Chapter 2. Delegations of Authority

Topics on this page: 2.1 GSA Delegations of Authority | 2.2 HHS Delegations of Authority | 2.3 HHS Authority of Having Jurisdiction

Table of Contents

2.1 GSA Delegations of Authority

2.1.1 Policy

This section specifies the policies must follow regarding the delegation of authority from the GSA in accordance with the Federal Management Regulation (FMR). See GSA Federal Management Regulations (FMR), Subchapter C—Real Property. GSA Delegation of Authority §102-72.25

The Administrator of General Services Administration (GSA) may delegate and may authorize successive delegations of the real property authority vested in the Administrator to any federal agency. Delegations must be in the Government's best interest, which means that GSA must evaluate such factors as whether a delegation would be cost effective for the Government in the delivery of space. Federal agencies must exercise delegated real property authority and functions according to the parameters described in each delegation of authority document, and federal agencies may only exercise the authority of the Administrator that is provided within the delegation of authority document.

2.1.2 Administrative Requirements

Leasing

See GSA FMR §102-72.30. Delegations related to real estate leasing include the following:
1. Categorical space delegations and agency special purpose space delegations (see §102-73.140 of this title).
2. The Administrator of GSA has issued a standing delegation of authority (under a program known as "Can't Beat GSA Leasing") to the heads of all Federal agencies to accomplish all functions relating to leasing of up to 19,999 rentable square feet of general-purpose space for terms of up to 20 years and below prospectus level requirements, regardless of geographic location. This delegation includes some conditions Federal agencies must meet when conducting the procurement themselves, such as training in lease contracting and reporting data to GSA.
3. An Administrative Contracting Officer (ACO) delegation, in addition to lease management authority, provides Federal agencies with limited contracting officer authority to perform such duties as paying and withholding lessor rent and modifying lease provisions that do not change the lease term length or the amount of space under lease.
Facility Management

See GSA FMR §102-72.40. Facility management delegations give Executive agencies authority to operate and manage GSA owned buildings day to day, to perform individual repair and alteration projects and manage real property leases.
1. The principal types of delegations involved in management facilities are:
  1. Real property management and operation authority;
  2. Individual repair and alteration project authority; and
  3. Lease management authority (Contracting Officer Representative authority).
2. Delegated functions may include building operations, maintenance, recurring repairs, minor alterations, historic preservation, concessions, and energy management of specified buildings subject to the conditions in the delegation document.
Delegations of Individual Repair and Alteration Project Authority From GSA

With this delegation of authority, Executive agencies have the responsibility to perform individual repair and alterations projects in GSA Buildings. Executive agencies are delegated repair and alterations authority for reimbursable space alteration projects up to the simplified acquisition threshold, as specified in the GSA Customer Guide to Real Property. Executive agencies may be delegated repair and alterations authority for other individual alteration projects when they demonstrate the ability to perform the delegated repair and alterations responsibilities and when such a delegation promotes efficiency and economy. When an Executive agency does not exercise the delegation of authority mentioned in FMR 102-72.30(b) to lease general purpose space itself, it may be delegated, upon request, lease management authority to manage the administration of one or more lease contracts awarded by GSA.
Delegation of Lease Management Authority (Contracting Officer Representative Authority) from GSA

An Executive agency may be delegated real property management and operation authority when it:
1. Occupies at least 90 percent of the space in the Government-controlled facility or has the concurrence of 100 percent of the rent-paying occupants to perform these functions; and
2. Demonstrates that it can perform the delegated real property management and operation responsibilities.
Executive Agencies' Responsibilities Under Disposal for Real Property Delegation of Authority from GSA

With this delegation, Executive agencies have the authority to utilize and dispose of excess or surplus real and related personal property and to grant approvals and make determinations subject to the conditions in the delegation document. While disposal delegations to Executive agencies are infrequent, GSA may delegate authority to them based on situations involving certain low-value properties and when they can demonstrate that they have the technical expertise to perform the disposition functions. GSA may grant special delegations of authority to Executive agencies for the utilization and disposal of certain real property through the procedures set forth in FMR 41CFR 102-75.
Executive Agencies' Responsibilities under a Utility Service Delegation of Authority from GSA

With this delegation, Executive agencies have the authority to negotiate and execute utility services contracts for periods over one year, but not exceeding ten years for their use and benefit. Agencies also have the authority to represent the consumer interests of the Federal Government, if so, provided in the delegation of authority.

2.1.3 Guidance and Information

Relevant Documents and Policies
1. GSA Delegation Authority defined in 40 U.S.C. 121(c), (d) and (e).
2. Real Estate Leasing delegation information can be found in GSA FMR §102-73.140
3. Definition of terms as used in the delegation authority are specified in GSA FMR §102-71.20,
4. Utilization and disposal of certain real property procedures are set forth in part 102-75, subpart F

2.1.4 Reporting

The Senior Real Property Officer shall, on an annual basis, provide to the Director of the Office of Management and Budget and the Administrator of General Services:

information that lists and describes real property assets under the jurisdiction, custody, or control of that agency, except for classified information; and
any other relevant information the Director of the Office of Management and Budget or the Administrator of General Services may request for inclusion in the Government-wide listing of all Federal real property assets and leased property.

2.2 HHS Delegations of Authority

2.2.1 Policy

The U.S. Department of Health and Human Services (HHS) Secretary directs all real property activities and has delegated authority within Assistant Secretary for Financial Resources, Assistant Secretary for Administration, and Program Support Center.

2.2.2 Administrative Requirements

Secretary of Health and Human Services

The Secretary directs all HHS real property activities
HHS Assistant Secretary for Financial Resources (ASFR)

Under the Secretary's authority, The Assistant Secretary for Financial Resources (ASFR) provides advice and guidance to the Secretary on all aspects of budget, financial management, grants, and acquisition management, and to provide for the direction and implementation of these activities across the Department. ASFR's Department-wide facilities activities include:
1. Maintains active communication with Office of Management and Budget (OMB) and the Congress, responds to information requests in an accurate and timely manner, and works with these organizations to achieve the Department's budget priorities.
2. Provides guidance and technical assistance to HHS operating divisions, reviews and analyzes policy proposals, promotes program integrity and other management priorities, and leads the resolution of issues arising from budget execution activities.
3. Provide financial accountability and enhance program integrity through leadership, oversight, collaboration, and innovation.
4. Provides Department-wide leadership and management in the areas of grants and acquisition management.
HHS Assistant Secretary for Administration

Under the Secretary's authority, The Assistant Secretary for Administration (ASA) oversees the department's real property portfolio in consultation with the ASFR, who is the department's Chief Financial Officer (CFO). ASA's Department-wide facilities activities include:
1. Facilities master planning, design, programming and construction Operations and maintenance of HHS facilities;
2. Property management of leased facilities;
3. Land and space management;
4. Disposal of real property;
5. Environmental quality and compliance;
6. Facilities energy management;
7. Historic preservation; and,
8. Provides direction and oversight for HHS Program Support Center (PSC)
  1. Physical Security, Emergency Management, and Safety
  2. Real Property Management, Policy, and Strategy
  3. HHS Sustainability Program
  4. Transportation and HHS Fleet Program
  5. HHS Federal Real Property Assistance Program
  6. Serves as HHS Chief Sustainability Officer (CSO)
HHS Senior Real Property Officer

Under ASA's authority, under the Director of the Program Support Center (PSC), the Director of the PSC Real Estate, Logistics, and Operations Support Portfolio (RLO) is the HHS Senior Real Property Officer (SRPO), pursuant to Executive Order (EO) 13327, "Federal Real Property Asset Management" (4 Feb 2004). The SRPO:
1. Serves as asset manager for the Department in support of the HHS Strategic Plan;
2. Identifies and categorizes HHS owned, leased, or managed real property; maintains the ARIS program, and submits reports to the Federal Real Property Profile Management System (FRPP MS).
3. Provides facilities-related technical assistance and reviews OPDIV real property-related budget submissions for ASFR;
4. Issues department-wide policy and ensures compliance with HHS and federal real property requirements and goals;
5. Approves all space disposal and acquisitions and campus master plans, in consultation with the ASFR;
6. Oversees HHS components' real property strategy, prioritizes actions to improve the operational and financial management of agency real property inventory, and identifies and measures progress towards those goals; and,
7. Approves major capital projects up to the Capital Investment Review Board (CIRB) level and advises the CIRB on major, program-wide decisions.
HHS Chief Sustainability Officer (CSO)

Under the Secretary's authority, the Director of the PSC acts as the HHS Chief Sustainability Officer (CSO), pursuant to Executive Order (EO)14008: Tackling the Climate Crisis at Home and Abroad and EO 14057: Catalyzing Clean Energy Industries and Jobs through Federal Sustainability signed by President Biden on 27 January 2021 and 13 December 2021, respectively. The implementing instructions for EO 14008, issued February 2021, provides instructions to Federal Agencies regarding the implementation of EO 14008 including agency planning, reporting requirements, and accountability. Note that in these implementing instructions, the terms "must" and "shall" convey statutory or regulatory requirements; "instruct" conveys directions to implement EO14008 and EO 14057; "should" or "may" convey recommended best practices for efficient and effective implementation. The PSC is responsible for carrying out the HHS CSO responsibilities, including:
1. Developing a Department-wide Sustainability Report and Implementation Plan (SRIP);
2. Ensuring appropriate agency staff are working to implement EO14008 and other statutory requirements related to climate resilience and mitigation (energy and water conservation);
3. Working with other HHS senior leaders (e.g., the Chief Acquisition Officer), to ensure that agency functions and programs address the directives and goals of the EO;
4. Representing HHS on the Federal Interagency Sustainability Steering Committee;
5. Providing reports, information, and assistance necessary to implement applicable EOs, laws and regulations.
6. Evaluating performance of agency implementation of the EO;
7. Implementing opportunities to improve agency fleet sustainability through clean and zero-emission vehicles while spurring the creation of American jobs per EO 14005;
8. Promoting sustainable and carbon-free commuting and work-related travel practices;
9. Ensuring regional agency actions are consistent with sustainability and climate resiliency where agency facilities are located; and
10. Fostering outstanding performance in agency efforts to implement the EO.
HHS PSC Real Estate, Logistics, and Operations Support Portfolio (RLO)

Under ASA's authority, under the Director of the Program Support Center (PSC), the Director of the PSC Real Estate, Logistics, and Operations Support Portfolio (RLO) provides the following services;
1. Physical Security, Emergency Management, and Safety
2. Real Property Management, Policy, and Strategy
3. HHS Sustainability Program
4. Transportation and HHS Fleet Program
5. HHS Federal Real Property Assistance Program
6. Serves as Senior Real Property Officer
HHS PSC Physical Security and Emergency Management Services

The Program Support Center's Physical Security, Emergency Management and Safety (PSEMS) provide leadership, coordination, policy, and oversight and support of physical security, emergency management, and safety for the U.S. Department of Health and Human Services (HHS) and its operating divisions and staff divisions. PSEMS services include the following:
1. Support day to day physical security, emergency management, and safety operations for the following facilities:
  1. Hubert H. Humphrey (HHH)
  2. 5600 Fishers Lane
  3. Mary E. Switzer
2. Provide oversight and support of physical security, emergency management, and safety operations across HHS and the 10 Regional Offices
HHS PSC RLO Real Property Management Service (RPMS)

The PSC, RLO, Real Property Management Service (RPMS) provides the following services:
1. Real Property Management, Policy, and Strategy
2. HHS Sustainability Program
3. HHS Federal Real Property Assistance Program (FRPAP)
4. Space Design and Construction
5. Space Management
HHS Real Property Policy and Strategy Division (RPPS)

The PSC, RLO, Real Property Management Service (RPMS), Real Property Policy and Strategy Division (RPPS):
1. Oversees the Department's real property portfolio;
2. Provides Department-wide leadership and direction in planning, design, construction, leasing, operations and maintenance and space utilization programs, and statutory oversight programs, including environmental, historic preservation, energy, and occupational safety and health;
3. Provides technical assistance to HHS Operating Divisions (OPDIVs) to ensure the effectiveness of their facilities programs and policies;
4. Provides administrative and operations support to the HHS Capital Investment Review Board (CIRB);
5. Represents HHS to federal and non-federal agencies; and,
6. Report facilities activities and performance to the OMB and the Federal Real Property Council.
HHS Capital Investment Review Board

The HHS Capital Investment Review Board (CIRB) advises the Secretary, ASA, the Assistant Secretary for Financial Resources (ASFR), and the SRPO on major facility capital investment issues, and ensures that each investment supports HHS' mission and strategic goals. The CIRB reviews:
1. Major OPDIV and STAFFDIV capital investments;
2. All land acquisitions and master plans;
3. Department-wide investments that affect multiple organizations;
4. Investments that have a significant impact on a single OPDIV;
5. Investments determined by the Office of the Secretary to have significant risks; high development, operating or maintenance costs; or high public visibility.

2.3 HHS Authority of Having Jurisdiction

2.3.1 Policy

The purpose of Section is to broadly identify the Authority Having Jurisdiction (AHJ) throughout HHS and to assist the user in clearly identifying and consulting with the AHJ in the design, construction, renovation, maintenance, operation, occupancy, and disposal of HHS facilities. Additionally, this section establishes the roles and responsibilities of the HHS AHJ and other agency officials in the implementation, enforcement and interpretation of applicable codes and standards.

The information found herein is applicable to all new construction, minor and major renovation, joint venture, maintenance and improvement projects, and facility operations; unless specifically noted and delineated.

2.3.2 Administrative Requirements

AHJ for the Department. The AHJ is the sole entity within HHS authorized to issue code interpretations, equivalency determinations, and variances and waivers from the code. Such decisions issued by the AHJ are binding on all HHS construction projects and existing facilities.
AHJ for Construction Projects. Limited AHJ responsibilities are delegated to the office that is managing the project. Full AHJ responsibilities are delegated to Operating Divisions managing their own construction projects. If a code interpretation, equivalency, variance, or waiver is necessary, the managing entity shall request and interpretation from the AHJ.
Role of State and Local Fire Marshals. HHS recognizes that the national building codes are typically the foundation of state and local building codes. State and local building codes also represent important regional interests and conditions. As such, state and local building codes shall be followed to the maximum extent practicable. Buildings on private land, which are leased to HHS, must comply with state and local codes. Legally, however, buildings built on Federal property are exempt from state and local building codes. Notwithstanding, it is HHS policy to comply with state and local building codes. HHS will also notify local fire marshals and departments during construction or major renovations that will affect life safety systems or egress that may affect local fire responders in case of an emergency during the project.
Code Compliance. Maintaining compliance with codes and standards involves a three-step process, as follows:
1. Implementation. The act of ensuring that the design and construction of new buildings and the repair, renovation and modification of existing buildings is accomplished in accordance with applicable codes and standards. The office managing the design and construction of such projects has the primary responsibility for ensuring compliance with applicable codes and standards. Implementation is accomplished on new construction projects by the AHJ.
2. Enforcement. The act of ensuring that existing buildings are maintained in accordance with the codes and standards to which they were designed and constructed. Enforcement is accomplished via periodic documented inspections and testing by the responsible office overseeing a project or the Operating Division overseeing a project in accordance with their respective, established procedures. Such inspections and testing may be accomplished by Facility Mangers, Safety Officers, Security Managers, or Infection Preventionist with local Environmental Health Officer assistance. In addition, accreditation bodies, such as CMS and The Joint Commission, enforce code requirements through periodic reviews during accreditation surveys.
3. Interpretation. The act of evaluating the intent of code and standard requirements that are unclear, ambiguous or in conflict with a competing code or standard. Interpretation is accomplished solely by the AHJ for the agency.

2.3.3 Guidance and Information

Life Safety Codes and Model Building Codes
1. GSA Facility Management Regulation (FMR) Part 102-80 – Safety and Environmental Subpart C – Accident and Fire Protection
  
  The GSA FMR Part 102-80 Subpart C outlines the requirements HHS must comply with regarding general accident and fire prevention policy.
2. National Fire Codes
  
  The National Fire Codes (NFC), as published by the National Fire Protection Association (NFPA) shall be used exclusively for determining and maintaining life safety requirements for all occupancies in new and existing facilities, unless otherwise noted.
3. NFPA Life Safety Code
  
  NFPA 101 is considered the primary code for use on all HHS design and construction projects and in the maintenance and operation of existing HHS facilities. In cases where compliance with a provision that prohibits compliance with any other code or standard, shall take precedence, unless otherwise approved by the AHJ.
4. New Construction
  1. New buildings shall be designed and constructed to comply with the most current edition of NFPA 101 for the occupancies described in paragraph Multiple Occupancies in Section 2.20.30.
  2. Buildings are required to remain in compliance, with the edition of NFPA 101 to which they were originally designed and constructed throughout their life except as noted below.
5. Existing Buildings
  1. Existing buildings must be reassessed on a regular and timely schedule, as determined by each building owner, against the existing occupancy chapters of NFPA 101 and other regressive codes for the occupancy classification they were originally designed to meet.
    1. If more restrictive life safety requirements are identified during a reassessment, buildings must be modified to be brought into compliance, or a request for equivalency, waiver, or variance submitted to the AHJ.
    2. If a reassessment identifies existing life safety features that are no longer required for new construction or associated with a previously approved, currently applicable equivalency, variance, or waiver, they may either be maintained or removed. Existing life safety features obvious to the public that are no longer required for new construction must be maintained or removed.
  2. If the use or function of a building or portion of a building has changed since first constructed, the building must be modified in accordance with the Change of Use or Change of Occupancy Classification provisions of NFPA 101 Chapter 43 – Building Rehabilitation.
  3. Major and Minor Renovations of HHS facilities shall be conducted in accordance with NFPA 101 Chapter 43 – Building Rehabilitation.
6. International Building Code. The International Building Code (IBC) as published by the International Code Council (ICC) shall be used as the model building code to determine aspects of design and construction not specifically addressed by NFPA 101. Other model building codes may be considered on a project-by-project basis.
7. Life Safety Provisions. Per Paragraph 2.30.20.1)b)i) NFPA 101 takes precedence over other codes and standards. As such, the following IBC Chapters will not generally apply to HHS facilities, unless necessary to meet another applicable provision within the IBC:
  1. Chapter 7. Fire and Smoke Protection Features
  2. Chapter 9. Fire Protection Systems
  3. Chapter 10. Means of Egress
Reference Codes and Standards
1. Nationally Recognized Organizations. The following are nationally recognized organizations and/or government agencies that publish codes, standards, regulations and/or guidelines that include minimum requirements to be implemented with the new construction and renovation, and the operation and maintenance management programs of HHS' real property program. HHS adopts new editions of Codes and Standards upon their publication.
  1. National Fire Protection Association (NFPA). NFPA publishes the National Fire Codes (NFC). The most prominent of these Codes is the NFPA 101 Life Safety Code.
  2. Facility Guidelines Institute (FGI). FGI publishes guidelines for design and construction of Hospitals, Outpatient Facilities, and Residential Health, Care, and Support Facilities.
  3. International Code Council (ICC). ICC publishes a variety of Model Building Codes. The most prominent of these Codes are the International Building Code and the International Residential Code.
  4. Accreditation Organizations. IHS facilities can receive accreditation from several accreditation organizations including The Joint Commission (TJC), Accreditation Association for Ambulatory Healthcare (AAAHC), and the Centers for Medicare and Medicaid (CMS) Accreditation.
  5. United States Access Board. The Access Board is a federal agency that develops and maintains design criteria for the built environment to ensure compliance with federal accessibility standards.
  6. Council on Environmental Quality (CEQ) Office of Federal Sustainability (OFS). CEQ/OFS issues regulations, guidance, and directives for the implementation of Sustainable Design Principles in federal facilities.
  7. American National Standards Institute (ANSI). ANSI is a private, non-profit organization that administers and coordinates the development of standards related to building design and construction as well as other industries.
  8. National Board Inspection Code (NBIC) for Boiler and Pressure Vessels. NBIC provides standards for the installation, inspection, and repair and/or alteration of boilers, pressure vessels, and pressure relief devices.
  9. The National Board of Boiler and Pressure Vessel Inspectors (NBBI). NBBI oversees adherence to laws, rules, and regulations relating to boilers and pressure vessels.
  10. American Society of Mechanical Engineers (ASME). ASME is a private, non-profit organizations that develops standards associated with mechanical engineering.
  11. National Institute for Occupational Safety and Health (NIOSH). NIOSH is a research agency focused on the study of worker safety and health and is part of the U.S. Centers for Disease Control and Prevention (CDC).
  12. United States Department of Energy (DOE). DOE provides best practices and guidelines for reducing energy consumption within various types of facilities
  13. Centers for Disease Control and Prevention (CDC). CDC provides standards for infection control in hospitals.
  14. NSF International. NSF International produces standards related to water quality and Class II Laminar Flow Biohazard Cabinetry.
  15. American Hospital Association (AHA). AHA provides certification to recognize mastery of well-defined bodies of knowledge in health care management disciplines. Lists of health care certifications as it relates to facility construction, operation, and management can be found in AHA Certification Center.
  16. American Society for Heating/Refrigeration/Air Conditioning Engineers (ASHRAE). ASHRAE provides standards and guidelines as it relates to building systems, energy efficiency, indoor air quality, refrigeration, and sustainability as it relates to the as-built environment.
  17. Sheet Metal/Air Conditioning Contractors National Association (SMACNA). SMACNA is an international trade association focused on promoting quality and excellence in sheet metal and air conditioning industry.
  18. United States Environmental Protection Agency (EPA). EPA develops laws and regulations to protect the environment from pollution sources.
  19. National Council on Radiation Protection and Measurements (NCRP). NCRP provides guidance and recommendations on radiation protection and measurements, which represents the consensus of leading scientific thinking.
  20. United States Pharmacopeial (USP) Convention. USP provides guidance and recommendations to protect patient safety and strengthen the global supply of quality medicines.
  21. Occupational Safety and Health Administration (OSHA). OSHA ensures safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education, and assistance.
  22. National Association of Elevator Safety Authorities (NAESA). NAESA promotes current codes and standards, teach and educate stakeholders, certify inspectors, and assist the populace in enhancing elevator safety and understanding new elevator technology.
  23. Building Officials and Code Administrators International Incorporated (BOCA). BOCA establishes Buildings Codes, which are regulations that govern the design and construction of buildings.
  24. Interagency Committee on Seismic Safety in Construction (ICSSC). See GSA FMR §102-80.45. ICSSC provides recommended practices for evaluating and mitigating seismic risks posed by Federally owned and leased buildings in an agency building inventory.
2. Multiple Occupancies
  
  Multiple Occupancies in accordance with NFPA 101 are permitted.

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