15 FAM 330 LEASE PROCEDURES

Start Date: Wednesday, September 25, 2019

Last Modified: Saturday, May 2, 2020

End Date: Friday, December 31, 9999

UNCLASSIFIED (U)

15 FAM 330

LEASE PROCEDURES

(CT:OBO-38; 12-11-2013)
(Office of Origin: OBO)

15 FAM 331 Operating Leases (OL)

(CT:OBO-38; 12-11-2013)

a. Posts must refer to 15 FAM 300 exhibits for lease contracting procedures.

b. USAID contracting officers must follow the standard contracting procedures outlined in Automated Directives System (ADS) 535 and 15 FAM 300 found on the USAID website.

15 FAM 332 Capital Leases (CL)

(CT:OBO-38; 12-11-2013)

a. OBO considers a CL as the functional equivalent of a purchase of real property. All of the rent is budgeted up front instead of annually over the life of the lease. Such leases may be appropriate and desirable under one or more of the following conditions:

(1) When the post would normally buy such a property, but the fee simple title (full rights of ownership and transfer in perpetuity) is unobtainable by reason of legal or regulatory prohibitions of the host or municipal government; or

(2) When the advance payment of the lease cost is considered to be reasonable in view of the expected length of occupancy and the U.S. Government intends to make a substantial investment in major alterations to the building, its systems or structural elements, or add new space to the building, or reconfigure the property to meet its needs.

b. OBO and post need to perform the same due diligence on a property made the subject of a capital lease as they would for a property to be purchased.

c. Normally, it is in the U.S. Governments interest to own or execute a capital lease for chanceries, residences for ambassadors and deputy chiefs of mission, and Marine guard residences because of the expected lengthy occupation and significant modifications required.

d. Real property capital leases funded with Department of State appropriations are managed and tracked in accordance with 4 FAM 737.5-1, Capital Leases.

15 fam 333 through 339 unassigned

UNCLASSIFIED (U)

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