The real property policies contained in this part apply to Federal agencies, including the GSA/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.
The Administrator of General Services may delegate and may authorize successive redelegations of the real property authority vested in the Administrator to any Federal agency.
Delegations must be in the Government’s best interest, which means that GSA must evaluate such factors as whether a delegation would be cost effective for the Government in the delivery of space.
Federal agencies must exercise delegated real property authority and functions according to the parameters described in each delegation of authority document, and Federal agencies may only exercise the authority of the Administrator that is specifically provided within the delegation of authority document.
The basic types of GSA Delegations of Authority are:
(a) Delegation of Leasing Authority;
(b) Delegation of Real Property Management and Operation Authority;
(c) Delegation of Individual Repair and Alteration Project Authority;
(d) Delegation of Lease Management Authority (Contracting Office Representative Authority);
(e) Delegation of Administrative Contracting Officer (ACO) Authority;
(f) Delegation of Real Property Disposal Authority;
(g) Security Delegation of Authority; and
(h) Utility Services Delegation of Authority.
Delegations related to real estate leasing include the following:
(a) Categorical space delegations, Agency special purpose space delegations, and delegations to specific agencies for certain space and lands outside urban areas (see 102-73.135 of this title).
(b) The Administrator of General Services has issued a standing delegation of authority (under a program known as “Can’t Beat GSA Leasing”) to the heads of all Federal agencies to accomplish all functions relating to leasing of general purpose space for terms of up to 20 years regardless of geographic location. This delegation includes some conditions Federal agencies must meet when conducting the procurement themselves, such as training in lease contracting and reporting data to GSA.
(c) An Administrative Contracting Officer (ACO) delegation, in addition to lease management authority, provides Federal agencies with limited contracting officer authority to perform such duties as paying and withholding lessor rent and modifying lease provisions that don’t change the lease term length or the amount of space under lease.
When Federal agencies don’t exercise the delegation of authority for general purpose space mentioned in 102-72.30(b), GSA may consider granting an ACO delegation when Federal agencies:
(a) Occupy at least 90 percent of the building’s GSA-controlled space or Federal agencies have the written concurrence of 100 percent of rent-paying occupants covered under the lease; and
(b) Have the technical capability to perform the leasing function.
Facility management delegations give Executive agencies authority to operate and manage buildings day to day, to perform individual repair and alteration projects and manage real property leases.
The principal types of delegations involved in the management of facilities are:
(a) Real property management and operation authority;
(b) Individual repair and alteration project authority; and
(c) Lease management authority (contracting officer representative authority).
With this delegation, Executive agencies have the authority to operate and manage buildings day to day. Delegated functions may include building operations, maintenance, recurring repairs, minor alterations, historic preservation, concessions, and energy management of specified buildings subject to the conditions in the delegation document.
An Executive agency may be delegated real property management and operation authority when it:
(a) Occupies at least 90 percent of the space in the Government-controlled facility or has the concurrence of 100 percent of the rent-paying occupants to perform these functions; and
(b) Demonstrates that it can perform the delegated real property management and operation responsibilities.
With this delegation of authority, Executive agencies have the responsibility to perform individual repair and alterations projects. Executive agencies are delegated repair and alterations authority for reimbursable space alteration projects up to the simplified acquisition threshold, as specified in the GSA Customer Guide to Real Property.
Executive agencies may be delegated repair and alterations authority for other individual alteration projects when they demonstrate the ability to perform the delegated repair and alterations responsibilities and when such a delegation promotes efficiency and economy.
When an Executive agency does not exercise the delegation of authority mentioned in 102-72.30(b) to lease general purpose space itself, it may be delegated, upon request, lease management authority to manage the administration of one or more lease contracts awarded by GSA.
An Executive agency may be delegated lease management authority when it:
(a) Occupies at least 90 percent of the building’s GSA-controlled space or has the written concurrence of 100 percent of rent-paying occupants covered under the lease to perform this function; and
(b) Demonstrates the ability to perform the delegated lease management responsibilities.
With this delegation, Executive agencies have the authority to utilize and dispose of excess or surplus real and related personal property and to grant approvals and make determinations subject to the conditions in the delegation document.
While disposal delegations to Executive agencies are infrequent, GSA may delegate authority to them based on situations involving certain low-value properties and when they can demonstrate that they have the technical expertise to perform the disposition functions. GSA may grant special delegations of authority to Executive agencies for the utilization and disposal of certain real property through the procedures set forth in Part 102-75, subpart F of this chapter.
With a security delegation, Executive agencies have the authority and responsibility to protect persons and property at the locations identified in the delegation document.
Executive agencies may be delegated security authority when any of the following conditions exist:
(a) A clear and unique security requirement;
(b) A critical national security issue;
(c) An intelligence or law enforcement mission; or
(d) The current security contractor is ineffective.
With this delegation, Executive agencies have the authority to negotiate and execute utility services contracts for periods over one year but not exceeding ten years for their use and benefit. Agencies also have the authority to intervene in utility rate proceedings to represent the consumer interests of the Federal Government, if so provided in the delegation of authority.
Executive agencies may be delegated utility services authority when they have the technical expertise and adequate staffing.