15 FAM 100
OVERSEAS BUILDINGS OPERATIONS (OBO) REAL PROPERTY MANAGEMENT
15 FAM 110
General Authorities and responsibilities
(CT:OBO-105; 01-14-2021)
(Office of Origin: OBO)
15 FAM 111 SCOPE
(CT:OBO-33; 10-11-2013)
Volume 15 of the Foreign Affairs Manual (15 FAM) covers the acquisition, design, construction, furnishing, management, maintenance, disposal, and reporting of real property abroad for the Department of State and all foreign affairs agencies represented at posts. Questions or comments on the procedures in this chapter may be directed to the Office of Area Management, Directorate for Operations, Bureau of Overseas Buildings Operations (OBO/OPS/AM) or for U.S. Agency for International Development (USAID) purposes, to the Overseas Management Division, Office of Management Services, Bureau for Management, USAID/Washington (USAID/W - M/MS/OMD). See 15 FAM Exhibit 111, Additional References. See 12 FAM 300 for policies related to the physical security of facilities abroad.
15 FAM 112 AUTHORITIES
15 FAM 112.1 General
(CT:OBO-105; 01-14-2021)
Statutory authority for the regulations prescribed in 15 FAM is found in the following:
(1) 5 U.S.C. 5912;
(2) 22 U.S.C. 291;
(3) The Foreign Service Buildings Act of 1926, as amended;
(4) Section 636 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2396);
(5) Section 804 (10)(11)(12) of the United States Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1474);
(6) Sections 401 and 402 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (22 U.S.C. 4851 and 22 U.S.C. 4852);
(7) Section 13 of the State Department Basic Authorities Act, as amended; and
(8) 31 U.S.C. 1348(a).
15 FAM 112.2 Department of State Authorities
(CT:OBO-58; 03-10-2017)
The Foreign Service Buildings Act of 1926, as amended, authorizes the Secretary of State to acquire by purchase, construction, exchange, or lease, sites and buildings in foreign cities for use by the diplomatic and consular establishments of the United States; to maintain, repair, improve, and preserve these properties; to dispose of properties; to obtain architectural and other expert technical services; and to accept gifts of property and services for purposes of the Act. The Act also authorizes the Secretary of State to provide residential and office space and necessary related facilities to other agencies abroad whose employees are under the authority of the chief of mission (COM). 1 FAM 280 grants this authority to the Bureau of Overseas Buildings Operations (OBO), which acts as the single real property manager (SRPM) for nonmilitary U.S. Government real property abroad. There are certain exceptions for the U.S. Agency for International Development (USAID) that are addressed in later sections throughout 15 FAM.
15 FAM 112.3 U.S. Agency for International Development (USAID) Authorities and Responsibilities
(CT:OBO-25; 02-03-2012)
Under 22 U.S.C. 2396(c), the U.S. Agency for International Development (USAID) is authorized to purchase and hold title to real property in support of its mission abroad. USAID is responsible for managing such properties in accordance with 15 FAM. In cases where USAID is not consolidated, USAID will independently manage a housing program in compliance with the post interagency housing board (IAHB) policy guidelines, and will establish a separate housing profile following the policy and criteria in 15 FAM 200.
15 FAM 112.4 Bureau of Overseas Buildings Operations (OBO)
15 FAM 112.4-1 Organization
(CT:OBO-77; 11-16-2018)
a. The Bureau of Overseas Buildings Operations (OBO), managed by the Director of Overseas Buildings Operations, has two deputies:
(1) A Principal Deputy Director (OBO/PDD), who supervises the Managing Director for Operations (OBO/OPS), the Managing Director for Planning and Real Estate (OBO/PRE); the Managing Director for Program Development, Coordination, and Support (OBO/PDCS); the Managing Director for Construction, Facility, and Security Management (OBO/CFSM); and the Deputy Director for Resource Management; and
(2) A Deputy Director for Resource Management (OBO/RM).
b. See 1 FAM 280 for detailed responsibilities.
15 FAM 112.4-2 Professional, Technical, and Legal Services
(CT:OBO-33; 10-11-2013)
a. OBO is authorized to employ “architectural and other expert technical services as may be necessary” to carry out its programs under the Foreign Service Buildings Act (22 U.S.C. 296). This authority extends to legal services with the Office of the Legal Adviser (L) concurrence, for such out-of-court activities as legal opinions on matters related to OBO contracts, title transfer services, and other legal matters related to activities under the Foreign Service Buildings Act.
b. If an attorney must represent the U.S. Government in a foreign court action, the Department of Justice (DOJ) must authorize, supervise, and pay litigation costs. Posts seeking authorization to retain an attorney abroad for litigation or other legal services should follow the procedures contained in 2 FAM 283.
15 FAM 113 RESPONSIBILITIES
15 FAM 113.1 Department of State
(CT:OBO-58; 03-10-2017)
As the single real property manager (SRPM) for nonmilitary U.S. Government-held real property abroad, the Department of State, through its Bureau of Overseas Buildings Operations (OBO), is responsible for establishing, implementing, and overseeing all policies and procedures governing the real property program as provided in the Foreign Service Buildings Act of 1926, as amended. This applies to all land, office, and residential properties, including residential properties acquired under the Living Quarters Allowance (LQA) Program (Standardized Regulations, Chapter 100) or (for U.S. military personnel under chief-of-mission (COM) authority) the Overseas Housing Allowance Program (OHA), and other nonresidential properties owned or leased in the name of the U.S. Government. Where USAID independently manages its USAID housing program under its independent authorities (see 15 FAM 112.3), 15 FAM 113.1, 15 FAM 113.2, and 15 FAM 113.3 do not apply.
15 FAM 113.2 Chief of Mission/Principal Officer (COM/PO)
(CT:OBO-96; 12-20-2019)
a. The chief of mission/principal officer (COM/PO) is responsible for implementing policies and procedures related to the real property program. The Department assumes the COM/PO will delegate daily responsibilities to the senior management officer at post who is the designated single real property manager (SRPM). Without any written delegation of authority to the contrary, the senior management officer assumes such authority and responsibility.
b. The COM addresses several elements of the real property program in the annual Chief of Mission Statement of Assurance on Management Controls, including housing program management, residential and motor vehicle safety, real property application (RPA) data accuracy, building-code compliance requirements, facility condition surveys, annual inspection reports, and inventories.
c. The chief of mission (COM) and/or the deputy chief of mission (DCM) have the authority to make an informed decision to lease a property notwithstanding the fact that it does not meet the fire and life standards for high-rise properties as outlined in 15 FAM 813.7. Post must coordinate its decision with OBO’s Fire Protection Analysis Division (OBO/OPS/FIRE/FPA), which will provide post with unit or property-specific mitigation measures and assistance in appropriate documentation of the lease file.
15 FAM 113.3 Single Real Property Manager (SRPM)
15 FAM 113.3-1 General
(CT:OBO-33; 10-11-2013)
The single real property manager (SRPM) is the post authority on all real property program issues and the liaison with OBO on all real property management matters. At missions with constituent posts, the SRPM will coordinate activities of constituent post SRPMs. Where determined by the chief of mission (COM), the SRPM is responsible for promoting uniform countrywide housing policies and practices among constituent posts.
15 FAM 113.3-2 Single Real Property Manager (SRPM) Responsibilities
(CT:OBO-105; 01-14-2021)
Single real property manager (SRPM) responsibilities include, but are not limited to, the following:
(1) Implementing all policies, procedures, and regulations pertaining to the real property program;
(2) Serving as nonvoting, ex-officio member of the post interagency housing board (IAHB);
(3) Using general services office (GSO) and staff expertise to advise the post IAHB on the appropriate implementation and management of the post housing program;
(4) Advising the chief of mission/principal officer (COM/PO) on the allocation and use of U.S. Government-held property and the IAHB on housing issues;
(5) Preparing the annual SRPM certification to the COM that all housing acquired and/or assigned during the fiscal year complied with all regulations, procedures, and policies, with any exceptions and explanations noted;
(6) Advising the COM/PO on any issues or problems that could affect the annual certification;
(7) Preparing, with post IAHB assistance, a post housing guide, in accordance with relevant policies, procedures, and regulations, for use by officially assigned employees and eligible family members;
(8) Ensuring that U.S. Government-held real property is safe for use and occupancy; maintained in good condition; and in a cost-effective manner within the post’s funding limitations;
(9) Ensuring that U.S. Government-held residential quarters are left in good condition by departing occupants and that the employee properly accounts for damages and loss;
(10) Ensuring that all agencies at post are charged for operating lease (OL) property costs in a fair and uniform manner through direct charge;
(11) Ensuring that all funds provided to support the real property program are properly spent and accounted for;
(12) Certifying that all real property records are current and accurate. All real property actions must be updated as actions occur in the Department’s centralized real property application (RPA) database for all agencies at post including USAID. In addition, ensuring USAID has the ability to review, confirm, and certify their RPA data records to the Overseas Management Division, Office of Management Services, Bureau for Management, USAID/Washington (USAID/W - M/MS/OMD);
(13) Ensuring that the post semi-annual lease budget request submitted via RPA is completed in an accurate and timely manner;
(14) Validating the accuracy of all RPA user accounts at post and certifying the review; and
(15) Collaborating with the post facility manager in completing and submitting the annual Facility Management Benchmark Survey.
15 fam 114 through 119 unassigned
15 FAM Exhibit 111
Additional References
(CT:OBO-105; 01-14-2021)
The following additional references are available from the Bureau of Overseas Buildings Operations (OBO). For further information, contact the designated OBO directorate and office, or the Office of Area Management, in the Directorate for Operations, in the Bureau of Overseas Buildings Operations (OBO/OPS/AM).
|
Building Code of Overseas Buildings Operations (comprising the International Code Council model codes + OBO’s International Code Supplement) |
(OBO/PDCS/DE) |
|
Facility Maintenance Guide |
(OBO/CFSM/FAC) |
|
Fire Protection Guide |
(OBO/OPS/FIRE) |
|
Guidelines for the Art in Embassies Program |
(OBO/OPS/ART) |
|
Housing Questions and Answers (Qs and As) |
(OBO/PRE/RPL/PM) |
|
Integrated Pest Management Program |
(OBO/OPS/SHEM) |
|
Lease Budgeting Questions and Answers (Qs and As) and Rental Benchmarks |
(OBO/PRE/RPL/PM) |
|
Motor Vehicle Safety Management Program |
(OBO/OPS/SHEM) |
|
Project Director’s Guide |
(OBO/CFSM/CM) |
|
Project Manager’s Handbook |
(OBO/PDCS/PDC) |
|
Real Property Application User Manual |
(OBO/PRE/OSP/KM) |
|
Representational Supply Program Procedures and Inventory Reporting Guide |
(OBO/OPS/RDF) |
|
Residential Safety, Health, and Fire Prevention Awareness Checklist |
(OBO/OPS/SHEM) |
|
Security Equipment Responsibilities Matrix |
(OBO/CFSM/SM, OBO/CFSM/FAC, and DS/ST/STO) |
|
Special Projects Coordination Guidebook |
(OBO/PDCS/SPC) |
|
Swimming Pool Safety Standard |
(OBO/OPS/SHEM) |
|
Swimming Pool Guide |
(OBO/CFSM/FAC) |