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B-201033 1 (1981-02-24)

handle is hein.gao/gaobabjdf0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Refer to: B- 2 0 10 33 February 24, 1981 Mr. Philip G. Read Director, Federal Procuremer, . Regulations Directorate ;;7 4TO4. Office of Acauisition Policy General Services Administration Dear Mr. Read: By letter dated October 7, 1980, you requested our comments on a proposed Federal Procurement Regulations vOjfeJ tR( ) Temoorary Regulation covering the leasing of space by executive agenciesJpursuant to a delegation of authority from your agency. Although the regulation recognizes that the leasing of space must be accomplished through formal advertising unless an exception to this requirement is applicable under 41 U.S.C. § 252(c) (1976), the regulation is other- wise oriented exclusively to the use of negotiation proce- dures. Since circumstances supporting the use of negotiated procedures may not always be present, we believe the regu- lation should be revised to provide guidance regardingthe use of formal advertising. In addition, the regulation contains conflicting pro- visions regarding the use of Standard Form 2-B, U.S. Gov ernnent Lease for Real Property (Short Form). Section 7(q) of the regulation provides that Standard Form 2-B shall be used for all leases having an annual rental of $2,000 or less while Standard Form 2, U.S. Government Lease for Real Property, and Standard Form 2-A, General Provisions, Certification and Instruction, U.S. Government Lease for Real Property, shall be used for all leases having an annual rental exceeding $2,000. On the other hand, Section 7(g) 3(ii) provides that when a written Solicitation For Offers (SFO) is not used, Standard Form 2-B shall be used. Since Section 7(g)(1) states that the use of a SFO is mandatory only for leases of over 5,000 square feet, the regulation contains conflicting requirements for leases of space under

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