41 C.F.R. Subpart G—Continued Occupancy, Relocation and Forced Moves
Title 41 - Public Contracts and Property Management
The answer is contingent upon whether the customer agency is in Federally owned or leased space. (a) Unless stated otherwise in the OA, a customer agency within a GSA controlled, Federally owned building has automatic occupancy rights at the end of the OA term for occupied space. However, a new OA must be negotiated. (b) In leased space, the OA generally reflects the provisions of the underlying lease and will specify whether or not renewal options are available. If the OA does not include a renewal option, customer agencies should assume relocation would be necessary upon OA expiration, and budget for it. Further, renewal options are not, in themselves, a guarantee of continued occupancy at that location. In some cases, the renewal rate is substantially above market or the option was not part of the initial price evaluation for the occupancy. In such cases, GSA may be required to run a competition for the replacement lease, and a relocation may ensue. Nonetheless, it is also possible that GSA may execute a succeeding lease with the incumbent lessor, in which case there is no move. (c) GSA and customer agencies should initiate discussions at least 18–20 months in advance of OA expiration to address an action for the replacement or continued occupancy of the existing space assignment. This allows both agencies time to budget for the work and the cost. A mutual goal of GSA and its customers is to have current OAs in place for all space assignments. However, provisions are necessary to cover the GSA and customer relationship if an OA expires prior to execution of a mutually desired succeeding agreement. Because the risks, liabilities, and consequences of a customer's continued occupancy depend on whether the assigned space is leased or Federally owned, different provisions in the following table apply: If the agency or GSA determines relocation is necessary at the expiration of an OA for either Federally owned or leased space, the customer agency is responsible for all costs associated with relocation at that time. If a GSA customer agency, or GSA, forces the relocation of another GSA customer agency prior to the expiration of the customer's OA, the “forcing” agency is responsible: (a) For all reasonable costs associated with the relocation of the agency being “forced” to move, including architectural-engineering design, move coordination and physical relocation, telecommunications and ADP equipment relocation and installation; (b) To GSA for all of the relocated agency's unpaid tenant improvements, if any; and (c) To the customer agency for the undepreciated amount of any lump sum payment that was already made by the agency for alterations. Yes, a customer agency forced to relocate can waive some or all of the reimbursements from the forcing agency that are prescribed in §102–85.215. However, a relocated customer agency cannot waive the requirement for the forcing customer agency to reimburse GSA for unpaid tenant improvements. If GSA is the “forcing” agency, it is responsible for the same costs as any other forcing customer agency. (a) In emergencies, swift remedies, including the possible relocation of a customer agency to alternate space, are required. The remedies may include requests for funding authorizations from OMB and Congress. GSA may serve as the central coordinator of such remedies. (b) Funding responsibility will vary by situation. If a customer agency is only temporarily displaced from its space, GSA typically covers the cost of temporary set-up in a provisional location. If the agency is obliged to relocate permanently, an OA will be prepared which will address all terms of the occupancy. In such cases, new tenant improvements will be constructed which can be amortized over the life of a new occupancy term, and a new Rent rate will be developed.
Title 41: Public Contracts and Property Management
PART 102–85—PRICING POLICY FOR OCCUPANCY IN GSA SPACE
Subpart G—Continued Occupancy, Relocation and Forced Moves
§ 102-85.200 Can customer agencies continue occupancy of space or must they relocate at the end of an OA?
§ 102-85.205 What happens if a customer agency continues occupancy after the expiration of an OA?
Holdover Tenancy_Customer Agency Responsibilities in the Event of Tenant Delay in Vacating Space------------------------------------------------------------------------ In leased space In federally owned space------------------------------------------------------------------------To pay those costs associated with lease To pay Rent as determined by contract, GSA fee, and damages/claims, GSA's pricing policy, as arising from changes in GSA contract described in this part, and costs which are caused by the tenant's those added costs to GSA delay. (claims, damages, changes, etc.) resulting from the tenant-caused delay.------------------------------------------------------------------------
§ 102-85.210 What if a customer agency has to relocate?
§ 102-85.215 What if another customer agency forces a GSA customer to move?
§ 102-85.220 Can a customer agency forced to relocate waive the reimbursements?
§ 102-85.225 What are the funding responsibilities for relocations resulting from emergencies?
