appraisal
should have a fundamental knowledge of appraisal principles and
techniques. Certified realty specialists have established
thresholds for approving appraisals. However, if the appraisal
exceeds those thresholds or if the complexity of the appraisal
warrants, efforts should be made to obtain appraisal review
services from other agencies; obtain a fee review appraiser; or
request review by the Headquarters Real Property Branch staff.
e. All acquisitions of real property from private owners shall comply
with the policies set forth in Public Law 91-646 (84 Stat. 1894),
Title III. In general, Title III requires that every effort be
made to acquire the property amicably and to provide disclosure of
essential information necessary for the owner to evaluate the
reasonableness of DOE's offer, and it forbids any coercive action
to bring settlement. Procedurally, the Act requires that:
(1) Real property be appraised before beginning negotiations;
(2) The owner be provided an opportunity to accompany the
appraiser on an inspection of the property;
(3) The Agency offer just compensation, which cannot be less than
the Agency's approved appraisal;
(4) The owner be provided an offer letter setting forth the
amount of just compensation and separately stating any loss
in value to the remainder;
(5) In the case of condemnation, deposit in court an amount not
less than the approved appraisal of fair market value; and
(6) The Agency offer to acquire any unusable remaining tract
(uneconomic remnant).
f. In summary, appraisals must be obtained to document and support
the expenditures of Federal funds. The appraisals must be
independently prepared and meet specific legal requirements; in
other words, appraisals obtained by property owners or for loan or
insurance purposes are not acceptable. Therefore, it is essential
that appraisals be prepared by qualified appraisers and meet
minimum documentation standards and that they be reviewed and
approved prior to authorizing real property actions supported by
Federal funds.
CHAPTER IV
CONDEMNATION
1. ACQUISITION CONDEMNATION. It is DOE policy to acquire authorized real
property interests in land and/or improvements by direct purchase, at a
just and reasonable negotiated price. However, in certain
circumstances it will be necessary to initiate condemnation
proceedings. Condemnation occurs when the Government exercises its
right of eminent domain to take property for public use. Under the
Constitution, a person cannot have his or her property taken for public
use without due process of law and without just compensation. The
Attorney General, upon request by DOE, will institute condemnation
proceedings and prosecute the proceedings to completion.
2. NEED FOR CONDEMNATION PROCEEDINGS. Such action may be undertaken when:
a. There are title defects, which preclude acquisition by voluntary
conveyance;
b. Multiple ownership is involved and an agreement to purchase cannot
be obtained;
c. The property owner refuses to negotiate or sell at a just and
reasonable price;
d. Immediate possession of the property by the Government is
essential, and there is insufficient time for negotiations or to
obtain an offer to sell;
e. The property owners cannot be located; or
f. When a member of Congress or an employee of DOE or its agent has a
direct interest in real property being acquired by DOE.
3. AUTHORITY. Unless otherwise delegated, recommendations for
condemnation actions will be approved by the Office of Counsel of the
appropriate field element and will be submitted to the Chief, Real
Property Branch, for review. A "Complaint in Condemnation" and
"Declaration of Taking" filed in conjunction with it will contain a
citation of the congressional authorization and appropriations acts for
the particular project and any other applicable acts of Congress.
Unless specifically delegated otherwise, the Secretary or the Under
Secretary must approve condemnation actions.
4. PROCEDURES.
a. Condemnation Assembly. The request to condemn shall include an
assembly of information, and one copy, incorporating the items,
information, and certifications required by the Department of
Justice in "A Procedural Guide for the Acquisition of Real
Property by Governmental Agencies," Chapter 1, "Acquisition by
Condemnation Proceeding." (This document is for sale by the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402, Stock No. 027-000-00150-5.) Include one
additional copy of all items for the assembly.
b. Notice to Owners and Tenants. When a decision is made to
recommend condemnation, a notice will be sent to the affected
property owners and tenants so advising. If the reason for
condemnation is disagreement over value of the property to be
acquired, a period of time for acceptance will be indicated, and a
statement will be included that if the offer is not accepted, the
field element intends to recommend condemnation of the property to
Headquarters.
c. Order of Possession. Upon filing of a "Declaration of Taking,"
the court is authorized to establish the time and the terms on
which the property owners shall surrender possession to the
Government. The letter of transmittal to the Attorney General
will give the date by which the Government desires possession of
the property. Based on this letter, the Department of Justice
will have the U.S. Attorney obtain an appropriate Order of
Possession or right-of-entry based on the needs involved.
d. Condemnation with Agreements to Purchase. If parcels on which
there are agreements for purchase are contained in the
condemnation proceedings to cure title defects or other reasons,
the U.S. Attorney will be notified of this fact, and a signed copy
of the agreement shall be provided to him or her.
e. Deposit of Funds. The appropriate DOE finance office will provide
a check for the estimated just compensation to the U.S. Attorney
for deposit in the Registry of the Court at the time of filing.
f. Interim Occupancy. When property owners or tenants are allowed to
remain on the property, the conditions and terms under which such
persons will remain on the property will be stated in a lease
agreement.
g. Actions Following Filing of Declaration of Taking. When notified
that a "Declaration of Taking" has been filed, the following
actions must be undertaken by the field organization acquiring the
property:
(1) Post the property indicating it is now Government property
(this only applies once an Order of Possession has been
signed by the court);
(2) The property should be inspected and a Certificate of
Inspection and Possession completed and retained in the file.
(3) Update the title evidence as of the date of recordation of
the "Declaration of Taking"; and
(4) Have appraisals updated to the date of taking.
h. Settlement. At the direction of the U.S. Attorney, an authorized
representative of DOE may conduct discussions for offers of
settlement with the property owners as to the amount of
compensation to be paid for the property. Upon reaching a
satisfactory agreement as to price, a stipulation, approved by the
U.S. Attorney, may be executed.
i. Court Awards. If the court awards an amount in excess of the
amount deposited by DOE in the Registry of the Court, the U.S.
Attorney will notify DOE and request that a check for the
deficient amount be sent to the U.S. Attorney for deposit in the
Registry of the Court.
j. Appeals. If the court award seems unreasonable and the U.S.
Attorney determines that the facts warrant an appeal or a motion
for a new trial, the U.S. Attorney may request DOE views and
recommendations on the case. If DOE considers the award to be
unreasonable, it should present its reasons to the Department of
Justice and request consideration of an appeal.
k. Record Disposition. Certified copies of the final judgment and
opinions of the Attorney General are to be retained in the real
property files at the installation as part of the permanent DOE
property records.
CHAPTER V
MANAGEMENT OF NATURAL RESOURCES
1. FORESTRY MANAGEMENT. When DOE-controlled land contains areas suitable
for the conservation and management of forest resources, a forest
management program will be established. This program will include
forest administration, timber management, timber sales and harvesting,
reforestation, forest protection, and all other elements related to
timber production. On land withdrawn from the public domain, DOE
should coordinate with the Bureau of Land Management.
2. SOIL AND WATER CONSERVATION.
a. To assure that maximum benefits are derived from existing natural
resources and to prevent needless expenditure of funds for the
preservation of these resources, a soil, water, and plant
conservation plan shall be developed and maintained by the field
elements, and funds should be made available for the execution of
the plan. The plan must be in accordance with current
conservation and land-use practices, include proposed changes in
land use and drainage patterns, and outline all soil and water
conservation problems and requirements. In addition, the
conservation plan should contain:
(1) Brief description of land and water areas;
(2) DOE use requirements;
(3) Pertinent soil, climate, or erosion conditions;
(4) Technical guidance criteria for recurring actions required to
economically preserve, improve, or sustain the area; and
(5) Any special problems in connection with the conservation of
these resources.
b. A copy of the soil and water conservation plan will be kept on
file in the appropriate field elements for review and appropriate
action.
3. FISH AND WILDLIFE MANAGEMENT. All installations having suitable land
and water areas will have programs for the harvesting of fish and
wildlife by the public. Hunting, fishing, and trapping will be in
accordance with the fish and game laws of the State. Appropriate State
licenses are required. Provisions will be made for controlled public
access to DOE property for hunting, fishing, and trapping, provided it
does not interfere with missions. Fish and wildlife management will be
integrated with other natural resources activities. Cooperation with
State and Federal fish and conservation agencies is required, pursuant
to 16 U.S.C. 661, 470, 1536, 703, 1431, and 668; 42 U.S.C. 4331:; 7
U.S.C. 136; and 33 U.S.C. 1401. A management program that complies
with accepted scientific practices will be established.
4. CULTURAL RESOURCE MANAGEMENT. Prior to outgranting any interest in
DOE-controlled real property, field elements must comply with the
requirements and intent of Section 106 of the National Historic
Preservation Act. In managing cultural resources, field elements
should be further guided by the Archaeological Resources Protection Act
and American Indians Religious Freedom Act.
5. NATIONAL ENVIRONMENTAL RESEARCH PARKS. Suitable DOE-owned or -leased
land may be designated as a national environmental research park.
Property holdings will be reviewed periodically and may be set aside
for the exclusive use of nonmanipulative environmental research for
definite or indefinite periods of time.
CHAPTER VI
ADMINISTRATION
1. REAL ESTATE INVENTORY AND RECORDS. PSOs or designees have the
responsibility to maintain all records of real estate assets and
appropriate backup data. Cadastral records are records pertaining to
land, interests therein, or rights thereto, of the United States under
DOE control, and will contain the originals or an executed copy of all
real estate instruments with maps and backup data. When responsibility
for a contract is transferred from one DOE organization to another,
inventory and pertinent property records for all real property and
related personal property should accompany the contract.
2. AUTHORITY.
a. Title 44 U.S.C. 31, Records Management by Federal Agencies.
b. Title 41 CFR Part 101, Federal Property Management Regulations.
c. DOE 1324.2A, RECORDS DISPOSITION, of 9-13-88.
d. DOE 1324.3, FILES MANAGEMENT, of 3-2-81.
e. DOE 1324.4, MICROGRAPHICS MANAGEMENT, of 11-2-83.
f. DOE 5500.7B, EMERGENCY OPERATING RECORDS PROTECTION PROGRAM, of
10-23-91.
3. CREATION OF RECORDS/FILES. Two separate and distinct sets of records:
permanent cadastral records and operations/working files.
a. Cadastral Records.
(1) Cadastral records shall be created containing original or, if
not available, duplicate originals of all muniments of all
land holdings within the administrative control of the field
element for the following types of interests:
(a) Fee acquisition;
(b) Withdrawal from the public domain;
(c) Permanent easements;
(d) Permanent full/partial disposals;
(e) Jurisdiction; outgrants, ingrants; and
(f) Other items, which are of such significance as to be
deemed worthy of retention by the field element.
(2) A library of microfilm of everything in the cadastral records
must be maintained in accordance with DOE 1324.2A and 1324.4.
(3) Cadastral records shall be contained in files that are
clearly labeled and sequentially organized by facility and
type of action so as to present a logical, chronological
chain of events in accordance with DOE 1324.3. The following
Order is recommended:
(a) Acquisition.
1 Fee simple.
2 Withdrawal from the public domain.
3 Easements (one easement to a file).
(b) Disposal.
1 Disposals.
2 Partial disposals (one action to a file).
3 Disposal of lesser interests (outgrants, termination
of temporary rights).
(c) Jurisdiction (if appropriate).
(d) Other (if appropriate).
(4) To ensure uniformity of recordkeeping throughout DOE, the
following muniments shall be kept in the cadastral files:
(a) Permanent Acquisition of Fee or Easements.
1 By Purchase or Donation. The final opinion of title
together with all related title papers including the
approved appraisal, purchase agreement, certificate
of inspection and possession, certificate of
noninterference, negotiator's report, deed, closing
instructions, survey (metes and bounds or legal
description), map or drawing, and the certificate of
title or title insurance policy.
2 By Condemnation. Secretarial request to Attorney
General for institution of condemnation. Complaint
in Condemnation, Declaration of Taking, Attorney
General's confirmation opinion of title with related
documents attached, order of possession, Secretary's
request for amendments to the proceeding (if any),
Attorney General's opinion on amendments with all
documents attached, final opinion on each parcel in
the proceeding with all attachments, and the
appropriate items as defined for purchase or
donation.
3 By Reassignment from another DOE Component. Letter
of approval, letter of reassignment, and all
muniments.
4 By Transfer from another Federal Agency. DOE request
for transfer of land or interests affecting land
(SF-1334, if applicable), Agency official transfer
letter, or memorandum with all muniments and related
papers.
5 By Withdrawal from the Public Domain. Application to
the Department of the Interior for permanent or
long-term withdrawal of public domain land for use of
DOE with description and map (if any), and copy of
the Public Land Order or other document withdrawing
the land.
(b) Partial Disposals. Letters to GSA with Report of Excess
(SF-118, 118a, 118b, and 118c) and Report of Title,
approvals, if any, letters of transfer to other Federal
Agencies, quitclaim deeds, easements of indefinite term,
and letters of donation.
(c) Full Disposals. Letters to GSA with Report of Excess
(SF-118, 118a, 118b, and 118c) and any document
indicating final disposition of the property.
(d) Reassignment to another DOE Component. Only the
reassignment letter should be kept by the transferring
DOE component. All other records should be transferred
to the acquiring office.
(e) Legislative Jurisdiction. Letter of application to
State governors specifying the need for Federal
jurisdiction and/or letters to State governors accepting
jurisdiction; deeds of cession by the State and/or other
documentary evidence of cession and acceptance of
jurisdiction by the Federal Government; and documentary
evidence of modification and retrocession. Any other
type of jurisdiction shall be so noted in the
acquisition file.
b. Operations/Working files. Operations/working files should be
created to document the conduct of current business. These files
should also be clearly labeled and sequentially organized by
installation and type of action in a manner similar to the system
used for cadastral records in accordance with DOE 1324.3.
4. MAINTENANCE AND USE OF RECORDS/FILES.
a. All cadastral and operations/working files shall be maintained to
accurately reflect the current status of any given action.
b. The cadastral records shall be updated with completed actions
otherwise required in the files. Cadastral records shall be
monitored to assure accuracy of information.
c. Files should be examined to assure that there is no extraneous
information in the file.
d. Operations/working files should be used to track an ongoing action
and those actions not of a permanent nature.
e. Once an action is completed and qualifies for storage as a
cadastral record, all original muniments shall be removed from the
operations/working file, microfilmed, and placed in proper
sequence in the cadastral records. Nonpermanent actions, when
completed, should remain in the operations/working file and need
not be microfilmed.
f. Any information stored in the cadastral or operations/working
files shall be preserved in such a manner as to prevent loss or
destruction in accordance with DOE 1324.3 and 5500.7B. In some
cases, these files may be the only records available that document
the Government's legal rights. In any event, assuming a deed or
lease has been recorded elsewhere, these files serve as a backup
and have the advantage of being easily and readily accessible when
required.
5. DISPOSAL OF RECORDS/FILES.
a. Records shall be stored, subsequently disposed of, and retention
schedules established in accordance with existing DOE 1324.2A.
b. The originals of all title papers shall be retained by the field
elements until such time as the property is reported excess to
GSA, is transferred to another Federal Agency, or disposed of in
some other manner consistent with the Federal Property Management
Regulations and DOE policy.
c. Disposals through GSA. Original muniments shall be assembled and
forwarded to GSA with the Report of Excess. Original muniments of
title should also accompany a direct transfer to another Federal
Agency. In the event of a partial disposal, the original
muniments of title shall be retained by the field element if the
greater portion of the facility is also to be retained.
d. Disposals by DOE.
(1) To another Federal Agency. Original muniments shall
accompany transfers to other Federal Agencies. In the event
of a partial disposal, the guidance outlined in paragraph c
above shall be followed.
(2) To a Non-Federal Entity. No title documents need to be
furnished if the disposal, or partial disposal, is to a
non-Federal entity.
e. Inventory. A survey of all real property is required annually by
41 CFR 101-47.2 to determine whether all Government property is
needed and optimally utilized. In addition, DOE 2200.6, FINANCIAL
ACCOUNTING, CHAPTER VI, "Plant and Capital Equipment," at page
VI-33, paragraph 5b, provides guidance that physical inventories
of real property are to be taken at least every 10 years. All
surveys and inventories must be made by DOE personnel or
authorized contractor personnel. Personnel who perform the
physical inventory shall not be the same as those who maintain the
property records or have custody of the property. Inventories
must be signed and certified correct. Copies of each inventory
shall be available in the field element office for review by the
Controller and the Office of Organization, Resources and
Facilities Management.
f. DOE personnel who are responsible for a real property inventory
shall submit to the manager of the field element having
jurisdiction a listing of all discrepancies disclosed by a
physical inventory, a signed statement that the inventory was
completed, and a statement that the property records and the
inventory agree except for the discrepancies reported. Inventory
summaries shall be prepared showing cost by asset type so that
dollar totals can be correlated to financial control accounts.
The Head of the Field Element, the Property Administrator, and the
Finance Director shall investigate all significant discrepancies,
determine the causes, and effect remedial measures.
6. REAL PROPERTY REPORTS.
a. Annual real property reports will be prepared for Tree Planting,
Vending Stand Operations, and the Worldwide Real Property
Inventory Reporting System, as described in Attachment VI-1,
"Annual Real Property Reports Requirements." Reports should be
transmitted to the Chief, Real Property Branch, by the dates
shown. Negative reports are required and may be made by telephone
to the Chief, Real Property Branch.
b. Reports required by GSA will be prepared and submitted by the
Office of Organization, Resources and Facilities Management, using
inventory information.
c. Additions, changes, or deletions to the automated system should be
completed prior to the end of each quarter.
d. DOE F 4300.3, "Semi-annual Summary Report of DOE-owned Plant and
Capital Equipment," is required to be completed by offsite,
nonintegrated contractors as of February 28 and August 31 of each
year, and as of the final date of the contract. The original and
two copies of the report shall be sent to the Property
Administrator, who in turn will provide copies to the Contracting
Officer and to the Servicing Financial Organization.
ANNUAL REAL PROPERTY REPORTS REQUIREMENTS
NO. OF COPIES TO
REPORT TITLE/FORM OF REPORTING DUE DATE AUTHORITY BE SUBMITTED
Department of Agriculture
Annual Tree Planting and Seed- 11-30 Forest Original and one
ing Report (1450-DOA-AN) Service copy
Manual 3215
Memorandum report of number of
acres planted with tree
seedlings or directly seeded
with trees during fiscal year.
Do not report species,
grasses, planting, or seeding
done for landscaping purposes.
Department of Education
Vending Facility Activity 2-15 Randolph- Original and one
under the Randolph-Sheppard Sheppard copy
Act (1270-ED-AN) Act, 20
U.S.C. 107
Memorandum report noting, in order by State:
1. Total number of vending concessions or facilities established:
record total number of Randolph-Sheppard Act (R-S) facilities by
type and status at end of fiscal year.
(a) Number of cafeterias: record R-S cafeteria facilities in
fiscal year.
(b) Number of snack bars: record R-S snack bar facilities in
fiscal year.
(c) Number of sundry or dry: record R-S sundry or dry facilities
in fiscal year.
(d) Number of vending machines: record R-S vending machine
facilities or locations in fiscal year.
2. Total number of prospective sites surveyed with State Licensing
Agency in fiscal year: record R-S sites surveyed on controlled
property (food and other concessions) in fiscal year.
3. Total number of feasible sites identified for future development:
record total number feasible sites for future development in
existing and new (construction) buildings.
4. Total estimated number of non-R-S facilities or concessions in
item 1 above, if available: record total number non-R-S
concessionaires on property controlled by the Federal Property
Managing Agencies (i.e., private/commercial contractors).
5. Total amount of vending machine income collected and processed by
DOE.
6. Dollar amount of vending machine income disbursed to the State
Licensing Agency in each State.
General Services Administration
Worldwide Real Property Inventory Annually FPMR Prepared by the
Reporting System (0315-GSA-Q4) 101-3.204 Office of
(a) Organization,
Resources and
Facilities
Management
using RPIS2
CHAPTER VII
REAL PROPERTY INVENTORY SYSTEM 2
1. APPLICABILITY. The following must be included in the Real Property
Inventory System 2:
a. All real property owned or controlled by DOE. This includes land
owned in fee, easements, leases, withdrawals from the public
domain, and transfers from other Government agencies. It also
includes licenses and permits if:
(1) The license or permit, in fact, conveys a leasehold interest
to DOE, such as a permit from another Federal agency; or
(2) The DOE constructs improvements on the land occupied by
permit or license, that is, adds structure or buildings, or
significant changes to the property itself.
b. Contractor real property transactions, including leases, which are
subject to the requirements of this Order, or which result in the
acquisition or construction of Department-owned property.
2. USER'S REFERENCE MANUAL. The User's Reference Manual is compiled and
distributed by the Director, Office of Information Resources
Management, and contains detailed information on procedures for data
entry and system operation. Copies can be obtained by requesting them
in writing from the Chief, Real Property Branch.
3. DATA ENTRY GUIDELINES. Only changes to the data base must be reported
or updated. The following guidelines detail when actions must be
reported:
a. Land (Fee or Easement).
(1) When the deed is recorded, if it is a voluntary sale;
(2) When the Declaration of Taking is filed, if it is an action
of condemnation; and
(3) If condemned without filing a Declaration of Taking, when the
final judgment is issued.
b. Transfers from Other Agencies. On the effective date of the
transfer, usually found in the letter from GSA transferring
accountability.
c. Withdrawals from the Public Domain. On the effective date of the
public land order (usually the date published).
d. Acquisition of Leasehold Interests, Permits, Licenses, and Other
Similar Actions. When executed.
e. Improvements to Land. New buildings, other structures or
facilities, capital improvements to existing improvements,
modifications of structures, and facilities or buildings shall be
reported within 30 days of beneficial occupancy by the Government.
Normally, the requirement is fulfilled when those responsible for
construction forward a construction completion report to the field
elements responsible for the inventory and to those responsible
for the Financial Information System. Recommended contents of a
construction completion report are contained in the detailed
policies and procedures for management of construction projects.
The exact procedures may vary at different field elements where
other techniques besides the construction completion report are
utilized to report real property.
4. DELETIONS.
a. Disposals of Fee Simple Title Interests. Property is deleted from
the inventory when title is conveyed to another party or
accountability is transferred to another Government agency.
Property reported as excess to GSA is reported in the inventory
until final disposition is made by GSA.
b. Disposals of Easements. Property interests are deleted from the
inventory when sold or transferred to another Government agency or
party, or when the instrument expires or is terminated. Leases
assigned to another party, whereby the assignee becomes liable for
all future costs and obligations under the lease, are deleted from
the inventory upon the effective date of the assignment.
c. Abandonments. Property is deleted from the inventory on date of
contract closeout.
d. Demolitions. If part of a new construction contract, demolitions
will be reported at the time the new construction is reported. If
only demolition is involved, the report is to be made within 30
days of acceptance by the Government or within 30 days of the time
the improvements are removed physically from the site (if sold for
offsite removal).
5. EXCEPTIONS. During the period from 10-1 through 10-31 of each fiscal
year, only entries from actions completed prior to 10-1 will be
permitted. This is necessary to allow for yearend closeout and
reconciliation with the Financial Information System.
CHAPTER VIII
SPACE UTILIZATION AND REPORTING
1. UTILIZATION.
a. DOE and DOE contractor controlled space shall be utilized as
efficiently as possible. Storage and special types of space will
be managed to assure optimum utilization. Office space will be
managed in accordance with FPMR, Temporary Regulation D-73 (FPMR,
TR D-73) or 41 CFR Part 101-17 when it is published as the Final
Rule in the Federal Register. This space management policy
applies to the categories of space as listed below:
(1) Space owned and leased by DOE; and
(2) Space leased by DOE contractors where the contractor is
subject to this Order (see page 1-22, paragraph 7c(4)).
b. Space assigned to DOE and DOE contractors by GSA must comply with
FPMR, TR D-73, and is subject to GSA utilization surveys conducted
to assure compliance. GSA will not take action on space requests
that are not in compliance unless they are fully justified.
2. REPORTING.
a. Space owned and leased by DOE, and space assigned to DOE by GSA,
must be reported annually to GSA and the Office of Management and
Budget on GSA Form 3530, "Work Space Management Plan and Budget
Justification (WSMP & BJ)."
b. Section 101-17.007 of FPMR, TR D-73, discusses the requirements
for preparing and submitting the report. GSA Form 3530 and
instructions for preparing the report are included in the FPMR, TR
D-73, Section 101-17.4902-3530.
c. Headquarters will annually submit a call to the DOE field elements
for the necessary information. The field element data are
required in Headquarters by the last workday in March each year.
d. FPMR, TR D-73, Section 101-17.007(g) requires the update of the
WSMP & BJ for the current year to reflect final budget decisions
prior to March 1 each year. Field elements, where reportable
changes occur, must submit their changes to the Chief, Real
Property Branch, by February 1 each year. No field call for this
information will be made by Headquarters.
3. NEW CONSTRUCTION REVIEWS. For new construction projects the following
reviews are to be conducted by the field element real estate staff:
a. The site plans for all new construction; and
b. The Titles I and II drawings for all new construction projects
that include office space.
CHAPTER IX
DELEGATIONS OF AUTHORITY
1. BACKGROUND.
a. Education and training programs to further staff development and
increase professionalism in the Department were outlined in
Secretary of Energy (SEN), SEN 11-89, SETTING THE NEW DOE COURSE,
of 9-15-89. To further this important goal, to assure that
properly trained, adequately experienced personnel are available
to review real estate actions for the Department, and to establish
clear lines of authority for real estate actions, a Real Estate
Certification Program is hereby established. With the effective
date of this Order, the delegations to the DOE Field Office
Managers and the Administrators of the Power Marketing
Administrations, which were contained in DOE 4300.1B, REAL
PROPERTY AND SITE DEVELOPMENT PLANNING, of 7-1-87, are canceled.
Future delegations for real property transactions will be through
the certification program or by direct delegations as described in
this Chapter.
b. This change applies only to the generic delegations for real
estate transactions in DOE 4300.1C. Any specific written
delegations issued prior to the effective date of this Order,
including the delegations of authority to approve title from the
Department of Justice and the delegations for specific leasing or
lease management actions from the Administrator of the General
Services Administration, remain in full force and effect until
they either expire by their own terms or are specifically
withdrawn in writing.
c. In no case is this program designed to eliminate line management
responsibility for facility-related decisions. Rather, it is
intended to further assure that there is a clear understanding of
who has the experience and training in a field element to provide
the required real estate input to the decisionmaking process, and
to assure that once the management decision has been made, that it
is carried out in a manner that meets requirements of Federal real
estate law, regulations, and good business practices. By formally
recognizing who are the trained, accountable real property
representatives of each office, it will assure that necessary real
estate input is included in decisions.
2. AUTHORIZING OFFICIALS WITHIN HEADQUARTERS. The authority of the
Secretary of Energy to take real estate actions, as the same are
defined in this Order, is redelegated to selected positions in
Attachment IX-1 Authority Levels in Headquarters of this Order. Those
positions listed in Attachment IX-1, may redelegate their authority, in
writing, to any Federal employee of the Department for a specific
transaction, or group of transactions, provided that they find in
advance that such redelegation is necessary for the successful conduct
of Departmental programs, that the Real Estate Certification Program
described in this Chapter is not adequate for accomplishing
programmatic purposes, and provided that such findings are reduced to
writing and concurred in by one higher level of authority.
3. DELEGATIONS THROUGH THE CERTIFICATION PROGRAM.
a. Except as noted above, redelegations to program officials in
Headquarters or to field elements will be through the Real Estate
Certification Program established in this Chapter. The Chief,
Real Property Branch, will issue certificates to qualified
individuals in four distinct areas of specialty: l Acquisition by
other than lease (Acquisition) 2 Leasing except for leases
executed under the delegation of lease acquisition authority from
GSA (Non-GSA Leasing), 3 Leasing under the delegation from GSA
(GSA Leasing), and 4 Land Management and Disposal.
b. To qualify for redelegation from the Chief, Real Property Branch,
an individual must meet the experience and education criteria
established in this Chapter.
(1) Experience. A minimum of 5 years of creditable experience in
the real estate field, at least 1 year of which is at the
journeyman level in the specialty area of delegation.
Journeyman level leasing experience will be credited in both
the GSA leasing and non-GSA leasing specialty, so that only 1
year of journeyman level experience is necessary for
certification in both specialties. Experience may be in the
public or the private sector. Experience as a GS 1170 Realty
Specialist or GS 1171 Appraiser will count as full credit
toward the experience requirement. Other experience will be
evaluated for its application to the realty specialist field
and credited on a full or partial basis as determined by the
Chief, Real Property Branch.
(2) Education. Education may be substituted for experience. One
hundred sixty classroom hours of approved classes will be the
equivalent of 1 year of journeyman level experience. A list
of courses will be maintained by the Real Property Branch and
furnished to all field elements. These courses will be
credited toward fulfillment of experience in appropriate
specialty areas. The courses will be annotated to indicate
the type of experience they will be credited toward; e.g.,
acquisition, leasing, or land management and disposal.
Courses may be nominated for the list by submission to the
Chief, Real Property Branch. Adequate information about the
course should be furnished to the Chief, Real Property
Branch, who will determine the appropriate credit and
appropriate specialty area for the class. Maximum credit for
any one course will be 40 classroom hours.
4. CERTIFICATION PROCESS.
a. Issuance. Certificates will be issued to Federal employees of the
Department meeting the qualification requirements in any or all of
the four specialty areas of real estate activity after review of a
request for such certification from the appropriate organization.
While the delegation is designed to meet field requirements for
real property actions, delegations may also be requested from
Headquarters employees meeting the requirements and having the
demonstrated need for the delegation. Requests should include
adequate information on training and experience to permit review
and evaluation. Employees so certified may authorize or contract
for real estate actions within that specialty and within the
limits of the delegations established in this Chapter. Such
authority may be redelegated, in whole or in part, by the
certificate holder to other Federal DOE employees, provided that
the redelegation is to a person who meets the qualification
requirements of this Order. Redelegation to non-DOE employees can
only be done with the approval of the Chief, Real Property Branch.
In no case may a certificate holder redelegate to individuals
outside his chain of command (i.e., the delegator's office must
have line management responsibility for the office in which the
delegatee is working). The qualification requirement of this
Chapter can only be waived by the Chief, Real Property Branch, by
the other Headquarters officials listed in Attachment IX-1, or by
the Secretary of Energy.
b. Term. Certificates will be issued for 5-year terms and will
require review and recertification at the end of the term.
Certificates will automatically terminate upon the resignation,
retirement, or transfer of the Certificate Holder to another
office that has no organizational responsibility for real estate.
In addition, the Chief, Real Property Branch can withdraw
certification at any time for cause. Certificates will be issued
to individuals, not positions.
5. AUTHORITY LEVELS FOR CERTIFIED REALTY SPECIALISTS. Subject to full
compliance with the requirements of this Order and policy directives
issued pursuant hereto, individuals certified in the appropriate
specialty area are authorized to contract for or approve the following
real estate actions:
a. Acquisition.
(1) Fee, except donations and exchanges: per tract price not to
exceed $500,000 and the price not to exceed 115 percent of
the approved appraised value of the property (i.e., not more
than 15 percent above).
(2) Permanent Easements: per tract price not to exceed $500,000
and the price not to exceed 115 percent of the approved
appraised value of the property.
(3) Temporary Easements: per tract price not to exceed $500,000
for the term, the term not to exceed 20 years, and the price
not to exceed 115 percent of the approved appraised value of
the property.
(4) Exchanges: The higher value property (acquired or disposed
of) not to exceed $500,000.
(5) Transfers from other Federal Agencies: Unlimited authority.
(6) Withdrawals from the Public Domain: Unlimited authority.
(7) Permits and Licenses: Unlimited authority.
(8) Settlements after condemnation proceedings are instituted:
per tract settlement not to exceed $500,000.
(9) Approval of Appraisals: While reviews from qualified review
appraisers may be obtained for any appraisal, personnel
certified for acquisition may approve appraisals that do not
exceed the following thresholds:
(a) Fee and Permanent Easements: Value estimates of $50,000
or less.
(b) Temporary Easements: Value estimates of $50,000 or less
for the term.
(c) Exchanges: Value estimates of $50,000 or less.
(d) Permits and Licenses: Value Estimates of $50,000 or
less for the term.
(10) Approval of Preliminary Real Estate Plans: All plans except
those which are part of a Major System Acquisition or a Major
Project.
b. Non-GSA Leasing.
(1) GSA Space Requests (SF-81 and related data): Unlimited
authority, if space request meets GSA space requirement
guidelines. Otherwise, it must be submitted to Headquarters
for approval.
(2) Contractor and DOE Leases: Price not to exceed $500,000 per
annum, lease term not to exceed 5-years firm, and price not
to exceed 115 percent of the appraised fair rental value for
the space.
(3) Lease Options: Price not to exceed $500,000 per annum, lease
term not to exceed 5-years firm, and price not to exceed 115
percent of the appraised fair rental value.
(4) Approval of Appraisals: While reviews from qualified review
appraisers may be obtained for any appraisal, personnel
certified for GSA or Non-GSA leasing may approve leasehold
appraisals that do not exceed $500,000 per annum.
c. GSA Leasing. Same authorities as acquisition by lease. The
reason for a separate delegation for GSA leasing is that the
delegation from GSA requires that all redelegation be to realty
specialists meeting the specific training requirements of the GSA
Acquisition Regulation. Those training courses required at this
time will be annotated on the listing of courses maintained by the
Real Property Branch.
d. Land Management and Disposal.
(1) Disposal of fee and permanent easements where GSA is the
disposal agent: Unlimited authority.
(2) Disposal of fee and permanent easements where DOE is the
disposal agent: Original acquisition cost, or fair market
value, whichever is greater, not to exceed $500,000.
(3) Temporary outgrants (licenses, permits, outleases, easements
for a term): Unlimited authority.
(4) Approval of 12512 Utilization Surveys: Unlimited authority.
(5) Annexation Decisions: Unlimited authority.
(6) Legislative Jurisdiction: Unlimited authority.
(7) Approval of Appraisals: While reviews from qualified review
appraisers may be obtained for any appraisal, personnel
certified for land management and disposal may approve
appraisals in the land management and disposal area that do
not exceed the field delegation threshold.
(8) Relinquishment of Withdrawals: Unlimited authority.
6. AUTHORITIES RETAINED IN HEADQUARTERS. In addition to actions exceeding
the certification level established in this Chapter, there is retained
at Headquarters the following authorities:
a. Approval of all donations to DOE.
b. Signature authority for Declarations of Taking.
c. Submission of lease prospectuses to Congress or to GSA for
submission to Congress.
d. Approval to make permanent improvements to non-Government land.
e. Use of section 161g of the Atomic Energy Act for sale or
outleasing of property.
f. Determinations of real versus personal property for modular
buildings outside the guidelines of this Order.
g. Determinations to vest title pursuant to Section 111 (b) of the
Energy Reorganization Act of 1974 (42 U.S.C. 5821 (b)).
7. HEADQUARTERS REVIEW. Real estate actions requiring Headquarters
approval shall be submitted to the Chief, Real Property Branch, a
minimum of 45 days prior to the field element's required action date.
AUTHORITY LEVELS IN HEADQUARTERS
The Chief, Real Property Branch, Real Property and Facilities Management
Division, Office of Project and Facilities Management, is delegated
authority to authorize actions or sign real estate contracts subject to the
following limitations:
Fee and Easement Acquisition: per tract price not to exceed $1 million.
Exchanges: The higher value property (acquired or disposed of) not to
exceed $1 million.
Approval of Standard Form 81's where GSA guidelines for space requirements
are exceeded.
Leases where the per annum rent does not exceed $1 million, except for
leases executed pursuant to the lease acquisition delegation from GSA.
Authority in Headquarters for GSA-delegated leasing is by separate letter
delegation.
Prospectuses for submission to Congress or to GSA.
Disposal of fee or permanent easement interest where DOE is the disposal
agent: original acquisition cost or estimated fair market value not to
exceed $1 million.
Approval of improvements to non-Government-owned land: estimated cost of
the improvements not to exceed $1 million.
Determinations of real versus personal property for modular buildings
outside the guidelines of this Order. Note that this also must be approved
by the Director of Property and Equipment Management.
Approval of appraisal reports, which are not reviewed by a qualified review
appraiser or not within the guidelines established in this Chapter for
review by certificate holders.
Designation of DOE employees as qualified review appraisers. Such
designations will be put in writing by the Chief, Real Property Branch, and
will enable the designated individual to exercise approval authority for
real property appraisals, regardless of value.
Settlements after condemnation proceedings are instituted: per tract
settlement not to exceed $1 million.
Approval of the use of section 161g of the Atomic Energy Act of 1954 for
the sale or outlease of property. This must also be approved by the Office
of General Counsel.
Determinations to vest title pursuant to Section 111 (b) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5821 (b)).
Approval of Preliminary Real Estate Plans.
All real estate actions, including those that exceed the limitations
specified for approval by the Chief, Real Property Branch, may be approved
by any of the following individuals:
Director, Real Property and Facilities Management Division;
Deputy Director, Office Of Information Resources Management;
Director, Office of Information Resources Management;
Director, Office of Administration and Human Resource Management; or
Under Secretary
Exceptions to this delegation are as follows:
Only the Secretary or the Under Secretary may sign Declarations of Taking
or Complaints in Condemnation or any other directive which institutes a
condemnation action.
Only the Secretary or the Under Secretary may authorize acceptance of a
donation of real property.
Only individuals meeting GSA's training requirements will be delegated
authority to sign leases under GSA's delegation of authority to the
Department of Energy. Such delegations within Headquarters will be by
letter delegation to qualified individuals.
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