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any space for which an agency pays GSA directly. The Rent charge approximates commercial charges for comparable space and services.

§ 101-21.003-3 Standard levels of service.

Standard levels of service means those services provided as part of the Rent charge, depending upon the type of space occupied, and as defined in Subpart 101-21.3 ad 101–20.1 of this part.

§ 101-21.003-4 Special services.

Special services means those services that are not included in the standard level of services but are provided by GSA on a reimbursable basis upon request.

§ 101-21.003-5 Space and services.

Space and services means the combination of space occupied and the related services provided for that space.

Subpart 101-21.1-General

§ 101-21.101 Background.

The principal intent of section 210(d) of the Federal Property and Administrative Services Act of 1949, as amended is to promote greater efficiency and effectiveness in the use and management of Government-owned and -leased space. To this end, the assessment of charges that approximate commercial rates for comparable space and services will stimulate efficient space utilization, induce performance budgeting through the more realistic reporting of program costs, provide the basis for a responsible landlord-tenant relationship between GSA and other agencies, and establish a sound financial structure for the acquisition, construction, repair, alteration, maintenance, protection, and operation of real property.

§ 101-21.102 Applicability.

Rules and regulations in this part 101-21 apply to all agencies assigned space by GSA.

Subpart 101-21.2-Rent

§ 101-21.200 General.

This subpart prescribes the policies and procedures governing the estab

lishment of the Rent charge for space and services provided by GSA.

§ 101-21.201 Determination of rent.

(a) The Rent charge is established by GSA and approved by the Office of Management and Budget. The charge reflects approximate equivalent commercial rates for comparable space and services, and is based on the type, quality, and geographic location of the space provided. Rent charges are based on appraisals performed by professional appraisers every five years and updated in the intervening years by changes in the local Consumer Price Index (CPI). Adjustments for increases or decreases in service and utility costs in the area where the building is located are based on weighted averages of amounts expended by GSA.

(b) Rent charges for GSA-controlled space entering the inventory after budget estimates are provided to customer agencies, are developed by appraisal prior to the assignment of the space. Annual adjustments are made as previously explained in this section.

§ 101-21.202 Joint-use space.

In those buildings where GSA has assignment responsibility and there is joint-use space such as cafeterias, auditoriums, conference rooms, credit unions, visitor parking spaces not specifically assigned, and snack bars, each agency provided access to or use of the facilities occupying the joint-use space will be charged a pro rata share of the space costs based on the percentage of the space assigned.

§ 101-21.203 Exceptions.

In those buildings where GSA is responsible only for alterations, the charges for such alterations will approximate the cost incurred.

§ 101-21.204 Exemptions.

The Administrator of General Services may exempt any occupant from Rent if he determines that application of the charge would be infeasible or impractical. Requests for exemption must be made in writing to the Administrator.

§ 101-21.205 Space and services provided by other executive agencies. Any executive agency other than GSA that provides to anyone space and services is authorized to charge the occupant for the space and services at rates approved by the Administrator of General Services.

§ 101-21.206 Revision of rent rates.

GSA will review Rent rates annually to insure that they approximate commercial rates. Rates will be revised according to the criteria described in §101-21.201. GSA will not increase its rates without notification through the Budget Estimate process except in the case of gross errors. Even in this special case, affected agencies are entitled to an opportunity to budget for the increase, if the revised total Rent charge is higher than the amount shown initially in the budget estimate. Eighteen months notice is generally given for an agency to budget for the increased Rent charges.

§ 101-21.207 Annual projections.

Annual projections of space assignments and related services are prescribed to provide occupant agencies with accurate data necessary for budget submission. Procedures for annual projections are described in § 101-21.601.

Subpart 101-21.3-Standard Levels of Service

§ 101-21.300 General.

The levels of service included in Rent approximate those currently furnished in commercial practice. They are based on the effort required to service the occupant agency's space for a 5-day week (Monday to Friday), one-shift regular work schedule. Adequate building start-up services before the occupant agency starts the regular work schedule and shutdown services after the occupant agency ceases the regular work schedule, even though the working hours of the occupant agency may be staggered, will be provided by GSA. Space, automatic elevator systems, lights and small office and business machines may be used on an incidental basis 24 hours a day, 7 days a week without additional payment to GSA

where access by the occupant is available without additional cost to GSA.

§ 101-21.300-1 Flexitime.

Occupant agencies who extend their regular work schedule by a system of flexible hours shall reimburse GSA for the actual cost of the additional services required.

§ 101-21.301 Standard services for cleaning, mechanical operation, and maintenance.

Standard services for cleaning, mechanical operation, and maintenance shall be accomplished in accordance with the established GSA standards as cited in Subpart 101-20.1 of part 101.20 of this chapter.

§ 101-21.302 Other standard services.

GSA may provide additional services at appropriate levels and times that the Administrator of General Services determines to be necessary for efficient operations and proper servicing of space under the assignment responsibility of GSA.

§ 101-21.303 Space exempted from the standard levels of service.

The Administrator of General Services may exempt from the standard levels of service space for which, because of its limited square footage or functional use, application of the standard levels of service would be infeasible or impractical.

Subpart 101-21.4 Reimbursable Services

§ 101-21.401 Special services.

Special services not included in the standard levels of service are provided by GSA on a reimbursable basis. Funds for reimbursable services should be included in occupant agency budget submissions.

§ 101-21.402 Services performed by other agencies.

Agencies occupying space under the assignment responsibility of GSA that perform or contract for services normally provided for in the Rent levied by GSA will be reimbursed by GSA for the actual cost of services performed. The amount of reimbursement

will be limited to the cost of the services to GSA if GSA had provided them. Approval to perform or contract for such services must be obtained in advance from the appropriate GSA regional office.

Subpart 101-21.5-Funding Projects.

§ 101-21.501 GSA funding responsibility.

Projects for the construction or alteration of public buildings, or for the alteration of leased buildings, for which GSA is responsible will be financed from the Federal Buildings Fund.

§ 101-21.502 Funding responsibilities of other agencies.

(a) A department or agency may request an appropriation to cover the cost of the construction or acquisition of a facility defined as a public building in § 101-19.003-6 of this chapter when the Administrator of General Services has obtained the authorization therefor and concurs with the request, and approval has been given by the Office of Management and Budget. The construction or acquisition of the facility shall be performed by GSA.

(b) GSA shall, upon the request of a department or agency, construct, alter, or acquire buildings other than public buildings which are normally financed by other agencies upon condition that funds to cover the cost of the work shall be transferred or reimbursement shall be made to GSA.

(c) Each Federal agency shall be responsible for the financing of special use facilities and equipment not contemplated in the approved project.

Subpart 101-21.6 Billings, Payments, and Related Budgeting Information for Space and Services Furnished Furnished by the General Services Administration

§ 101-21.600 Applicability.

These rules and regulations apply to GSA and all agencies furnished space and related services by GSA.

§ 101-21.601 Budgeting information for rent.

(a) GSA provides to agencies summary level and detailed documentation in support of budgetary information it submits for the space and related services it furnishes. The documentation identifies organizations and organizational elements by an agency and bureau code numbering system.

(b) Federal agencies that require relocation of other agencies because of expanding space needs are responsible for funding.

(1) Moving, telecommunications, and related costs incurred by GSA in relocating displaced agencies and,

(2) above standard alterations comparable to their previously occupied space on a square foot by square foot basis and,

(3) Rent charges in excess of the amount budgeted by the displaced agency until such time (no more than 18 months) as the agency has had an opportunity to budget for the increase.

§ 101-21.602 Billing procedures for rent charges.

(a) Bills for Rent are normally rendered to the Central Office headquarters of each agency occupying space under the assignment responsibility of GSA. Under the OPAC (OnLine Payment and Collection), formerly SIBAC (Simplified Intragovernmental Billing and Collection) system, payment is to be processed at the level of organization within an agency which relates to a Treasury Department 8-digit station symbol. (Forms with references to SIBAC will continue to be used until stock is depleted.)

(b) Bills for charges applicable to current space assignments are rendered quarterly at the beginning of the quarter. The billing includes adjustments for billing errors and changes in space assignments made prior to or during the previous quarter. Documentation delineating billing errors and changes in space assignments are provided with bills.

(c) Agencies which have been assigned an 8-digit station symbol by the Treasury Department (OPAC agencies) are billed in accordance with the procedures prescribed by the Treasury Fiscal

Requirements Manual, Part VI, Chapter 5000. Non-OPAC, designated as BOAC (Billed Office Address Code) agencies, are billed on GSA Form 789, Statement, Voucher, and Schedule of Withdrawals and Credits (referenced in § 101-2.4902-789 of this chapter).

§ 101-21.602-1 Billing credits.

If an error in billing occurs, an adjustment may be requested through the applicable GSA Regional Office by letter, by GSA Form 2972 for OPAC Agencies, or by GSA Form 2992 for BOAC agencies. GSA applies a one year limitation standard to adjustment requests received by letter or by GSA Form 2972 or 2992. Adjustment requests must be received within one year from the date of the Rent bill.

§ 101-21.603 Budgeting information for reimbursable charges.

Concurrently with the Rent listings for the applicable budget year, GSA provides an estimate of increases in the cost of recurring reimbursable services through the budget year based on projections provided by the Office of Management and Budget. These may be used to escalate actual costs from current year or preceding year data. The use of this information is not mandatory.

§ 101-21.604 Billing procedures for reimbursable charges.

(a) Charges for reimbursable services are billed to the level of organization within an agency which relates to a Department of the Treasury assigned 8digit station symbol (OPAC agencies). This is accomplished under the On-Line Payment and Collection (OPAC) procedure. (See Treasury Fiscal Requirements Manual, Part VI, Chapter 5000.) BOAC (Billed Office Address Code) agencies are charged for reimbursable services by GSA billing directly to the agency paying office cited on the reimbursable work authorization request. (See §101-21.4901-2957, GSA Form 2957, Reimbursable Work Authorization.)

(b) GSA Form 789, Statement, Voucher, and Schedule of Withdrawals and Credits is used for billing purposes for BOAC agencies. (See illustration at § 101-2,4902-789 of this chapter).

for

for recurring reimbursable

(c) Rates charged above-standard-level services shall be fixed to recover the approximate cost incurred by GSA in providing such services. Recurring above-standard-level reimbursable

services are those recurring services, such as cleaning or utilities, which cannot readily be differentiated from the same type of services included in the standard level.

(d) The following basic types of reimbursable work are performed by GSA on a fixed price basis. The fixed price is the amount of the Reimbursable Work Authorization (RWA) which is the authorized amount:

(1) Non-recurring services performed above standard levels of service, such as out-of-cycle painting;

(2) Recurring services not included in the standard level for which a price can be established;

(3) Repairs and alterations in buildings not controlled by GSA;

(4) Special space alterations and adjustments performed by GSA in GSAoperated buildings, which are requested and financed by other agencies in accordance with §101-20.106, Reimbursable services, of this chapter; and

(5) Alteration projects up to the prospectus threshold.

(e) Where the amount of the RWA is less than $25,000, billing will occur at termination date. Other bills will be rendered at the customer's option, based on delivered orders either monthly or quarterly.

(f) RWAS above the prospectus threshold shall be performed on an actual cost basis. In special circumstances, when GSA and the ordering agency agree, non-prospectus alterations work may be performed on an actual cost basis. GSA will make every effort to obtain approval and certification of additional funds before incurring any obligations in excess of 10 percent of the authorized amount or $500, whichever is greater. However, failure of GSA to notify the agency that obligations will exceed the authorized amount, regardless of dollar amount, does not relieve the agency of paying in full the actual costs.

(g) A Reimbursable Work Authorization request (Form 2957 or other acceptable request) must be completed

and approved by GSA and an agency official certifying that he/she has the authority to order the services and commit the agency to payment.

(h) Bills for recurring above-standard level services are rendered in advance at an established cost equal to the estimated amount. This type of work authorization, with the right to cancel (subject to incurred costs and obligations) upon 60 days notice by either party must be completed and forwarded to GSA prior to the commencement of the period for which services are required. With the exception of recurring work authorizations for utilities, which GSA may limit to 3-month periods, each recurring type work authorization must authorize charges for the full period during the fiscal year that the services will be required. These work authorizations must always begin and end within the same fiscal year.

(i) Agencies shall be responsible for timely payment and resolving any billing problems regarding orders they place under GSA contracts.

[57 FR 44693, Sept. 29, 1992, as amended at 62 FR 27973, May 22, 1997]

§ 101-21.605 Payment procedures.

Payment of billings for space and services to OPAC agencies shall be in accordance with the procedures prescribed by the Treasury Fiscal Requirements Manual, Part VI, Chapter 5000. Billings for space and services to BOAC agencies shall be paid promptly by check or transfer document upon receipt of the billing document, in accordance with the GAO Manual for Guidance of Federal Agencies, title 7, Fiscal Procedures, Ch. 2, Sec. 7.3(b).

§ 101-21.606 Reviews and appeals.

(a) Agencies may at any time request a regional review of the measurement, classification, service levels provided, or charges assessed that pertain to the space assignment without resorting to formal procedures. Such requests do not constitute appeals and should be directed to the appropriate GSA regional office.

(b) Agencies may file formal appeals on the Rent assessed, but only when the charge assessed is in excess of the comparable commercial square foot rates by 20 per cent or one dollar per

square foot, whichever is greater, and when the quarterly Rent charge is in excess of the comparable commercial charge for that quality of space by $25,000. Formal appeals should be filed with the appropriate Regional Administrator. To determine if the Rent charge assessed is subject to appeal under this procedure, an agency is required to compare its assigned space with other space in the surrounding community that:

(1) is available in similar size blocks of space in a comparable location, (2) is the same type of space as defined by GSA,

(3) provides similar service levels as part of the charges,

[blocks in formation]

(5) represents a lease transaction completed at a similar point in time. Data from at least three comparable locations will be necessary to demonstrate a market trend sufficient to warrant revising a Rent rate. Agencies filing appeals must develop documentation supporting an appeal of the Rent charge assessed using the factors described in this paragraph.

(c) An appeal shall initially be filed by local agency officials with the appropriate GSA regional office and include all pertinent information and documentation supporting the need for the appeal. The GSA regional office will verify the data submitted and perform additional investigation as necessary. The GSA Regional Administrator will determine the validity of the appeal and will notify the appealing agency of his ruling.

(d) A further appeal may be filed by the agency's bureau level officials with the Commissioner, Public Buildings Service, GSA, if an equitable resolution has not been obtained from the initial appeal. The second stage appeal must provide supporting information justifying the continuation of the appeal.

(e) A head of an agency may further appeal to the Administrator of General Services only after the procedure to obtain prior resolution at the first two levels has been followed. Documentation of the procedure followed for prior resolution must accompany an appeal

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