-  HHS Family of Agencies      -  HHS Agencies & Offices 
  -  Regional Offices 
  -  Advisory Committees, Task Forces & Initiatives 
  -  Organizational Chart 
-  Leadership 
-  Budget & Performance      -  FY 2025 Budget in Brief 
  -  FY 2025 Annual Performance Plan and Report 
  -  FY 2024 Contingency Staffing Plan 
  -  FY 2024 Budget in Brief 
  -  FY 2024 Annual Performance Plan and Report 
  -  FY 2023 Contingency Staffing Plan 
  -  FY 2023 Budget in Brief 
  -  FY 2023 Annual Performance Plan and Report 
  -  FY 2022 Contingency Staffing Plan 
  -  FY 2022 Budget in Brief 
  -  FY 2022 Annual Performance Plan and Report 
  -  FY 2021 Contingency Staffing Plan 
  -  FY 2021 Budget in Brief 
  -  FY 2021 Annual Performance Plan and Report 
  -  FY 2020 Contingency Staffing Plan 
  -  FY 2020 Budget in Brief 
  -  FY 2020 Annual Performance Report 
  -  FY 2019 Contingency Staffing Plan 
  -  FY 2019 Annual Performance Report 
-  Strategic Plan FY 2022 - 2026      -  Message from the Secretary 
  -  Introduction: About HHS 
  -  Overview: Strategic Plan FY 2022 - 2026 
  -  Strategic Goal 1: Protect and Strengthen Equitable Access to High Quality and Affordable Healthcare 
  -  Strategic Goal 2: Safeguard and Improve National and Global Health Conditions and Outcomes 
  -  Strategic Goal 3: Strengthen Social Well-Being, Equity, and Economic Resilience 
  -  Strategic Goal 4: Restore Trust and Accelerate Advancements in Science and Research for All 
  -  Strategic Goal 5: Advance Strategic Management to Build Trust, Transparency, and Accountability 
  -  Appendix: Plan Updates 
-  News 
-  I Am HHS 
-  Careers 

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# Chapter 6. Facility Management, Operations, and Maintenance

**Topics on this page:**6.1 Real Property Inventory System | 6.2 Performance Measures | 6.3 Facility Condition Assessment | 6.4 Easement, Licenses, and Use Permits | 6.5 Parking Management | 6.6 Quarters | 6.7 System Inspection and Certifications | 6.8 Facility Metering | 6.9 Facility Commissioning | 6.10 Energy and Water Management | 6.11 Waste Management | 6.12 Pest Control | 6.13 Naming and Dedicating Installations and Buildings | 6.14 U.S. Public Health Service Flags and Seals

Table of Contents

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## 6.1 Real Property Inventory System

### 6.1.1 Policy

On February 4, 2004, President Bush issued Executive Order (EO) 13327, Federal Real Property Asset Management, *"to promote the efficient and economical use of federal real property resources in accordance with their value as national assets and in the best interests of the nation"*.

Divisions are required implement and maintain an electronic inventory system, to gather, maintain and submit real property data and recommendations on federal civilian real properties owned, leased, or controlled by a federal agency, and to assess and determine how to dispose of excess and underutilized property in accordance with the Federal Real Property Council Guidance for Real Property Inventory Reporting (FRPC Guidance).

To this effect, HHS employs the Automated Real Property Inventory System (ARIS), and provides access to Divisions responsible for reporting on real property, to collect the required data on a quarterly basis and report on the aggregate data to OMB and GSA on an annual basis.

### 6.1.2 Administrative Requirements

Each Division will implement and utilize an electronic asset inventory system to capture and report on real property data. This system shall be compatible with HHS system which aggregates the data from the entire HHS real property portfolio.

To this effect, HHS maintains and updates annually the Guidance for Automated Real Property Inventory System Reporting (ARIS Guidance) which fully adopts and builds upon the FRPC Guidance. Refer to the ARIS Guidance for the up-to-date administrative requirements needed to comply with the Real Property Inventory System policy. The latest version of the ARIS Guidance, which is the FY22.1 version at the time of updating this current version of the FPM.

### 6.1.3 Reporting

OPDIVs shall make every effort to continually maintain current and accurate information in the database concerning their real property inventory, including at a minimum the mandatory data fields required by the Federal Real Property Council and those data elements specified as mandatory by HHS. The mandatory data elements are not listed here since they are subject to change based on evolving policies and requirements. FRPC mandated data elements are thoroughly described in the most current "Guidance for Real Property Inventory Reporting" distributed by GSA's Office of Government-wide Policy.

The data to be reported to GSA annually must reflect information at the end of each fiscal year. The deadline for upload of HHS inventory data to the Federal Real Property Profile (FRPP) is typically late during 1st quarter each fiscal year. To ensure that HHS meets this deadline, OPDIVs are to complete all data input no later than 30 days prior to the deadline established for upload to the FRPP. This is an absolute deadline that cannot be waived.

All data reported to ARIS on a quarterly basis must be accompanied by Quarterly Certifications Statements. These Statements will be generated directly from the ARIS platform and signed by the Divisions to create a chain of stewardship prior to HHS submitting the aggregate information to GSA.

Note: Although some data elements apply to landholding OPDIVs, all OPDIVs are required to provide data on the elements that apply to both landholders and non-landholders.

## 6.2 Performance Measures

### 6.2.1 Policy

HHS utilizes the following performance measures in the management of real property assets:
                          - Condition Index
                          - Utilization Targets
                          - Operation and Maintenance Costs

The above performance measures are reported quarterly via ARIS. Use of other, optional performance measures developed specifically at and for each Division is encouraged. Performance measures should be few and high in quality for the metrics to be simple to understand, apply, and improve the over to time.

**1. Condition Index**

HHS uses Condition Index (CI) as a metric to assess the physical condition of its facilities. CI is a calculated indicator, static in time, obtained from the findings and results of a Facility Condition Assessment.

**2. Utilization Targets**

HHS established Utilization Targets for five (5) major lines of business in conformance with the HHS Real Property Capital Plan (RPCP): office, warehouses, laboratories, healthcare, and housing. The Utilization Targets are established in the RPCP and the information is reported and kept current in ARIS. Applicability extends to all properties leased and/or owned and operated by HHS, but not properties owned by the HHS and operated by others, such as the IHS properties operated by tribes.

**3. Operations and Maintenance Cost**

The purpose of this measure is to track and compare facility operating costs and to identify facilities that operate most/least efficiently. This is valuable information for decision-makers in determining how to invest resources for maximum return on investment and improved performance. Each OPDIV or other HHS Division will follow uniform procedures in reporting total operating and maintenance costs for each building in its inventory. This performance measure applies to all owned buildings and leased buildings with delegated authority for operations and maintenance. The operating and maintenance cost measure is made up of four components:
                          - Recurring maintenance and repair costs;
                          - Utilities (includes central plant operation and purchase of energy);
                          - Cleaning and/or janitorial costs (includes pest control, refuse collection, and disposal to include recycling operations); and
                          - Road/grounds costs (includes grounds maintenance, landscaping, and snow and ice removal from roads, piers, and airfields).

### 6.2.2 Administrative Requirements

Each Division will utilize its electronic asset inventory system to capture the performance measures. Each Division is responsible for the carrying out the following procedures to ensure appropriate implementation and capture of said measures:

**1. Condition Index**

CI is calculated for owned facilities as the ratio of repair needed to replacement value.  The CI will be calculated annually and reported as a "percent condition" on a scale of 0% to 100% using the formula as follows:
                          - CI = 1 – (BMAR (total repair needs)/Plant Replacement Value (PRV)) x 100%

The higher the CI the better condition of the constructed asset. "Repair needs" is the amount necessary to ensure that a constructed asset is restored to a condition substantially equivalent to the originally intended and designed capacity, efficiency, or capability. For classification purposes, ranges of CI will be:
                          - Excellent: CI >/= 95%
                          - Good:  CI >/= 90% and < 95%
                          - Fair:  CI >/= 80% and < 90%
                          - Poor:  CI < 80%

HHS's goal is to achieve a minimum CI of 90 per every constructed asset in a land holding OPDIV's owned portfolio. Divisions shall maintain complete and accurate information on the owned facilities repair needs and plant replacement value.

**2. Utilization Targets**

Each OPDIV is responsible for the following to assure appropriate implementation:
                          - Each HHS Division will apply this measure to 100% percent of its relevant portfolio, in the five major lines of business.
                          - Each Division shall include occupant information for all its relevant portfolio.
                          - Each Division shall include USF data for all its relevant portfolio.,
                          - On a quarterly basis the HHS Division will notify PSC/RLO/RPMS of any changes, or lack thereof, to the inventory system as part of the Quarterly Certification Statement process.	                             - The OPDIV will review the asset categorizations for utilization and update the asset inventory system with any changes prior to HHS uploading the data to ARIS.

**3. Operations and Maintenance Cost**

Each OPDIV or other HHS Division is responsible for the following to ensure appropriate tracking and reporting of costs:
                          - Devising a method for capturing the amount of funds expended for O&M work in a given fiscal year.
                          - Distributing the expenses at the individual asset level. This can be accomplished using an algorithm if the O&M expense data does not exist at the individual asset level.	                             - This distribution method must be documented in the Division Real Property Capital Plans if employed.
                          - Inputting total operations and maintenance cost data from the prior fiscal year (including rent and rent-related activities costs for leased assets) during the Q4 ARIS upload.

### 6.2.3 Guidance and Information

**1. Performance Measures Definitions and Calculations References**

HHS complies with the performance measures definitions and calculations to the extent they are defined in the Federal Real Property Council's (FRPC) *Guidance for Real Property Inventory Reporting*. The FRPC guidance is updated annually and is available on-line. As all the Federal Agencies have different missions, processes, and protocols the FRPC guidance is general criteria to address performance measures. To provide flexibility to reporting Agencies, FRPC guidance instructs Agencies to further define the performance measures as they apply to their situations.  This information is provided to HHS and its entities in the ARIS Guidance. Like the FRPC guidance, ARIS Guidance is updated annually and distributed throughout the organization typically in the fourth quarter.

Guidance and information contained in this section should be used in coordination with both the FRPC and ARIS Guidance documents. When any discrepancy between this section and the guidance documents occurs the guidance documents should be followed.

**2. Facility Condition Assessment**

HHS recommends various optional metrics to assess the physical condition of its facilities. These metrics include: Backlog of Maintenance and Repair (BMAR) and Plant Replacement Value (PRV)as described below:
                          - Backlog of Maintenance and Repair   	BMAR, "deferred maintenance", and "repair needs" all describe the same figure (e.g., the numerator in the equation used to calculate Condition Index).   	BMAR refers to repair left unaccomplished, put off or delayed (backlogged). If a repair is anticipated in the future, it should not be considered a "need" for condition assessment purposes since it is not needed at the time the assessment is being performed.
                          - Plant Replacement Value   	PRV is the cost in current dollars to replace the existing facility with new construction supporting existing functions.

**3. Condition Index**

A variety of methods are used to calculate the average Condition Index (CI) for a group of facilities (aggregate CI). For reporting purposes, the Department supports use of the straight average, which is the total CI for all facilities divided by the total number of facilities.

The BMAR weighted average is a more useful number for planning purposes because it can be used to estimate BMAR for the entire Department or OPDIV. It is calculated by totaling the plant replacement value (PRV) and the BMAR for all facilities, then calculating the aggregate CI from the total.  Please note these methods are used for reporting to the Department.  If other CI reporting requirements are necessary, then use the method recommended by the requesting agency.

In addition to the methods described above, the OPDIVs should use the assumptions described below to report the aggregate condition index of their facilities.
                          - Individual asset CI shall be calculated for all HHS owned buildings and structures in the Automated Real Property Inventory System (ARIS) Database. All these assets will be used in the aggregate CI calculation.
                          - If the CI is equal to zero and it will be used in the aggregate CI calculation, the OPDIV must be able to explain why the condition is so poor (fire, hurricane, etc.)   	The process and results of defining BMAR are equally critical to consistently calculate the CI metric for each facility.  CI applies to each HHS owned building and structure as reported in accordance with FRPC requirements. Each OPDIV is responsible for the following to assure appropriate implementation:	                             - Each land holding OPDIV will implement a process to perform a condition assessment to identify repair needs of each owned building and structure reported in ARIS. The process shall result in the calculation and reporting of a Condition Index (CI) according to methods prescribed by HHS policies.
                            - The OPDIV is to ensure that their local automated inventory system has a data field for CI for export to ARIS.
                            - On a quarterly basis the OPDIV will notify the  PSC mailbox  of any changes to the inventory system as part of the Quarterly Certification Statement process.
                            - On an annual basis, in the first quarter of each fiscal year, the OPDIV will review the asset CIs and update the asset inventory system with any changes prior to HHS uploading the data to the Federal Real Property Profile (FRPP) system.

**4. Utilization Index**

Each OPDIV or HHS Division will follow the procedures described in the ARIS Guidance to determine the utilization of each property type as Over Utilized, Utilized, Underutilized, or Not Utilized.

**5. Operation and Maintenance Cost**

If all cost information is not available at the building level, then costs may be allocated using an algorithm. OPDIVs shall be able to describe the algorithm applied for each measure but need not include that explanation in the database.

When operating and maintenance functions are performed by contractors and the costs are not allocated at the building level, the OPDIVs should revise the contract to capture actual costs at the building level when the requirement(s) is re-solicited.

Explanations for measuring the four components of the operating and maintenance costs are described below:
                          - Recurring Maintenance and Repair Costs ($)	                             - Includes the following building systems and/or components:		                               - HVAC systems to include building automation systems;
                              - Electrical systems to include uninterruptible power systems, emergency power, and emergency generators;
                              - Plumbing systems to include restroom fixtures, domestic water, sanitary sewer, reverse osmosis, natural gas, and compressed air;
                              - Chilled water systems;
                              - Steam and condensate systems;
                              - Fire protection to include fire alarm systems, sprinkler systems, exit lights, fire stopping, cooking hoods, rated walls, and rated doors;
                              - Architectural components to include flooring, doors with associated hardware, ceilings, painting, wall coverings;
                              - Refrigeration for cold rooms and Direct Expansion (DX) systems;
                              - Card access systems to include readers, panels, and software;
                              - Medical gas systems;
                              - Nurse call systems;
                              - Building structure and components;
                              - Laboratory fume hood exhaust systems;
                              - Roofs, downspouts and gutters;
                              - Predictive maintenance monitoring equipment;
                              - Perimeter fencing and gates; and
                              - Elevators, escalators, and lifts.
                            - Includes labor and materials for the following services:		                               - Preventive or predictive maintenance procedures on building equipment and components;
                              - Service or trouble calls related to HVAC, electrical, plumbing, architectural components such as doors, floors, and windows, lighting, fire alarms, and any other component directly related to the safe operation of the building;
                              - Facility management services;
                              - 24/7 emergency response;
                              - Day to day operations and routine functional checks (logs) of critical equipment or problem areas;
                              - Maintaining an accurate building equipment inventory and accurate building drawings;
                              - Operating support for program related upgrades or capital repairs to include shutdowns as well as providing basic information about the building and associated systems; and
                              - Associated support for all operations and maintenance services such as vehicles, vehicle maintenance, training, computer equipment, maintenance related software systems, office supplies, copiers, fax machines, phones, radios, IT support, and supervision;
                            - Does not  include the following:		                               - Facility condition assessments;
                              - Loading dock management services;
                              - Animal care cage wash equipment maintenance and repair;
                              - Other miscellaneous program related equipment maintenance and repair;
                              - Telecommunication systems maintenance and repair; and
                              - Portable equipment such as refrigerators, freezers, and laboratory equipment.
                          - Utilities Costs ($):	                             - Includes the following utility distribution systems and central utility plant equipment:		                               - Primary domestic water distribution system including fire hydrants;
                              - Primary sanitary sewer distribution system;
                              - Primary natural gas distribution system;
                              - Primary compressed air distribution system;
                              - Primary chilled water distribution system;
                              - Primary steam and condensate return distribution system;
                              - Primary electrical distribution system;
                              - Renewable Energy Certificates
                              - Supervisory Control and Data Acquisition (SCADA) System;
                              - Metering systems; and
                              - Central Utility Plant equipment to include boilers, chillers and air compressors;
                            - Includes labor and materials for the following services:		                               - Preventive or predictive maintenance procedures and repairs on all Central Utility Plant equipment;
                              - Repair of all primary utility distribution systems;
                              - Operation of Central Utility Plant;
                              - Maintenance and repair of metering systems, and meter reading;
                              - Purchase of all utilities to include electricity, natural gas, water/sanitary sewer, propane, and fuel oil;
                              - Maintaining an accurate Central Utility Plant equipment inventory and accurate primary utility systems distribution drawings;
                              - Operating support for program related upgrades or capital repairs to include shutdowns as well as providing basic information about primary utilities systems; and
                              - Associated support for all operations and maintenance services such as vehicles, vehicle maintenance, training, computer equipment, maintenance related software systems, office supplies, copiers, fax machines, phones, radios, IT support, and supervision.
                          - Cleaning/Janitorial Costs ($):	                             - Includes the labor and materials for the following services:		                               - Custodial cleaning services to include offices, laboratories, restrooms, corridors, stairwells, building entrances, conference rooms, and break rooms;
                              - Trash/Refuse collection;
                              - Window washing;
                              - Recycling operations; and
                              - Pest control operations.
                            - Does no t include the following:		                               - Removal of hazardous waste.
                          - Roads/Grounds Costs ($):   	Roads and Grounds costs shall be allocated based on the gross square feet (GSF) of a building. Because the size of campuses and the build-out per campus can vary substantially, the cost per acre can be included in the comment field if that helps to explain costs that might seem high as compared to a building located off campus or on a densely developed campus.	                             - Includes the following services:		                               - Maintenance of landscaping to include grass cutting, tree trimming, shrub trimming, mulching, fertilizing, application of herbicides, shrub bed maintenance, flower planting, tree planting, shrub planting, and removal of leaves;
                              - Snow and ice removal from all roads, parking lots, sidewalks, and building entrances;
                              - Maintenance and repair of exterior and transportation signage and electronic control devices;
                              - Maintenance and repair of roads, sidewalks, parking lots, bridges, pavement marking, and streetlights;
                              - Removal of litter;
                              - Street sweeping;
                              - Parking garage cleaning, striping, lighting, and washing; and
                              - Replacement of Outdoor US Flag, HHS Flag, or USPHS Flag and Replacement, Maintenance, or Repair of USPHS Seal (see Section  6.14 U.S. Public Health Service Flags and Seals )
                            - Does not  include the following:		                               - Any new construction of roads, sidewalks, or parking lots;
                              - Purchase and maintenance of interior plants;
                              - Setting up for special events held outdoors; and
                              - Work required to comply with changes in security color codes;

### 6.2.4 Reporting

Minimum reporting requirements into ARIS are as follows:
                          - BMAR – Applies to all HHS owned and operated buildings.
                          - PRV – Applies to all HHS owned and operated buildings.
                          - O&M Costs – Applies to all HHS owned and leased buildings with delegated authority for operations and maintenance and must be reported at the constructed asset level by OPDIVs to HHS and by HHS to Federal Real Property Profile (FRPP).
                          - Utilization – Each OPDIV will base its utilization results on the  GSA NBSAP  and on an annual census. Each OPDIV is responsible to assure appropriate implementation including timely entry of the resulting data into the asset inventory system. The OPDIV will review the facility utilization categorizations and update the building inventory system with any changes during the last quarter of each fiscal year (reflecting the census data).

## 6.3 Facility Condition Assessment

### 6.3.1 Policy

HHS policy is to exercise responsible stewardship of its buildings and supporting infrastructure. Linking facilities requirements to mission and the budget decision-making process is a key element of effective stewardship. Facility Condition Assessments (FCA) play a vital role in identifying facilities deficiencies. HHS FCA policy is as follows:
                          - HHS land holding OPDIVS will conduct FCAs of constructed assets (buildings and structures) a minimum of once every five years to identify associated deficiencies.	                             - FCAs are visual assessments of the physical condition of the assets, which also gather specific information about deficiencies found during the assessments, which in turn yields information for planning and executing repair and/or maintenance projects.
                          - HHS land holding OPDIVS need to also conduct desk-top assessments every year in the off-years of the FCA cycle. These ongoing assessments support updating the FCAs, adding deficiencies that emerged since the last assessment, and removing deficiencies from the inventory that have been corrected.	                             - Results from the desk-top assessment are added to or removed from the existing FCA data, and the updates are shared with HHS during the ARIS reporting cycles.
                            - FCA data results in cost quantification of the Backlog of Maintenance and Repair (BMAR).  BMAR is reported in the HHS ARIS and the BMAR values are used to calculate the CI
                          - Available capital will be invested in the maintenance, repair, renovation, and construction of facilities consistent with condition assessment metrics, sound business practices, and HHS/OPDIV priorities. Among the top priorities is to reduce repair needs to achieve a condition that reflects comprehensive stewardship of Department assets.

### 6.3.2 Administrative Requirements

Consistent identification of repair needs is a key to an effective condition assessment program. The following elements are provided to assist in implementing an effective program and in linking it to a land- holding OPDIVs budget decision-making process. These elements are not intended to supersede policy or to limit OPDIV flexibility.
                          - ASTM standard E 2018-01 " Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process " shall be considered in developing an assessment program.
                          - As a compliment to ASTM E2018-01, PSC/RLO/RPMS can provide Guideline Specification for HHS Facility Condition Assessments, which assessment and data quality control procedures through an email request at the  PSC mailbox .
                          - Assessment scope for reported CI shall include only physical deficiencies that exist at the time the assessment is conducted and should not include program related deficiencies (i.e., deficiencies that require correction from a funding source other than facilities). "Repair needs" should be linked to existing defects. If a physical defect affects the mission or operation of a facility at the time the assessment is being conducted, then it should be a "repair need". Potential defects that have not manifested into physical defects that affect mission or operation but based on analysis of industry standard Effective Useful Life/Remaining Useful Life (EUL/RUL) data, will do so before the next scheduled assessment, should not be identified as a "repair need" since they are not reflective of the condition of the facility at the time it is being inspected. Layout alterations, additions, customer-requested improvements, or any other projects that are not linked to defects are not "repair needs".
                          - Standard/recognized cost sources such as R.S. Means or Department of Defense (DOD) Cost Estimating Guide shall be used to estimate repair needs and plant replacement values.
                          - Plant Replacement Value (PRV) shall be the total cost, at current rates, for constructing existing assets to current construction standards using existing asset sizes and layouts. PRV shall not include personal property, e.g., portable fixtures, furnishings, and equipment that are not part of the constructed fabric of the asset.
                          - Only include repair needs greater than $1,000.
                          - The total cost for each repair need, including both direct and indirect costs, shall be identified. Total cost shall include the rates/costs used for non-construction items associated with repair needs. Such items/rates may include, but are not limited to, Contingencies, Architects/Engineers fees, Pre-design & Design Fees, Contracting Fees, and Management Fees.
                          - All valid repair needs, regardless of priority, shall be used to calculate the CI value. Estimates of potential available budget or potential project timing, though they may be used in prioritization, are irrelevant and should be ignored when calculating CI.
                          - Replacements that have become necessary due to failure of aged or obsolete systems should be identified as repair needs. Allowances should be made for performing repairs or replacements with modern systems.
                          - The prioritization of deficiencies across an OPDIV's portfolio shall be based on the careful consideration of the mission dependency and use of the constructed asset, as well as on the nature of the associated deficiencies and the risks associated with them.  It is important that the assessment data includes the mission and use of the constructed assets as well as the nature (category), severity of the deficiencies, and other prescribed attributes.  This data set that facility planning/programming personnel shall rely on in developing projects, annual budget submissions, and out-year plans.

### 6.3.3 Guidance and Information

To request guidance for developing effective condition assessment contracting and data collection procedures contact the PSC mailbox. This guidance is provided in recognition of the significant time and effort required to organize and/or contract for services, collect, validate, and document accurate condition assessment information and to calculate and report an accurate, reliable condition index. It is important for facility management personnel to recognize and consider that other facility management objectives, both at the OPDIV and Department levels, are supported by the assessment process. To realize maximum benefit, the process must be efficient, and the data collected must be accurate, complete, and useful.

### 6.3.4 Reporting

OPDIV's are required to report BMAR, O&M, PRV in ARIS for each constructed asset (buildings and structures) quarterly, while ensuring complete annualized costs are reported in 4th Quarter data submission.

## 6.4 Easement, Licenses, and Use Permits

### 6.4.1 Policy

1. 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.

2. 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. Contact the PSC mailbox for a sample file that includes basic requirements for roof top antennas and should be supplemented with terms and conditions required by the OPDIV.

3. 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.

4. 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.

### 6.4.2 Administrative Requirements

1. 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 based on sex in educational programs and activities. Contact the PSC mailbox for a sample document that contains the minimum terms and conditions for easements.

Requests for the interim use of land pending the formal grant of easement may be granted with the prior approval of PSC/RLO/RPMS. 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.

2. 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. Contact the PSC mailbox for a copy of the mandatory terms and conditions that must be included in the license, with any additional terms necessary to fit the 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.

3. Use Permits to other Federal Agencies

To request a copy of the Use Permit, form HHS-588 contact the PSC mailbox.  Form HHS-588 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, 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 PSC/RLO/RPMS 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 PSC/RLO/RPMS.

4. 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 PSC/RLO/RPMS. 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.

5. Termination of Easements

Requests to terminate an easement should be forwarded in writing, through channels, to PSC/RLO/RPMS. 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.

### 6.4.3 Guidance and Information

1. 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.

## 6.5 Parking Management

### 6.5.1 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.

1. Tribally Operated Facilities

This policy is not applicable to Tribally Operated Facilities.

### 6.5.2 Administrative Requirements

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:
                          - Persons with disabilities.
                          - Executive personnel and persons who work unusual hours.
                          - Vanpool/carpool vehicles
                          - Electric Vehicles
                          - 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.
                          - Other privately owned vehicles of employees, on a space availability basis.

### 6.5.3 Guidance and Information

1. 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.

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.

2. Transportation Management Plans

Federal facilities with many 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.

3. Electric Vehicle Charging Stations

As HHS expands the Department's Electric Vehicle Charging Capabilities, employees may enroll in building specific charging programs to charge their personal vehicles for a fee.  A small fee must be charged and collected or else the charging service would become an IRS taxable benefit. Signage at local charging stations should provide details on how to enroll and participate.

## 6.6 Quarters

### 6.6.1 Policy

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, using 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:
                          - 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.
                          - 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.  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.  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 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.  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 to serve as an inducement to recruit or retain employees. Moreover, rents should reflect a consistent local pattern for all Federal quarters in each location.
                          - 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.

### 6.6.2 Administrative Requirements

As prescribed by OMB Circular A-45, "Rental and Construction of Government Housing," 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, 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.

### 6.6.3 Guidance and Information

                          - 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.
                          - 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.
                          - 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.
                          - 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 10 Safety and Environmental Management must be prepared and submitted to  PSC mailbox .

### 6.6.4 Reporting

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 the PSC mailbox for review. If PSC/RLO/RPMS 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.

## 6.7 System Inspection and Certifications

### 6.7.1 Policy

It is HHS policy for complying with mandatory facility systems and equipment inspections and certifications.  There are many 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.  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.

### 6.7.2 Administrative Requirements

1. Responsibilities

It may be determined to be more efficient and effective to establish more centralized program management and support in the future. However, currently, OPDIVs are both responsible for and at liberty to establish specific program procedures.
                          - HHS/ASA/PSC/RLO/RPMS 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 regarding 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.
                            - Environmental Responsibilities are further defined in Sub-Section  10.1.2 Administrative Requirements  Paragraph  Responsibilities .

2. Procedures

Maintaining compliance with codes and standards involves a three-step process that is described in 2 Delegations of Authority.
                          - A list of Life Safety Codes, Model Building Codes, and Reference Codes and Standards are found in  2.2 HHS Delegations of Authority .  The list is neither all-inclusive nor do all the listed items apply to every site.
                          - Compliance with environmental requirements is further defined in  Procedures .
                          - 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.

### 6.7.3 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.

### 6.7.4 Reporting

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.

## 6.8 Facility Metering

### 6.8.1 Policy

HHS land-holding divisions are required to install metering and advanced metering devices in owned buildings for energy (electricity, natural gas, and steam) and water use, in accordance with U.S. Department of Energy metering guidelines (per 42 U.S.C. § 8253(e), Metering of Energy Use).

### 6.8.2 Administrative Requirements

1. Responsibilities

HHS energy managers are required to identify and assess recommissioning measures (or if the facility has never been commissioned, retrocommissioning measures) for the facility as part of the evaluation under 42 U.S.C. § 8253(f)(3)(A).

2. Procedures

To meet metering objectives, OPDIVs shall develop a metering plan including an inventory of meter types to be installed in each facility, a description of how the metered data will be used, and a timeline of metering installations. The timeline will highlight the priority of installations (buildings with the largest square footage should be metered first). The OPDIV metering report should also outline the financing strategy for the installation of meters. OPDIVs must also consider equipment specifications and monitoring the metering systems communication requirements when developing their plans.

### 6.8.3 Guidance and Information

                          - Metering Objectives	                             - Priority should be given to buildings identified per OPDIV "Net-Zero Emission Buildings, Campus, and Installation" goals to ensure all EISA-covered facilities are metered as soon as possible.
                            - Fully implement advanced and standard utility metering at all HHS facilities.
                            - Ensure continuous and timely analysis of metered data at all OPDIV sites.
                            - Employ cost allocation and demand response or time allocation programs where possible.
                            - Whenever possible meter chilled water (or hot water) from a district or central chilled plant or hot water applications on a building basis.
                            - Whenever possible meter electrical and cooling system consumption in Data Centers.
                          - Development of OPDIV Metering Plans   	To implement the metering goals outlined, OPDIVs shall develop an OPDIV metering plan using  guidance provided by DOE Federal Energy Management Program (FEMP ).

### 6.8.4 Reporting

OPDIVs are required to report on metering installation per the OPDIV Energy and Water Management Data Report, an Excel spreadsheet distributed as part of the annual OPDIV Energy and Water Management data call.

## 6.9 Facility Commissioning

### 6.9.1 Policy

As required by the Energy Independence and Security Act of 2007 (EISA 2007), federal agencies must conduct a comprehensive energy and water evaluation for approximately 25 percent of their covered facilities each calendar year (CY) so that all facilities are addressed in four years.

Executive Order 14057 Catalyzing Clean Energy Industries and Jobs through Federal Sustainability dated December 8, 2021 requires HHS Divisions to perform whole-building commissioning to reduce HHS' carbon footprint.

In conjunction with these evaluations, agencies are required to identify and assess re- commissioning or retro-commissioning measures for facilities evaluated. The Department of Energy, Federal Energy Management Program provides current legislation, instructions, and trainings on facility evaluations and (retro) commissioning.

### 6.9.2 Administrative Requirements

1. Responsibilities

Facility managers and energy engineers are responsible for ensuring that HHS facilities adhere to current legislation and mandates on facility evaluations and (retro) commissioning.

2. Procedures

OPDIVs shall identify and assess re-commissioning and retro-commissioning measures as part of the energy and water evaluation process required by EISA. The schedule for assessing facilities shall follow energy and water evaluation schedule. Priority shall be given to facilities with histories of high energy use and / or excessive service calls.

### 6.9.3 Guidance and Information

The goals of facility commissioning, and retro-commissioning are to ensure that the building and its systems and equipment operate as designed;
                          - Identify and correct problems and optimize performance
                          - Ensure the building and its systems and equipment continue to operate as designed or meet current operating needs

The Department of Energy, Federal Energy Management Program (FEMP) has developed documents and resources that provide detail on the commissioning and retro-commissioning process. These documents outline how to decide what type of commissioning is needed for a facility, who should perform the commissioning, how to choose a commissioning agent, if necessary, and what to look for during the evaluation.

### 6.9.4 Reporting

To track progress toward covered facilities energy and water evaluations and retro-commissioning, OPDIVs are required to report evaluation results in the EISA 2007 Compliance Tracking System and as part of the annual OPDIV Energy and Water Management report.

## 6.10 Energy and Water Management

### 6.10.1 Policy

HHS facilities shall implement initiatives and programs to meet current Executive Orders and legislation on energy and water management. Facility energy efficiency and water management information is summarized by the Federal Energy Management Program.

1. Management

It is the policy of HHS and its OPDIVs to manage its facilities in the most energy and water efficient manner consistent with:
                          - Mission of HHS, OPDIVs, and individual facilities
                          - Safety of personnel and protection of facilities
                          - Reliability, resiliency, and maintainability of its building operating systems
                          - Protection of the environment (e.g., reduction of emissions, elimination of chlorofluorocarbon (CFC) and high global warming potential refrigerants)
                          - Federal energy and water efficiency requirements
                          - Elimination or maximum reduction of on-site fossil fuel combustion
                          - 100 percent carbon free electricity utilization
                          - Maximum effectiveness of its employees

Management encompasses the full scope of energy and water impacting activities, including design, construction, and renovation of buildings; purchase and operation of building equipment, energy consuming personal property, and fuel sources; and employee actions. OPDIVS and facility managers will comply with specific requirements of applicable energy and water efficiency related laws, regulations, and executive orders.  Life Cycle Cost (LCC) effective alternatives will be considered and will be pursued whenever feasible to achieve greater energy and water efficiency than standards require. OPDIVs are encouraged to favorably consider additional capital expenditures and/or personnel costs for activities that will reduce overall energy and water usage. OPDIVs and facilities will evaluate energy and water efficiency projects at least annually and prepare and fund a plan to implement the most significant of the identified opportunities.

2. Applicability

The Department of Health and Human Services (HHS) energy and water management program provides policy guidance, tools, and assistance to the OPDIVs for energy and water efficiency. The Department program coordinates the efforts of the OPDIVs and serves as a model for individual OPDIV and facility programs. The program is managed by the Office of the Secretary, Assistant Secretary for Administration, Program Support Center (PSC), Real, Logistics, and Operations (RLO), Real Property Management Service (RPMS).

Each HHS OPDIV is required to develop a centralized energy and water management program consistent with the applicable laws, regulations, guidelines, and policies, as well as the agency program described in this chapter. The purpose of the OPDIV program is to coordinate the efficiency efforts and provide specific guidance to facility managers, engineers, architects, managers, procurement officials, and others involved in energy and water efficiency operators, and users within the OPDIV.  Individual facilities may establish their own energy and water efficiency program based on the goals of the Department program while using the existing tools and resources.

The policies and procedures described in this chapter are applicable to all HHS owned space and General Services Administration (GSA) delegated space or privately leased space for which HHS pays the utility costs.

### 6.10.2 Administrative Requirements

1. Responsibilities

All facility management staff are responsible for the efficient use of energy and water in HHS facilities and shall adhere to all requirements and mandates.

2. Procedures
                          - Energy and Water Efficiency and Greenhouse Gas Emission Reduction   	Energy and water efficiency and greenhouse gas emission reduction in each HHS facility is the responsibility of all facility management staff under the direction the OPDIV Facility Director and the OPDIV Chief Sustainability Officer (CSO). The Facility Director/CSO should plan to reduce facility energy and water consumption and greenhouse gas emissions to meet Federal requirements through a multifaceted approach including, but not limited to, the following:	                             - Perform energy and water evaluations.
                            - Maximize use of available alternative financing contracting mechanisms, including energy savings performance contracts (ESPC) and utility energy service contracts (UESC).
                            - Consider the LCC of combinations of projects particularly to encourage bundling of energy and water efficiency projects with renewable energy projects.
                            - Operate the existing building equipment in the most energy and water efficient manner to minimize operating hours and temperature setpoint extremes while maximizing productivity in the space.
                            - Analyze and implement energy and water conservation projects identified in evaluations.
                            - Establish an energy and water awareness program for all employees.
                            - Monitor utility billing and energy consumption to evaluate progress toward conservation goals and eliminate the potential for billing errors.
                            - Construct new facilities and perform building renovations to comply with Federal energy and water performance standards.
                            - Eliminate or reduce to the maximum extent possible the direct, on-site fossil fuel combustion through efficient electrification of equipment, or, when elimination is not possible, implement all practicable electrification.
                            - Utilize 100 percent carbon free electricity
                            - Select Energy Star® and other energy efficient products (in the upper 25 percent of energy efficiency) when acquiring energy-using materials and equipment.
                            - Select WaterSense products when acquiring plumbing fixtures.
                            - Limit the number of personal appliances (e.g., refrigerators, water coolers) brought into the facility.
                            - Enforce restrictions on personal space heaters and reduce the need for this equipment by ensuring building equipment and systems are operating properly.
                            - Encourage use of energy saving software for personal computers.
                            - Encourage all employees to turn off lights and other equipment at the end of the day.

### 6.10.3 Guidance and Information

1. Energy Management Training

A key individual must be appointed at each HHS land holding OPDIV as the ODIV Energy Coordinator to serve as the focal point for all energy matters and to manage and monitor energy and water efficiency. These individuals should become trained energy managers as defined by legislation.

2. Energy and Water Awareness Program

The energy used by lights and miscellaneous equipment such as computers, printers, refrigerators, freezers, and laboratory equipment are often a very large percentage of a facility's total annual energy consumption. The use of this equipment is normally controlled by the occupants. Therefore, the most effective method of energy and water conservation in this area is an employee energy awareness program consisting of education, information, and support.

3. Greenhouse Gas Elimination/Mitigation Programs and/or Strategies

Through increasing energy efficiency, utilizing renewable energy, and electrification of equipment, facilities can eliminate or mitigate to the maximum extent possible their carbon footprint.  The following links provides list of resources and guides
                          - GHG Reduction Programs and Strategies
                          - Tools and Resources for Electrification

### 6.10.4 Reporting

HHS as an agency is required by Energy Policy Act (EPACT) 2005 to measure and report its progress on an annual basis. The OPDIV annual Energy and Water Management Report consists of a spreadsheet that tracks consumption and quantitative data and a narrative report describing results and actions implemented or to be implemented in the near future.

## 6.11 Waste Management

### 6.11.1 Policy

It is HHS policy for compliance with statutory and procedural requirements for solid waste management including disposal, waste minimization, recycling, and resource recovery requirements. The Solid Waste Disposal Act (SWDA), as amended by the Resource Conservation and Recovery Act (RCRA), establishes requirements concerning the disposal and management of solid wastes.

Per EO 14057, HHS required to divert from landfills at least by 50 percent of non-hazardous solid waste streams, including food and compostable material, and construction and demolition waste by FY 2025, and 75 percent by 2030.

**AUTHORITIES AND REFERENCES**
                          - Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.).
                          - Solid Waste Disposal Act of 1965, as amended of 1976 (42 USC 6901 et seq.).
                          - Clean Air Act (CAA) of 1970, as amended (42 USC 7401 et seq.).
                          - Pollution Prevention Act (PPA) of 1990 (42 USC 13101 et seq.).
                          - Executive Order (EO) 14057, Catalyzing Clean Energy Industries and Jobs through Federal Sustainability .

### 6.11.2 Administrative Requirements

The HHS facility will design solid waste disposal programs as total systems that consider the relative economic advantages of the latest technology as well as the potential for resource recovery. The program will explore shredding, compacting, energy recovery, and similar processes. A facility solid waste management plan must be developed addressing each of the following: Source Reduction and Reuse, Recycle and Compost, Waste to Energy Conversion, and Treatment and Disposal.

All HHS organizations and tenants must participate in a facility recycling program.  A facility-recycling program shall be established for the following purposes:
                          - To protect the environment and prevent the depletion of valuable natural resources.
                          - To comply with Federal, state, and local environmental laws and regulations.
                          - To reduce the volume of waste disposed in landfills.
                          - To reuse readily available resources.
                          - To avoid excessive costs for the disposal of solid waste by other means.
                          - To obtain proceeds from the sale of recyclable material.

### 6.11.3 Guidance and Information

Recycling and composting are key strategies for diverting waste from landfills.  The following are list of guidance and information:
                          - Waste Management Hierarchy
                          - GSA Sustainable Facilities Tool
                          - Sustainable Material Management
                          - Waste Reduction
                          - Common Recyclables
                          - Best Practices for Reducing, Reducing, and Recycling Construction and Demolition Materials
                          - Deconstruction Rapid Assessment Tool
                          - Organizations Working to Reduce the Disposal of Construction and Demolition Materials
                          - Guide for Managing and Reducing Wastes in Commercial Buildings
                          - Guide for Transforming Waste Streams in Communities
                          - Waste Tracking and Management in Commercial Buildings
                          - Composting

### 6.11.4 Reporting

Non-hazardous solid waste streams, including food and compostable material and construction and demolition waste and debris are to be reported from facilities that are 10,000 gross square feet or greater through EPA Portfolio Manager and/or potential HHS Departmental Data Reports.

## 6.12 Pest Control

### 6.12.1 Policy

It is policy for HHS to comply with the legal use of pesticides and herbicides at HHS facilities. Environmental compliance with respect to use of pesticides and herbicides must be integrated with occupational health and safety policies and regulations.

### 6.12.2 Administrative Requirements

1. Authorities and Responsibilities

All HHS personnel whose duties involve aspects of pest and weed control shall carry out the following responsibilities to the extent of their respective span of control and level of organizational authority:
                          - Establish and coordinate programs to achieve, maintain, and monitor compliance with applicable Federal, state, and local statutory and regulatory requirements for pest management.
                          - Emphasize techniques to reduce pesticide risk and prevent pollution. Monitor pesticides to ensure the pesticides available are least hazardous and comply with applicable Federal, state, and local laws.
                          - Ensure, through staff assistance visits and Environmental Compliance monitoring, departmental/ regional cooperation, and compliance with Federal, state, and local regulatory agencies about pesticide management regulations.
                          - Ensure procedures are established so that recommendations from onsite pest management program reviews will result in appropriate corrective action.
                          - Coordinate pest management actions, as appropriate, with state and local governments involved with pest management when human health is an issue.
                          - Cooperate with state and local government agencies involved with pest management.
                          - Conduct special environmental compliance and protection studies about pest management to assist in establishing policy or initiating actions.
                          - Exercise oversight and review of pest management programs within assigned area of responsibility.
                          - Establish surveillance programs to assess potential adverse environmental or public health effects from pesticide use and monitor the health and safety of persons who apply pesticides.
                          - Ensure that all pest management operations performed at the facility are properly recorded, and that all records are properly maintained.

2. Procedures

Properly implemented recurring pest and weed control services will eliminate or greatly reduce nuisance pests and, in some cases, prevent the intrusion of unwanted pests into buildings, lawns, plants and trees. Pests include any insects, rodents, vertebrates, vegetation, decay organisms, birds, animals, mollusks, and reptiles that are disease vectors or nuisances or are harmful to humans and their surroundings. Pest control actions shall include mechanical, chemical, physical, or construction as necessary to prevent/remove the identified pest.
                          - Product Technical Specification Changes.  It may become necessary to alter technical specifications and products used when:	                             - Newer, safer, and more effective methods become available.
                            - More selective pesticides become available.
                            - Less toxic and less persistent pesticides become available.
                          - Performance Requirements.  Work shall be accomplished in accordance with applicable federal and state regulations and guidelines and successful implementation of pesticide safety and integrated Pest Management. Common categories of facilities or land treatment include: Fire Ant Control, Mole Cricket Control, Mosquito Control, Animal Control, Weed Control, Plant & Tree Care, and Structural Pest Control Inspection and Treatment.
                          - Specific Laboratory Building Requirements.   Some OPDIV laboratory operations may be sensitive to local pesticide usage and could affect precision measuring within laboratories.  Ensure pesticides applied to a facility do not adversely affect laboratory operations.
                          - Pesticide Disposal.  Every effort must be made to ensure that pesticides do not become hazardous waste (HW). Excess EPA-registered pesticides should be returned to the supplier, transferred to another HHS facility that is able to use the material, or transferred to another OPDIV.  For additional guidance on Hazardous Waste can be found in  Hazardous Materials and Wastes .
                          - Environmental Protection and Safety Requirements.   Programs shall minimize environmental impact by using integrated pest management techniques. Proper safety precautions shall be specified and implemented including posting of appropriate warning/caution signs, use of barriers, etc., to provide sufficient warning to people in the vicinity of applied treatments, and to prevent potential dangers or hazardous situations. Pesticides shall be properly handled and transported, including use of proper identification on both sides of vehicles carrying pesticides.
                          - Pest Management Plans.   Pest management plans shall be implemented that utilize integrated pest management techniques. An approved list of pesticides and pest control products shall be maintained and complied with as the Pesticide Authorized User List (AUL). To request a sample authorized user list, contact the  PSC mailbox .   	OPDIVs shall ensure that within their areas of responsibility:	                             - Knowledgeable persons are designated to exercise control over the AUL, and
                            - AULs are kept current and are complied with at each independent site.
                            - Maintain current MSDS's for all current pesticides in use. Ensure availability to all applicable users.
                          - Licensing, Permits, and Personnel Qualifications   	Contractor and in-house pest control operators and applicators shall be licensed by the state in which work is to be performed and such license shall specify those categories of pest control in which the licensee is qualified and authorized to perform pest control services. 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.
                          - References	                             - Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of 1972, as amended (Public Law 92- 516, 7 USC 136 et seq.).
                            - Resource Conservation and Recovery Act (RCRA) of 1976, as amended (42 USC 6901 et seq.).
                            - Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977 (33 USC 1251 et seq.).
                            - Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 (42 USC 11001 et seq.).
                            - Toxic Substances Control Act (TSCA) of 1976 (15 USC 2601 et seq.).
                            - Endangered Species Act (ESA) of 1973 (16 USC 1531 et seq.).
                            - Migratory Bird Treaty Act of 1918, as amended (16 USC 703 et seq.).
                            - Federal Noxious Weed Act of 1974 (7 USC 2801 et seq.).
                            - National Environmental Policy Act (NEPA) of 1969 (42 USC 4321 et seq.).

### 6.12.3 Guidance and Information

Warranty of Structural Pest Control Treatment: typically, a five-year written warranty is required from commercial service providers to warrant the areas treated against existing and new infestations of subterranean termites or powder post beetles. The warranty shall state that chemical concentrations, rates, and methods of application complied with the EPA label. The warranty period shall commence from the date of satisfactory completion of the work. Visual sightings of pests, additional damage, new mud tubes, or other signs of living pests within the structure during the warranty period shall be grounds for re- treatment under warranty.

### 6.12.4 Reporting

Every HHS organization responsible for providing Pest Control services shall have a written Integrated Pest Management Plan (IPMP) that establishes an early prevention program to eliminate and control pest infestations. All necessary safety, environmental, and regulatory specifications and requirements shall be implemented in a manner which offers maximum protection to human life and property with special emphasis on protecting the environment. OPDIVs and other HHS activities have discretion to publish umbrella IPMPs that adequately address the issues at their sites, so long as the sites operate in accordance with those plans. Facilities shall maintain complete daily pesticide application and pest management operations records as required by FIFRA and 7 USC 136i-1 and ensure that these records are archived after 2 years for permanent retention.

## 6.13 Naming and Dedicating Installations and Buildings

### 6.13.1 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.

### 6.13.2 Administrative Requirements

                          - Naming Facilities   	To process a request for memorialization honor, the following information and attachments shall be submitted by the OPDIV to the  PSC mailbox  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.
                          - Dedicating Ceremonies   	The OPDIV is responsible for the planning and execution of dedication ceremonies. To request a copy of the A "Sample Planning Guide for Dedication Ceremonies" then contact the  PSC mailbox . 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.

## 6.14 U.S. Public Health Service Flags and Seals

### 6.14.1 Policy

It is the HHS Policy to display the United States Public Health Service (USPHS) Flag and Official Seal at all HHS facilities.  The USPHS Flag and Official Seal provide a symbol of identity, and it represents HHS' origins when it existed as the Marine Hospital System in 1798.
                          - USPHS Flag	                             - The Authorized Specifications and Design of the USPHS Flag is described in Paragraph 6-2 and 6-3.a in  Commissioned Corps Instructions 442.01 .
                          - USPHS Official Seal	                             - The designed and authorized USPHS Official Seal is depicted in Appendix B in  Commissioned Corps Instructions 442.01 .

### 6.14.2 Administrative Requirements

                          - Authorizations	                             - Authorizations to display the USPHS Flag outdoors based on an activity or at a USPHS or HHS Installation is based on the requirements detailed in Paragraph 6-7(c) of  Commissioned Corps Instruction 442.01 .		                               - The post's Officer in Charge at an HHS facility is the post's senior ranking officer identified through the HHS Divisions'  liaison .
                            - Authorizations to display the USPHS Flag indoors in an office, conference room, auditorium, building, or lobby is based on the requirements detailed in Paragraph 6-6(d) of  Commissioned Corps Instruction 442.01 .
                            - Authorizations to install the USPHS Official Seal at an USPHS or HHS Facility is given by the post's senior ranking officer identified through the HHS Divisions'  liaison .		                               - When the USPHS or HHS installation or activity occupies a large geographical area, the USPHS Official Seal may be displayed at more than one location in the post at the discretion of the Officer in Charge of the installation or activity.
                          - Responsibilities	                             - In GSA-operated facilities, either GSA operations and maintenance contractor or GSA in-house facility management personnel is responsible for raising, lower, and half-staffing the U.S. Flag, USPHS Flag, and other flags.
                            - In HHS-owned facilities, the HHS Division is responsible for raising, lowering, and half-staffing the U.S. Flag, USPHS Flag, and other flags at the facility.
                            - In leased facilities – The lessor is responsible for raising, lowering, and half-staffing the U.S. Flag, USPHS Flag, and other flags at the leased facility.
                            - HHS Divisions are responsible for acquiring replacement USPHS Flag replacements and to maintain, repair, or replace associated lighting and to maintain, repair, or replace USPHS Seals and associated lighting.
                          - Procedures	                             - Outdoor USPHS Flag		                               - There are three types of outdoor USPHS Flags that can be displayed outdoors: Dress, Fair, and Storm, which are defined in Paragraph 6-7(a) of  Commissioned Corps Instruction 442.01 .
                              - Procedures for displaying installed Flags at HHS Facilities at Half Mast is described in Paragraph 6-7(g) of  Commissioned Corps Instruction 442.01 .
                              - Disposition of the USPHS flag is described in Paragraph 6-11 of  Commissioned Corps Instruction 442.01 .
                            - Indoor USPHS Flag		                               - There are two types of indoor USPHS flags: Colors and Distinguishing Flags, which is described in Paragraph 6-6 of  Commissioned Corps Instruction 442.01

### 6.14.3 Guidance and Information

                          - USPHS Flags	                             - Outdoor USPHS Flag		                               - Guidance, Placement, and Specifications on Outdoor USPHS Flags is described in Paragraph 6-7 of  Commissioned Corps Instruction 442.01
                            - Indoor USPHS Flag		                               - Guidance, Placement, and Specifications on Indoor USPHS Flags is described in Paragraph 6-6 of  Commissioned Corps Instruction 442.01
                            - Disposition		                               - Identified USPHS flags no longer fit for display are to be destroyed by burning, in a dignified ceremony, unless historically significant.			                                 - If historically significant, then follow disposition procedures described in Paragraph 6-11 of  Commissioned Corps Instruction 442.01
                              - Post USPHS Officer in Charge and HHS Division Facility Manager determine the appropriate course of action to replace a USPHS Flag that is identified no longer fit for display			                                 - Include any replacement costs for USPHS flags in the Roads/Grounds Costs as indicated in Sub-Section6.2.3 Guidance and Information.
                          - USPHS Official Seal	                             - Outdoor		                               - The size of the USPHS Official Seal should never be reduced to a size of less than 24 inches in diameter.
                              - The position of the USPHS Official Seal should be to the left of the facility name lettering			                                 - Lettering shall be at least 6 inches in height
                                - Lettering shall have the following naming convention from top to bottom in Arial or Garamond Font				                                   - U.S. Department of Health and Human Services in Upper Case Letters, Bold, and the lettering may be two lines
                                  - Public Health Service in Camel Case Letters, Bold, and lettering in one line
                                  - Installation Name in Camel Case Letters, not bold, and lettering in one line.
                              - Displaying the USPHS Official Seal outdoors at night requires sufficient light to illuminate the sign under normal atmospheric conditions.			                                 - Include any maintenance, repair, and/or replacement costs for USPHS Seals and associated outdoor lighting in the Roads/Grounds Costs as indicated in Sub-Section  6.2.3 Guidance and Information
                            - Indoor		                               - Lobby, Conference Room, Auditorium, Foyer			                                 - The recommended size of the USPHS Official Seal covers between 4/7 (57%) and 3⁄4 (75%) of the available wall space when installed in an installation's lobby or foyer.
                                - The following are recommendations for the USPHS Official Seal to be positioned:				                                   - The center of the seal is at eye level (approximately 57 inches from the floor).
                                  - The left, right, top, or bottom of installation lettering
                              - Office and Podium			                                 - The USPHS Official Seal should be never reduced to a size less than 10 inches in diameter
                            - Finishes		                               - Wood can have the following options:			                                 - Painted in accordance with one of two authorized color schemes as indicated in the  U.S Public Health Service Commissioned Corps Brand Guidelines .
                                - 2.5-D with natural wood grain background
                              - 2.5-D Aluminum-plated with hand-rubbed black background
                              - 2.5-D Bronze-plated with dark oxide background
                            - Existing USPHS Official Seal Not Meeting Size, Placement, or Finish Guidelines		                               - Submit picture of USPHS Official Seal along with information on facility location information, and description of how the official seal deviates from the recommended guidelines to Director, CCHQ.

### 6.14.4 Reporting

                          - Disposition of USPHS Flags	                             - Report historically significant USPHS Flags to the Director, CCHQ with historically significance in a memorandum explaining the circumstance per paragraph 6-11 of  Commissioned Corps Instructions 442.01 .

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Content last reviewed November 4, 2022