[Code of Federal Regulations] [Title 41, Volume 3] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR102-73.5] [Page 170-172] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT CHAPTER 102--FEDERAL MANAGEMENT REGULATION PART 102-73_REAL ESTATE ACQUISITION--Table of Contents Subpart A_General Provisions Sec. 102-73.5 What is the scope of this part? Subpart A_General Provisions Sec. 102-73.5 What is the scope of this part? 102-73.10 What is the basic real estate acquisition policy? 102-73.15 What real estate acquisition and related services must Federal agencies provide? United States Postal Service-Controlled Space 102-73.20 Are Federal agencies required to give priority consideration to space in buildings under the custody and control of the United States Postal Service in fulfilling Federal agency space needs? Locating Federal Facilities 102-73.25 What policies must executive agencies comply with in locating Federal facilities? Historic Preservation 102-73.30 What historic preservation provisions must Federal agencies comply with prior to acquiring, constructing, or leasing space? [[Page 171]] Prospectus Requirements 102-73.35 Is a prospectus required for all acquisition, construction, or alteration projects? 102-73.40 What happens if the project exceeds the prospectus threshold? Subpart B_Acquisition by Lease 102-73.45 When may Federal agencies consider leases of privately owned land and buildings to satisfy their space needs? 102-73.50 Are Federal agencies that possess independent statutory authority to acquire leased space subject to requirements of this part? 102-73.55 On what basis must Federal agencies acquire leases? 102-73.60 With whom may Federal agencies enter into lease agreements? 102-73.65 Are there any limitations on leasing certain types of space? 102-73.70 Are executive agencies required to acquire leased space by negotiation? 102-73.75 What functions must Federal agencies perform with regard to leasing building space? 102-73.80 Who is authorized to contact lessors, offerors, or potential offerors concerning space leased or to be leased? 102-73.85 Can agencies with independent statutory authority to lease space have GSA perform the leasing functions? 102-73.90 What contingent fee policy must Federal agencies apply to the acquisition of real property by lease? 102-73.95 How are Federal agencies required to assist GSA? Competition in Contracting Act of 1984 102-73.100 Is the Competition in Contracting Act of 1984 (CICA) applicable to lease acquisition? Lease Construction 102-73.105 What rules must executive agencies follow when acquiring leasehold interests in buildings constructed for Federal Government use? Price Preference for Historic Properties 102-73.110 Must Federal agencies offer a price preference to space in historic properties when acquiring leased space? 102-73.115 How much of a price preference must Federal agencies give when acquiring leased space using the lowest price technically acceptable source selection process? 102-73.120 How much of a price preference must Federal agencies give when acquiring leased space using the best value tradeoff source selection process? Leases With Purchase Options 102-73.125 When may Federal agencies consider acquiring leases with purchase options? Scoring Rules 102-73.130 What scoring rules must Federal agencies follow when considering leases and leases with purchase options? Delegations of Leasing Authority 102-73.135 When may agencies that do not possess independent leasing authority lease space? Categorical Space Delegations 102-73.140 What is a categorical space delegation? 102-73.145 What is the policy for categorical space delegations? 102-73.150 What types of space can Federal agencies acquire with a categorical space delegation? Special Purpose Space Delegations 102-73.155 What is an agency special purpose space delegation? 102-73.160 What is the policy for agency special purpose space delegations? 102-73.165 What types of special purpose space may the Department of Agriculture lease? 102-73.170 What types of special purpose space may the Department of Commerce lease? 102-73.175 What types of special purpose space may the Department of Defense lease? 102-73.180 What types of special purpose space may the Department of Energy lease? 102-73.185 What types of special purpose space may the Federal Communications Commission lease? 102-73.190 What types of special purpose space may the Department of Health and Human Services lease? 102-73.195 What types of special purpose space may the Department of the Interior lease? 102-73.200 What types of special purpose space may the Department of Justice lease? 102-73.205 What types of special purpose space may the Office of Thrift Supervision lease? 102-73.210 What types of special purpose space may the Department of Transportation lease? 102-73.215 What types of special purpose space may the Department of Treasury lease? 102-73.220 What types of special purpose space may the Department of Veterans Affairs lease? [[Page 172]] Limitations on the Use of Delegated Authority 102-73.225 When must Federal agencies submit a prospectus to lease real property? 102-73.230 What is the maximum lease term that a Federal agency may agree to when it has been delegated lease acquisition authority from GSA? 102-73.235 What policy must Federal agencies follow to acquire official parking spaces? Subpart C_Acquisition by Purchase or Condemnation Buildings 102-73.240 When may Federal agencies consider purchase of buildings? 102-73.245 Are agencies required to adhere to the policies for locating Federal facilities when purchasing buildings? 102-73.250 What factors must executive agencies consider when purchasing sites? Land 102-73.255 What land acquisition policy must Federal agencies follow? 102-73.260 What actions must Federal agencies take to facilitate land acquisition? Just Compensation 102-73.265 Are Federal agencies required to provide the owner with a written statement of the amount established as just compensation? 102-73.270 What specific information must be included in the summary statement for the owner that explains the basis for just compensation? 102-73.275 Are Federal agencies required to compensate a property owner for the owner's buildings, structures, or other improvements that must be removed from the property being acquired? 102-73.280 What are Federal agencies' responsibilities to compensate a tenant for tenant-owned property when the tenant has the right or obligation to remove buildings, structures, or other improvements at the end of the term? 102-73.285 Are there any prohibitions when a Federal agency pays ``just compensation'' to a tenant? Expenses Incidental to Property Transfer 102-73.290 What property transfer expenses must Federal agencies cover when acquiring real property? Litigation Expenses 102-73.295 Are Federal agencies required to pay for litigation expenses incurred by a property owner because of a condemnation proceeding? Relocation Assistance Policy 102-73.300 What relocation assistance policy must Federal agencies follow? Authority: 40 U.S.C. 486(c); Sec. 3(c), Reorganization Plan No. 18 of 1950 (40 U.S.C. 490 note); Sec. 1'201(b), E.O. 12072, 43 FR 36869, 3 CFR, 1978 Comp., p. 213. Source: 67 FR 76823, Dec. 13, 2002, unless otherwise noted. The real property policies contained in this part apply to Federal agencies, including the General Services Administration (GSA)/Public Buildings Service (PBS), operating under, or subject to, the authorities of the Administrator of General Services.