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Basic Property Management-GovernmentPart I
Meeting the needs of all our “customers” while implementing effective processes…..Two of the biggest challenges for us today!
Presented by: Skip Adolph CPPM, CF and Andrew C. Anderson CPPM, CF
ForNational Education Seminar, Las Vegas, 2011In collaboration with Richard Coatney, CPPM
A very quick version of Property Management
Demands detail Requires constant self improvement You need to know the environment
you are working in Must have an understanding of the
various regulations
A few things you’re gonna have to understand!
Your Business Environment What is your “core” product? What is the variety of contracts?
Your Company Policies What are your Policies on PM? Do they comply with FAR or other requirements? What are your Policies on Contracting?
Your PM Business Rules How do your processes comply to Policy? How do your processes comply with regulatory
requirements?
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Words to Consider
Accountability-answerable -Two types of contractual accountability -Financial -Logistical Fiduciary-third party “financial” relationship -Taxpayer, USG and User Materiality-having real importance -Criticality of the asset or individual piece of
property based on a number of issues: cost, security, hazardous or risk, etc.
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Benefits Gained from an Effective System
Provides an effective management tool
Maximizes return on investment Ensures effective stewardship Enables compliance Increases reutilization Increased cooperation &
collaboration
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Compliance (from the previous slide) means…
Merriam-Webster tells us it means conformity to official requirement
In essence it is understood to satisfy the requirements of a sponsor or regulation
It can also mean satisfactorily following organizational policies, procedures and operational guidelines
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The Compliance “Umbrella” (Just a bit of that detail stuff ya’ gotta worry about)
Office of Management & Budget (OMB) Circulars Federal Property Management Regulations (FPMR) Federal Management Regulations (FMR) Governmental Accounting Standards Board (GASB) Federal Acquisition Regulations (FAR) Agency-Specific Supplements (DFARS), (DEARS), etc. Federal law such as SEC, Sarbanes-Oxley, etc. State and local government laws, regulations, policies
and procedures Foreign governments’ and private industries’
requirements The various “green” property management initiatives And those words in the contract!!
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The Legal and Statutory Basis for Property Management
The property organization must be familiar with the source and authority of all property management laws, rules, and regulations
Federal Property Policies and Regulations United States Constitution Statutory Law Relating to Property
Management Regulations, Executive Orders, OMB Circulars
and Standards Agency property management regulations
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The Constitution
Article IV, Section 3, paragraph 2 reads, Empowered Congress to dispose of property
and to make needed rules and regulations regarding property belonging to the United States
In 1815 Congress enacted the first legislation for the disposal of surplus naval stores remaining from the War of 1812
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Where it all Begins
Code of Federal Regulations (CFR)
Title 41, Chapter 101 Federal Property Management Regulations
(FPMR)
Title 48 Federal Acquisition Regulations (FAR)
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Federal Property Management Regulation (FPMR)
Created by Federal Property and Administrative Services Act of 1949
63 Statute 378: P.L. 152 aka “The Act” Started today’s world of
Accountability
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Federal Acquisition Regulation (FAR)
Public Law 93-400 Office of Federal Procurement Policy (OFPP) Act of
1974
Amended by Public Law 96-83 and OFPP Letter dated August 19, 1985
Our roots are found in LAW!!!
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What is a contract?
A contract is “An agreement between two or more parties, creating obligations to do or not to do something, that are enforceable or otherwise recognizable at law…”
Black’s Law Dictionary, eight edition, 2004
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The Composition of a Contract
1. The Schedule2. Contract Clauses3. Lists of documents,
exhibits and other attachments
4. Representations and instructions
What makes up a Contract? FAR 15.204-1 Uniform Contract Format
says there must be four parts…
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FAR’s Guiding Principles FAR 1.102: Statement of Guiding Principles for the
Federal Acquisition System:
Deliver on a timely basis the best valued product or service to the customer, while maintaining the public’s trust.
Philosophy for Reg. Writing: Avoid imposing requirements unless law demands Assume contractors are honest and wish to be
capable and efficient Do not impose non-value added steps to the process Write user-friendly regs. in plain language
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Subpart 45.107
Introduces the property clauses: 52.245-1 Government Property which will be
used on all Fixed Price, Cost Reimbursable, time and material and labor hour contracts.
52.245-2 Government Property (Installation Operations for Services) to be used when contracts are being performed on a government installation.
52.245-9 Use and Rental Charges
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Regulatory Requirements(Terms & Conditions)
Office of Management & Budget (OMB) Circulars A-21 (2 CFR 220)
Cost Principles for Educational Institutions A-110 (2 CFR 215)
Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations
A-133 Audits of Institutions of Higher Education & Other Non-Profit
Institutions
End of Part I
We wanna see you back here at 2:30 this afternoon for more enlightenment and fun-it’s Skip’s turn then!!!
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