Section 4-1: Assignment and Utilization of Space

4-1-00 Policy

10 Procedures

20 Guidance and Information

30 (Reserved)

4-1-00 Policy

HHS and OPDIVs, when acquiring or utilizing federally owned and leased
space under the Federal Property and Administrative Services Act of
1949, as amended, must:

-   promote the optimum use of space for each assignment at an
    economical cost to the Government, provide quality workspace that is
    delivered and occupied in a timely manner, and assign space based on
    mission requirements;

-   provide assignment and utilization services that will maximize the
    value of Federal real property resources and improve the
    productivity of the workers housed therein;

-   provide a quality workplace environment that supports program
    operations, preserves the value of real property assets, meets the
    needs of the occupant agencies, and provides childcare and physical
    fitness facilities in the workplace when approved;

-   promote maximum utilization of Federal workspace, consistent with
    mission requirements, to maximize its value to the Government; and

-   track the percent facility utilization at the constructed asset
    level in accordance with current FRPC guidelines for this
    performance measure.

Where there is no Federal agency space need, executive agencies must
make every effort to maximize the productive use of vacant space through
the issuance of permits, licenses, or leases to non-federal entities to
the extent authorized by law. All proposals for acquisition of space
including office, laboratory, animal research, hospital, clinic,
warehouse, etc, and/or HHS joint use space will require prior approval
from OFMP.

A. general hierarchy of consideration that HHS and OPDIVs must follow in
their utilization of space

1.  First, utilize space in Government-owned and Government-leased
    buildings.

2.  If there is no suitable space in Government-owned and
    Government-leased buildings, utilize space in buildings under the
    custody and control of the U.S. Postal Service.

3.  If there is no suitable space in buildings under the custody and
    control of the U.S. Postal Service, agencies may acquire real estate
    by lease, purchase, or construction.

4.  Federal agencies must assume responsibility for the preservation of
    the historic properties they own or control. Prior to acquiring,
    constructing or leasing buildings, agencies must use, to the maximum
    extent feasible, historic properties already owned or leased by the
    agency (16 U.S.C. 470h-2).

B. Maximum Utilization Rate for Office and Related Space[^1]

HHS provides the following policy to all OPDIV and STAFFDIV components
which acquire office and related space, either directly by lease,
construction, or purchase, or through GSA or other existing facilities.
The maximum space allowable for planning and occupancy purposes is 215
useable square feet (as defined by the Building Owners and Managers
Association) per person on average. Persons are defined as budgeted FTEs
and contractors on-site, including vacancies for which recruitment has
been approved. This standard refers to total space (office plus
associated storage and special space) and applies to all acquisitions,
as well as to new construction and renovations. It does not include
building and floor common areas (public elevators, lobbies, corridors,
restrooms) or GSA or HHS joint use areas. No private office shall exceed
350 usf.

For the purpose of this policy, "Special Space" includes the following:
LAN room, break/kitchen rooms, telephone rooms or closets, copy rooms,
reception areas, libraries (not staffed), training rooms (not staffed),
and meeting rooms.

HHS Joint Use applications may include the following (with prior
justification and approval): cafeterias/vending stands, day care
facilities, health units, data centers (shared by installation), fitness
centers, travel offices, credit unions, conference centers (shared by
installation), training centers (staffed full time), libraries (staffed
full time), and printing and reproduction units (staffed full time).

C. Exceptions

An exception to this maximum utilization rate are acquisitions of field
office space for 5 or fewer employees in cases where no blocks of space
are offered which meet the requirement after all competitive procedures
are exhausted. Other HHS offices in the area, if any, shall first be
contacted to see if space which will accommodate the requirement is
already under lease.

Offices over 250 usf are reserved to OPDV heads or equivalents, or
Departmental level officials (Deputy Assistant Secretary or higher).

D. Tribally operated facilities

This policy is not applicable to Tribally Operated Facilities.

4-1-10 Procedures

Request for Space

Requests for approval to acquire space must be explained in a memo to
OFMP. Additionally the requesting office shall provide physical security
information on any property under consideration so that OS can evaluate
the adequacy of physical security provisions. If an approved acquisition
later requires additional space due to building characteristics
discovered during design and layout, approval of the OFMP is required
before taking action to acquire the additional space.

4-1-20 GUIDANCE AND Information

HHS supports GSA's Integrated Workplace (IW) Program goal to \"maintain
a world-class workforce and world-class workplace,\" in order to promote
development of high-performance workplaces that:

-   meet HHS and OPDIV business needs;

-   are best suited to their employees work functions; and

-   can be readily adapted to accommodate new work practices and
    strategies while minimizing expense and delay.

High-performance workplaces are those that are developed in a
sustainable way using an integrated process for their design,
construction, and operation. GSA has developed the \"Hallmarks of the
Productive Workplace\" to describe the important characteristics of such
workplaces: spatial equity, healthfulness, flexibility, comfort,
connectivity, reliability, and sense of place.

A. HALLMARKS OF THE PRODUCTIVE WORKPLACE

[Spatial Equity]{.underline}: Workspace provides adequate privacy,
daylight, and access to views for all.

[Healthfulness]{.underline}: The workplace is free of harmful
contaminants and excessive noise.

[Flexibility]{.underline}: Workspace can be quickly and inexpensively
reconfigured to accommodate organization, work process, and
technological changes.

[Comfort]{.underline}: People can adequately adjust their personal
working environment -- including temperature, lighting, acoustics, and
furniture -- to meet their needs.

[Technological Connectivity]{.underline}: There is good communication
and information access among distributed co-workers.

[Reliability]{.underline}: Building, security, computer, and
telecommunication systems provide reliable service with minimal
disruptions.

[Sense of Place]{.underline}: The workplace has a unique character,
enabling a sense of pride, purpose, and dedication for both the
individual and the workplace community.

The Integrated Workplace is a comprehensive design approach to assist in
creating workplaces that address the "Hallmarks of a Productive
Workplace," and that integrate business plans, user needs, and space
planning into an effective strategy for developing workspace and
alternative strategies tailored to the specific needs of each individual
and group within an organization. The basic elements of the integrated
workplace are the people who use it, the space that houses them, and the
work strategy, technology, and process tools that enhance productivity.
Workplaces that engage these essential elements have been shown to
increase the health and satisfaction of those using them, and to provide
better value to the organization over their useful life.

B. ADDITIONAL AUTHORIZED SPACE ALLOCATIONS

1.  Child Care Centers

> In accordance with 40 USC 590b, Federal agencies can allot space in
> Federal buildings to individuals or entities that will provide
> childcare services to Federal employees if:

a.  Such space is available;

b.  HHS and OPDIVs determine that such space will be used to provide
    child care services to children of whom at least 50 percent have one
    parent or guardian who is a Federal Government employee; and

c.  HHS and OPDIVs determine that such individual or entity will give
    priority for available childcare services in such space to Federal
    employees.

> 2\. Fitness Centers
>
> In accordance with 5 USC 7901, Federal agencies can allot space in
> Federal buildings for establishing fitness programs. The following
> elements must be addressed in planning efforts to establish fitness
> programs:

a.  A survey indicating employee interest in the program;

b.  A three-to five-year implementation plan demonstrating long-term
    commitment to physical fitness/health for employees;

c.  A health related orientation, including screening procedures,
    individualized exercise programs, identification of high-risk
    individuals, and appropriate follow-up activities;

d.  An approach that will consider key health behaviours related to
    degenerative disease, including smoking and nutrition;

e.  A modest facility that includes only the essentials necessary to
    conduct a program involving cardiovascular and muscular endurance,
    strength activities, and flexibility; and

f.  Provision for equal opportunities for all employees, regardless of
    gender or grade level.

> HHS entities must conduct a cost analysis to determine the competitive
> cost of providing a fitness center verses subsidizing employee
> memberships at outside facilities.
>
> 3\. Federal Credit Unions
>
> In accordance with 12 USC 1770, Federal agencies may allot space in
> Federal buildings to Federal credit unions without charge for rent or
> services if:

a.  At least 95 percent of the membership of the credit union to be
    served by the allotment of space is composed of persons who either
    are presently Federal employees or were Federal employees at the
    time of admission into the credit union, and members of their
    families; and

b.  Space is available.

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4.  Federal Employee Health Units

> The provision for establishing health programs for Federal employees
> is contained in P.L. 7-658 (5 USC 7901). The Act provides that
> employee health programs shall be established only after consulting
> with the Division of Federal Occupancy and Beneficiary Health Services
> Health Resources and Services Administration (HRSA), and consideration
> of its recommendations, and only in localities where there is a
> sufficient number of Federal employees to warrant the provision of
> such services.
>
> Space for a full-time formally organized health program may be
> provided in buildings where the number of Federal employees to be
> served exceeds 300.

5.  Concessions

> Concessions activities are those that sell a commodity or perform a
> service at an established price. These include but are not limited to:
> barber and beauty shops, taxi stands, vending stands and machines,
> commissaries, mobile vending stands, canteens, soda fountains, lunch
> counters, and cafeterias.

a.  It is HHS policy to provide for concessions, which are both
    convenient and beneficial for employees and patients, and that are
    likely to increase employee morale and efficiency. OPDIVs will
    determine whether concessions are needed and feasible by the
    following criteria:

    1.  Sufficient funds must be available to defray any cost for which
        the Government will be responsible for under contractual
        agreement.

    2.  Sufficient and satisfactory space, not required for official
        purposes, must be available for the concession.

    3.  The concession must operate in accordance with applicable
        safety, health, and sanitations codes and regulations.

    4.  The commodities and services sold shall be limited to those that
        are beneficial for employees and patients that cannot easily be
        obtained from existing facilities.

    5.  Each concession shall be required to serve all Federal employees
        or patients without regard to their religion, race, color, sex,
        age, or national origin.

b.  In granting permission to operate concession-type activities,
    consideration will be given in the following order:

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(1) Activities involving the rehabilitation and therapy of patients
    under Sections 341-346 of the PHS Act, as amended, 42 USC § 257-261,
    the employment of Indian labor and selling of products of and
    selling of products of Indian Industry under the provision of Buy
    Indian Act, as amended, 25 USC § 47, and the operation of vending
    facilities for the blind under the Randolph-Shepard Vending Stand
    Act, as amended, 20 USC § 107 et. seq.

(2) Activities of HHS Employee Associations.

(3) Uses by private individuals and organizations.

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c.  Commissaries and similar enterprises involving the use of HHS
    facilities for the sale of groceries, household goods, appliances,
    and any other commodity to employee will not be established at any
    installation unless it is isolated or remote and extreme hardship
    would result if such activities were not permitted. The OPDIV shall
    submit a statement justifying the need for the commissary to OFMP
    prior to establishing the commercial activity. The statement shall
    include information on the availability of foodstuffs and other
    supplies, transportation problems (goods and services), special
    living allowances, and other pertinent information.

> The OPDIV responsible for the installation must ensure that applicable
> regulations are complied with and that proper conduct is maintained at
> each concession. In particular, the OPDIV must ensure that operations
> are conducted in conformance with the terms and conditions of the
> agreement, applicable Federal, state and local regulations for safety,
> health, and sanitation, and such other operating standards as may be
> issued.
>
> Unless otherwise stipulated in the agreement, the Concessionaire shall
> provide as follows:

(1) All equipment shall be in good condition and operating efficiently.

(2) Space preparations and subsequent alterations required for the
    installation and operation of concession, and cost entailed in
    removal of equipment, restoration of premises, etc., upon
    termination of the agreement.

(3) Cleaning of the area in an acceptable manner. If the Government
    provides cleaning and related services, the Concessionaire shall
    reimburse the Government at actual cost when known, otherwise at a
    cost estimated by the OPDIV.

(4) Reimbursement for utilities such as heat, light, power, telephones,
    etc. as determined by the OPDIV, based on separately metered or
    estimated consumption.

> The Concessionaire shall comply with the Equal Opportunity Clause
> prescribed by E.O. 11246 and "Rules of Conduct on Federal Property" as
> set forth in the FMR.
>
> A Contracting Officer must sign the concession agreement, entered into
> in accordance to the FAR.

6.  Vending Stands for the Blind

> The Randolph Sheppard Vending Stand Act (20 USC § 107 et seq.)
> provides priority for blind persons in the location and operation of
> vending facilities on Federal property. It also directs the assignment
> of vending machine income and establishes certain State Licensing
> Agency responsibilities for effective management of the vending
> facility program for the blind in each state.
>
> Blind persons licensed by state licensing agencies designated by the
> Secretary of Education, under the provisions of the Act, shall be
> given preference in the operation of vending facilities on any HHS
> controlled property. Any limitation on the location or operation of a
> vending facility by a blind vendor, based on the finding that such
> location or operation would adversely affect the interest of HHS or
> its OPDIVs, shall be fully justified in writing to the Secretary of
> Education, who shall determine if such limitation is warranted. A
> decision made by the Secretary concerning such limitation shall be
> binding and shall be published in the Federal Register.
>
> Consideration shall be given to the inclusion of vending facilities in
> the planning for construction, substantial alterations, or renovations
> of buildings, and in leasing of space when the population of the
> building is sufficient to support such facilities. Where it is
> determined that vending machines are to be installed on leased
> property, the necessary approval of the lessor shall be obtained prior
> to the approval of the U.S. Department of Education.
>
> The appropriate State Licensing Agency shall be provided with written
> notice of HHS or OPDIV intention to acquire additional properties
> where 100 or more Federal employees will be occupying the space during
> normal working hours. In actions meeting the notice requirement, HHS
> shall offer a satisfactory site. See 34 CFR 395.31(c) and (d).
>
> The permit shall be issued in the name of the applicant State
> Licensing Agency, shall prescribe such procedures as necessary
> pursuant to 34 CFR 395, and shall be for an indefinite term. No charge
> will be made to the State Licensing Agency for use of government
> furnished space, or for the maintenance and repair of building
> structure in and adjacent to the vending stand areas. This includes
> painting and decorating, utilities required to operate the vending
> stands and vending machines, and other related building services in
> accordance with normal levels of service.
>
> The State Licensing Agency is responsible for purchase, installation,
> maintenance, repair, replacement, servicing, and removal of all
> vending facility equipment. It is also responsible for cleaning
> necessary for sanitation over and above the standard level of service,
> and the maintenance of vending facilities and vending machines in an
> orderly condition at all times.
>
> In granting approval to designated licensing agencies, or by contract
> with others, such as a necessary basic food service operation, the
> Department of Education regulations (34 CFR 395) should be followed.
> It is the responsibility of the OPDIV to determine whether a vending
> machine on the property is in direct competition with a vending
> facility operated by a blind vendor, subject to the concurrence of the
> State Licensing Agency.

Section 4-2: Parking Management

4-2-00 Policy

10 Procedures

20 Guidance and Information

30 (Reserved)

4-2-00 Policy

Parking facilities shall be in accordance with 41 CFR 102-74.265 through
41 CFR 102-74.310 and shall be compatible with the character of the
neighborhood and consistent with local planning requirements. They shall
not adversely affect the use or appearance of the property, and shall
not create traffic hazards. HHS and its OPDIVs are not required to
provide parking for employees; however, HHS and OPDIVs may do so as a
convenience and reduce the impact on public and private parking
facilities and streets. The number of spaces provided at any HHS
facility should correspond to the availability of private and public
parking, public transportation, and the extent to which
carpools/vanpools may be feasible.

Tribally operated facilities

This policy is not applicable to Tribally Operated Facilities.

4-2-10 Procedures

Prior to the assignment of parking spaces to employees, specific number
spaces shall be reserved for official parking. Employees shall receive
consideration for assignment of parking spaces in the following order of
priority:

> a\. Persons with disabilities.
>
> b\. Executive personnel and persons who work unusual hours.
>
> c\. Vanpool/carpool vehicles.
>
> d\. Privately owned vehicles of employees that are regularly used for
> Government business at least 12 days a month and qualify for
> reimbursement of mileage and travel expenses under Government travel
> regulations.
>
> e\. Other privately owned vehicles of employees, on a space
> availability basis.

4-2-20 Guidance

A. Guidance for Implementation

In most instances, the assignment of individual reserved spaces should
be minimized; this allows the number of permits to be over-allocated and
results in increased efficiency.

In order to promote fuel conservation, reduce traffic congestion, reduce
the demand for parking spaces, and reduce air pollution, OPDIVs are
encouraged to make available as many parking spaces as possible for the
use of vanpools/carpools.

OPDIV procedures for the assignment of parking spaces should be
maintained in writing. Provisions for reviewing assignments, enforcing
compliance with regulations, and enforcing penalties for
misrepresentation on applications are also recommended.

Subject to the availability of satisfactory and secure space and
facilities, OPDIVs should reserve areas for the parking of bicycles and
other two-wheeled vehicles.

B. Transportation Management Plans

Federal facilities with a large number of employees in the National
Capital Region may be required by the National Capital Planning
Commission to implement a Transportation Management Plan (TMP) to reduce
traffic congestion. OPDIVs with binding agreements are encouraged to
implement the goals and strategies of the TMP.

Section 4-3: Lease Administration

4-3-00 Policy

10 Procedures

20 Guidance and Information

30 Reporting Requirements

4-3-00 Policy

A Federal lease provides specific rights to real property that has been
assigned to the Federal Government. It is both a conveyance and contract
to possess and use real property for a predetermined period of time.
Lease administration ensures performance of the agreement that
constitutes a lease and consists of: interpretation and enforcement of
the lease; effecting renewal or extension of the lease; negotiation of
changes to the lease; authorizing rent payments; termination of the
lease; settlement of claims for restoration; and handling other related
matters.

restrictions on Improvements

The Government Accountability Office (GAO) has declared that generally,
unless authorized by law, appropriated funds may not be used to make
permanent improvements to property not owned by the federal government.
However, this rule does not prohibit temporary improvements to a leased
facility so long as the improvements remain the property of the
government and the government reserves the right to remove them at the
end of the lease. Therefore, appropriated funds may be used to fund a
government-owned, removable improvement in leased space.

While appropriated funds may be used to fund temporary improvements, the
B&F fund is not the proper funding source for this activity. It has been
HHS' long-standing practice to use B&F appropriations to fund
construction and permanent improvements of government-owned facilities
and to use operating funds to finance temporary improvements in leased
facilities. This policy is being continued. Therefore, unless
specifically otherwise authorized by law, only operating funds may be
used to fund temporary improvements in leased facilities. The General
Law Division (GLD) of HHS\'s Office of the General Counsel believes this
practice is legally justified and cannot be waived, unless there is
specific language in the B&F appropriation which provides funding for
such security purposes of leased facilities or (at the very least) clear
legislative history providing that B&F funds may be used for temporary
improvements to leased property.

If operating funds are not available for a given improvement (*e.g*.,
OPDIV program funds), then the Lessor, as the owner of the facility, may
be asked to pay for the improvements. The Lessor may either pay for the
improvements outright, or they may pay for the improvements and increase
the OPDIV's rent to cover the cost.

4-3-10 Procedures

The lease is a legally binding document on the Government and the Lessor
and it is the basis for lease administration. It is important for the
files to be kept up to date. Should the lease not be clear on a matter
that is in dispute, the lease file may contain related background of the
agreements made during negotiations, which might clarify and resolve the
issue amicably.

Only the Contracting Officer can authorize a change to a lease that is
binding on the Government. If a change is necessary, it is desirable
that the change be a bilateral agreement, documented in a supplemental
lease agreement, between the Government and the Lessor. A change to the
lease is defined as a change in scope of services or a change in space
and has financial consequences.

A. Lease Administration

Ideally, once the Government occupies the space the only administrative
action would be to pay the rent; however, it is rarely that simple.
There will be times when it is necessary to make changes to the lease.
There will also be times when disputes will arise between the Lessor and
the Government.

1.  [Enforcement of the Lease]{.underline}: A Government lease has
    several mandatory clauses, such as Clause 15 (552.270-10 Failure in
    Performance Sep 1999), that provide the means for the Government to
    enforce the lease. On the other hand, there are provisions in the
    lease that the Government must comply with such as paying rent.

2.  [Facility Assessments]{.underline}: The Government will periodically
    conduct a facility assessment to determine Government needs, to
    identify facility deficiencies, and to prioritize their corrections.
    The facility assessment will identify the entity that is responsible
    for correcting the deficiencies. The facility assessment can be used
    to identify improvements made to leased property to meet the
    tenant's mission and programmatic needs.

3.  [Expanding the Square Footage after Award]{.underline}: Generally,
    leases do not provide provisions for the right to expand space. The
    possible need for new space is generally considered a new contract
    action and current regulations allow for noncompetitive expansion
    negotiations with the current Lessor in some situations. GSAR
    570.403 addresses expansion of lease space. The Contracting Officer
    should determine if the need for additional space is within the
    scope of the lease. Generally, if the Government needs space very
    similar to that provided in the original lease and the amount of the
    space expansion is a reasonable percentage of the amount of space
    covered by the original lease, usually less than 10% of the space of
    the original lease, it is generally safe to assume the lease
    expansion falls within the general scope of the original lease and
    that space may be acquired from the lessor without a sole source
    justification under FAR 6.3. Federal real estate leases are usually
    for office, storage, and official parking space. Expansion of these
    categories is generally allowed under the GSAR. If the expansion is
    outside the general scope of the existing lease, FAR 6.3 requires
    written justification for other than full and open competition
    except when competitive procedures or simplified lease acquisition
    procedures are used.

4.  [Contract Modification or Supplemental Lease Agreement to Reflect
    the Expansion of Space]{.underline}: Identify how the escalation
    clause will be affected by expansion space. If the existing lease
    contains operating cost or tax adjustment clauses, then it is
    important that the contract modification describe how escalation
    formulas will be applied to the expansion space. In terms of
    operating cost adjustment clause, the first year base amount is
    usually described as an amount per square foot. Expansion space will
    increase the square footage so negotiation needs to address whether
    the CPI will be applied to the expanded square footage, or whether
    there will be some other approach. All other terms and conditions of
    the lease will remain in full force and effect.

> If the expansion space is being accepted ("without alterations") for
> immediate occupancy, then an actual effective date for the expansion
> can be written into the supplemental lease agreement (SLA) without any
> other conditions. All other terms and conditions of the lease remain
> in full force and effect. However, if the expanded space is not
> suitable for occupancy, then the Government and the Lessor must
> negotiate provisions for an effective or actual date for when the
> Government can take possession of the expanded space. The SLA should
> describe that the expansion rent will not be due until the space is
> substantially completed and that the current rent for the original
> lease will continue in effect in the interim.
>
> The original lease probably contained space preparation ratios for
> major items of the build out. If the expansion space rent is based on
> a specific layout plan rather than the original space preparation
> ratios, or some other ratios are needed, this should be specifically
> identified in the SLA. If the original lease contains cancellation
> rights or renewal options, then the negotiations must address whether
> these rights also apply to expansion space. This will affect the
> Lessor's pricing and future plans, so the understanding reached during
> negotiations should be included in the SLA for the expansion.

5.  [Reducing the Square Footage]{.underline}: A space reduction should
    not require any justification for other than full and open
    competition under GSAR 570 or FAR 6.3 because the Government is not
    acquiring new or additional contract obligation. If reduction
    involves significant changes to other aspects of the lease that
    would add to the overall scope of the contract, then such
    justification might be required. A good example of this would be a
    contract modification that allows partial reduction on square
    footage, but also adds months or years to the term of the remaining
    space. It should be pointed out that a reduction in space under
    contract puts the Government at a disadvantage. There is no
    incentive for the Lessor to agree to a reduction in space because
    the reduction represents a loss of income. Furthermore, if the
    Lessor agrees to the reduction there may be cost incurred to alter
    the released space so that it can be separated from the retained
    leased area, unamortized tenant improvement, restoration, etc. The
    tenant will be expected to provide lump sum payment, which might
    offset any savings from reduced rental. GSA leases will usually
    contain a cancellation clause in the Occupancy Agreement with 120
    days advance written notice. The same lump sum payments will apply
    to GSA leases. However, GSA assumes the loss of future rents
    requirements.

6.  [Payee Changes]{.underline}: The payee must be specified in the
    lease. During the administration of the lease there may be several
    situations in which the payee may change while the ownership and the
    name of the owner would remain the same, or the original Lessor
    could have several reasons to name a new payee even if there is no
    change in ownership. The most frequent reasons for changing payee
    are to reflect a new address for the Lessor/payee or the appointment
    of a new property management company by the Lessor. A change in
    payee should only be considered valid if the most recent Lessor of
    record communicates it. The contract is with the Lessor designated
    on the lease (or a successor in intent which has to be approved by
    the Government). Only that Lessor should give directions about the
    recipient of rent payments. If the lease administrator receives a
    request from a new payee, a letter should immediately be sent to the
    current Lessor with copies to the current and alleged new payee. The
    letter should advise the Lessor that the Government would honor the
    change only if designated by the Lessor, and only if confirmed in
    writing. If there is any indication that a payee change is due to a
    change in ownership, then the guidelines under "Change to the Lessor
    Ownership" should be followed.

7.  [Change to Lessor Ownership]{.underline}: In accordance with the
    requirements of FAR 42.12 for direct leases, a novation agreement is
    required to include, but is not limited to, identifying the
    contracts to be transferred, the effective date of transfer,
    transferee acquirement of all assets of transferor, transferee
    assumption of all conveyance documents, etc.

8.  [GSA Policies for Ownership Changes]{.underline}: In accordance with
    the requirements of FAR 42.12, once the Government is advised of a
    change in lease ownership, the Government should send a letter to
    the current Lessor with a copy to the new owner, asking for the
    following information through a novation agreement:

-   A copy of the deed or other instrument of conveyance of ownership.

-   A Statement from the Seller. The statement from the seller should
    waive rights under the lease (the specific Government lease should
    be cited in the statement).

-   A Statement from the Buyer. The statement from the buyer should
    agree to approve and adopt the lease (the specific Government lease
    should be cited in this statement), and further agrees to be bound
    by the terms of the contract.

-   The taxpayer identification number (*i.e.*, W-9) for new ownership
    needs to be obtained for tax reporting purposes.

-   The Lessor's banking information using an ACH form.

> It is advisable that the General Counsel review and approve the
> package of information above before the lease administrator approves
> the new owner. When all the information has been received and
> approved, the lease administrator should draft a SLA that identifies
> the new owner's payee organization. The form of ownership must be
> obtained (*e.g.*, corporation, partnership, etc.). Without this
> information, the Government will not be able to determine who is
> legally authorized to make commitments for the new owner.

9.  [Suspending Rent]{.underline}: GSA policy is to suspend rent until
    an ownership change is satisfactorily documented with all the
    information outlined above. When everything is received and
    reviewed, then the suspended rents are released to the appropriate
    new owner/payee. This is because new lessors sometimes resist
    furnishing all the documents or because the former owner has no
    incentive to submit a statement that waives its right.

10. [Estoppel Certificate -- Statement of Lease]{.underline}: The
    statement of lease in the general clauses is intended to satisfy the
    desire of mortgagees and perspective purchasers for what are often
    called estoppel certificates or estoppel statements. A purchaser
    would buy a building subject to leases in effect, so it is
    considered important to verify the conditions of the leases that
    would be inherited if the purchase were complete. Lessors may want
    to sell or refinance their property while leases are in effect, and
    those buyers or mortgagees may want tenant verification, and a quick
    confirmation could be critical. Therefore, the Government agrees to
    provide within 30 days a confirmation of basic lease terms in
    effect.

11. [Subordination, Nondisturbance and Attornment
    Documents]{.underline}: The Government agrees that the lease is
    subject and subordinate to all recorded mortgages, deeds of trust
    and other liens now and hereafter existing or imposed upon the
    premises, and to any renewal, modification or extension thereof.

12. [Failure in Performance]{.underline}: The agreement to pay rent and
    the agreement to provide any service, utility, maintenance, or
    repair required under the lease are interdependent. If the Lessor
    fails to provide any service, utility, maintenance, repair, or
    replacement required under the lease the Government may, by contract
    or otherwise, perform the requirement and deduct the cost from the
    rent. If the Government elects to perform the work, the Lessor must
    allow the Government and its contractors access to the premises. The
    Government may deduct from the rent then or thereafter due an amount
    that reflects the reduced value of the contract requirement not
    performed.

13. [Default by Lessor]{.underline}: As provided for in GSAR 552.270-22,
    default is the tenant's unilateral right to move out, stop paying
    rent, and possibly assess damages. The following constitutes a
    default by the lessor: 1) failure to maintain, repair, operate, or
    service the premises as specified in the lease, provided any such
    failure shall remain uncured for a period of 30 days following
    Lessor's receipt of notice from the Contracting Officer or an
    authorized representative; 2) repeated and unexcused failure by
    Lessor to comply with one or more requirements of the lease.

14. [Damage by Fire or Casualty]{.underline}: If fire or other casualty
    destroys the entire premises, the lease will be immediately
    terminated. In case of partial destruction or damage, so as to
    render the premises untenantable as determined by the Government,
    the Government may terminate the lease by giving written notice to
    the Lessor within 15 calendar days of the fire or other casualty; if
    so terminated, no rent will accrue to the Lessor after such partial
    destruction or damage; and if not so terminated, the rent will be
    reduced proportionately by SLA. It should be pointed out that this
    provision in the lease does not relieve the Lessor from liability
    for damage to or destruction of Government property that is caused
    by the Lessor's willful or negligent acts or omissions.

15. [Disputes and Claims]{.underline}: A contract dispute can only be
    between the parties that are privy to the contract. Clause 35 of the
    General Clauses includes specifics on the applicability of The
    Contract Disputes Act of 1978, as amended (41 USC 601-613), which
    applies regardless of the size of the area, lease term, or monitory
    value of the lease contract. GSAR 570.601 requires the Dispute
    clause (FAR 52.233-1) to be in all lease solicitations or contracts
    expected to exceed \$ 2,500.

B. Alterations and Repairs

If the proposed alterations are outside the general scope of the lease
and the plan is to acquire them from the lessor without competition, the
following justification and approval requirements apply:

-   If the alteration project will exceed the simplified acquisition
    threshold, the justification and approval requirements in FAR 6.3
    apply.

-   If the alteration project will exceed \$2,500, but not the
    simplified lease acquisition threshold, you may use simplified
    acquisition procedures and explain the absence of competition in the
    file.

-   If the alteration project will not exceed \$2,500, no justification
    and approval is required.

1.  [Requirements for Alterations]{.underline}: The Government's
    requirements are generally identified in general conditions, plans
    and specifications. These instruments are also known as contract
    documents. The contract documents instruct the contractors as to
    what is wanted. These documents should be prepared by [licensed
    architects and engineers]{.underline} registered in the state where
    the work is to be performed.

    a.  [General Conditions:]{.underline} The General Conditions of the
        contract set forth the terms of how the work is to be
        accomplished, such as: a written general scope of work;
        identification of the parties to the contract along with their
        rights and responsibilities; period of performance; requirements
        for submittals; progress payments; etc.

    b.  [Specifications:]{.underline} There are generally three types of
        specifications, some times called technical specifications.

-   A proprietary specification. A proprietary specification is simply
    specifying a particular product, such as "Anderson Windows".

-   The second type of specification is a performance specification,
    which is encouraged for use in Federal contracts. Performance
    specifications specify the quality and performance of the product
    and should be limited to only the essential characteristics to avoid
    unnecessarily restricting competition.

-   Reference specifications are specifications that are industry
    standards such as those published by ASTM or the Underwriters
    Laboratory (UL).

    a.  [Plans:]{.underline} The plans are the drawings that illustrate
        to the builder or contractor what is to be built or altered. The
        plans and specifications do not tell the contractor how to
        construct the alteration. Means and methods of construction are
        left up to the contractor.

    b.  [Scope of Work]{.underline}: For alterations that do not require
        a design professional/licensed architect or engineer, a scope of
        work may be sufficient. If an alteration does not require a
        building permit, then it is safe to assume that professional
        design services are not required. The scope of work at a minimum
        should consist of the following: background for the need of the
        alteration; project description; codes and standards that apply
        to the project; scope of services and material needed to
        complete the project; Government furnished information;
        submittals if required; schedule; payment; interface and
        coordination; and options.

2.  [Design Contract]{.underline}: The need for the Lessor to have a
    contract with the architect/engineer firm to design the alteration
    work should not be overlooked. The Government must provide a program
    of requirements to the Lessor as a basis for design.

    a.  [Design to Budget Clause]{.underline}: In public or private
        architect/engineer contracts, there is a clause that requires
        the architect/engineer to design the project so as not to exceed
        the established budget. Ensure that the budget and language
        requiring the architect/engineer to design to budget are
        included in the SLA.

    b.  [Design Review of Alterations]{.underline}: The Government shall
        review the Lessor's or contractor's plans and specifications for
        compliance with the SOW or scope of work and the SLA for the
        alterations. The review intervals shall be established in the
        lease or through agreement between the Contracting Officer and
        the Lessor.

    c.  [Local Building Codes and Ordinances]{.underline}: Clause 18 of
        GSA Form 3517 requires that the Lessor comply with all
        applicable codes and ordinances. This clause should be placed in
        any contract for alterations. Furthermore, all work must comply
        with the Americans with Disabilities Act (ADA).

3.  [Contractual Relationships between the Parties in Alteration of
    Leased Property]{.underline}: It is important to understand the
    contractual relationship between the parties. The Government only
    has privity with the Lessor. The Government does not have privity
    with the architect/engineer, nor with the construction contractor.
    The Lessor's architect/engineer does not have privity to the
    construction contractor. Because of these contractual relationships,
    it is very important for the Government to express its requirements
    and produce a clear, correct, concise, and complete program of
    requirements. Requirements must be met through monitoring.

4.  [Independent Government Estimate]{.underline}: When alterations,
    improvements, or construction are necessary, a written Government
    estimate is required. A government estimate will assist the
    Contracting Officer in negotiating a fair and reasonable price for
    the work. Without plans and specifications, it is difficult to do a
    government estimate. A budget estimate based on the broad order of
    magnitude (*e.g.*, a square foot estimate) may be sufficient in some
    cases. The tenant will provide the number of persons that will
    occupy the space. Normally lease space is area specific and it does
    not require a grossing factor to determine the actual size of lease
    space. A professional estimator should do estimates for the
    rehabilitation of building systems as well as any construction.

5.  [Labor Standards:]{.underline} Since Federal funds will be used to
    finance the alterations, Federal labor laws for construction apply.
    The Secretary of Labor issued regulations to provide for the
    administration and enforcement of Federal labor standards in
    construction contracts. The Secretary's regulations cover the
    following wage determination procedures: duties of lessors on
    Government financed public buildings; labor standards for
    construction; labor standards for ratios of apprentices and trainees
    to journeymen; and wage determination review procedures (FAR
    22.403-4). In addition, Congress passed the following statutory
    requirements concerning federally financed construction: Davis-Bacon
    Act, Copeland Act and Contract Work Safety Standards Act (FAR
    22.403-3). Both public and private sector construction must comply
    with OSHA 29CFR 1910. The SFO states that the Government will be the
    sole or predominant tenant in order to apply Davis-Bacon rates; this
    information is generally found under section 1.18.

6.  [Government Acceptance]{.underline}: The Government shall conduct a
    final walkthrough with the Lessor to determine if the alterations
    are substantially complete. The Government and the Lessor will
    identify visible deficiencies in the built out space and establish a
    punch list for the Lessor to complete at a mutually agreed upon time
    between the Government and Lessor. Before the work is accepted, the
    Lessor must provide a copy of any certificate of inspection,
    occupancy, or approval by the jurisdiction having authority.

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a.  [Beneficial Occupancy or Possession]{.underline}: Once the
    Government and the Lessor determine and agree that the alteration is
    substantially complete, the Government may take beneficial occupancy
    or possession.

b.  [Documentation of Acceptance]{.underline}: Acceptance by the
    Government establishes that the Lessor met the contract
    requirements. Acceptance may be documented on GSA Form 184 or 220,
    DD 250, or other appropriate form. The final status of defects and
    omissions at the time of final inspection must be documented.

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7.  [Government Furnished Property]{.underline}: The alteration may
    include property furnished by the Government for installation by the
    Lessor. The Contracting Officer's Technical Representative (COTR)
    must assure that the property will be available at the time it is
    needed at the project. The Government should request a schedule from
    the Lessor giving the dates for delivery of the property to be
    installed. Upon receipt of the Lessor's construction schedule, the
    Contracting Officer should make the necessary arrangements to have
    the property delivered by the required date. Upon delivery, the
    Lessor and the COTR must jointly inspect the property for possible
    shortage or damage in transit. If any shortage or damage is found,
    the Lessor should follow instructions on the Government bill of
    lading for reporting to the carrier and should submit a detailed
    report to the Contracting Officer. The Contracting Officer may be
    required to take action against the supplier to correct the
    shortages or damages.

> The contract documents should require the Lessor to: accept delivery
> of the property on the established dates; take steps to correct
> shortages or damage in transit; be responsible for proper storage and
> protection; provide any additional transportation required; uncrate,
> assemble, and install equipment; and dispose of waste/trash.

a.  [Government Furnished Property]{.underline}: An agreement must be
    made stating what property the Government will supply and a definite
    time of delivery of the Government furnished property. As soon as
    the COTR has received notice from the Lessor of the required dates
    for delivery of the property, they must immediately notify the user
    group and confirm the delivery request in writing. Information
    concerning Government furnished property must be recorded in the
    official file, and any unusual durations must be brought to the
    attention of the Contracting Officer.

b.  [Delays]{.underline}: Government caused delays that impact on the
    lessor (*e.g.*, untimely delivery of Government furnished property,
    changes in scope) may result in an increase in contract period of
    performance and could result in a time extension and an equitable
    adjustment in the contract amount. If delay is critical or is
    causing avoidable expense, consideration should be given to deleting
    the installation entirely and completing the work under a separate
    contract. In addition, consideration should be given to having the
    Lessor acquire the required property if it is feasible and
    reasonable; however, the Contracting Officer must document the
    decision in a determination and finding included in a SLA.

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8.  [Ownership of Alterations and Improvements]{.underline}: General
    Clause 19, 552.270-12 -- ALTERATIONS (SEP 1999) of GSA Form 3517B
    provides that the Government may make alterations, attach fixtures,
    and erect additions or signs in or on the premises. Furthermore, any
    fixtures, alteration, or structure placed on the premises by the
    Government remains the property of the Government. The right to
    equipment or material must remain with the Government at the
    expiration of the lease. Depending on the clauses included in the
    lease agreement, the Government may be liable for damages to the
    premises when removing alterations, fixtures, structures, etc. and
    may be required to restore the premises to its original state in
    accordance with the existing conditions survey. If possible, a
    specific provision should be made in the SLA giving the Government
    the right to remove the equipment or material, or to abandon it in
    place, without restoration payment.

4-3-20 Guidance and Information

A. Rent Adjustment Clauses

Lease provisions that adjust the rent during the term are classified as
actions within the scope of the contract. Rent adjustment clauses in
Government leases are not intended to guarantee or increase the Lessor's
profit or return on investment during the lease, but they should protect
the Lessor from major cost increases that cannot be accurately
predicted.

[Operating Cost Adjustments]{.underline}: Operating costs are the
expenses incurred by the lessor as part of the operation and management
of the premises. The operating cost may include interior and exterior
cleaning; snow removal; maintenance of building systems; light bulb
replacement; security systems and guard services for general building
function; fuel; and water and sewage. The operating cost base amount
should already be negotiated and identified in the awarded lease. The
escalation will only be computed on the portion of rent that is
identified as operating cost base; the entire gross rent will not be
escalated.

1.  [Escalator Clauses]{.underline}: The operating cost clause in
    Section 3.6 of the standard SFO is virtually mandatory in all SFOs
    issued by GSA or under GSA delegation. This clause calculates future
    operating cost increases using the percentage change in the Consumer
    Price Index (CPI), multiplied by the first year base cost negotiated
    between the parties. This formula is used regardless of the actual
    expenses experienced by the lessor, whether they are higher or lower
    than the adjustment produced by the clause.

2.  [Real Estate Tax Adjustments (See Section 3.4 of the Standard
    SFO)]{.underline}: Escalating clauses for real estate is a standard
    factor in commercial leases, just as operating cost escalators are
    now an accepted market practice. Adjustments to taxes are based on
    actual expense. The Lessor is eligible for tax escalation and the
    Government is eligible for a tax decrease only if there is actual
    evidence of increase/decrease. That evidence is the tax bill. The
    Government should be cautious not to mistakenly pay for the full
    amount of increase if the Government does not occupy the entire
    building. When the Government is a partial occupant, the amount of
    the increase for the total property should be reduced to the
    Government's percentage of occupancy. Adjustments are paid in a lump
    sum per annum. The tax clause is intended to reimburse the Lessor
    for tax expenses already incurred (not in the future).

B. Renewals or Extension of the Lease

If the lease does not have negotiated (pre-established) renewal options,
then there should to be an appraisal of the leased property to determine
the fair market rent. The rent should be negotiated and agreed to by
both parties. Lease extensions should be administered in the same manner
as lease renewals.

1.  [Negotiating Extensions of the Lease Ending Date]{.underline}: When
    an extension is necessary, one of the most effective techniques to
    maintain a cooperative relationship with a lessor is to begin
    discussion early. Most new leases require at least a year from
    market survey through actual occupancy. When there is only a year or
    less remaining on the existing lease term and procurement for
    continued occupancy has not begun or is in its early stages, an
    extension at the current location will probably be necessary.

2.  [Noncompetitive Negotiation Justification]{.underline}: GSAR 570.405
    states that the noncompetitive approval and justification
    requirements in FAR 6.3 must be followed when the value of a lease
    extension will exceed the simplified acquisition threshold. When
    noncompetitive justification is required, almost all lease
    extensions are covered by FAR 6.302-1, which allows contracting
    without full and open competition when there is only one responsible
    source to satisfy the need. GSAR 570.405 cites several examples of
    the most common lease extension situations: other space is
    identified but will not be ready in time; unexpected delays outside
    the Government's control will delay acquiring replacement space; and
    additional time is necessary to coordinate a consolidation of
    offices.

3.  [Improvements during the Extension of the Lease]{.underline}:
    Expiring lease locations often show signs of wear and tear after
    years of occupancy. Carpet, paint and wall coverings may need repair
    or replacement due to normal wear and tear. If the term of the
    extension will be a year or more, it may be too long to expect the
    Tenant to tolerate the existing condition. If the Government begins
    extension discussion well in advance of the termination date, there
    will be more time to discuss alternatives with both the Tenant and
    Lessor about possible improvement during the extension.

4.  [Administering Leases in Holdover Status]{.underline}: If continued
    occupancy is needed but negotiations have not produced a bilateral
    agreement by the date of expiration, the tenant is a holdover.
    Holdover tenancy generally applies to tenants that remain in
    possession after a lease that was for a period of a year or longer.
    Due to the unique nature of the Federal Government, a private sector
    landlord cannot evict a Federal tenant. The normal judicial remedies
    of state law are not applicable since Federal law controls the
    relationship. If a holdover cannot be resolved through negotiations,
    a Federal Court or a board of contract appeals might refer to
    general contract law principles to reach a decision, but that does
    not mean state law would directly apply.

5.  [Succeeding Leases]{.underline}: A succeeding lease is a follow on
    lease for continued occupancy of the same space, beginning the day
    after the former lease expires. A succeeding lease incorporates a
    new SFO with updated terms, conditions, and clauses. GSAR 570.402
    contains special procedures for succeeding leases.

6.  [Exercising Renewal Options in Leases]{.underline}: Renewal options
    may be specified in Paragraph 5 of the SF 2 GSAR 570.401 contains
    general guidance for exercising a renewal option in a lease. The
    renewal option should contain cancellation rights during the option
    period. If renewal option periods are priced, then the analysis of
    prevailing rental rates discussed in the GSAR is required prior to
    the exercise of the option.

7.  [Vacating the Premises (Actions when Moving out of Expired or
    Terminated Leases)]{.underline}: When the lease is about to expire,
    there are several steps that should be taken in the weeks preceding
    the move to minimize the Governments exposure. The following steps
    will help maintain a professional relationship with the Lessor:

    a.  A written inspection report that includes photographs of the
        conditions should be made before the Government vacates the
        premises.

    b.  The tenant must remove all Government and personal property
        prior to the termination date.

    c.  The Government is responsible to repair damages caused by its
        own negligence. The Government is not responsible to restore the
        premises to its original condition or to repair the effects of
        normal wear and tear.

    d.  Keys or security access cards for the premises should be
        returned to the Lessor.

    e.  Utility accounts that are paid separately by the Government
        should be terminated with the utility company.

    f.  Telephone equipment is the responsibility of the Tenant and IT
        and they should arrange to transfer services to a new location.

8.  [Leasehold Condemnation]{.underline}: The Federal Government has the
    power of eminent domain regarding real property and it is usually
    applied in the condemnation of fee simple interest; however, Federal
    condemnation authority can also be used to condemn only the
    leasehold interest for a limited period of time in accordance with
    40 U.S.C. 3113 - 3118. Whenever an OPDIV contemplates a lease
    holdover that could not be resolved through negotiations, as
    required by the Uniform Relocation Assistance and Real Property
    Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4651, it
    should promptly contact the Office of General Counsel to discuss the
    possibility of initiating lease condemnation procedures. Once HHS
    has determined that such condemnation procedures are necessary, OGC
    will contact the Department of Justice (DOJ) because DOJ would be
    responsible for filing any such condemnation action in Federal
    Court. This approach is used as the last resort to protect continued
    Government occupancy in an expired lease. When condemnation of a
    leasehold is being considered, among the documents the Government
    will need the following:

    a.  Title search to determine current ownership;

    b.  Appraisal to determined just compensation;

    c.  Detailed record of negotiation demonstrating that serious good
        faith efforts were made to avoid condemnation;

    d.  Declaration of Taking that is filed with the U.S. District Court
        stipulating the estimated period of time the leasehold will be
        needed; and

    e.  U.S Treasury check for the total amount of rent that the
        Government claims is just compensation for the period of the
        condemnation.

C. Termination of the Lease

Lease terms can either be firm, where there are no rights to cancel, or
termination rights can be negotiated into the basic lease terms. Very
few leases have termination rights that allow cancellation of only part
of the space. Most termination rights only allow cancellation of the
entire premises.

[Early Cancellation]{.underline}: Leases may not contain cancellation
for convenience clauses except for GSA Occupancy Agreements with the
tenant agency. Cancellation for convenience can be made part of a new
solicitation. However, if the lease does not contain a cancellation
clause, then for direct leases the Contracting Officer may negotiate
terms and conditions for a lease cancellation. It is permissible to
negotiate a lump sum payment (buy-out) to the Lessor in lieu of future
rent if this is financially advantageous. The negotiation of a lease
buy-out involves the calculations required to determine the net present
value of future lease payments due the Lessor. Additionally, the buy-out
negotiations could take into account current fair market rental for
similar space, the cost of new tenant build-out, the potential loss of
rent during vacancy, and the cost of leasing out space.

Excluding GSA leases, if buy-out negotiations are not successful, then
the Government has no choice but to continue making rent payments,
excluding some operating cost (*e.g.*, custodial, some utilities, or
other items that will not incur cost for the lessor due to vacancy of
the space). It should be made clear to the Lessor that no other tenant
is allowed to use the space in the interim.

D. Lease Closeout and settlement

At the close of the lease term, the Contracting Officer must ensure that
all the obligations under the lease have been met. When vacating lease
premises, it is important to clear the property of all Government
property and furniture. Failure to do so may be construed as
constructive occupancy and could be the subject of a claim for
additional rent on the Lessor's behalf. If removal of Government
property causes damage to the premises, minor repairs should be made so
that the premises are left in the same relative condition as when first
occupied, less ordinary wear and tear. Where damage has occurred, an
agreement for compensation should be arranged and an SLA should be made
to document this agreement. All actions required to closeout the lease
need not be completed at the end of the term. Final payment should be
authorized when all SLAs, adjustments, and required documents have been
completed, all restoration actions taken, and all property removed from
the premises. Once the final payment has been made, the lease contract
is closed.

Sample Lease Closeout Checklist

+----+-------------------------------------------------------+---+---+
| It | Action                                                | Y | N |
| em |                                                       | e | o |
|    |                                                       | s |   |
+----+-------------------------------------------------------+---+---+
| 1  | Terminal condition survey completed?                  |   |   |
+----+-------------------------------------------------------+---+---+
| 2  | Lessor acceptance and release signed?                 |   |   |
+----+-------------------------------------------------------+---+---+
| 3  | Keys turned over to Lessor with receipt in lease      |   |   |
|    | file?                                                 |   |   |
|    |                                                       |   |   |
|    | > If keys are not returned, is the attempt to return  |   |   |
|    | > documented?                                         |   |   |
+----+-------------------------------------------------------+---+---+
| 4  | All Government property removed from premises?        |   |   |
|    |                                                       |   |   |
|    | > If Government property is not removed, is           |   |   |
|    | > documentation for abandonment in place in both file |   |   |
|    | > and personal property file?                         |   |   |
+----+-------------------------------------------------------+---+---+
| 5  | Is restoration necessary?                             |   |   |
|    |                                                       |   |   |
|    | > If restoration is required, have arrangements been  |   |   |
|    | > completed?                                          |   |   |
+----+-------------------------------------------------------+---+---+
| 6  | All service contractors notified?                     |   |   |
+----+-------------------------------------------------------+---+---+
| 7  | CIT notified?                                         |   |   |
+----+-------------------------------------------------------+---+---+
| 8  | Utility companies notified?                           |   |   |
+----+-------------------------------------------------------+---+---+
| 9  | Final payment made?                                   |   |   |
+----+-------------------------------------------------------+---+---+
| 10 | Lease file completed?                                 |   |   |
+----+-------------------------------------------------------+---+---+
| 11 | Notification of OFMP that the lease is no longer      |   |   |
|    | active?                                               |   |   |
+----+-------------------------------------------------------+---+---+

4-3-30 Reporting Requirements

Space Budget Justification - OMB Circular A-11 requires agencies to
complete Exhibit 54 "Space Budget Justification" electronic report for
rent payments to GSA or to others (*i.e.*, other Federal agencies or
commercial landlords) in excess of \$5 mil annually for space,
structures, and facilities, land and building services. A separate
report is required for each subordinate organization that makes rental
payments above \$5 million annually, therefore OPDIVs that obligate more
than \$5 million annually for rental payments are required to submit a
space budget justification, in the format of A-11 exhibit 54, to OFMP.

This report provides a justification to OMB of the agency's budget
request for rent. GSA uses this information to refine estimates of
rental costs.

Section 4-4: Quarters

4-4-00 Policy

10 Procedures

20 Guidance and Information

30 Reporting Requirements

4-4-00 Policy

The purpose of this section is to establish those conditions under which
HHS may provide quarters for its employees, and to establish
requirements for quarter's management and reporting. It is the policy of
HHS that quarters utilization and maintenance be managed efficiently,
diligently, and in accordance with OMB Circular A-45, "Rental and
Construction of Government Quarters."

Government quarters may be provided for employees in positions that
require 24-hour presence at the installation for the provision of
essential services or to protect Government property that cannot
otherwise be protected. The need for these positions should be
minimized, where possible, by the use of a \"call room\" with shift
personnel, or a night watchman. Where it is deemed that the 24-hour
presence of any position is necessary and Government quarters are
provided for that position, mandatory occupancy of those quarters shall
be clearly stated in the position description or billet and made a
condition of employment. Government quarters may also be provided for
other positions of the type that are not normally filled by \"local
hires,\" if it is determined that suitable private housing is not
available within a one-way commuting time of 1 hour. Housing is not
normally provided for local hires.

The following federal policies are summarized from OMB circular A-45:

a\. Reliance on Private Housing Market. It is the policy of the Federal
Government to rely on the private housing market to provide housing for
its civilian employees. If there is no requirement of service or
protection or if there is no lack of available housing, agencies must
not acquire additional rental quarters.

b\. Determination of Rents. Agencies of the Federal Government must
adhere to the following in determining rental rates for Government
rental quarters:

-   [Reasonable value to employee]{.underline}. Rental rates and charges
    for Government quarters and related facilities will be based upon
    their reasonable value to the employee in the circumstances under
    which the quarters and facilities are provided, occupied or made
    available. Charges for rent and related facilities should be set at
    levels equal to those prevailing for comparable private housing
    located in the same area, when practicable.

-   [Subsidies, inducements prohibited]{.underline}. Federal employees
    whose pay and allowances are fixed by statute or regulation may not
    receive additional pay and allowances for any service or duty unless
    specifically authorized by law. Consequently, rents and other
    charges may not be set so as to provide a housing subsidy, serve as
    an inducement in the recruitment or retention of employees, or
    encourage occupancy of existing Government housing.

-   [Fairness, consistency]{.underline}. When properly determined in
    accordance with the provisions of this circular, rental rates will
    be fair as between the Government and the employee (or other
    authorized occupant) and as between employees of different agencies
    living in the same installation in similar housing, or employees
    living in Government quarters at different installations. Rents
    should not be set so as to serve as an inducement to recruit or
    retain employees. Moreover, rents should reflect a consistent local
    pattern for all Federal quarters in a given location.

c\. Employee responsibilities. Employees have a responsibility to inform
themselves of all the conditions that prevail in and near the quarters
and duty stations to which they might be assigned before accepting
transfer to or employment at such duty stations.

4-4-10 Procedures

As prescribed by OMB Circular A-45, "Rental and Construction of
Government Quarters," each OPDIV\'s headquarters staff must maintain a
central records system. Sufficient information will be maintained
centrally by the OPDIV to allow agency management to be informed of, and
to monitor, the status of administration of OMB requirements. At a
minimum, the following information must be maintained for each location
with a need for Government housing:

-   A list of positions, for which Government quarters must be provided,
    in order to provide essential services or to protect Government
    property.

-   The number of quarters required for staff, other than those listed
    above, due to the unavailability of suitable private housing (both
    rental and purchase) within a one-day commuting time of at least 1
    hour.

-   Quarter's classification, description, identification, assignment,
    and inventory.

-   Assessment of total quarters needs versus current inventory,
    availability, and assignment of existing quarters.

-   Current data concerning survey and appraisal results, rental rates,
    CPI implementation, maintenance schedule and costs, utility costs,
    and occupancy history.

-   Rules and regulations concerning quarters occupancy.

-   Establishment of housing committees and appeal committees.

-   Maintaining of necessary quarters records and preparation of
    required reports.

4-4-20 Information and Guidance

A.  Quarters Assignments/Quarters Termination. Documents are to be
    completed each time an employee, commissioned officer, or other
    occupant is assigned to quarters or terminates quarters occupancy.

B.  Reporting of Rental Rate Changes: The results of surveys and
    appraisals, including appropriate supporting documentation, must be
    submitted to and reviewed by the OPDIV, prior to implementing new
    rental rates.

C.  Consumer Price Index (CPI) Adjustments. OMB circular A-45 specifies
    that the new rates shall be effective at the beginning of the first
    pay period that starts on or after March 1 of each year. Though
    effective in March, the adjustment shall be based on the preceding
    September CPI data to provide the required lead-time.

D.  Management of Substandard Quarters. When quarters have been
    designated as substandard, the OPDIV may not assign the unit for
    occupancy. In addition, the OPDIV has only one year in which to take
    effective remedial action or to give up the structure. If an OPDIV
    decides to raze or abandon the structure, proper documentation in
    accordance with Chapter 5 must be prepared and submitted to OFMP.

4-4-30 Reporting Requirements

Exceptions. OMB circular A-45 considers and allows for unusual
circumstances that may exist with respect to rental quarters. Exceptions
to the requirements included in this circular will be permitted,
therefore, only upon written request and in those very unusual
circumstances when it is demonstrated to the Office of Management and
Budget that the application of the provisions of this circular will not
result in a rental rate equivalent to the reasonable value of the
quarters to the occupant. Therefore, requests for exceptions to circular
A-45 will be forwarded to OFMP for review. If OFMP concurs, the request
will be forwarded to OMB, with a copy to the requesting OPDIV. If an
exception is granted by the Director of the Office of Management and
Budget, the agency concerned will be notified in writing.

Section 4-5: EASEMENTS, LICENSES, AND USE PERMITS

4-5-00 Policy

10 Procedures

20 Guidance and Information

30 (Reserved)

X4-5-A Agreement and Grant of Easement

X4-5-B Revocable License for Non-Federal Use of Real Property Form

X4-5-C Permit for Use of Real Property by Federal Agency

4-5-00 Policy

A. Easements

The granting of a right-of-way through Federal lands for a specified
purpose, such as a highway or utility line for other than a temporary
use, is a grant of an interest in the property of the Government, and
under the Constitution it must be authorized by Congress. Section 1 of
P.L. 87-852 (40 USC 319) granted the authority to grant easements in,
over, and upon such property (other than public domain or property held
in trust for Indians) for a right-of-way or other purpose with or
without consideration and upon such terms as are deemed appropriate to
protect the interests of the United States. Legislative jurisdiction
over the subject real property may be relinquished to states, as deemed
necessary or desirable.

B. Revocable Licenses

The Attorney General has ruled that the Government has the inherent
right to license the use of property under its control for non-federal
purposes, provided that the license is revocable at will. Such a
revocable license does not convey any interest in the real property. An
additional basis for the authority to license the temporary use of
property under HHS control is 5 U.S.C. 301, which, among other things,
authorizes the head of an Executive department to prescribe regulations
for the custody, use and preservation of an agency's property. A
revocable license issued by HHS must not interfere with the Government's
use of the property and must not be adverse to the interests of the
United States. Such a license must not be issued in a discriminatory
manner or otherwise violate any statutory provision. Licenses are
generally used for roof top antennas and associated space on Government
owned property. Licenses are not to be used for sub-letting space.

C. Use Permits

HHS may acquire the right under a temporary permit to use the property
of another Federal Government agency or, conversely, to permit another
Federal Government agency to use HHS property. Permits granted under
this authority are not permanent relinquishments of property. They
merely provide permission for the temporary use of the property by
another Federal agency so long as the property is not required by the
permitter. They are revocable at will by the permitter, and are not
assignable. Under the Federal Property Management Regulations (FPMR),
HHS may acquire the right to use excess property prior to its
declaration as surplus property pending its disposal. HHS assumes the
responsibility for maintaining the real property while using it.

D. Right-of-way for Federal Aid Highway

Under 23 USC 317, HHS may transfer lands needed for a right-of-way for a
Federal aid Highway to the Secretary of Transportation, who has the
authority to make a grant of and transfer title to such land to State
Governments for highways.

4-5-10 Procedures

A. TERMS AND CONDITIONS OF EASEMENTS

Grants of easements are usually made without monetary consideration if
the easement is for the benefit of a Federal installation or the public.

Care should be exercised in providing terms that will protect the
interests of the Government and restrict actions on the part of the
grantee, which would create undue interference with the management and
operation of the installation. When easements are granted without
consideration, an assurance will be included that the grantee will not
discriminate in the use of the property on the grounds of race, color,
national origin, age, handicap, or sex, and will comply with the HHS
regulations issued pursuant to Title VI of the Civil Rights Act of 1964
(P.L. 88-352), section 504 of the Rehabilitation Act of 1973 (P.L.
93-112), and Title III of the Age Discrimination Act of 1975 (P.L.
94-135). Title IX of the Education Amendments of 1972, Public Law 92-318
recipients of Federal financial assistance are prohibited from
discriminating on the basis of sex in educational programs and
activities. The easement document should at a minimum, contain the terms
and conditions set forth in Exhibit 4-5-A.

Requests for the interim use of land pending the formal grant of
easement may be granted with the prior approval of OFMP. All requests
should contain sufficient information concerning the circumstances
involved and the proposed effective date of interim use required in
order that necessary action for approval may be taken and notice given
thereof.

Upon receipt of the request for a grant of easement, and prior to
delivery of the original easement document to the grantee, the grantee
and the OPDIV shall inspect the land and then submit a formal report of
the inspection, signed by both parties. This is essential for the future
settlement of disputes.

B. Terms and Conditions for revocable licenses

Licenses may be executed only by HHS officials who have authority based
on a specific delegation. This authority has been redelegated, through
channels, to the OPDIVs. The license must be revocable at the will of
the Government, and must be of benefit to the Government. The nature of
the benefit shall be stated in the license. The license must be without
consideration, as consideration implies an interest in the property.
Terms and conditions contained in X4-5-B must be included in the
license, with any additional terms necessary to fit the particular
circumstances. Care should be taken to assure that any modifications or
additional conditions will not convey an interest in the land or be
detrimental to the operation of the installation involved or to the
Government. In some cases, the granting official may determine that the
best interests of the Government will be served by requiring a
performance or damage deposit (in the form of a bond).

Licenses may be terminated at any time in accordance with its terms by
sending the licensee a formal notice of termination, signed by the
approving authority, as in the granting thereof. The notice shall cite
the license number and the reason for its termination. A termination
inspection will be made in the same manner as prescribed for the initial
inspection, and a report signed by both parties will be attached to the
notice. The OPDIV will take necessary measures to ensure that any
restoration required is accomplished by the licensee. A termination
request should be made in the same manner as the request for the initial
license.

C. USE PERMITS TO OTHER FEDERAL AGENCIES

The Use Permit, form HHS-588, shown in X4-5-C, should be utilized by HHS
agencies when permitting use of real property under its control. The
conditions included in the form are minimum requirements; additional
provisions peculiar to the specific permit should also be included.
Permits shall not be granted for the use of HHS land, buildings, or
space within buildings, in order to circumvent or delay disposal of
unneeded real property. Property held for foreseeable future use may be
made available for temporary use by others in accordance with this
Section. Ordinarily no money consideration will be required for permits
to other Federal agencies. However, the permittee will reimburse HHS for
utilities and services furnished. If property leased by HHS is
temporarily unneeded and a permit to use it is granted to another
agency, the permittee will reimburse HHS for its proportionate share of
the rental and other operating costs. All proposed permits will be
submitted by the OPDIV to HHS/OFMP for review, recommendation, and
approval. After approval, the permit will be returned, through channels,
to the OPDIV, who should obtain acceptance by permittee and return a
fully executed copy to OFMP.

D. HHS USE OF OTHER FEDERAL SPACE

Prior to obtaining the use of real property by permit, the benefits
accruing from any needed alterations must be considered carefully and
weighed against the anticipated term of tenure. Alterations should not
be planned for space occupied on a minimum term arrangement. Permits
will be executed by OFMP. The permit shall be submitted for approval,
through agency headquarters, and contain sufficient justification for
the proposed action. After approval, the original will be returned to
the requesting office, which should ensure that the agency financial
accounting office receives a copy when reimbursements are involved.

E. TERMINATION OF EASEMENTS

Requests to terminate an easement should be forwarded in writing,
through channels, to OFMP. The request should specify the basis for the
termination, and should include an estimate of any anticipated cost of
restoration.

Upon termination of an easement, the OPDIV will inspect the land and
accompanying improvements and will then prepare a formal report, which
will be compared with the initial inspection report to determine the
nature and extent of restoration that the grantee will be required to
perform.

4-5-20 Guidance and Information

A. MANAGEMENT OF EASEMENT

The OPDIV administering the easement shall periodically inspect the
property to ensure that the terms and conditions of the easement are
being complied with, and will initiate, if necessary, measures to modify
or terminate the easement.

The OPDIV must ensure that the payment of monetary consideration is made
when the instrument granting the easement provides for such payment to
the Government. Such collections shall be deposited into the
Miscellaneous Receipts Account of the Treasury. If the circumstances
warrant, a performance or damage deposit may be required to protect the
Government's interest.

Agreement and Grant of Easement

This agreement and grant of easement made and entered into this
\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_, 2\_\_\_\_\_,
by and between the united states of America acting by and through the
Department of Health and Human Services, hereinafter referred to as the
Grantor and\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ hereinafter referred
to as the Grantee.

Witnesseth

Whereas: the Grantor has need of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
to operate facilities which it is required by law and public interest to
operate; and

Whereas; in response to Grantor's need and request for
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_from
Grantee, the Grantee has made application for the Grant of Easement in,
under, upon, and across real property of said Department, situated in
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_County, in the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, hereinafter more particularly
described, said easement site to be used as a location of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for the purpose of
providing \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to said
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_;
and

Whereas, the (OPDIV Agency Head, or his/her designee)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, of the
Department of Health and Human Services,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
has made an environmental assessment of this action in accordance with
Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332) and has found that there would be no significant impact on the
quality of the human environment; and

Whereas, the Department of Health and Human Services has custody and
control of the aforesaid property and undersigned, acting pursuant to
authority under 40 U.S.C. 1314 has determined that said easement will
not be adverse to the interest of the United States, but will promote
and enhance the ability of the United States to provide health services,
through
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

Now therefore witnesseth That:

The Grantor in consideration of the premises and other good and valuable
considerations; receipt of which is hereby acknowledged, does hereby
grant, bargain, sell, and convey unto the Grantee, its successors and
assigns, subject to terms and conditions hereinafter stated, an easement
for a
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
and related purposes, including the right, privilege, and authority to
install, operate and maintain said
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_in, on, over, under, and across
real property of the Grantor situated in \_\_\_\_\_\_\_\_\_\_\_\_
County, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ the easement site
herein granted being more particularly limited and described as follows,
to wit:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_;

its precise location shown and described on the plat which is identified
as \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
and which is attached hereto and made a part hereof, Subject to all
easements, liens, reservations, exceptions of interest or record now
existing on the above-described easement site.

Provided, however, that the said easement is granted under and subject
to the following terms and conditions, which the grantee hereby accepts:

1.  The said easement shall be utilized continuously for the
    above-stated uses and for no other purpose.

2.  The Grantee will neither conduct mining operations nor remove any
    mineral substance from the land.

3.  The Grantee will at its own expense, construct, mark, keep, and
    maintain, in good condition and repair, any improvements it makes on
    the property.

4.  The Grantor reserves the right to enter on occasion the premises
    which are the subject of the grant to assure that the terms of the
    grant are being complied with.

5.  The Grantee shall give written notice to Grantor prior to onset of
    construction, renovation, or maintenance work in said easement site
    and shall cooperate in scheduling and locating such activities to
    the satisfaction of the Grantor so as to cause the minimum possible
    disruption to the Grantor's health service activities.

6.  The Grantee will indemnify and save the Government harmless from any
    liability or responsibility whatever arising directly or indirectly
    from Grantee's use of the easement and activities on the premises.

7.  The Grantee will minimize damage to the scenic and esthetic values
    of the premises and otherwise protect the environment.

8.  The Grantee will comply with air and water quality standards
    established by or pursuant to Federal, State and local laws and all
    regulations issued pursuant to said laws.

9.  The Grantee will otherwise protect Federal property and economic
    interests and public interest in the lands traversed by the easement
    or land adjacent thereto.

10. The Grantee will comply with all applicable Federal, State and local
    laws, regulations and standards for public health and safety,
    environmental protection, and the siting, construction, operation,
    and maintenance of the easement.

11. Upon termination or forfeiture of the grant, the Grantee, if so
    requested by the Government, will remove from the premises all
    structures or other improvements belonging to the Grantee and
    otherwise restore the premises to the satisfaction of, and at no
    cost to the Government.

12. The Grantee will correct at no expense to the Government any
    drainage conditions adversely affecting the Grantor's land or
    improvements thereon resulting from the Grantee's use and enjoyment
    of the easement, within a reasonable time after the occurrence
    thereof, to the satisfaction of the Grantor.

In the event of the Grantee's failure to comply with any of the forgoing
terms and conditions whether caused by the legal or other inability of
the Grantee to perform the same or in the event of the Grantee's failure
for a continuous 2-year period to use the said easement for the purpose
for which it is granted, or of the Grantee's abandonment of said
easement, said easement will terminate in whole or in part at the option
of the Grantor, which shall have the right to so terminate in addition
to all other remedies for such breach, and the Grantee shall forfeit all
rights under said easement. Written notice of such a termination shall
be given to the Grantee, and termination shall be effective as of the
date of such notice. Upon termination, all right, title and interest to
and in the land shall revert to the United States or its assignee, and
the Grantee, if requested by the Grantor, shall deliver a Quitclaim Deed
to the rights arising hereunder.

Provided, However, that the failure of the Grantor to insist in any one
or more instances upon complete performance by the Grantee of any of the
terms, covenants, or conditions of this grant shall not be construed as
a waiver or relinquishment by the Grantor of future performance of any
such terms, covenants or conditions, but the Grantee's obligations with
respect to such future performance shall continue in full force.

The Grantee further covenants and agrees, for itself, its successors and
assigns, that by execution and acceptance of this easement, it will
comply with the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352), Section 504 of the Rehabilitation Act of 1973
(P.L.93-112), Title IX of the Education Amendments of 1972 (P.L.
92-318), and the Age Discrimination Act of 1975 (P.L. 94-135), and all
requirements imposed by or pursuant to the Grantor's regulations issued
pursuant to said Acts.

In witness whereof, the parties hereto have caused these presents to be
executed as of the day and year first above written.

> United States of America
>
> Acting by and through the Secretary
>
> of the Department of Health and Human Services
>
> By:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Acknowledgement]{.underline}

State of )

County of ) §

On this day of 20 , before me the undersigned officer, personally
appeared \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
known to me to be the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,\
Department of Health and Human Services, and known to me to be the
person who executed the forgoing instrument on behalf of the Secretary
of Health and Human Services, for the United States of America, and
acknowledged to me that he subscribed to the said instrument in the name
of the Secretary of Health and Human Services and on behalf of the
United States of America.

Witness my hand and official seal.

(seal)

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Notary Public
>
> My commission expires \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Acceptance]{.underline}

The
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
hereby accepts the easement and thereby accepts and agrees to all the
terms, covenants, conditions and restrictions contained therein.

> By \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[Acknowledgement]{.underline}

State of )

County of ) §

On this \_\_\_\_\_ day of [\_\_\_\_\_\_\_\_\_\_]{.underline}
20[\_\_\_\_]{.underline}, before me,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a Notary Public
in and for the City of [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline},
County of[\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}, State of
\_\_\_\_\_\_\_\_\_\_\_, personally appeared
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline},
known to me to be the [\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}, and
known to me to be the person who executed the forgoing instrument on
behalf of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and acknowledged
to me that he executed the same as the free act and deed of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

Witness my hand and official seal.

(SEAL)

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Notary Public
>
> My commission expires \_\_\_\_\_\_\_\_\_\_\_\_\_

+-----------------------------------+-----------------+---+----------------+
| **Revocable License for           |                 |   | 1\. License    |
| Non-Federal Use of Real           |                 |   | No.            |
| Property**                        |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| A revocable license affecting     |                 |   |                |
| property described and for the    |                 |   |                |
| purposes designated below here by |                 |   |                |
| granted to the licensee herein    |                 |   |                |
| named, subject to all of the      |                 |   |                |
| conditions, special and general,  |                 |   |                |
| hereinafter enumerated.           |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| 2\. Name of Licensee              | 3\. Address     |   |                |
+-----------------------------------+-----------------+---+----------------+
| 4\. Project Designation and       | 5\. Maximum     |   |                |
| Address                           | Period Covered  |   |                |
+-----------------------------------+-----------------+---+----------------+
|                                   | From            | T |                |
|                                   |                 | o |                |
+-----------------------------------+-----------------+---+----------------+
| 6\. Consideration (\$)            |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| 7\. Description of Property       |                 |   |                |
| Affected                          |                 |   |                |
|                                   |                 |   |                |
| *(As shown on Exhibit             |                 |   |                |
| \_                                |                 |   |                |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, |                 |   |                |
| attached hereto and made a part   |                 |   |                |
| hereof.)*                         |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| 8\. Purpose of License            |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| **9. By the acceptance of this,   |                 |   |                |
| license, the licensee agrees to   |                 |   |                |
| abide and be bound by the General |                 |   |                |
| Conditions on the rear of this    |                 |   |                |
| form and following conditions:**  |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| **I0. Special Conditions**        |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| **That condition(s) No.(s) was    |                 |   |                |
| (were) deleted before the         |                 |   |                |
| execution of this license.**      |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| **U.S. Department of Health and   | **Licensee**    |   |                |
| Human Services Licensor**         |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| Dated *(Month, day, year)*        | Accepted        |   |                |
|                                   | *(Month, day,   |   |                |
|                                   | year)*          |   |                |
+-----------------------------------+-----------------+---+----------------+
| By *(Signature)*                  | By              |   |                |
|                                   | *(Signature)*   |   |                |
+-----------------------------------+-----------------+---+----------------+
| Name                              | Name            |   |                |
+-----------------------------------+-----------------+---+----------------+
| Title                             | Title           |   |                |
+-----------------------------------+-----------------+---+----------------+
| *If Licensee is a Corporation,    |                 |   |                |
| the following Certificate of      |                 |   |                |
| Licensee must be executed.*       |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| **Certificate of Corporative      |                 |   |                |
| Licensee**                        |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
| I certify that I was a Secretary  |                 |   |                |
| of a corporation named as         |                 |   |                |
| licensee herein; that the person  |                 |   |                |
| who signed said license on behalf |                 |   |                |
| of the licensee was with said     |                 |   |                |
| corporation; and that said        |                 |   |                |
| license was duly signed for and   |                 |   |                |
| in behalf of said corporation by  |                 |   |                |
| authority of its governing body,  |                 |   |                |
| and is within the scope of its    |                 |   |                |
| corporate powers.                 |                 |   |                |
+-----------------------------------+-----------------+---+----------------+
|                                   | Name of         |   |                |
|                                   | Certifier       |   |                |
+-----------------------------------+-----------------+---+----------------+
|                                   | Title of        |   |                |
|                                   | Certifier       |   |                |
+-----------------------------------+-----------------+---+----------------+
|                                   | Name of License |   |                |
|                                   | Signer          |   |                |
+-----------------------------------+-----------------+---+----------------+
|                                   | Title of        |   |                |
|                                   | License Signer  |   |                |
+-----------------------------------+-----------------+---+----------------+
|                                   | Signature of    |   |                |
|                                   | Certifier       |   |                |
+-----------------------------------+-----------------+---+----------------+

U.S. Department of Health and Human Services HHS Form xxxx GS-1582

a\. **Compliance**. Any use made of property affected by the license and
any construction, maintenance, repair, or other work performed thereon
by the licensee, including the installation and removal of any article
or thing, shall be accomplished in a manner satisfactory to the U.S.
Department of Health and Human Services, hereafter referred to as HHS.

b\. **Structures.** The licensee shall not place or construct upon, over
or under the property any installation or structure of any kind or
character, except such as are specifically authorized herein.

c\. **Laws and Ordinances.** In the exercise of any privilege granted by
this license, licensee shall comply with all applicable Federal, State,
municipal and local laws, and the rules, orders, regulations and
requirements of Federal governmental departments and bureaus.

d\. **SANITARY CONDITIONS.** If this license gives possession of United
States Property, the licensee shall at all times keep the premises in a
sanitary condition satisfactory to HHS.

e\. **Damage.** Except as may be otherwise provided by the special
conditions above, no United States property shall be destroyed,
displaced or damaged by the licensee in the exercise of the privilege
granted by this license without the prior written consent of HHS and the
express agreement of the licensee promptly to replace, return, repair
and restore any such property to a condition satisfactory to HHS upon
demand.

f\. **Indemnification**. The licensee shall indemnify and hold harmless
the United States, its agents and employee against any and all loss,
damage, claim, or liability whatsoever, due to personal injury or death,
or damage to property or others directly or indirectly due to the
exercise by the licensee of the privilege granted by this license or any
other act or omission of licensee, including failure to comply with the
obligations of said license.

g\. **Storage.** Any United States Property which must be removed to
permit exercise of the privilege granted by this license shall be
stored, relocated or removed from the site, and returned to its original
location upon termination of this license, at the sole cost and expense
of the licensee, as directed by HHS.

h\. **Operation.** The licensee shall confine activities on the property
strictly to those necessary for the enjoyment of the privilege hereby
licensed, and shall refrain from marring or impairing the appearance of
said property, obstructing access thereto, interfering with the
transaction of Government business and the convenience of the public, or
jeopardizing the safety of persons or property, or causing justifiable
public criticism.

i\. **Notice.** Any property of the licensee installed or located on the
property affected by the license shall be removed upon 30 days' written
notice from HHS.

J. **Guarantee Deposit**. Any deposit which may be required to guarantee
compliance with terms and conditions of this license shall be in the
form of a certified check, cashiers check or postal money order in the
amount above, payable to HHS.

k**. Bond.** Any bond required by this license shall be in the amount
designated above, executed in manner and form and with sureties
satisfactory to HHS.

l**. Expense**. Any cost, expense or liability connected with or in any
manner incident to the granting, exercise, enjoyment or relinquishment
of this license shall be solely assumed and discharged by the licenses.

m\. **Future Requirements**. The licensee shall promptly comply with
such further conditions and requirement as HHS may hereafter prescribe.

n\. **Attempted variations**. There shall be no variation or departure
from the terms of this license without prior written consent of HHS.

o\. **Nondiscrimination**. The licensee agrees that no person will be
discriminated against in connection with the use made by the licensee of
the property on the ground of race, color or national origin, nor will
any person be denied the benefits of or be subjected to discrimination
under any program or activity held, conducted sponsored by the licensee
in that any activity, program or use made of the property by the
licensee will be in compliance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 238; 42 USC 2000d) and the applicable
regulations of HHS and GSA (41 CFR Subpart 101-6.2).

The licensee will obtain from each person or firm, who through
contractual or other arrangements with the licensee, provides services,
benefits or performs work on the property, a written agreement whereby
the person or firm agrees to assume the same obligations with respect to
nondiscrimination as those imposed upon the licensee by law and will
furnish a copy of such agreement to the licensor.

The breach by the licensee of conditions relating to nondiscrimination
shall constitute sufficient cause for cancellation and revocation of the
license.

+-----------------------------------+-----------+-----+----------------+
| **Permit for Use of Real Property |           |     | 1\. Permit No. |
| by Federal Agency**               |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| Permission, revocable at the will |           |     |                |
| of the United States Department   |           |     |                |
| of Health and Human Services, is  |           |     |                |
| hereby granted the Permittee      |           |     |                |
| hereinafter named to use the      |           |     |                |
| property described below for the  |           |     |                |
| purpose designated, subject to    |           |     |                |
| the conditions, special and       |           |     |                |
| general, herein prescribed.       |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| 2\. Name of Permittee Agebcy      | 3\. Local |     |                |
|                                   | Repre     |     |                |
|                                   | sentative |     |                |
|                                   | *(Name    |     |                |
|                                   | and       |     |                |
|                                   | Address)* |     |                |
+-----------------------------------+-----------+-----+----------------+
| 4\. Project Designation and       |           | 5\. |                |
| Address                           |           | M   |                |
|                                   |           | axi |                |
|                                   |           | mum |                |
|                                   |           | Per |                |
|                                   |           | iod |                |
|                                   |           | C   |                |
|                                   |           | ove |                |
|                                   |           | red |                |
+-----------------------------------+-----------+-----+----------------+
|                                   |           | A.  |                |
|                                   |           | F   |                |
|                                   |           | rom |                |
+-----------------------------------+-----------+-----+----------------+
|                                   |           | B.  |                |
|                                   |           | To  |                |
+-----------------------------------+-----------+-----+----------------+
| 6\. Description of Property       |           |     |                |
| Affected                          |           |     |                |
|                                   |           |     |                |
| *(As shown on Exhibit             |           |     |                |
| \_                                |           |     |                |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, |           |     |                |
| attached hereto and made a part   |           |     |                |
| hereof.)*                         |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| 7\. Purpose of Permit             |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| 8\. By the acceptance of this,    |           |     |                |
| permit, the Permittee agrees to   |           |     |                |
| abide and be bound by **the       |           |     |                |
| General Conditions on the rear of |           |     |                |
| this form and** the following     |           |     |                |
| conditions:                       |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| **I. Special Conditions**         |           |     |                |
+-----------------------------------+-----------+-----+----------------+
|                                   |           |     |                |
+-----------------------------------+-----------+-----+----------------+
|                                   |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| **11. General Conditions**        |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| a\. The use and occupancy of the  |           |     |                |
| property shall be without cost or |           |     |                |
| expense to the United States      |           |     |                |
| Department of Health and Human    |           |     |                |
| Services (HHS), and under general |           |     |                |
| supervision of HHS or its         |           |     |                |
| authorized representatives, and   |           |     |                |
| subject to such rules and         |           |     |                |
| regulations as he/she may         |           |     |                |
| prescribe from time to time.      |           |     |                |
|                                   |           |     |                |
| b\. The permittee shall at its    |           |     |                |
| own expense and without cost or   |           |     |                |
| expense to HHS, maintain and keep |           |     |                |
| the property in good repair and   |           |     |                |
| condition                         |           |     |                |
|                                   |           |     |                |
| c\. The use to be made of the     |           |     |                |
| property shall be limited to that |           |     |                |
| specified in the permit.          |           |     |                |
|                                   |           |     |                |
| d\. The permittee shall pay the   |           |     |                |
| cost, as determined by HHS or its |           |     |                |
| authorized representative of      |           |     |                |
| producing and/or supplying any    |           |     |                |
| utilities and other services      |           |     |                |
| furnished by the Government for   |           |     |                |
| use of the permittee.             |           |     |                |
|                                   |           |     |                |
| e\. No additions to or            |           |     |                |
| alterations of the property shall |           |     |                |
| be made without the prior consent |           |     |                |
| of HHS or its authorized          |           |     |                |
| representative.                   |           |     |                |
|                                   |           |     |                |
| f\. On or before the date of      |           |     |                |
| expiration or termination of this |           |     |                |
| permit, the permittee shall       |           |     |                |
| vacate the premises, remove its   |           |     |                |
| property therefrom and restore    |           |     |                |
| the premises to a condition       |           |     |                |
| satisfactory to HHS. If however,  |           |     |                |
| this permit is revoked, the       |           |     |                |
| permittee shall vacate the        |           |     |                |
| premises, remove its property     |           |     |                |
| therefrom and restore the         |           |     |                |
| premises as aforesaid within such |           |     |                |
| time as the HHS may designate.    |           |     |                |
+-----------------------------------+-----------+-----+----------------+
| Dated *(Day, Month, Year)*        | Dated     |     |                |
|                                   | *(Day,    |     |                |
|                                   | Month,    |     |                |
|                                   | Year)*    |     |                |
+-----------------------------------+-----------+-----+----------------+
| By *(Signature)*                  | By        |     |                |
|                                   | *(si      |     |                |
|                                   | gnature)* |     |                |
+-----------------------------------+-----------+-----+----------------+
| Name of Signer                    | Name of   |     |                |
|                                   | Signer    |     |                |
+-----------------------------------+-----------+-----+----------------+
| Title                             | Title     |     |                |
+-----------------------------------+-----------+-----+----------------+

U.S. Department of Health and Human Services HHS Form xxxx GS-1583

Section 4-6: NAMING and dedicating INSTALLATIONS AND BUILDINGS

4-6-00 Policy

10 Procedures

20 (Reserved)

30 (Reserved)

X4-6-A Sample Planning Guide for Dedication Ceremonies

4-6-00 Policy

Under Section 410 of the Public Buildings Act of 1949 (40 USC 3102), the
Administrator of General Services has the authority to name, rename, or
otherwise designate any building under the control of GSA regardless of
whether it was previously named by the statute. The Secretary of Health
and Human Services has authority to provide suitably for acknowledging
within the Department (whether by memorials, designations or other
suitable acknowledgments, (1) efforts of persons who have contributed
substantially to the health of the nation and (2) gifts for use in
activities of the Department related to health. 42 U.S.C. 238i. The
Secretary also has inherent authority under 5 U.S.C. 301 to name or
rename HHS's own buildings in the absence of specific expression by
Congress. The primary purpose in designating an official name for an
installation or building is to identify the occupying activity for the
public and official visitors. Following usual practices, it is
Department policy not to name an installation or building for living
persons or, other than in exceptional cases, for deceased persons.

It is also Department policy to recognize the completion of a new
installation, building, or major extension to an existing building as an
event of importance to the program and to the local community.
Therefore, it is the policy of the Department to recognize the occasion
by planning and conducting appropriate dedication ceremonies. This
provides citizens with an opportunity to see the physical evidence of
tax expenditures.

The GSA has adopted the following inscription for all cornerstones of
federally constructed buildings:

United States of America

President

(Name of President at the time cornerstone is set.)

Year Construction Started

Additional names, if any, will be determined on a case-by-case basis. No
plaques or tablets, which pertain to the construction of the building or
those responsible for the construction, will be placed on the interior
of the building.

4-6-10 Procedures

A. Naming Facilities

To process a request for memorialization honor, the following
information and attachments shall be submitted by the OPDIV to OFMP for
the Secretary's decision:

-   a biography of the individual to be honored;

-   copies of pertinent official files concerning the individual;

-   photographs of the installation, building, room, etc., to be named
    in honor of the individual;

-   if new construction is involved, completion dates, description of
    the facility, etc.;

-   recommendations as to action to be taken on the memorialization
    request and planning of the dedication ceremony;

-   designation of an official to coordinate required actions; and

-   if the request proposes a memorial or plaque for an individual or
    group, the following additional information should be furnished:

    -   complete justification for the memorial or plaque, including the
        proposed inscription; and

    -   sketches showing the design and location on site or building and
        photographs or site.

The OPDIV will be notified of the action taken on the request.

B. DEDICATION CEREMONIES

The OPDIV is responsible for the planning and execution of dedication
ceremonies. A "Sample Planning Guide for Dedication Ceremonies" is
provided as Exhibit X4-6-A. Tribal participation in planning ceremonies
for IHS facilities is mandatory. A dedication committee may be appointed
to assist in the ceremonial program and should determine, on a
case-by-case basis, if there is a need for HHS Departmental
participation. Plans for publicizing the naming and/or dedication of
installations and buildings, including the erection of memorials and
plaques, shall be reviewed by the Office of the Assistant Secretary for
Public Affairs. This requirement shall include public information
clearance of news releases for press, radio, and television; printed
programs and commemorative booklets; copies of speeches to be delivered
by HHS staff; and any other related printed materials.

Sample

Planning Guide

for

Dedication Ceremonies

Developing a dedication ceremony involves all of the following factors
or planning steps and may require others in local situations:

-   Fixing the Date

-   Establishing Local Liaison

-   Establishing Congressional Liaison

-   Memorialization Honors

-   Program Development

-   Program

-   Other Planning Factors to be Considered

-   Invitations

-   Publicity

-   Physical Arrangements

The essential elements in each of the above planning steps are:

A. FIXING THE DATE

Dedication ceremonies should not take place until an installation or
building is completed and occupied, but should be held no later than 30
days after complete building occupancy. Work toward establishing the
date for the ceremonies should begin as soon as occupancy dates are
fairly firm. In almost all cases, planning should begin from 60 to 90
days in advance of the actual ceremony.

In selecting the actual day, several factors are to be considered, such
as the possibility of the coincidence of a national holiday or a day
having particular local significance and history. Many communities close
business establishments for a half-day during the week; to others,
Saturday is a particularly festive day. In any event, judgment should be
exercised in making the ceremony as accessible and convenient to the
public as possible. Weekend ceremonies are difficult due to the
Washington tie-in, but should not be discounted in making plans.

Things to be considered when fixing the hour for the ceremony include
traffic considerations, accommodating travel schedules for out-of-town
guests, preferences/availability of dignitaries, etc.

B. ESTABLISHING local LIAISON

This is the most important element in ceremony planning. Without proper
local assistance and liaison, ceremonies can be difficult and sometimes
harmful. The dedication committee should exercise great care in
requesting local representatives to work with it, and should be positive
that all civic interests that wish to participate are given an
opportunity to do so.

A successful procedure, tested in the past, is as follows: The
dedication committee contacts the most appropriate local leading public
official (*e.g.*, the Mayor, City Manager, and/or Indian Tribal
Official) and invites him/her to serve on the committee. In addition, it
will be desirable to appoint to the committee the following: (a) Chief
of Police (for traffic purposes); (b) Presidents of the leading civic
groups, such as, Chamber of Commerce, Board of Trade, etc. (Appointment
of a representative of such organizations as Lions, Kiwanis, Rotary,
etc., should be avoided because of possible misinterpretation by those
not named); (c) the local leading representative of news media
(newspaper publisher, editor, owner of TV facility, etc.); and (d) local
head of the professional or other group having an interest in the work
to be carried on in the installation or building.

C. ESTABLISHING CONGRESSIONAL LIAISON

The participation of political figures in dedication ceremonies has
considerable precedent. These most definitely will include appropriate
members of the Senate and House Committees interested in the program for
which the installation or building was constructed. The Congressional
Representative from the District, Senatorial figures, and state
officials should also be considered. Notwithstanding the political party
of the local official, the committee must make certain that full and
complete liaison is established with members of Congress. In addition,
the committee may wish to invite the Governor and other state officials.

Event organizers should give special attention to program protocol.
Remarks are delivered with the most prestigious guest addressing the
audience last. In most cases the final, or keynote, speaker will be a
Member of Congress, the Governor, the Secretary of Health and Human
Services, or other designated HHS official, or someone who has made a
significant contribution to the facility or effort being dedicated or
honored. The following officials may participate in event ceremonies.
They are listed in descending order of precedence:

-   President of the United States

-   Vice President of the United States

-   Governor of the state

-   Cabinet Secretaries, with the Secretary of State ranking first

-   U.S. Senators

-   Governor of a neighboring state

-   Members of the U.S. House of Representatives

-   Under Secretaries, Deputy Secretaries, Assistant Secretaries of
    Executive Branch departments or the number two official in a
    department regardless of title

-   Under Secretaries of Military Departments

-   Four-star generals and equivalent ranked admirals, according to
    seniority

-   State senators

-   State representatives or delegates

-   State executive department officials

-   City and county officials

The order of precedence should be used for seating and for
introductions. The lowest ranking official should speak first, the
highest ranking official last.

D. Memorialization Honors

The following planning criteria should be considered when the Secretary
has approved such honors:

> [Selection of the Guest of Honor]{.underline}
>
> The dedication committee will select the guest of honor for the
> dedication ceremony of an installation or building in the following
> order of precedence:
>
> The surviving spouse, if not remarried; eldest son or daughter;
> father/mother, or both; Eldest brother or sister; or Beneficiary, if
> no close relatives are available.
>
> [Notification to the Next of Kin]{.underline}
>
> When a request for memorialization honors has been approved and a
> letter signed by the Secretary, HHS will transmit the initial
> notification of the action planned to the next of kin of the
> individual whose memory is being honored. When possible, the letter
> should be personally delivered to the next of kin by a member of the
> dedication committee. This official should personally consult with the
> guest of honor and, consistent with existing policies and regulations,
> strive to satisfy his/her wishes concerning the ceremony.

E. Program Development

Development of a program may proceed as follows:

1.  The local official is asked to serve as Master of Ceremonies.

2.  Two local clergymen are invited to deliver the invocation and the
    benediction.

3.  If music is desired, the local committee is assigned responsibility
    for obtaining necessary band(s) (usually high school or university).

4.  The guest speaker is scheduled to make a short speech.

5.  The Secretary or OPDIV representative is invited to deliver the
    dedicatory address.

6.  The building contractor is invited to present a United States flag
    to fly over the building.

7.  A staff member of the installation usually is scheduled to receive
    the flag.

8.  A firm decision should be made as to inclusion of other speaker(s)
    on the program. Members of Congress who have shown particular
    interest in the project could be considered. Other prominent
    persons, such as the President of the Architectural and Engineering
    firm, may be invited to the ceremony and may be seated on the
    speaker\'s platform even though they may not be called upon to
    speak.

F. Program

A complete program may follow this format:

> Invocation (2 minutes)
>
> Master of Ceremonies welcoming remarks (3 minutes)
>
> Introduction of honored guest and others seated on the speaker's
> platform (10 minutes)
>
> Congressional Representative (5 minutes)
>
> Additional speaker (5 minutes)
>
> The Dedicatory Address (15 minutes)
>
> Master of Ceremonies closing remarks (3 minutes)
>
> Benediction (2 minutes)

This outline provides a program of 45 minutes duration. It can be
expanded to allow one or two additional speakers, but in no event should
the proceedings exceed 1 hour. If desired, the program may be shortened
further by reducing time allotted for introductions and speakers. The
program should be developed carefully, with the objective of providing a
balance of interests in a space of time that will not cause the audience
to become restless and inattentive.

G. Other Planning Factors to be considered

Subject to appropriation laws and the availability of funds for such
purposes, the following are various components of a typical
memorialization/dedication ceremony and related activities for the
naming of an installation or building that should be added to the
program listing provided in item 8 above.

> [Transportation.]{.underline} An appropriate escort will meet the
> guest of honor and his/her party upon their arrival in the area
> (airport, station, etc.) and conduct them to the site of the ceremony.
>
> [Greetings.]{.underline} Prior to starting the ceremonies, the Master
> or Ceremonies will receive the guest of honor at the reviewing
> platform and introduce the speakers and dignitaries while the band
> plays soft music.
>
> [Mementos]{.underline}. When appropriate, flowers or corsages should
> be provided for the guest of honor and/or next of kin. A bound album
> (not larger than 10\" x 16\") of appropriate photographs and narration
> relating to the ceremony should be prepared and presented to the guest
> of honor and/or parents and children of the deceased. If the guest of
> honor and/or family of the deceased wishes to present a plaque or
> portrait, it may be accepted.
>
> [Reception]{.underline}. It is sometimes suitable to follow a ceremony
> with a reception for the guest of honor and/or parents of the deceased
> and special guests. These receptions need not be large or elaborate,
> and maximum use should be made of available Government facilities.
>
> [Hearing Impaired]{.underline}. Arrangements for an interpreter for
> the hearing-impaired should be considered to help ensure that everyone
> fully appreciates the program.

H. INVITATIONS

Invitations are treated as a separate factor because they are connected
with both protocol and publicity. The following steps should be taken in
connection with invitations:

1.  As host, all formal invitations to the dedication come from the
    dedication committee. These take two forms: (a) personal letters to
    dignitaries who are invited as speakers should clearly convey what
    the invitee will be asked to do (*e.g.*, deliver brief remarks of
    approximately \# minutes duration, where the speaker should come,
    etc.); (b) printed invitations, listing the program for mailing to
    all other invitees. If reserved seating (see \"Physical
    Arrangements\") is to be available, the invitation can be used
    numerically to control seating.

2.  Often, a combination invitation-guest pass is used. The invitation
    is headed: \"The Department of Health and Human Services Cordially
    Invites You \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_."

3.  Invitations should be mailed approximately 30 days prior to the
    ceremony, if possible. At that time, the Congressional Liaison
    Officer should be informed of the overall plans for the dedication
    ceremony and furnished with a list of dignitaries invited to
    participate.

I. PUBLICITY

Publicity in connection with the dedication ceremony is the
responsibility of the news media member of the local dedication
committee. He/she should assure adequate coverage of the event by
announcements of date, time, place, etc. As speakers are selected, the
dedication committee should arrange for biographical information and
photographs to be forwarded for publication. It should arrange for the
advance copies of texts of speeches, and should provide the news media
with fact sheets and other material pertinent to the building. Every
effort should be made to assure good news coverage. His/her
responsibility includes not only advance coverage, but also the
determination of what type of coverage will be obtained during the
ceremony; *e.g.*, live radio or TV, motion pictures, etc. He/she will be
responsible for advising the dedication committee well in advance as to
what press requirements will be needed for space, tables, platforms,
power outlets, vantage points for photographers, etc.

j\. Physical Arrangements

The physical arrangements provided for a dedication ceremony should be
dignified and simple, adequate for the occasion, and conducive to the
execution of all established plans. Physical arrangements fall into the
following categories:

1.  [Transportation]{.underline}. Suitable transportation should be
    arranged for visiting dignitaries throughout their stay.

2.  [Accommodations.]{.underline} The dedication committee should make
    necessary reservations for incoming dignitaries.

3.  [Installation or Building Preparations]{.underline}. Ceremonies
    should be held at the most convenient location within the
    installation or immediately outside a new building. However,
    alternate plans should be made in the event of inclement weather.

> The Construction Superintendent may be of considerable help in making
> the following arrangements if the requirement has been included in the
> contract scope of work:

a.  [Speaker\'s Platform or Area]{.underline}. If a platform is
    necessary, the building contractor will provide it if it is in the
    original contract scope of work, or if incorporated by modification.
    The platform f1oor (if constructed of lumber) should be solid, so as
    not to present a hazard. The platform should have an access from the
    rear; it should provide for mounting of speakers leaving the
    building and coming out onto the platform, facing the audience. The
    platform or area where the speakers will be seated may be decorated
    with bunting or other material to focus attention on it. The
    American flag and HHS flag customarily flank the stage. Flags must
    be displayed in accordance with the Flags Code, 4 U.S.C. 1-10.
    Usually 36 U.S.C. \'\' 175 (k) will apply. In addition, it should be
    equipped with a suitable public address system, lectern, and
    necessary number of comfortable and attractive chairs. A podium with
    a high quality sound system is positioned on the stage; the Service
    emblem prominently displayed on the front surface. Place ice water,
    glasses, and paperweight behind the podium for use by the speakers.

b.  [Seating Arrangements]{.underline}

> [Speaker\'s Platform or Area]{.underline}. A seating diagram should be
> drawn in advance and the chairs plainly marked with the names of each
> individual. The seating should be arranged so that the main speakers
> are seated in the front row(s) and sufficient aisle room is provided
> for access to lectern. To avoid confusion, the speakers should be
> asked to congregate in a specified room within the building
> immediately in advance of the ceremony and move in a single file, in
> accordance with a prearranged seating order, onto the platform.
>
> [Chairs for Audience]{.underline}. The local GSA office, BIA
> Superintendent, other Government agencies, or local organizations may
> provide chairs for the audience. The chairs should be set up well
> before the ceremony with row markings or other necessary
> identification if a reservation system is used.
>
> [Press Table]{.underline}. Space should be provided for the press
> immediately facing the speaker\'s platform or at other vantage points.
> This may include a table and chairs, a platform for mounting cameras,
> etc. Care should be taken that the location selected gives a clear
> view, but does not obstruct the view of spectators.

c.  [Protection of Building and Grounds]{.underline}. Suitable
    precautions should be taken to protect newly planted shrubs and
    grass; assure non-entry into classified area; remove traffic and
    pedestrian hazards; and any other steps normally taken when an
    extraordinary amount of pedestrian traffic is expected.

d.  [Parking]{.underline}. Local police authorities should be requested
    to issue special traffic passes, assign police officers to handle
    traffic, and provide for the temporary suspension of conventional
    parking rules. The official in charge of the installation or
    building may do the same in connection with building parking on or
    in areas under his/her control.

K. TOUR OF INSTALLATION OR BUILDING

At the conclusion of the ceremonies, it is customary to invite the
public to tour the new installation or building. If this is on a
workday, the individual offices should assign staff to answer questions
and the buildings manager should provide adequate elevator service,
guides, and assure that passageways are not obstructed. If the ceremony
is on a non-workday, the occupant offices should provide volunteer
staffs to answer questions concerning their particular activities.

L. [Post-event Details]{.underline}

After the guests and dignitaries depart, there is still much work to be
done.

-   Enter the clean-up crew to break down the stage and exhibits; load
    and return the tables, chairs, and other borrowed equipment; and
    dispose of all trash.

-   Follow up with local reporters to ensure they have enough
    information to prepare an accurate account of the celebration. If
    not, offer to provide them with more details or to prepare a news
    release. Also, offer copies of photos that were taken on the day of
    the event for their use in an article.

-   Promptly after the event, thank you letters should be sent to
    speakers, sponsors, entertainers, exhibitors, volunteers, and other
    participating organizations who helped make the event a success.

-   A few days following the event, gather everyone involved with
    staging the event to critique the effort. What went well? Where
    could changes be made next time? Did anyone receive complaints or
    complements? Discuss them, share ideas, and make notes for the
    future.

These post-event details will provide a sense of closure for the
organizers and volunteers and hopefully leave everyone with positive
memories and satisfaction for a job well done. The importance of these
final tasks should not be minimized.

Section 4-7: Building Services

4-7-00 Policy

10 Procedures

20 Guidance and Information

30 Reporting Requirements

4-7-00 Policy

HHS and its OPDIVs must provide occupancy services that substantially
conform to nationally recognized standards. As needed, OPDIVs may adopt
other standards for buildings and services in federally controlled
facilities to conform to statutory requirements and to implement
cost-reduction efforts. Building services, such as custodial, solid
waste management (including recycling), heating and cooling, landscaping
and grounds maintenance, tenant alterations, minor repairs, building
maintenance, integrated pest management, signage, parking, and snow
removal, are to be provided at appropriate levels to support Federal
agency missions. Arrangements shall also be made for raising and
lowering the United States flags at appropriate times. In addition,
agencies must display P.O.W. and M.I.A. flags at locations specified in
36 U.S.C. 902 on P.O.W./M.I.A. flag display days.

Operations, maintenance, and repair functions at HHS facilities shall be
supported with a combination of funding, space, equipment, and staffing
that is sufficient to operate, maintain, and repair the facilities in
accordance with applicable Federal standards and recognized industry
standards relevant to the use of buildings or other facilities of
similar types, age, and physical condition.

4-7-10 Procedures

operations and Maintenance (O&M) - The O&M management of HHS facilities
includes the following areas of responsibility:

A. Real Property

> 1\. Buildings: The maintenance, repair, and inspection of buildings,
> towers, and other structures.
>
> 2\. Pavements and Other Surfaced Areas: The maintenance, repair, and
> inspection of roads, streets, walks, parking areas, and other similar
> facilities. Operation, maintenance, repair, and inspection of external
> lighting and security systems.
>
> 3\. Grounds: The maintenance, repair, and inspection of lawns, trees,
> shrubs, fencing, and ornamental improvements. Operation, maintenance,
> repair, and inspection of lawn watering systems, and other installed
> grounds equipment.
>
> 4\. Equipment: The operation, maintenance, repair, and inspection of
> real property installed equipment.

B. Utilities

> 1\. Communications: The maintenance, repair, and inspection of fixed
> Government-owned telephone and other communications equipment under
> HHS control.
>
> 2\. Electricity: The furnishing, metering, and distribution of
> electricity, including the operation, maintenance, repair, and
> inspection of electrical generating plants, transmission, and
> distribution systems, building wiring, and stand-by equipment. Does
> not include provision of electrical energy to Government-furnished
> quarters where electricity is not included in the rental charge.
>
> 3\. Gases: The distribution of piped gases for laboratory or medical
> use, including oxygen, nitrous oxide, carbon dioxide, carbon dioxide,
> nitrogen, air propane, butane, natural, or other gases; and the
> maintenance, repair, and inspection of the storage, transmission, and
> distribution systems for these gases.
>
> 4\. Heating Fuels: The furnishing, metering, and distribution of fuels
> used for heating, including coal; synthetic, natural, or liquefied
> petroleum gas; and oil fuel. The operation, maintenance, inspection,
> and repair of storage, transmission, and distribution systems. Does
> not include the provision of fuels to Government-furnished quarters
> where heat is not included in the rental charge.

C. BUILDING EQUIPMENT AND SYSTEMS

> 1\. Heating: The operation, maintenance, repair, and inspection of
> heating plants, heating systems, and related equipment.
>
> 2\. Refrigeration, Air-Conditioning, and Ventilation: The operation,
> maintenance, repair, and inspection of ice manufacturing equipment,
> refrigeration equipment, air-conditioning and ventilation equipment,
> cooling towers, chilled water systems, and related piping and
> controls.
>
> 3\. Sewerage: The operation, maintenance, repair, and inspection of
> sanitary sewers, storm sewers, and pumping, treatment, and disposal
> systems. Includes provision of chemicals and supplies required for
> sewage treatment.
>
> 4\. Steam: The supply, metering, and distribution of steam including
> the operation, maintenance, repair, and inspection of steam generating
> plants, transmission systems, distribution and return systems, and
> related installed equipment.
>
> 5\. Water: The furnishing, metering, and distribution of water,
> including the operation, maintenance, repair, and inspection of water
> supply, treatment, storage, pumping, distribution systems, and
> stand-by equipment. Includes quality assurance activities.

D. WASTE MANAGEMENT

> 1\. Waste Disposal: The bulk collection, separation, incineration,
> hauling, burying, or otherwise disposing of waste material, including
> operation, maintenance, repair, and inspection of incinerators,
> sanitary land fills, or other disposal facilities, and the
> maintenance, repair, and inspection of equipment used for this
> purpose. Includes resource recovery activities.
>
> 2\. Recycling
>
> 3\. Procurement of Recycled Products

E. Services

> 1\. Fire Safety: The development of fire protection procedures and
> application of standards, the operation, maintenance, repair, and
> inspection of portable and installed fire protection equipment, and
> alarm systems; and, the promotion and supervision of fire prevention
> programs related to facilities operation, maintenance, and repair
> activities.
>
> 2\. Pest Control: The execution of such maintenance, repair,
> inspection, and treatment work as may be required for extermination
> and control of insects, rodents, and other pests and organisms in
> accordance with integrated pest management processes and plans.
>
> 3\. Housekeeping Services:
>
> a\. Buildings: Window washing; relamping of light fixtures; cleaning
> of walls, doors, ceilings, light fixtures, air diffusers, floors, and
> floor coverings; shampooing, stripping, sealing, waxing, buffing
> floors; dusting of office furniture; emptying and cleaning waste
> baskets and other waste receptacles; removal of waste to a central
> collection area; dusting, cleaning and sanitizing of toilet rooms,
> baths, showers, locker rooms, janitors' closets, including servicing
> with paper, soap, and other necessary supplies. Inspection to assure
> quality of services.
>
> b\. Grounds: Collection and removal of waste material, sweeping of
> walks and other surfaced areas, removal of snow and ice from
> pedestrian walkways, vehicular roads and parking areas, and service
> areas (docks, ramps) as necessary at pedestrian entrance and exit
> walks. Inspection to assure quality of services.
>
> c\. Site: Provision of services that support environmental protection
> (*e.g.*, recycling and resource recovery). Support of special emphasis
> programs including actions to support a safe workplace.

F. Maintenance Surveillance

> 1\. Maintenance surveillance is applicable to real property facilities
> utilized by the HHS, but owned or leased by GSA, or operated by GSA or
> others; and to real property facilities, which are leased by or
> assigned to the HHS, but operated by others.
>
> 2\. This activity includes inspection and review of the items listed
> above, insofar as they are directly related to and affect the HHS
> occupancy use of a facility. For example, faulty ventilation and
> air-conditioning, inadequate lighting levels, unsafe conditions,
> unsatisfactory maintenance and cleaning of the facility, recurring
> electrical outages, etc., are all problems that are within the scope
> of maintenance surveillance.

G. Other

The installation, maintenance, repair, and removal of all signs, charts,
boards, displays, etc., whether or not affixed to real property, except
for signs relating to real property and its functions (building names,
numbers, door numbers, department names, directional information, such
as fire alarms, fire exits, etc.). Program funds must be provided for
this effort, as normal O&M funds generally do not cover this work.

4-7-20 Guidance and Information

A preventive maintenance program shall be established, operated, and
monitored for each HHS-owned facility, whether operated by the HHS or by
others to ensure a safe and healthy work environment and continuity of
business operations. The program shall include the following elements:

> 1\. Inventory of buildings, other structures, and equipment.
>
> 2\. Selection of structural features and equipment requiring
> inspection, routine maintenance, cleaning, testing, and adjusting on a
> periodic basis.
>
> 3\. Development of preventative maintenance guides for selected items.
>
> 4\. Using engineered performance standards or equivalent technique;
> establishment and application of standard time and skills requirement
> to each preventative maintenance task.
>
> 5\. Evaluation of preventative maintenance staffing requirement and
> scheduling of task accomplishment either by in-house staff or by
> contract.
>
> 6\. Establishment and application of quality assurance review and
> correction procedures.
>
> 7\. Provision of resources required to accomplish the preventative
> maintenance program.
>
> 8\. Material Safety Data Sheets (MSDS) are readily available for
> hazardous chemicals used in building services and construction
> operations.

Section 4-8: RELIABILITY CENTERED MAINTENANCE

4-8-00 Policy

10 Procedures

20 Guidance and Information

30 (Reserved)

4-8-00 POLICY

The purpose of this section is to provide general information that will
introduce and encourage implementation of Reliability Centered
Maintenance (RCM) concepts and programs within the HHS facilities
community. The intended audience includes facility planners, designers,
equipment procurement specialists, construction managers, systems
engineers, and maintenance and operations (M&O) contract planners and
managers.

A. Background

Reliability Centered Maintenance (RCM) is a process used to determine
the most effective approach to maintenance. It involves identifying
actions that, when taken, will reduce the probability of failure through
an optimal mix of Condition-Based Actions, Time/Cycle-Based actions, or
a Run-to-Failure approach to take advantage of their respective
strengths in order to optimize facility and equipment operability and
efficiency while minimizing life-cycle costs. RCM data can also provide
useful input for Facility Condition Assessments and for determining the
Backlog of Maintenance and Repair (BMAR).

B. Responsibilities

All HHS personnel with duties and responsibilities involving any aspect
of the facilities life-cycle shall include Reliability Centered
Maintenance considerations in their decision-making processes. These
considerations are consistent and closely aligned with the concepts of
Sustainability, Life-cycle costs, and Mission-dependency.

4-8-10 PROCEDURES

Properly implemented Reliability Centered Maintenance programs will
optimize the life-cycle cost versus benefit of facilities and associated
equipment. RCM is Function Oriented, System Focused, Reliability
Centered, Acknowledges Design Limitations, Driven by Safety and
Economics, and Relevant to the failure mode. RCM analysis considers the
following questions:

-   What does the system or equipment do; what is its function?

-   What functional failures are likely to occur?

-   What are the likely consequences of those functional failures?

-   How quickly and cost effectively can failures be mitigated?

-   What can be done to reduce the probability of the failure, identify
    the onset of failure, or reduce the consequences of the failure?

-   How does the cost to deter/prevent failure compare with the
    consequences of failure?

4-8-20 GUIDANCE AND INFORMATION

The Reliability Centered Maintenance (RCM) philosophy employs Preventive
Maintenance (PM), Predictive Testing and Inspection (PT&I), Repair (also
called reactive maintenance), and Proactive Maintenance techniques in an
integrated manner to increase the probability that a machine or
component will function in the required manner over its design life
cycle with a minimum of maintenance. The goal is to deliver required
reliability and availability at the lowest cost. RCM requires that
maintenance decisions be based on maintenance requirements supported by
sound technical and economic justification.

An RCM program includes reactive, preventive, predictive, and proactive
maintenance. The following definitions describe these and some
additional RCM concepts.

Reactive maintenance - also referred to as breakdown, repair,
fix-when-fail, or run-to-failure (RTF) maintenance. Equipment repair or
replacement occurs only when the deterioration in the equipment's
condition causes a functional failure. In addition there is no ability
to influence when the failures occur because no (or minimal) action is
taken to control or prevent them. A high percentage of unplanned
maintenance activities, high replacement part inventories, and
inefficient use of maintenance effort typify this strategy. Reactive
maintenance can be used effectively when it is performed as a conscious
decision, based on the results of an RCM analysis that compares the risk
and cost of failure with the cost of the maintenance required to
mitigate that risk and cost of failure. Components for which RTF may be
appropriate are non-critical restroom exhaust fans, water heaters, and
items where the consequences of failure are negligible and the time
required to remedy the failure is acceptable.

Preventive Maintenance (PM) - consists of regularly scheduled
inspection, adjustments, cleaning, lubrication, parts replacement,
calibration, and repair of components and equipment. It is performed on
a time-driven or scheduled interval basis without regard to actual
equipment condition. Traditional PM is keyed to failure rates and times
between failures. It assumes that these variables can be determined
statistically, and therefore one can replace a part due for failure
before it fails. PM is based on the assumption that the overhaul of
machinery by disassembly and replacement of worn parts restores the
machine to a like new condition with no harmful effects. However, it has
been shown that in a large number of cases, imposing an arbitrary
preventive task increases the average failure rate through "infant
mortality."

For some items, while failure is related to age, it is not equally
likely to occur throughout the life of the item. In fact, the majority
of equipment is not subject to wear-out (a sharply increasing
conditional probability of failure at a specific operating age).
Therefore, timed maintenance can often result in unnecessary, even
harmful, maintenance. In summary, PM can be costly and ineffective when
it is the sole type of maintenance practiced.

Predictive Testing and Inspection (PT&I) - also known as predictive
maintenance or condition monitoring, uses primarily non-intrusive
testing techniques, visual inspection, and performance data to assess
machinery condition. It replaces arbitrarily timed maintenance tasks
with maintenance that is scheduled only when warranted by equipment
condition. Continuing analysis of equipment condition-monitoring data
allows planning and scheduling of maintenance or repairs in advance of
catastrophic and functional failure. Methods of analysis include trend
analysis, pattern recognition, data comparison, tests against limits and
ranges, correlation of multiple technologies, and statistical process
analysis. Data acquired from the various PT&I techniques can and should
be correlated with each other to increase the probability of detecting
and correctly evaluating equipment condition.

Proactive maintenance improves maintenance through better design,
installation, maintenance procedures, workmanship, and scheduling.
Proactive maintenance typically employs the following basic techniques
to extend machinery life:

-   Specifications for new/rebuilt equipment. Specifications should
    include, as a minimum, vibration, alignment, balancing criteria, and
    other important performance criteria. Good feedback and
    communications are necessary to ensure that recommended changes in
    design or procedures are rapidly made available to designers and
    managers.

-   Precision rebuild and installation. Equipment requires proper
    installation to control life-cycle costs and maximize reliability.
    Poor installation often results in problems routinely faced by both
    maintenance personnel and operators. The adoption and enforcement of
    precision standards can more than double the life of a machine.

-   Failed-part analysis. This proactive process involves inspecting
    failed parts after their removal to identify the cause(s) of their
    failures.

-   Root-cause failure analysis (RCFA). In some cases, plant equipment
    fails repeatedly, and the failures are accepted as a normal
    idiosyncrasy of that equipment. Recurring problems such as short
    bearing life, frequent seal fracture, and structural cracking are
    symptoms of more severe problems. RCFA proactively seeks the
    fundamental causes that lead to facility and equipment failure. Its
    goals are to:

    -   Find the cause of a problem quickly, efficiently, and
        economically.

    -   Correct the cause of the problem, not just its symptom/effect.

    -   Provide information that can help prevent the problem from
        recurring.

    -   Instill a mentality of "fix forever."

-   Reliability engineering involves the redesign, modification, or
    improvement of components or their replacement by superior
    components.

-   Rebuild certification/verification. When new or rebuilt equipment is
    installed, it is essential to verify that it is operating properly.
    To avoid unsatisfactory operation and early failure, the equipment
    should be tested against formal certification and verification
    standards.

-   Age Exploration. Age Exploration (AE) is a key element in
    establishing an RCM program and provides a methodology to vary key
    aspects of the maintenance program in order to optimize the process.
    For example, during visual inspection of a chiller, the technician
    notes the condition of various components. The condition evaluation
    sheet is then correlated with performance data from the Energy
    Management and Control System (EMCS), vibration data, and oil
    analysis data. As a result of this analysis, the decision is made to
    change the interval of the open and inspect until monitored
    conditions indicate degradation has occurred.

-   Recurrence Control. This element provides a systematic approach
    using technical analysis of hardware and/or material failures for
    dealing with repetitive failures.

Section 4-9: OCCUPATIONAL SAFETY AND HEALTH

4-9-00 Policy

10 Procedures

20 Guidance and Information

30 Reporting Requirements

4-9-00 Policy

It is the policy of HHS to provide a safe and healthy work environment
for all its employees and the public served in an effort to prevent
personal injuries, illnesses, and death from work-related causes and to
minimize loss of material resources from accidental occurrences. The
standards to be followed in attaining safe and healthful working
conditions are those issued by the Department of Labor under the
Occupational Safety and Health Administration 29 CFR 1910 and GSA
regulations dealing with "Safety and Environmental Management," at 41
C.F.R. 102-80, plus any additional standards and/or safety procedures
issued by the Department or standards promulgated by recognized national
standards organizations and adopted by HHS to meet particular situations
or conditions associated with its facilities.

A. basic safety and environmental management policies for Federal real
property (FMR) Part 102-80

> 1\. Provide for a safe and healthful work environment for Federal
> employees and the visiting public;
>
> 2\. Protect Federal real and personal property;
>
> 3\. Promote mission continuity;
>
> 4\. Provide reasonable safeguards for emergency forces if an incident
> occurs;
>
> 5\. Assess risk;
>
> 6\. Make decision makers aware of risks; and
>
> 7\. Act promptly and appropriately in response to risk.

B. Fire Administration Authorization Act of 1992 (Public Law 102-522)

The Fire Administration Authorization Act of 1992 (Pub. L. 102-522)
requires sprinklers, or an equivalent level of safety, in certain types
of federal employee office buildings, federal employee housing units,
and federally assisted housing units. The Act applies to all Federal
agencies and all federally owned and leased buildings in the United
States.

4-9-10 Procedures

OPDIVs and all HHS personnel should adhere to the Department of Health
and Human Services Safety Management Manual in the conduct of their
duties. Topics that may be of particular importance and relevance to the
facility manager include: Accident Investigation, Reporting and
Analysis; Safety Specifications; Facility Survey/Inspection; Fire
Safety; Employee Rights; and Safety Program Evaluation.

In addition, facility managers will comply with applicable building
industry safety codes to ensure protection of HHS employees,
contractors, and visitors within all of HHS-controlled properties.

4-9-20 Guidance and Information

HHS Occupational Safety and Health Program

For detailed information on HHS Occupational Safety and Health, please
refer to the Department of Health and Human Services Safety Management
Manual or contact the HHS Safety Officer, OFMP.

4-9-30 REPORTING REQUIREMENTS

OPDIV Safety Officers are required to report accidents in accordance
with the Department of Health and Human Services Safety Management
Manual.

Number range CHAPTERSECTION 4-10: SYSTEM INSPECTIONS AND CERTIFICATIONS

4-10-00 Policy

10 Procedures

20 Guidance and Information

30 Reporting Requirements

X4-10-A Sample: Cross-Connection Control and Backflow Prevention Program
Template

X4-10-B Sample: Cross-Connection Control and Backflow Prevention
Awareness Training

4-10-00 Policy

This section establishes HHS policy and responsibilities for complying
with mandatory facility systems and equipment inspections and
certifications. Due to the high risk nature of much of the work
involved, it is important to integrate it with occupational health and
safety policies and regulations. A primary goal of this section is to
raise awareness concerning many areas that require special management
attention within the facilities management arena. Examples include: Air
emissions permits, Boilers, Unfired Pressure Vessels, Weight Handling
Equipment (cranes and hoists), Vertical Transportation Equipment
(including elevators), Backflow Preventers, Fire extinguishers, Fire
Protection systems, and Personal Protective Equipment.

There are a large number of easily forgotten/overlooked periodic
inspections and certifications that are required for facilities
equipment and associated operations. The primary purpose of these
requirements is to protect life safety and health, since there are
significant hazards, including serious injury or death, associated with
use of certain specialized facility equipment. Requirements for
inspections and certifications are included in laws and regulations
issued by organizations like the Environmental Protection Agency (EPA),
state agencies, the Occupational Safety and Health Administration
(OSHA), the Department of Transportation (DOT), and others.

4-10-10 Procedures

For the facilities management staff charged with compliance, the
paperwork chase involved in documentation for inspection and
certification may seem endless. However, with proper awareness,
emphasis, organization and documentation, the requirements will be met.

A. A list of the more common inspections and certifications follows. The
list is neither all-inclusive nor do all of the listed items apply to
every site. Several of the inspections and certifications described very
briefly below are general summaries of requirements established by
applicable Federal, state, and local law. This list is not intended to
be used as the sole source of information regarding any of the
requirements summarized briefly in this section and facilities
management staff must ensure that each facility fully complies with all
applicable Federal, state, and local laws and regulations It is
incumbent upon facility managers/operators to be aware of and comply
with requirements applicable in their unique situation. The list is
general in nature, since specific requirements will vary by location.
Facilities management staff must determine all of the inspection,
testing, certification, and mandatory maintenance requirements
applicable to their systems. Appropriate guidelines should be
incorporated into activity instructions that are enforced rigidly.

[Air permits]{.underline}. Most air permits are issued by state programs
with an annual permit fee accompanied by a three-year or five-year
permit renewal deadline. It is critical to be aware of permit
requirements and renewal dates to maintain them in a current status. Air
Emissions Inventory Questionnaires (or equivalent state title) are
required upon request by the state permitting agency. These
questionnaires are usually annual forms that must be submitted to
maintain a valid air permit.

[Boilers and Unfired Pressure Vessels (UPVs)]{.underline}. Stringent
criteria apply to all heating and power boilers and unfired pressure
vessels, including portable boilers and portable unfired pressure
vessels, liquid propane gas (LPG) storage tanks, mobile boilers, and
hyperbaric facility support pressure vessels. The inspection of boilers
and pressure vessels is highly specialized work requiring qualified
personnel and, in many cases, specialized testing equipment, to ensure
their continued safe, reliable, and efficient operation. The frequency
and extent of inspection and testing will vary based on equipment
operating parameters. Contract employees that perform the inspections,
witness the tests, prepare the reports, and issue required certificates
must, as a minimum, possess a Certificate of Competency or the
equivalent issued by any political subdivision (such as state, province,
territory, county, or city) of the United States that is a member of the
NBBI. A current and valid certificate must be posted on, or near, the
equipment, under a clear protective covering.

[Compressed gas cylinders]{.underline}. OSHA inspection requirements
incorporate DOT 49 CFR 171-170 and 14 CFR 103 by reference. These
regulations pertain primarily to testing, inspection, and marking of the
cylinders.

[Cranes and hoists]{.underline}. OSHA requires a comprehensive
inspection prior to initial use for all new or altered cranes or hoists.
The federal statute also stipulates frequent inspections, described as
daily to monthly, and periodic inspections at intervals between one and
12 months. The actual frequency of the inspections depends on the usage
of the crane. Some states require a more rigorous inspection schedule.
See also "Weight Handling Equipment".

[Cross-Connection Control and Backflow Preventers]{.underline}. The goal
of a cross-connection control and backflow prevention program is to
ensure safe drinking water under all foreseeable circumstances.
Requirements pertain to all facilities served by drinking water systems
to prevent the entrance of contamination, which may render the water
unsafe or undesirable. Therefore, the program should establish policy,
procedures, and instructions for installing, inspecting, testing,
certifying, and maintaining backflow preventers to prevent contamination
of drinking water systems. Improper configuration of potable water
piping can create the possibility of backflow, which in turn, could
result in the drinking water system becoming a transmitter of pathogenic
organisms, toxic materials, or other hazardous substances with adverse
affects on public health and welfare. Many federal, state, and local
regulatory requirements flow-down from the Safe Drinking Water Act. Even
in instances where there may be no regulatory requirement to implement a
cross-connection control and backflow prevention program, the primary
concern is to ensure that safe drinking water is provided to all users
regardless of location. Therefore, all HHS activities shall develop and
implement a cross-connection control and backflow prevention program
following sound engineering procedures. Exhibit X4-10-A provides a
cross-connection control and backflow prevention program template for
optional use by HHS activities. Although each Activity will decide who
receives training and the amount of training required, it is imperative
that personnel responsible for inspecting facilities for
cross-connections, certifying BFPs for proper installation and
operation, and making recommendations for corrective action be properly
certified. Information for general awareness training is provided as
Exhibit X4-10-B.

[Electrical cords]{.underline}. OSHA standards mandate requirements for
an "Assured Grounding Program" which requires periodic inspections.

[Emergency Planning and Community Right to Know Act]{.underline}. EPCRA
requires annual chemical inventory reporting by facilities with
"hazardous chemicals" or "extremely hazardous chemicals" present on
site. A hazardous chemical is any chemical for which OSHA requires a
Material Safety Data Sheet under the Employee Right to Know Act per 29
CFR 1910.1200 (Hazard Communication Program, or HazCom). The volume of
the hazardous chemicals on site determines the trigger for reporting and
is usually determined by state requirements. The inventory report of
hazardous chemicals is required by federal regulation if the facility
stores 10,000 pounds or more of the product.

[Equipment modification certifications]{.underline}. A myriad of
certifications from equipment manufacturers is required for any
modifications to equipment such as forklifts, cranes, aerial lifts, and
others.

[Fire extinguishers]{.underline}. The construction standard requires a
semi-annual inspection for dry chemical extinguishers. A more extensive
annual inspection and service is also required. The general industry
standard stipulates a more rigorous monthly inspection schedule with an
annual maintenance check in addition to a hydrostatic test every 5 or 12
years, depending on the type of extinguisher.

[First aid kit]{.underline}. Periodic inspections are required to assure
ready availability. The referenced ANSI standard in the construction
standards requires a licensed physician to review and sign off on the
kit, which OSHA will occasionally cite if no documentation is available.

[Fixed extinguishing systems]{.underline}. Fire extinguishing systems
require annual inspection by a knowledgeable person (as defined by
NFPA). Employee alarm systems also require annual testing for
reliability and adequacy.

[Periodic/scheduled inspections of Equipment and Tools]{.underline}.
OSHA standards require documented inspections by competent persons at
varying schedules (from daily to annually) to verify the safety of tools
and equipment used in the performance of facility maintenance, repair,
and construction (examples include jacks, ladders, wire ropes, personal
protective equipment). In some cases, there is also a requirement for a
written program. For example, a Respiratory protection program is
required whenever respirators are used. For most equipment operators,
regulations mandate inspection of their equipment before use on a daily
basis. Included are cranes and hoists, rigging equipment, motor
vehicles, scaffolds, welding equipment, aerial lifts, vehicle mounted
elevating and rotating work platforms, and personal fall arrest systems.

[Spill control plans]{.underline}. A written review and evaluation are
required every three years or whenever there is a change in the facility
that affects the plan. These plans are required for facilities with an
aboveground storage of 660 gallons in a single tank or an accumulation
of 1,300 gallons or more in aggregate that could reasonably be expected
to discharge oil or oil-related substances in harmful quantities.
Despite the regulatory language specifying "potential to reach into a
navigable waterway," and "harmful," liberal courts have interpreted this
as any roadside ditch or drainage way since all drainage ways eventually
lead into a "navigable waterway." The states have broadened their
definitions by using the term "waters of the State," which basically
means any public waters and water drainage systems. In summary, if it
leaves the property, report it.

[Stormwater permit]{.underline}. A stormwater pollution prevention plan
(SWPPP) is a fundamental requirement associated with stormwater permits.
Permit holders must conduct an annual inspection of the facility, which
should identify areas contributing to stormwater discharge associated
with industrial activity and evaluate whether measures to reduce
pollutant loading identified in a SWPPP are adequate and properly
implemented in accordance with the terms of the permit, or whether
additional control measures are needed.

[Vertical Transportation Equipment (VTE)]{.underline} includes but is
not limited to: Elevators, Escalators, Dumbwaiters, Moving Walks,
Sidewalk Elevators, Special Purpose Personnel Elevators, Automatic
Transfer Devices, material Hoists, Personnel Hoists, Manlifts, Inclined
Lifts, Automotive Lifts, Mechanized Parking Garage Equipment, Power
Platforms for Exterior Building Work, and Levellators. Current
certification should be displayed in/on the equipment. In some cases,
the certification document can be maintained on file in a central
office.

> In making routine inspections, or periodic inspections and tests of
> VTE, the inspector shall determine that the equipment is in a safe
> operating condition, has not been altered except in conformity to the
> applicable code or regulations, and performs in accordance with test
> requirements. The inspector shall also examine the equipment to verify
> that it is being maintained in accordance with manufacturer\'s
> recommendations and make recommendations for needed repairs or
> modifications.
>
> All personnel performing inspections and tests of vertical
> transportation systems and equipment shall be qualified as follows: a.
> Certification to inspect elevators by the licensing authority of a
> political subdivision (such as state, territory, county, or city) of
> the United States. b. Satisfactory completion of the Elevator Safety
> Education Training Course and Certification by the National
> Association of Elevator Safety Authorities (NAESA). c. Certification
> by the Building Officials and Code Administrators International
> Incorporated (BOCA). The inspection itself can be hazardous in that it
> exposes the inspector to risks of electrocution, crushing, falls, etc.

[Waste inventory]{.underline}. State waste regulations usually require
an annual waste inventory to be maintained via prescribed forms
submitted to the state. Though varying terms and classifications exist
for solid wastes (and solid waste subcategories), hazardous waste (and
hazard waste categories), industrial wastes, special wastes (scrap
metal, lead acid batteries, used oil and filter and others), and
garbage, state regulators usually want all types reported annually in
one fashion or another.

[Wastewater permit]{.underline}. Licensing under the federal National
Pollutant Discharge and Elimination System (NPDES) or an equivalent
authorized state program is required for any industrial wastewater
discharge. The federal permit is issued for a maximum of five years and
the renewed permit application must be submitted at least 180 days in
advance of expiration.

[Weight Handling Equipment (WHE)]{.underline}. Weight handling equipment
consists of cranes (*e.g.*, portal, hammerhead, mobile, tower, gantry,
jib, pedestal mounted, overhead hoists, etc.), rigging gear (*e.g.*,
slings, shackles, eyebolts, hoist rings, links, turnbuckles, etc.), and
associated equipment (*e.g.*, portable hoists, dynamometers/load
indicators, etc.). A crane shall not be used in service without a valid
certification. In certain cases, interim recertification may be
required. All certifications are: automatically void after 1 year; after
exceeding the certified capacity during operation; or after an
adjustment, repair, disassembly, replacement, or alteration of a load
bearing or load controlling part or operational safety device, which
requires a load test for verification of satisfactory work.

> An effective WHE management program will ensure the equipment is safe
> to operate; ensure weight-handling operations are conducted safely and
> efficiently; and ensure optimum equipment service life. Activities
> must comply with OSHA requirements for maintenance, inspection,
> testing, certification, repair, alteration, and operation of covered
> equipment and certification shall be by an OSHA accredited
> certification agency in accordance with OSHA regulations. A list of
> currently accredited agencies may be obtained from the area OSHA
> office.
>
> Personnel involved in the maintenance, alteration, repair, inspection,
> testing, and operation of WHE shall be trained and qualified to
> perform their assigned duties. For contractor operations, it is
> important that the contract include strict language requiring a
> certificate of compliance from the contractor that the crane and
> rigging gear meet applicable OSHA regulations (with the contractor
> citing which OSHA regulations are applicable. The contractor shall
> also certify that all of its crane operators are licensed and fully
> qualified on the equipment they will operate. Proof of current
> qualification shall be provided on demand.

B. Licensing, Permits, and Personnel Qualifications

Contractor or in-house inspectors and operators shall be licensed by the
state in which work is to be performed. As a minimum, all requirements
with respect to business licensing, certifications, employee
identifications, and actual work performance shall fully comply with
state laws and regulations applicable to the state in which the work is
performed.

It is the purpose of condition inspections to ensure that the overall
structural, mechanical, and electrical components of the equipment have
been maintained in a safe and serviceable condition and are functioning
properly. It is the purpose of load tests (where applicable) to ensure
by controlled operation with prescribed test loads that the equipment is
capable of safely lifting and moving the rated load through all design
motions. These inspections and tests shall be performed by technically
competent inspection and test personnel.

C. Definitions

The following terms and definitions are compiled from various reference
manuals. The wording of definitions may not exactly replicate the
wording in reference manuals; however, the technical meaning of the
definitions is accurate and is provided to assist in the interpretation
and understanding of this material.

[Backflow]{.underline} - The reversal of flow of undesirable
(nonpotable) liquids, gases, or solids into the distribution piping of
the potable water supply. This is created due to the existence of a
pressure differential where the pressure on the nonpotable side is
greater than the pressure on the potable side. There are two different
types of backflow: backsiphonage and backpressure.

[Backflow Preventer (BFP)]{.underline} - A \"backflow preventer\" shall
mean any approved device or assembly or piping arrangement (*i.e.*, air
gap) used to prevent backflow into a potable water system.

[Backsiphonage]{.underline} - Reversed flow of liquid caused by a
partial vacuum in the potable water distribution system.

[Certification of Personnel]{.underline} - The training and licensing
process whereby a person is approved by an applicable regulatory
authority to inspect, test, and certify equipment as functioning in
accordance with mandatory standards.

[Cross-Connection]{.underline} - Any physical arrangement whereby a
public water system is connected, directly or indirectly, with any other
water supply system, sewer, drain, conduit, pool, storage reservoir,
plumbing fixture, or other device which contains, or may contain,
contaminated water, sewage, or other waste or liquid of unknown or
unsafe quality which may be capable of imparting contamination to the
public water system as a result of backflow. Bypass arrangements, jumper
connections, removable sections, and swivel or changeover devices
through which or because of which, backflow could occur are considered
to be cross-connections.

[Cross-Connection Control and Backflow Prevention]{.underline} - The use
of approved assemblies, devices, air gaps, associated methods and
procedures, etc., to prevent contamination or pollution of a potable
water supply through cross-connections.

[Degree of Hazard]{.underline} - The danger posed by a particular
substance or set of circumstances. Degree of hazard is divided into
health hazard and non-health hazard.

[Health Hazard]{.underline} - A cross-connection or potential
cross-connection involving a contaminant in sufficient concentration to
spread disease or cause death.

[Non-Health Hazard]{.underline} - A cross-connection or potential
cross-connection involving any pollutant or contaminant (at low levels)
that will not create a health hazard but will create a nuisance, or be
aesthetically objectionable, if introduced into the potable water
supply.

[Purveyor]{.underline} - The supplier and/or distributor of potable
water (*i.e.*, the owner of the public water system.)

[Weight Handling Equipment (WHE)]{.underline} - Weight handling
equipment consists of cranes (*e.g.*, portal cranes, mobile cranes),
rigging gear (*e.g.*, slings, shackles), and associated equipment
(*e.g.*, portable hoists, dynamometers).

D. Authorities and References

American Backflow Prevention Association (ABPA)

American Society of Mechanical Engineers (ASME), Boiler and Pressure
Vessel Code (BPVC).

American Society of Mechanical Engineers (ASME) CSD-1, Controls and
Safety Devices for Automatically Fired Boilers

American Water Works Association (AWWA)

Foundation for Cross-Connection Control and Hydraulic Research (FCCCHR)

National Board Inspection Code (NBIC), the National Board of Boiler and
Pressure Vessel Inspectors

National Fire Codes. Published by the National Fire Protection
Association

Safety Drinking Water Act (SDWA)

Training, Research and Education for Environmental Occupations (TREEO)
Center

E.  Responsibilities

It may be determined to be more efficient and effective to establish
more centralized program management and support in the future. However,
at this time, OPDIVs are both responsible for and at liberty to
establish specific program procedures.

HHS/OFMP and OPDIV/ STAFFDIV personnel:

-   Perform staff assistance visits

-   Support HHS activities by interpreting relevant Federal, state, and
    local regulatory requirements and by uniformly applying HHS policy.

-   Conduct special studies with regard to inspection and certification
    programs to assist in establishing policy or initiating important
    actions.

All HHS personnel whose duties involve aspects of system inspections and
certifications shall carry out the following responsibilities to the
extent of their respective span of control and level of organizational
authority:

-   Establish and maintain policies, programs, and procedures that
    conform to the requirements specified in this section.

-   Cooperate and comply with Federal, state, and local government
    agencies.

-   Achieve, maintain, and monitor compliance with applicable Federal,
    state, and local statutory and regulatory requirements.

-   Coordinate the implementation of programs to achieve, maintain, and
    monitor compliance with applicable Federal, state, and local
    statutory and regulatory requirements.

-   Exercise oversight and review of applicable programs within assigned
    area of responsibility.

-   Ensure that all system inspections and certifications performed at
    the facility are properly recorded, and that all records are
    properly maintained.

4-10-20 Guidance and Information

In addition to original Specification Data Sheets, original equipment
manufacturers (OEMs) often issue information (*e.g.*, \"service
bulletins\") more current and supplemental to that in the maintenance
manual furnished with a particular piece of equipment. Activities shall
contact the OEM or authorized distributor for supplemental service
information applicable to their equipment, and, if practical, be added
to the OEM's distribution list for such information.

4-10-30 REPORTING REQUIREMENTS

Every HHS organization responsible for operations and maintenance of
critical systems and equipment installed in HHS owned or leased
facilities is responsible for determining and complying with applicable
regulatory requirements, including reporting, as it pertains to a
particular system or class of equipment. Good records are invaluable in
efforts to protect the safety and health of personnel, to avoid
unnecessary/duplicated expenses associated with poor documentation, and
to ensure compliance with relevant laws and regulations.

There are no mandatory department level reporting requirements
associated with the information discussed in this section. However,
there are extensive requirements that must be complied with for
documentation, records, and submissions within the regulatory framework.

SAMPLE: CROSS-CONNECTION CONTROL AND

BACKFLOW PREVENTION PROGRAM TEMPLATE

> Table of Contents
>
> 1\. Policy
>
> 2\. Applicable Regulations
>
> 3\. Administration
>
> 3.1 Program Director
>
> 3.2 Program Coordinator
>
> 3.3 Program Manager
>
> 3.4 Other Responsible Personnel
>
> 4\. Procedures
>
> 4.1 New Facilities
>
> 4.2 Existing Facilities
>
> 5\. Records
>
> 5.1 Locations of Devices and Types
>
> 5.2 Testing and Maintenance
>
> 6\. Notification
>
> 6.1 Testing Due
>
> 6.2 Test Results
>
> 6.3 Violations
>
> 6.4 Termination or Denial of Service
>
> 7\. Reporting
>
> 8\. Backflow Prevention Device Tester List
>
> 9\. Approved Devices List
>
> 10\. Consumer Education Literature

# 1. [Policy]{.underline}

The purpose of this instruction is to establish and enforce
(*[ACTIVITY/FACILITY NAME]{.underline}*) procedures and responsibilities
for a cross-connection control and backflow prevention program for the
potable water systems at (*[ACTIVITY/FACILITY NAME]{.underline}*). The
cross-connection control and backflow prevention program is established
for the purpose of detecting and preventing cross-connections that
create or have the potential to create an imminent and substantial
danger to public health by and from contamination due to
cross-connection. The goal of the cross-connection and backflow
prevention program is to ensure safe drinking water under all
foreseeable circumstances.

# 2. [Applicable Regulations]{.underline}

The following Federal, state, and local regulations apply to
(*[ACTIVITY/FACILITY NAME]{.underline}*):

-   Safe Drinking Water Act (SDWA), Public Law 93-523.

-   **[Cite Applicable State Drinking Water Regulations.]{.underline}**

-   **[Cite Applicable Local Cross-Connection Control And Backflow
    Prevention Ordinances.]{.underline}**

3\. [Administration]{.underline}

This program has on-site personnel with designated areas of
responsibility.

## *3.1 [Program Director]{.underline}*

The Program Director is responsible for the overall environmental
program and will ensure its implementation.

Name: Signature:

Title: Location:

Code: Phone:

## *3.2 [Program Coordinator]{.underline}*

The Program Coordinator is responsible for cross-connection control and
backflow prevention policy matters and serves as the point of contact
for site visits and inspections.

Name Signature:

Title: Location:

Code: Phone:

## *3.3 [Program Manager]{.underline}*

The Program Manager is responsible for the day-to-day implementation of
the cross-connection control and backflow prevention program.

Name: Signature:

Title: Location:

Code: Phone:

## *3.4 [Other Responsible Personnel (e.g., Medical Officer, Staff Civil, etc.)]{.underline}*

The Activity/Facility will provide the number of signature blocks as
necessary.

Name: Signature:

Title: Location:

Code: Phone:

# 4. [Procedures]{.underline}

## *4.1 [New Facilities]{.underline}*

New facilities are to be designed without cross-connections. The design
must provide adequate backflow protection through the use of approved
backflow preventers (BFPs). BFP selection should be based on the Degree
of Hazard associated with the cross-connection. Plans and specifications
for new facilities must be provided to (*[PROVIDE CODE AND/OR
NAME]{.underline}*) for technical review prior to construction.

Design changes to the potable water system (or any system making a
direct or indirect connection to the potable water system) must be
reviewed by (*[PROVIDE CODE AND/OR NAME]{.underline}*) before being
finalized.

All newly installed BFPs will be tested and certified before being
placed into service.

## *4.2 [Existing Facilities]{.underline}*

A qualified inspector (certified tester) will perform a cross-connection
control and backflow prevention survey of the facility. The survey will
be performed annually and will include a review of the facility's entire
internal water plumbing system, including the various outlets,
water-using equipment, etc. From the data collected in the survey, the
inspector shall identify:

-   location of possible or actual cross-connections

-   degree of hazard

-   location and adequacy of existing BFPs

-   need for installation of additional BFPs.

All existing BFPs will be identified, certified for proper installation
and operation, and placed into an inventory database during the initial
survey of the facility. A history file for each building will be
established during the initial survey. This file will contain results of
the building survey, a description and location of each potential
cross-connection site, and a list of each nonpotable liquid system and
potable water system connections. This file will be updated annually or
when changes are made to the system.

BFPs will be certified using test equipment and test procedures
conforming to those outlined in the latest edition of the
"Cross-Connection Control Manual" published by the Foundation for
Cross-Connection Control and Hydraulic Research (FCCCHR) or Manual M14
published by American Water Works Association (AWWA). Only tests
performed by certified testers will be considered official tests. BFPs
will be tested and certified on an annual basis for BFPs with a low
hazard classification and every 6 months for BFPs with a high hazard
certification.

When cross-connections are identified, the problem will be eliminated or
isolated by installing an approved BFP. Installation of the BFP will
comply with the criteria set forth by applicable Federal, state, and
local laws codes/regulations and the manufacturer's recommendations.
Termination of water service is required in situations where illness or
death is attributable to the lack of, or inadequate maintenance of, a
BFP.

Recommendations of the inspector will be forwarded to the Program
Manager or his/her designee for implementation. When feasible, all newly
installed BFPs will be tested and certified prior to being placed into
service. If the device to be installed will cause a reduction in water
pressure, building occupants will be notified. Any backflow device to be
installed will be selected from the most current list of approved
cross-connection control devices. A licensed backflow tester will
complete testing and certification, as necessary, prior to placing the
system back in service. All certificates will be forwarded to the
Program Manager. Copies of certificates will be maintained in the
history file.

# 5. [Records]{.underline}

## *5.1 [Locations of Devices and Types]{.underline}*

Historical files will be maintained for each facility. This file will
contain results of the building survey, a description and location of
each potential cross-connection site, and a list of each non-potable
liquid system and potable water system connections. This file will also
include a list of BFP device locations and types. This file will be
updated annually or when changes are made to the system.

## *5.2 [Testing and Maintenance]{.underline}*

Records of BFP device inspections, tests, repairs, overhauls, or
replacements will be maintained by [(*ACTIVITY/FACILITY
NAME*]{.underline}) for a period of not less than 10 years. These
records will include documentation to verify that BFPs were properly
installed, certified, and maintained.

# 6. [Notification]{.underline}

## *6.1 [Testing Due]{.underline}*

The certification interval for the BFPs will depend on the degree of
hazard. For high hazard BFPs, testing and certification will be
performed every 6 months, at a minimum. Low hazard BFPs will be tested
and certified every 12 months, at a minimum. The certification schedule
will be maintained with the building records. The Building Manager will
be informed when testing is to take place.

## *6.2 [Test Results]{.underline}*

Test results will be forwarded to the Program Manager, the Building
Manager, and (*[ENTER OTHERS, AS REQUIRED]{.underline}*).

## *6.3 [Violations]{.underline}*

When violations of codes, regulations, or water standards are detected,
the Program Manager and the Building Manager will be notified. If
necessary, the water purveyor will be notified of the violation.

## *6.4 [Termination or Denial of Service]{.underline}*

If termination of water service is required, a letter will be issued to
the building manager of the facility stating the nature of the hazardous
condition that threatens the safety of the water system. The building
manager will be advised that it is necessary to take steps, including
termination of water service, to minimize the danger of contamination
and failure to take action could result in illness or death. Water
service will not be restored until the deficiency has been corrected or
eliminated. Service will be terminated immediately if illness or death
can be attributed to a lack of BFPs or a lack of BFP maintenance.

# 7. [Reporting]{.underline}

Following testing and certification all records will be updated and a
report will be filed with (*[PROVIDE CODES AND/OR NAMES]{.underline}*).
If required, a report will also be filed with the water purveyor.

# 8. [Backflow Prevention Device Tester List]{.underline}

BFPs will be certified using test equipment and test procedures
conforming to those outlined in the latest edition of the
"Cross-Connection Control Manual" published by the FCCCHR or Manual M14
published by the AWWA.

# 9. [Approved Devices List]{.underline}

All BFPs to be installed will be approved by the state or local
agencies.

# 10. [Consumer Education Literature]{.underline}

General consumer education literature can include posters, informational
flyers, and articles to be printed in the base newsletter and/or
newspaper on a periodic basis.

Annual training in cross-connection control and backflow prevention will
be provided to facility occupants at a level commensurate with their
assigned duties. Training can be incorporated into general standup
training.

### SAMPLE: CROSS-CONNECTION CONTROL AND

### BACKFLOW PREVENTION AWARENESS TRAINING

All personnel employed by the facility should receive minimal awareness
training to inform them of the importance of cross-connection control
and backflow prevention, their role, and health hazards associated with
cross-connections. General awareness training should be modified to
reflect circumstances specific to the Activity and personnel involved.
At a minimum, the following should be covered:

1.  What is a cross-connection?

A cross-connection is any direct (such as with plumbing) or indirect
(such as with hydrant hose) connection between a potable (drinking)
water source and a nonpotable source of water or wastewater. Drinking
water is any part of the Activity potable water system, whether it comes
from a water fountain or a fire hydrant.

2.  What is a cross-connection control?

Cross-connection control is a system by which the above connections are
eliminated or prevented from ever happening.

3.  What is backflow?

Backflow is the flow of nonpotable water (contaminated or potentially
contaminated water) into the potable water system. It can happen in
either of two ways: backpressure or backsiphonage. Backflow from
backpressure occurs when the pressure from a system is greater than the
potable water system pressure and is forced into the drinking water
supply. Backsiphonage occurs when the potable water supply system
experiences negative pressure and nonpotable water is drawn or sucked
into the potable water system. For either type of backflow to occur
there must be either a direct or indirect connection to the potable
water system.

4.  What is backflow prevention?

Sometimes, a cross-connection must be made/is unavoidable. When this is
the case, a mechanical device called a backflow preventer must be used.
These devices are used to prevent the flow of nonpotable (contaminated
or potentially contaminated) water/wastewater into the potable water
system. There are many types of backflow preventers, and the type that
is installed in a particular setting is based on the degree of hazard.

5.  What is the best way to prevent backflow?

The best way to prevent backflow is to eliminate any connection, direct
or indirect, between the potable water system and the nonpotable water
system. This means rolling hoses when not in use, not submerging hoses
when filling tanks, trailers, and waste boxes, and not connecting any
machinery or equipment, including portable (field use) equipment to fire
hydrants without installing a temporary backflow prevention device. When
this is not possible, the Activity's Cross-Connection Program
Coordinator ([*PROVIDE CODE AND/OR NAME*)]{.underline} at ([*PROVIDE
PHONE NUMBER*)]{.underline} must be contacted to review the situation.
Remember DO NOT connect anything to the potable water system that you
would not want to drink.

6.  What is an example of a cross-connection?

An exterminating contractor created a cross-connection when diluting
highly toxic insecticide, chlordane, by submerging a garden hose into
this material. A break in the water pressure resulted in a backsiphonage
of the poisonous contents of the drum through the hose service
connection and into the water supply. This incident illustrates the
danger of cross-connection and indicates the need for the provision of
backflow preventers. If you see similar cases, the Activity's
Cross-Connection Program Coordinator ([*PROVIDE CODE AND/OR
NAME*)]{.underline} at ([*PROVIDE PHONE NUMBER*)]{.underline} must be
contacted to review the situation.

[^1]: From POLICY: Office and Related Space Utilization Rate issued by
    Ed Sontag, Assistant Secretary for Administration and Management,
    OASAM, OS effective July 14, 2003.