15 FAM 420
PROFESSIONAL AND TECHNICAL SERVICES
(CT:OBO-91; 06-27-2019)
(Office of Origin: OBO)
15 FAM 421 general
(CT:OBO-91; 06-27-2019)
a. Posts may require real estate experts services when
preparing acquisition proposals and other real property acquisition
documentation. Posts must obtain approval from the Bureau of Overseas
Buildings Operations, Directorate for Planning
and Real Estate, Office of Acquisitions and Disposals (OBO/PRE/OAD) for Department of State properties,
or, in the case of U.S. Agency for International Development (USAID) properties, the Overseas Management
Division, Office of Management Services, Bureau for Management,
USAID/Washington (USAID/W-M/MS/OMD), before making commitments to architects or
other local experts and before incurring financial obligations. For OBO
acquisitions, the post contracting officer cannot sign a contract for
professional or technical services until OBO/PRE/OAD
approves the services and allots funds. For USAID, USAID/W-M/MS/OMD
must approve the services.
b. For purposes of this subchapter, experts include
real estate consultants, brokers, agents, and appraisers; architects,
engineers, surveyors, attorneys and notaries, and other persons with recognized
knowledge and expertise in real estate transactions and assessments.
15 FAM 422 POLICY TO VALUE REAL
PROPERTY FOR ACQUISITIONS
(CT:OBO-24; 01-26-2012)
Please refer to 15 FAM 413 for
policy guidance on how to value property for acquisitions.
15 FAM 423 SELECTION OF REAL ESTATE
EXPERTS
(CT:OBO-91; 06-27-2019)
In selecting real estate experts, posts must follow
competitive procedures in Federal Acquisition Regulation (FAR) Parts 5 and 6
(with the exceptions noted in 15 FAM 425) and
coordinate with OBO/PRE/OAD and the Office
of the Assistant Legal Adviser for Buildings and Acquisitions (L/BA) on the
selection process and requirements for services. Posts must ensure that the
experts have demonstrated expertise in their field, are duly licensed, have a
sound business reputation and knowledge of local laws and customs, and have no
related interest in the project at hand. Posts must submit their selection
recommendations, including fee quotes and all pertinent details to OBO/PRE/OAD for Department of State properties, or,
in the case of USAID properties, to USAID/W-M/MS/OMD for approval and funding
prior to awarding a contract.
15 FAM 424 SELECTION OF ARCHITECT,
ENGINEER, AND RELATED TECHNICAL SERVICES
(CT:OBO-91; 06-27-2019)
Selection procedures for these professionals are included
in FAR Part 36 (see definitions in FAR Part 36.102). Posts must coordinate
with OBO/PRE/OAD for Department of State properties,
or, in the case of USAID properties, USAID/W-M/MS/OMD, in the selection of
these professionals and obtain their prior approval and funding for such
services.
15 FAM 425 FEES FOR EXPERT SERVICES
(CT:OBO-24; 01-26-2012)
Fees for professional real estate services must be for a
fixed amount (e.g., an hourly rate for a set number of hours or a flat price
for a specifically defined task). Fees may not be based on a cost-plus
percentage, as this establishes a conflict of interest. The only exception to
this policy is the use of a percentage fee when utilizing the services of a
real estate agent/broker for the sale of U.S. Government-owned property. Fees
cannot be higher than those established by local law, custom, or authority.
See 15 FAM 426
for attorneys fees.
15 FAM 426 SELECTION AND PAYMENT OF
ATTORNEYS
(CT:OBO-91; 06-27-2019)
a. Posts must coordinate requests for real
estate-related attorney services with OBO/PRE/OAD
and L/BA for Department of State properties. In the case of USAID
properties, post must coordinate requests with USAID/W-M/MS/OMD. The
Department of State also requires prior funding. Posts should identify a local
attorney fluent in English and knowledgeable about real estate matters.
b. Requests to OBO/PRE/OAD
and L/BA for approval and funding must include the attorneys hourly fee
rate and an estimate of the number of hours needed for the task. The service
contract must include a cap on the number of hours allowed, to avoid violating
the Anti-Deficiency Act. Post must obtain an estimate of the number of hours
the attorney anticipates working on the task and request the entire amount of
funds from OBO/PRE/OAD in advance. If the
attorney approaches the dollar amount limit, the post must request authority to
amend the contract to increase the number of hours and must request sufficient
funds. Post must have the funds before tasking an attorney to perform
services. Post must also require the attorney to submit a monthly bill, no
matter how small, to avoid the situation of the attorney running up a large
bill without the post or OBOs knowledge, thereby putting the post and OBO at a
disadvantage in reviewing the legitimacy of the hours charged.
15 fam 427 through 429 unassigned