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This briefing provides an overview of rent pricing and billing for federally-owned and leased spaces, including the pricing policy, principles, budgeting process, and components of the rent structure. It also covers occupancy agreements, space re-measurement policy, and the rent bill review and appeal process.
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Rent Pricing and Billing Briefing for the
Agenda • Background • Foundation • PBS Pricing Policy • Rent Pricing Principles • Rent Budgeting • Rent Pricing Overview • Components of Rent Structure • Federally-owned space • Leased space • Return On Investment (ROI) PricingI • Occupancy Agreements • Space Re-measurement Policy • Clarifications and Guidance • Checks / Balances / Standards • Rent Bill Review • Rent Appeal Process
Foundation • Section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. § 586) • GSA Administrator is authorized and directed to charge anyone furnished space and services at rates that approximate commercial charges for comparable space and services • GSA Federal Buildings Fund (FBF) • Public Building Amendments of 1972 (Public Law 92-313, 40U.S.C. 592, as codified by Public Law 107-217) • The EconomyAct of 1932 as amended (31 U.S.C. § 1535) • mandates all federal agencies to be fully reimbursed by their customer agency for the overhead and administrative expenses tied to services they provide to other agencies
PBS Pricing Policy • Federal Management Regulation (FMR) (41 C.F.R. § 102-85) • Approved by OMB; interim rule May 8, 2001 • Pricing Policy for Occupancy in GSA Space • “Rent for Federally owned space….is based on market appraisals of fully serviced rental values” • “In cases where market appraisals are not practical…., GSA may establish Rent on the basis of alternative market practices”
Rent Pricing Principles • Promotes rational economic decision-making and resource allocation • Promotes stability and predictability for budget planning • Promotes best value with market equivalent rent • Promotes transparency by breaking rent bill into commercial components
Rent Budgeting • PBS Rent Estimate Process • Projection of rent and other charges for GSA-managed properties approximately two fiscal years from the budget fiscal year • Who are the users of the information? • Our Customers: A starting point for their space budget requests • OMB: Reviews and approves the rent estimate as prescribed by law, uses it to judge agencies space budget requests • PBS: Revenue forecast begins with the Rent Estimate • Congress: Directs that funds be spent on projects based on forecasts
Components of Rent Structure • Shell Rent • Operating Rent • Tenant Improvement Amortization Charge • General & Custom • Security Charge • Parking and Other Charges
Building Shell Includes: • The structure, base building systems, finishes in common areas • Suspended acoustical tile ceiling with parabolic fluorescent lighting (open office layout) • Concrete floor • Wall board on exterior perimeter walls & interior core walls
Building Shell Suspended ceiling w/fluorescent light fixtures HVAC distribution for general office space Level Concrete Floor Electrical service to floor for general office space Primed gypsum wall board on exterior perimeter walls & core elements
Tenant Improvement Allowance • Tenant improvements take space from shell to finished condition • TI Allowance is comprised of a general and customization component
Tenant Improvement Allowance General Allowance: • Takes space from shell to “vanilla” office condition • Covers cost of “typical” office finishes like doors, partitioning, carpeting, electric & telephone outlets • Set nationally, adjusted annually, and indexed to local construction costs. • Currently $31.92 per USF (Washington, DC)
Tenant Improvement Allowance Customization Allowance: • 10% to 60% of General Allowance, based on customer agency’s Tier (Tier 1-6) • Space tailored to individual customer needs • Includes special buildout such as cabinetry, HVAC over building standard, Courtrooms, Labs, private toilets, etc.
Tenant Improvement Allowance • What can be included/not included in the TIA? • Can be used for any build-out expense • Per Clarification #9, cannot be used to purchase nor move personal property such as: • Artwork and Furniture • Telephones and Personal Computers • Telephone and/or computer wiring and cabling may be funded within the Tenant Improvement Allowance (TIA) • ISC countermeasures are neither general nor customization • They are capital improvements • Soft costs (design, M&I) and hard costs (labor and materials) can be applied against the TIA • Initial occupancies - Services like space planning, and construction management (CM) are provided as part of the PBS fee in leased space and as part of the shell rent in owned space
Security • GSA • Included on PBS Rent Bill • Building Specific Amortized Capital Improvements • Real Property Security Fixtures & Features, including Blast Mitigation, Window Glazing, Progressive Collapse, Bollards, Building Access Control Systems, etc. • DHS • Included on DHS Bill • Basic and Building Specific Operating charge • Security Equipment, Contract Guards
Pricing in Government-Owned Space • Term of Occupancy • Base (Shell) Rent derived from Appraisal • Operating Expenses from Appraisal • Tenant Improvement Allowances • Security Charges • Joint Use Charges
Components for Federally Owned Space Shell Rent + Amortization of General Tenant Improvement Used + Operating Costs = Market Rent + Amortization of Customized Tenant Improvement Used + Security Services +/- Adjustments for Additional / Reduced Services + Parking + Other Charges = Agency Rent Subtotal + Joint Use (i.e. cafeteria in multi-tenant building) + Antenna = Total GSA Rent Billed to Agency
Pricing in Leased Space • Pass through of Lease Contract Costs • Occupancy Term • Operating Expenses • Tenant Improvement Allowances • GSA Fee • 8% • 6%, Non-Cancelable • Security Charges
Components for Leased Space Shell Rent + Amortization of General Tenant Improvement Used + Operating Costs + Real Estate Taxes = Market Rent + Amortization of Customized Tenant Improvement Used + Security Services +/- Adjustments for Additional / Reduced Services + Parking + Other Charges + GSA Fee (8%) = Agency Rent Subtotal + Joint Use = Total GSA Rent Billed to Agency
Return on Investment (ROI) Pricing • Applicability • Infeasible to appraise fair annual rental because few or no market comparables (Border Stations) • Appraisal generated rental rate does not provide a fair return on GSA’s capital investment. • Fewer than 10% of owned assets • Excluding border stations, approximately 2% of inventory. • Rent based on recovery of building cost, typically over 25 years
Occupancy Agreements (OA) • Captures mutual understanding between GSA and Customer • Terms of Occupancy • Occupancy Date • Financial Responsibilities • Unique Requirements • Major components • Description of Space and Services • Compendium of Clauses, including Agency Specific Clauses • Financial Summary • Signature Page
Space Measurement • Buildings Measured on ANSI/BOMA Standards • Rentable & Usable unit of measure • Rentable includes building support & common area • Usable = “desks & chairs” • National Policy & Tools • PBS Assignment Guide • Measurement Process Flows • CAFM Data Bases
Policy regarding changes in square footage • Policy is outlined in Section 2-4 (Pages 2-20 through 2-23) of the Pricing Desk Guide • Square footage cannot be changed without amending an OA to include the new square footage • Tenant Agency must be afforded time to budget for any rent increases • The increase must be included in Rent Estimate for the year the rent change becomes effective • This policy applies to both increases and decreases in rent arising from a re-measurement of space • Exception is correction of billing errors or omissions • Billing may start immediately for blocks of space occupied by an agency but have not been assigned to the agency by omission
Finalized Policy Clarifications • Issued in FY02 and FY03 • # 1 -Amending the OA – replaced by #19 • # 2 - STAR 7.0 Recurring RWA Feature • # 3 - Separation of Standard Clauses into Leased and Owned Sets • # 4 - Clarify Typical Tenant Improvements • # 5 - Security Charges for Parking • # 6 - Clarify Joint Use Charges • # 7 - Clarify Antenna Site Pricing – replaced by #14 • # 8 - Clarify 4% Project Management Fee • # 9 – Temporary “Office Hoteling” Leases
Finalized Policy Clarifications • Issued in FY04 and FY05 • # 10 - Substantial Completion / Rent Start – Standard OA Clause 2E • # 11 - Return on Investment (#11) – Section 7.2 • # 12 - Rent Appeals (#12) – Section 6.3 • # 13 - Application of the Tenant Improvement Allowances (#13) – Section 2.3.3 & 2.3.5 • # 14 - Antenna Site Pricing (#14) – Section 7.5 • # 15 - Operating Costs & Extra Services (#15) – Section 3.2.3 & 3.2.7 • # 16 - Deletion of Pricing Desk Guide Companion Document – CD 1-36 • # 17 – Rent Concessions – Section 3.2.1 • # 18 – House of Representative Pricing – Section 7.4
Clarification #19 – Supplementing an OA • Changes Requiring an Agency Signature • An agency expands or reduces space at an existing location • Real Estate Services are added or deleted • PBS agrees to fund additional tenant improvements that are then amortized over the remaining or an extended OA term • When it is discovered an agency is occupying space not covered by an OA (Typically identified during re-measurements or other general building review) • PBS or the tenant agency wishes to revise OA terms • Condition: Both most agree to the revised term
Clarification #19 – Supplementing an OA • Changes Not Requiring an Agency Signature • Five Year shell rate re-adjustment to market in owned space • Joint use amenity is added to or removed from the building • PBS undertakes new capital expenditures for new or enhanced security features or features approved by the Building Security Committee • Parking spaces are added to or subtracted from an assignment • Antennae are added to or subtracted from an assignment • Five year adjustment for Return on Investment (ROI) shell rate to recover new capitalized shell improvements funded by PBS • Border Stations are excluded
Clarification #19 – Supplementing an OA • Changes where an OA is not required to be issued • Annual Adjustments to: • Operating Expenses • Real Estate Taxes • Parking • Antennas • Building Specific Amortized Capital Security • maintenance and replacement of fixtures and features as well as termination of amortization schedules • Joint Use
Clarification #20 – Basement Storage • Has been rescinded • Will be reissued to include a definition of what qualifies as basement storage • Space that meets this definition will be priced at a reduced rate retroactive to the beginning of FY06 for existing assignments • Expected to be reissued by the end of FY06
Operational Guidance for Clarification #15 • Issued November 28, 2005 • Defines the intent of Clarification #15 • The operation, maintenance and additional utility costs for agency program equipment is a reimbursable expense for all hours of operation • Examples: Liebert (Air Handler) Unit, Uninterruptible Power Supply (UPS), Power Distribution Module (PDM) • Additional HVAC provided at the request of a tenant beyond a standard 10 hour day is a reimbursable cost • The standard hours of operation in leased space are whatever is standard in that leased location • Example: If lessor typically provides 12 hours of HVAC, then no additional reimbursement will be sought for the additional 2 hours of operation
Checks/Balances/Standards • Data Accuracy Review • Rent Pricing Review • Rent Appraisal Quality Control • Appraisals prepared by State Certified Appraisers • Spatial Data Management • Measure space according to BOMA benchmark standards • Market Gap Analysis • Compare rental rates to market
Rent Pricing Review • National review of rent bills and OA’s to ensure accuracy and consistency • Began in May 2006 • Focus is to two-fold • Correcting bills with financial inaccuracies • Sending final updated corrected OA to our customers • Only corrections with a net decrease or zero impact to your rent will be processed immediately • A one-time billing credit for any refunds due to you for the current fiscal year will appear on your bill
Rent Pricing Review • You will not be billed for errors that resulted in under-billing • We will discuss with you how to facilitate a resolution • New OA’s will be sent for each affected CBR • Signatures will not be required • Consolidated package of OA’s sent to DOI contact monthly • OA will include an explanatory ad hoc clause entitled “GSA Rent Review” • Clause will include effective date and detailed calculations • OA will be accompanied by an explanation letter
Checks & Balances • Rent Appeal Process • Informal Appeal • Agency requests basis of Rent charge for specific assignment • Agency review with appraiser first • You may request a copy of appraisal minus proprietary information • Formal Appeal • Three Levels of Appeal • Regional Administrator • PBS Commissioner • GSA Administrator
Further Information • Pricing Desk Guide Online: • http://www.gsa.gov/rentpricingpolicy • Pricing Policy Clarifications: • Click link for Pricing Policy Library • Rent on the Web • http://www.gsa.gov/rentontheweb
For pricing policy questions you may contact: David Baker Space Pricing Specialist Office of Real Property Asset Management Public Buildings Service U.S. General Services Administration 212-264-2025 (office) 202-595-4648 (cell)