553.170 Establishing and revising GSA forms.

553.171 Forms incorporated by reference.

Subpart 553.3-Illustrations of Forms

553.300 Scope of subpart.

AUTHORITY: 40 U.S.C. 486(c).

SOURCE: 54 FR 26584, June 23, 1989, unless otherwise noted.

553.101

Subpart 553.1-General

Requirements for use of forms.

(a) The requirements for use of GSA forms are explained in other parts of this regulation.

(b) The location in the text where a form is prescribed is identified by a cross-reference shown on the illustration of the form. When a form is mentioned in more than one place in this regulation, the section referenced on the illustration is the section where the basic prescription can be found.

553.102 Current editions.

Contracting officers shall use the current edition of the forms in Subpart 553.3 unless otherwise authorized under this regulation.

553.170 Establishing and revising GSA Forms.

(a) If two or more GSA services/offices use a GSA form, the Office of Acquisition Policy is responsible for maintaining the form. When a GSA form is used by a particular GSA serv

ice/office or if the form is used in connection with a type of contract which is unique to one service/office (e.g., construction contracts), that service/ office is responsible for maintenance of the form.

(b) Proposed new or revised GSA procurement related forms must be submitted to the Office of Acquisition Policy for review and concurrence.

553.171 Forms incorporated by reference.

Forms containing solicitation provisions and/or contract clauses may be incorporated by reference in solicitations/contracts.

The contracting officer shall insert a clause substantially the same as the clause at 552.253-70 in solicitations and contracts when GSA Forms containing solicitation provisions and/or contract clauses are incorporated by reference.

Subpart 553.3-Illustrations of Forms 553.300 Scope of subpart.

Standard and GSA forms prescribed or referenced in the text of this chapter are illustrated in and made a part of the GSAR loose-leaf edition. The forms are not illustrated in this volume of the FEDERAL REGISTER or Title 48, Chapter 5 of the Code of Federal Regulations. Copies may be obtained from the Director of the Office of GSA Acquisition Policy and Regulations (VP), 18th and F Streets, NW.,Washington, DC 20405.

Sec.

570.802 GSA forms.

AUTHORITY: 40 U.S.C. 486(c).

SOURCE: 54 FR 26585, June 23, 1989, unless otherwise noted.

Subpart 570.1-General

570.101 Applicability.

(a) This part does not apply to the acquisition of leasehold interests in real property by the power of eminent domain, or by donation, or to the acquisition of leasehold interests in bare or unimproved land.

(b) Other parts of the GSAR apply to the acquisition of leasehold interests in real property only to the extent specified in this part and 501.103(b).

570.102 Definitions.

“Acquisition” means the acquiring by lease with appropriated funds of an interest in improved real property for use by the Federal Government whether the space is already in existence or must be constructed. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, market survey, solicitation, award of lease, lease performance, lease administration, and those technical and management functions directly related to the process of fulfilling agency space needs by contract. "Contract" means lease. "Contractor" means lessor.

"Fair Rental" means the amount of the rental that reasonably can be expected to be paid for the lease of real property as established by competition and/or by a value estimate based on accepted real property appraisal procedures.

"Landlord" or "lessor" means any individual, firm, partnership, trust, association, state or local government, or other legal entity that leases real property to the Government.

"Lease" or "leasehold interest in real property" means a conveyance to the Government of the right of exclusive possession of real property for a definite period of time by a landlord. It may include services provided by the landlord such as heating, ventilation, air conditioning, utilities, custodial

services, and other related services furnished by the landlord.

"Lessee" or "tenant" means the United States of America.

"Rent and related services" means the consideration paid for the use of leased property plus the costs of operational services such as heat, light, and janitor services whether furnished by the lessor, the Government, or both.

"Small business" means a concern including affiliates, which is organized for profit, is independently-owned and operated, is not dominant in the field of leasing commercial real estate, and has annual average gross receipts of $10 million or less for the preceding three fiscal years.

"Solicitation

for Offers (SFO)" means invitation for bids in sealed bidding or request for proposals in negotiations.

"Space in buildings" means the premises leased, or to be leased, including improvements. Its quantity is normally expressed in terms of square feet. It does not include space acquired by the power of eminent domain, donation, or condemnation or acquisitions of bare or unimproved land.

"Substantially as follows" or "substantially the same as," when used in the prescription of a provision or clause, means that authorization is granted to prepare and utilize a variation of that provision or clause to accommodate requirements that are peculiar to an individual acquisition, proIvided that the variation includes the salient features of the FAR/GSAR provision or clause, and is not inconsistent with the intent, principle, and substance of the FAR/GSAR provision or clause or related coverage on the subject matter.

570.103 Authority to lease.

The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(h)(1)), as amended, and Section 1 of the Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 Note) authorize the Administrator of General Services to acquire leasehold interests in real property for use by Federal agencies. The authority is limited to leases for buildings and improvements that do

570.104 Contracting officers.

(a) Contracting officers, acting within the scope of their appointments, are the exclusive GSA agents to enter into and administer leases on behalf of the Government in accordance with agency procedures.

(b) The contracting officer shall perform, or have performed, all administrative actions necessary for effective contracting.

570.105 Competition.

(a) The competition requirements of FAR Part 6 and Part 506 apply to the acquisition of leasehold interests in real property.

(b) Contracts for leasehold interests in real property must be awarded through the use of competitive procedures (sealed bidding or negotiation), unless the use of other than full and open competition is permitted by one of the exceptions in FAR 6.302.

(c) The acquisition of space in buildings through other than full and open competition must be held to the smallest number practicable and be justified in writing and approved in accordance with FAR 6.303, 6.304, and 506.304.

570.106 Methods of contracting.

(a) The use of sealed bidding to acquire space in buildings is generally not feasible, unless a building site has been preselected and a building is to be constructed on the site in accordance with Government furnished plans and specifications for lease to the Government. When using sealed bidding, see the procedures in FAR Part 14 and Part 514.

(b) The negotiated method is normally the best suited for acquiring space in buildings through a lease contract because it is necessary to conduct discussions with offerors about their proposals and factors other than price must be considered in making the award.

Contracting for Leasehold Inter

ests of 10,000 Square Feet or More

570.201 Market surveys.

A market survey must be conducted by Government employees or by contractor personnel for every acquisition. The market survey must include:

(a) Solicitation of information on the availability of space through the use of circulars or newspaper advertisements and consultations (telephonically or in person) with realtors, brokers, owners, and others, as appropriate.

(b) An inspection of available locations that appear to meet the minimum requirements regarding quantity, quality, availability, and probable cost, unless a justification for use of other than competitive procedures has been approved. Results of inspections must be documented.

570.202 Advertising.

(a) Requirements for blocks of space of 10,000 or more square feet must be publicized in local newspapers and/or periodicals unless exempt under FAR 5.202 or 505.202.

(b) When the Government intends to acquire a leasehold interest in a building to be constructed on a preselected site, the proposed acquisition must be synopsized in the Commerce Business Daily (CBD).

(c) See FAR Part 5 and Part 505 for further information on advertising and synopsizing.

570.203 Solicitation for offers (SFO).

(a) The SFO is the basis for the entire lease negotiation process and must be made a part of the lease. SFO's must contain the information necessary to enable the prospective offeror to prepare a proposal. Each solicitation, as a minimum, must:

(1) Be in writing.

(2) Contain a description of the minimum requirements of the Government, including:

(i) A description of the required

space.

(ii) Specifications. The type of specification will depend upon the nature

of the space needed by the agency and the market available to satisfy the needs. Specifications may be stated in terms of function, performance, or design requirements. The specification must be drafted to promote full and open competition and include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the agency or as authorized by law.

(iii) Any special requirements.
(iv) A delivery schedule.

(3) Describe the method used to measure space.

(4) Specify a date and place for the submission of offers.

(5) Indicate whether offers will be evaluated based on the initial lease term, or on the full term (initial term plus options).

(6) Require offers to be submitted on an annual rate per square foot basis for the amount of space offered.

(7) Identify all factors, including price or cost, and any significant subfactors that will be considered in awarding the lease and state the relative importance the Government places on those evaluation factors and subfactors. Numerical weights, which may be employed in the evaluation of proposals, need not be disclosed in solicitations. The solicitation must inform offerors of minimum requirements that apply to particular evaluation factors and significant subfactors.

(i) Offers will be reduced to an annual rental rate per square foot for the amount of space offered.

(ii) When different types of space are solicited, the lowest offer as to price will be determined on the basis of the composite square foot rate per year for the total amount of space offered.

(iii) When lump sum payments for initial tenant alterations are solicited, the lowest offer as to price will be determined by adding the annualized lump sum amount to the annual square foot rental rate (or the composite square foot rate). The lump sum amount will be annualized by dividing the lump sum by the number of years in the term (initial plus options) and dividing by the square footage offered. (iv) The other factors that will be considered in evaluating proposals

should be tailored to each acquisition and include only those factors that will have an impact on the award decision. The evaluation factors that apply to an acquisition and the relative importance of those factors are within the broad discretion of the contracting officer. However, price or cost to the Government must be included as an evaluation factor in every case. Other evaluation factors that may apply to a particular acquisition are the availability of public transportation, the availability of adequate food service within a reasonable distance, the neighborhood and building quality, the availability of daycare and physical fitness facilities, and any other relevant factors.

(8) Include provisions and clauses substantially the same as those listed on the matrix at 552.370 when the prescription for use of the provision or clause requires its use. The omission of any provision or clause when its prescription requires its use constitutes a deviation which must be approved under Subpart 501.4. Approval may be granted to deviate from provisions or clauses that are mandated by statute (e.g. FAR 52.203-5, Covenant Against Contingent Fees, FAR 52.203-1, Officials Not to Benefit, FAR 52.215-1, Examination of Records by the Comptroller General, etc.) in order to modify the language of the provision or clause. However, the statutory provisions and clauses may not be omitted from the SFO unless the statute provides for waiving the requirements of the provision or clause.

(9) Include appropriate forms as prescribed in Subpart 570.8.

(b) The SFO must be released to all prospective offerors at the same time. (c) A reasonable number of extra copies of SFO's should be maintained at the issuing office in order to respond to individuals and firms requests for the SFO.

570.204 Changes to SFO's.

(a) When the Government's requirements change (either before or after receipt of proposals), the solicitation must be amended in writing.