Federal Government Real Estate Leasing

The go-to resource on federal government leasing for both new and experienced practitioners, this practical guide sets out the rules of the road for real estate attorneys as well as government contracting officers and leasing specialists.
Publisher: Matthew Bender

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2020 Edition
ISBN: 9781663307538
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Federal Government Real Estate Leasing is the practical guide you need for federal government real estate lease formation and performance. Whether you are already experienced in federal government leasing or you are a commercial real estate landlord looking to break into the government space, this guide will provide you with the most important rules of the road, as well as practical pointers in navigating the oftentimes confusing world of federal leasing.

  • Federal Government Real Estate Leasing includes analysis of recent developments on government lease administration, new rules and templates, and discussions of some of the more important U.S. Court of Federal Claims decisions addressing federal leasing
  • government leasing policy, the rules of the road for contracting with the federal government, and lease elements
  • common lease administration issues
  • federal leasebacks


The federal government is the largest single lessee of space in the United States and federal government tenants are backed by the full faith and credit of the U.S. government. But leasing to the federal government is not without its risks and complications. Federal government leases are government contracts, and the federal government attaches a number of requirements and conditions through the contracting process. Commercial landlords may be unfamiliar with a number of these government-specific requirements. Similarly, the government has its own processes for awarding leases, resolving disputes during the term of the lease and addressing the sale of an asset with a government lease that will likely be foreign to commercial real estate practitioners.

Austerity measures adopted by the government in an attempt to rein in costs have led to a smaller universe of government leases. This, in turn, has led to increased competition for a piece of the shrinking government leasing business. In this atmosphere of increased competition, contracting officers have become more sophisticated and discerning in their procurement decisions. How, then, should landlords approach government leasing in this environment of heightened scrutiny and competition?

This guide is a primer for those new to government leasing, as well as a resource for more experienced federal real estate practitioners, government contracting officers, and leasing specialists.

Federal Government Real Estate Leasing is written by experts in the field Robert C. MacKichan Jr. , a partner in Holland & Knight's Washington, D.C., office and the leader of the firm's GSA Leasing and Federal Real Estate Team, and Gordon N. Griffin, an attorney also at Holland & Knight's Washington, D.C., office, who advises federal real estate clients on U.S. government procurement practices and lease disputes under the Contract Disputes Act.

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Authors / Contributors

Table of Contents

Dedication

About the Authors

Abbreviations

Introduction


CHAPTER 1, Government's Authority to Lease

§ 1.01 Acquiring a Leasehold Interest in Real Property

CHAPTER 2, Government Leasing Policy

§ 2.01 The Competitive Requirement

§ 2.02 Government Contractor Status

§ 2.03 Contractor Reporting Requirements

§ 2.04 Government Brokerage Services

CHAPTER 3, Acquiring Leasehold Interests in Real Estate

§ 3.01 Defining Agency Requirements

§ 3.02 Defining & Limiting the Scope of Competition

§ 3.03 Issuance of the Solicitation (Request for Lease Proposals)

§ 3.04 The Competitive Process

§ 3.05 Challenging Terms of Solicitations, Exclusion from Competition & Unsuccessful Offers

CHAPTER 4, The General Services Administration (GSA) Lease

§ 4.01 Standard Government Lease vs. Private Sector

§ 4.02 Global Lease Provisions

§ 4.03 General Clauses

§ 4.04 Representations & Certifications

§ 4.05 Lessor's Cost Statement

CHAPTER 5. Federal Lease Administration

§ 5.01 Changes

§ 5.02 Change of Lessor

§ 5.03 Disputes

CHAPTER 6, Government Holdovers

§ 6.01 Introduction to the Government Holdover

§ 6.02 Government's Duty to Vacate

§ 6.03 Holdover Provisions

§ 6.04 Recovery or Fair Market Rental Value & Consequential Damages

§ 6.05 Condemnation

§ 6.06 Issues to Consider in the Event of a Holdover

CHAPTER 7, Enhanced Use Leases/Leasebacks

§ 7.01 Background

§ 7.02 Statutory Authority

§ 7.03 Common Issue—DOD Terminations for Convenience

CHAPTER 8. Alternative Approaches to Satisfy Government Space Requirements

§ 8.01 Alternative Approaches

§ 8.02 Outleasing & Historic Properties

§ 8.03 Specific Works

CHAPTER 9, Additional Government Leasing Forms and Documents

§ 9.01 Leasing Alert Providing Clarification Regarding The Use Of The Building Specific Amortized Capital (BSAC) In Government Leases.

§ 9.02 Detailed Security Standards of Levels I–IV

§ 9.03 Sample SNDA

§ 9.04 GSA's Leasing Desk Guide

§ 9.05 Form 3517

§ 9.06 Form 3518 Retired

§ 9.07 Form 3518

§ 9.08 GAO Bid Protest Regulations § 9.09 GAO Bid Protests—Descriptive Guide