15 FAM 680
FACILITY OPERATIONS, SUSTAINMENT, RESTORATION, AND MODERNIZATION supplemental STANDARDS
(CT:OBO-127; 04-21-2023)
(Office of origin: OBO)
15 FAM 681 OVERVIEW
(CT:OBO-127; 04-21-2023)
This subchapter provides additional policy guidance and supplemental information on Facility Operations related to Sustainment, Restoration, and Modernization (SRM) not specifically covered in the prior 15 FAM 600 subchapters.
15 FAM 682 SUSTAINMENT, RESTORATION, and modernization WITHIN OR ADJACENT to A CONTROLLED ACCESS AREA (CAA)
(CT:OBO-127; 04-21-2023)
15 FAM 682.1 Construction Security Plan (CSP)
(CT:OBO-127; 04-21-2023)
a. As defined in 12 FAM 360, projects occurring at a facility abroad that are intended for the storage of classified materials or to conduct classified activities require a project Construction Security Plan (CSP). The CSP ensures security integrity of repairs, improvements, or renovations involving a controlled access area (CAA) or adjacent areas:
(1) Proponents of such projects (the post, Department of State bureaus, or tenant agency) must provide project information, as set forth in 12 FAM 360, to the Office of Security Management, in the Directorate for Construction, Facility, and Security Management, in the Bureau of Overseas Buildings Operations (OBO/CFSM/SM) for CSP preparation; and
(2) OBO/CFSM/SM manages construction security safeguards to prevent physical and technical penetration.
b. The CSP must include annotations of the CAA maintenance log and consider:
(1) The secure and/or random procurement of necessary materials,
(2) Secure storage of materials, and
(3) The escort and surveillance of uncleared U.S. citizen or foreign national workers.
c. Once approved by the Regional Security Officer (RSO), post forwards the CSP to OBO/CFSM/SM and to the Physical Security Division in the Office of Physical Security Programs of the Bureau of Diplomatic Security (DS/C/PSP/PSD) or in the case of U.S. Agency for International Development (USAID) property, to USAID's Office of Security, as appropriate. Direct any questions regarding building security systems (e.g., structural, electrical, mechanical) to OBO/CFSM/SM for coordination within OBO and response to post prior to project initiation.
15 FAM 682.2 Emergency Repairs
(CT:OBO-127; 04-21-2023)
Emergency repairs may be made in a CAA or to a public access control (PAC) without prior Department of State notification in the event of an emergency that threatens national security activities or security information, life, or safety, including structural damage to a building. These repairs are limited to those necessary to remove the immediate danger. Further details and reporting requirements for these emergency repairs are in 12 FAM 360.
15 FAM 683 EMERGENCY ACTION COMMITTEE (EAC) AND EMERGENCY/DISASTER PREPAREDNESS
(CT:OBO-127; 04-21-2023)
15 FAM 683.1 Facility Manager's Role
(CT:OBO-127; 04-21-2023)
The Facility Manager (FM) is a permanent member of post’s Emergency Action Committee (EAC) and considered essential personnel at post. The FM works with the EAC to develop post’s Emergency Action Plan (EAP) and implement the plan in the event of an emergency, including but not limited to the deactivation of OBO systems and equipment.
15 FAM 683.2 Emergency Facility Assistance
(CT:OBO-127; 04-21-2023)
a. Post management must notify the Department’s Operations Center (S-ES/O) at +1-202-647-1512 of a building emergency. The Operations Center (S/ES-O) will then notify the OBO Duty Officer for all incidents affecting the structural integrity or life-safety factors of U.S. Government property.
b. The FM should also contact the OBO Regional Support Center (ORSC) and/or OBO's Office of Facility Management (OBO/CFSM/FAC), as appropriate, regarding immediate assistance in emergencies where buildings sustain damage from fires, earthquakes, civil unrest, etc. For USAID property, contact USAID's Overseas Management Division (USAID/W – M/MS/OMD).
15 FAM 684 Interagency MEMORANDa OF UNDERSTANDING (MOU)
(CT:OBO-127; 04-21-2023)
a. Before any construction, renovation, or upgrade work covered by an MOU is undertaken by a tenant agency, it must inform the chief of mission/principal officer (COM/PO) for concurrence and seek formal approval/s from OBO/CFSM.
b. Tenant agencies that are required or intend to alter Department of State-owned or leased buildings must use the prescribed tenant agency MOU (see Exhibit at 15 FAM 684) and follow the procedures outlined therein:
(1) Tenant agency MOUs apply to any work, or installation, that alters or affects the design, construction, functional use, and/or systems or structural components of a Department of State-managed building, and/or which impact life safety;
(2) Tenant agency MOUs ensure that all construction, renovation, or upgrade work planned for, or by, tenant agencies in Department of State-controlled buildings is made known to the post, approved by the OBO Director and, if necessary, certified or confirmed by the Bureau of Diplomatic Security (DS) before any work is initiated;
(3) Each of the principal agencies with a presence at the Department's missions abroad shall sign a tenant agency MOU:
(a) The Department of Justice (DOJ) shall sign MOUs on behalf of the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA); and
(b) The Department of Homeland Security (DHS) shall sign MOUs on behalf of the Bureau of U.S. Citizenship and Immigration Services, formerly the Immigration and Naturalization Service (INS) of the DOJ;
(4) Each principal tenant agency must forward a copy of the MOU to its senior representative at post, along with any addenda covering special circumstances; and
(5) Any agency that has not previously signed its own tenant agency MOU with the Department of State shall adhere to the terms of the generic MOU (see 15 FAM Exhibit 684).
c. Tenant agencies may not directly fund, or provide funding to post for, the alteration/improvement of a Department of State-owned or leased facility. For any such tenant-funded project, the tenant agency must transfer the funding to OBO/COMP/FM via a reimbursable agreement.
d. Content questions regarding the Tenant Agency MOU should be addressed to the Office of Area Management, in the Directorate for Operations, in the Bureau of Overseas Buildings Operations (OBO/OPS/AM), Attention: Interagency Liaison Officer. Previously approved, unclassified MOUs can be found on OBO's Office of the Comptroller's Policy and Program Analysis Office (OBO/COMP/P) SharePoint site.
15 FAM 685 SCHEDULED UTILITY OUTAGES AND SERVICE DISRUPTIONS
(CT:OBO-127; 04-21-2023)
a. The FM is responsible for scheduling utility outages, notifying affected parties, coordinating activities with all affected offices, including post personnel and Department of State and non-Department of State agencies, and effectively coordinating and planning with facility management staff and/or contractors.
b. Outages that affect critical systems, including security and post communications, must be planned at least thirty days in advance to allow for contingency planning and notification to post, regional centers, and command centers. Such outages should be scheduled to minimize operational disruption and for Sustainment, Restoration, and Modernization activities.
c. The OBO electrical safe work practices policy is to work de-energized. Outages must be arranged and scheduled. An Energized Work Permit (EWP) signed by the Deputy Chief of Mission is required for work done in an energized state. Voltage testing, diagnostics, and troubleshooting may be conducted in an energized state using a modified EWP signed by the FM/Post Occupational Safety and Health Officer (POSHO) (see 15 FAM 957.7).
15 FAM 686 PHYSICAL SECURITY UPGRADES FOR OVERSEAS SCHOOLS AND EMPLOYEE ASSOCIATION FACILITIES ABROAD
(CT:OBO-127; 04-21-2023)
a. OBO, in coordination with DS, the Office of Acquisitions Management (A/OPE/AQM), and the Office of Overseas Schools (A/OPR/OS), provides funds for grants to upgrade the security of overseas schools attended by children of U.S. citizens stationed outside the United States who are engaged in carrying out U.S. Government activities. OBO also provides funding for security upgrade projects for chartered employee association facilities. The eligibility criteria for these types of assistance, related procedures, and the implementation process are explained below.
b. Periodic cables provide information on the submission and review of project proposals, including names and addresses of project approvers, a more detailed description of the program, and other background material.
15 FAM 686.1 Physical Security Upgrades to Overseas Schools
(CT:OBO-127; 04-21-2023)
a. Eligibility for grant funding:
(1) Eligibility is limited to schools with students up to and including twelfth grade. The Department of State can provide assistance only to benefit children at primary and secondary schools. Universities and other post-secondary institutions are ineligible;
(2) School enrollment must include children of U.S. citizens stationed outside the United States who are engaged in carrying out U.S. Government activities:
(a) All Department of State-assisted schools are eligible for funding consideration since they currently serve or will serve dependent children of U.S. Government employees in the future; and
(b) Non-Department of State-assisted schools are eligible for funding consideration if they currently enroll U.S. Government children or can verify that they expect to enroll such students within the next six months;
(3) Proposed projects can only be for security upgrades to real property (e.g., buildings and grounds). OBO’s appropriated funds cannot be used for other types of property, such as school buses;
(4) Project funding can only be used for the initial installation of security upgrades. The RSO must receive assurances from responsible school officials on this point prior to requesting funding. Subsequent costs for maintenance, repair, operation, utilities, etc. are the school’s responsibility;
(5) These grants are intended primarily to upgrade existing structures and school campuses; and
(6) For new construction (including expansion of existing facilities or the proposed or recent acquisition of new land or facilities to be converted to school use), the Department of State expects schools to include adequate funding in their budgets for physical security features just as they would for other standard building features, such as plumbing, utilities, landscaping, and roofing:
(a) If a school can provide evidence that it cannot afford the security features, the Department of State will consider funding assistance on a case-by-case, and cost-sharing basis; and
(b) If there are other, extraordinary conditions that would merit Department of State funding, such as exceptional security factors in particularly dangerous areas, those also could be considered in making cost-sharing exceptions.
b. Project approval requirements:
(1) The chief participants in the overall process are:
(a) The RSO, who assists schools in preparing the project proposal;
(b) DS/C/PSP/PCD (Project Coordination Division), which reviews the technical aspects of the proposal;
(c) OBO/CFSM/SM, which funds the proposal; and
(d) Either A/OPR/OS or A/OPE/AQM, which prepares the individual grant depending, respectively, on whether it is for a Department of State-assisted school or not;
(2) Reference periodic Overseas Schools Security Grants Program cables for further details.
c. Project implementation requirements:
(1) Since no commitments can be made until or unless a formal request is approved and executed by the Department of State, schools should be instructed not to make any expenditures based on anticipated Department of State funding and forewarned that such approval is not guaranteed because it depends on multiple factors: funding availability, number of students who are children of U.S. Government employees, threat ratings, and other considerations; and
(2) A grant has been executed when it has been approved and funded, signed by a Washington, D.C.-area grants officer, and signed by an authorized official at the school. A school must not incur any expenses until a grant has been executed, unless it has received explicit, prior approval from the Overseas Schools Security Grants Program Coordinator in OBO/CFSM/SM. Pre-grant costs generally are not allowable. Once a grant has been executed, certain rules must be followed in the execution of the project:
(a) The RSO and/or grants officer should direct the school to immediately implement the project and to complete it within the grant performance period, usually 12 to 18 months;
(b) The school is expected to plan, design, procure, and implement all upgrades independently. This is usually accomplished with minimal post assistance and only to the extent necessary to ensure proper installation, which varies with the capabilities of individual schools;
(c) All costs are intended to be initially born by the school and then fully reimbursed following RSO confirmation that the project completed successfully, upgrades operate as intended, and they conform to the terms of the grant. Alternative funding arrangements may be possible for schools unable to fully fund the project provided that a mutually acceptable agreement is reached through prior consultation with the Overseas Schools Security Grants Program Coordinator; and
(d) If a scope change is required, or additional funding or time is needed, the RSO should contact the Overseas Schools Security Grants Program Coordinator for guidance at least two weeks before the scope change is implemented, or the funding or performance period is exceeded.
15 FAM 686.2 Physical Security Upgrades to Employee Association Facilities
(CT:OBO-127; 04-21-2023)
a. Needed security upgrades, as determined by the RSO, can be made to both the grounds and facilities of chartered employee associations that are established and operated in accordance with 6 FAM 500, Employee Associations.
b. Eligible employee association facilities are limited to those that are physically located outside of embassy or consulate compounds.
c. Requests for security upgrades are prepared by the RSO and submitted to OBO/CFSM/SM and DS/C/PSP/PCD.
d. The upgrade requests are reviewed by OBO and DS, and funding for approved projects is provided to the post by an advice of allotment (AOA).
15 FAM 687 OBO PROJECT ASSISTANCE, APPROVAL, AND PERMITTING REQUIREMENTS
(CT:OBO-127; 04-21-2023)
15 FAM 687.1 Guidelines and Approvals
(CT:OBO-127; 04-21-2023)
a. Post must obtain prior OBO approval for the types of post actions listed below that involve U.S. Government-owned or leased real property, regardless of cost or funding source:
(1) Approval includes a review to ensure that the project conforms to building codes adopted by the Department of State. If the project complies with such building codes, OBO issues a building permit to be posted at the project site;
(2) See 15 FAM 686 for approvals of security-upgrade project requests made by non-U.S. Government owned/leased schools and employee associations; and
(3) USAID projects on USAID properties require prior approval from the Overseas Management Division, Office of Management Services, Bureau for Management, USAID/Washington (USAID/W – M/MS/OMD), which has responsibility for issuing permits on such projects.
b. Projects performed under Sustainment and/or Restoration must be recorded in the Global Maintenance Management System (GMMS) and coordinated through the proper subject matter expert within OBO's Office of Facility Management and Design Engineering. These projects do not require a permit. If structural restoration work is involved, contact OBO's Office of Design and Engineering (OBO/PDCS/DE) for guidance on whether a permit is required.
c. Actions that require prior OBO approval include, but are not limited to, the following:
(1) Examples that require OBO/PDCS/DE approval:
(a) Demolition of structures or other facilities;
(b) Interior structural alterations;
(c) Interior alterations affecting space functions or design;
(d) New, relocated, or substantially altered driveways, walls, parking areas, landscaping, or other exterior works;
(e) Removal, replacement, or alteration of structural support such as: beams, trusses, columns, and load-bearing walls, including cutting new openings in load-bearing walls;
(f) Excavation below, or adjacent to, existing building and wall foundations; and
(g) Repairs due to structural failures, except temporary emergency repairs;
(2) Examples that require OBO/PDCS/DE and OBO/CFSM/FAC approval:
(a) Replacement of, or alterations to, roof structure, including placement or erection of any structures, equipment, or devices on the roof;
(b) Construction of any facility or placement of any heavy equipment on roofs or on balconies; and
(c) Procurement, placement, or construction of nonpermanent structures, to include modular or prefabricated units;
(3) Repairs or modifications to fire protection systems or life safety features require OBO's Office of Fire Protection (OBO/OPS/FIRE) approval; and
(4) Maintenance, conservation, alteration and/or additions to heritage structures and associated architecturally or culturally significant features - for which prior approval is required from OBO's Office of Cultural Heritage (OBO/OPS/CH) (see 15 FAM 770 and OBO's List of Significant Properties).
NOTE: This list is not all-inclusive. For clarification, contact OBO/PDCS/DE. For life safety matters, contact OBO/OPS/FIRE and OBO/OPS/SHEM. For USAID properties, contact USAID/W - M/MS/OMD.
d. Post may not incur financial obligations or make commitments, orally or in writing, to architects, engineers, contractors, or other parties in connection with proposals and recommendations without specific prior authorization from appropriate Washington, DC offices (see 15 FAM 400).
15 FAM 687.2 Technical Review and Permit Issuance
(CT:OBO-127; 04-21-2023)
a. If OBO deems the project feasible and funding is available, OBO/PDCS/DE issues specific guidance to post regarding the design review and permit requirements for each project. Standard requirements apply to every project, while special requirements may vary. Proposed projects are reviewed in detail each year to determine the appropriate categorization. Each project is categorized as a Tier One or Tier Two type project:
(1) Tier One projects are design packages that are developed to the 90 percent and 100 percent design phase and typically require one technical review prior to the submission of revised design drawings as ‘application for permit’ (see 15 FAM 687.3). OBO/PDCS/DE reviews the 90 or 100 percent design drawings for code compliance and provides feedback to post. Upon receipt of OBO’s feedback, post must incorporate the comments, finalize the design, and submit to OBO/PDCS/DE for approval. OBO/PDCS/DE then performs a final review, ensures comments are adequately incorporated, and approves the design by issuing a building permit; and
(2) Tier Two projects are design packages that are developed to the 35, 60, and 90 percent design phase. Tier Two projects are larger, more complex, and typically require the services of professional architecture and engineering firms. Staff from OBO/PDCS/DE, along with other OBO professionals, assist post with all aspects of work including project planning, design, construction, and commissioning. These projects require several technical reviews prior to the submission of revised design drawings as ‘application for permit ’similar to the explanation in Tier One, OBO/PDCS/DE reviews proposed designs and works with post to complete the project.
b. Structural and electrical work require special attention regardless of dollar value because they can seriously jeopardize life safety if improperly performed.
c. Historically significant buildings require special attention to protect cultural assets. Contact OBO/OPS/CH for specific guidance regarding structural and electrical work and historical buildings.
15 FAM 687.3 Design Review Guidance
(CT:OBO-127; 04-21-2023)
a. Projects uploaded into ProjNet, OBO's design and review software, shall include this list of key documents:
(1) Site plan, drawn to scale, showing location of the work in proximity to property boundary lines, roadways, other structures, and utility runs;
(2) Demolition plans if existing structures are being removed or altered;
(3) Floor plans depicting the extent of the work and clearly indicating changes (i.e., existing vs. new work) in the architectural, structural, mechanical, electrical, and security features of the building(s);
(4) Spaces and dimensions that are clearly labeled and drawn to a metric scale of 1:100;
(5) Elevations (side views) to explain horizontal components of the work;
(6) Specifications containing written descriptions of the materials and equipment being installed (manufacturers’ catalogue cuts often suffice); and
(7) Construction cost estimate evaluating the adequacy of the project budget. Submittals must be provided in both hardcopy and electronic formats.
b. Post must properly classify all design documents in accordance with the Security Classification Guide for Design and Construction Projects Overseas and obtain required local permits and permissions. For procurement guidance and assistance, post should refer to the Office of the Procurement Executive (A/OPE) website to review models and procurement instructions. For codes and design guidelines, post should refer to the OBO Design Standards.
15 FAM 687.4 As-Built Drawings
(CT:OBO-127; 04-21-2023)
a. After completion of any OBO-approved and funded Tier One or Tier Two projects, post must submit a complete digital set of as-built drawings to OBO/PDCS/DE's Design Coordination Division (OBO/PDCS/DE/DC).
15 FAM 687.5 Project Close-Out
(CT:OBO-127; 04-21-2023)
a. For projects that are contracted by post or the Regional Procurement Support Office, when the contracting officer representative (COR) issues a letter of acceptance of substantial completion to the contractor, post submits a cable to OBO/OPS/AM indicating the substantial completion date.
15 FAM 687.6 Alterations/Improvements to Newly Constructed or Rehabilitated Facilities
(CT:OBO-127; 04-21-2023)
a. No major alterations or improvements (including addition of annex buildings or other structures, or changes in the initial furniture, furnishings, appliances, and equipment) shall be made to any OBO capital construction project without prior OBO approval for at least two years after completion. The correction of problems with installed equipment and systems; safety, health, and environmental problems; and emergency work requests are exempt. See 15 FAM 1000 for additional clarification.
15 FAM 688 SPLIT AIR CONDITIONERS
(CT:OBO-127; 04-21-2023)
a. Air-conditioning units may be provided in U.S. Government-owned/capital leased and operating leased residential and non-residential facilities. At residential properties, air conditioners are at the discretion of the Single Real Property Manager (SRPM) and the Interagency Housing Board (IAHB) to determine that air conditioning is necessary, funds are available, and occupying agency approval has been secured.
b. The FM determines the necessary size of split air conditioner.
(1) For units rated 36,000 BTUs and greater: OBO funds units for new installations at U.S. Government-owned or leased nonresidential and residential properties from modernization (MCI) funds. Replacement of existing units are funded with restoration (M&R) funds. Submit requests to OBO for approval in accordance with 15 FAM 640. Units for operating leased facilities are generally the responsibility of the landlord.
(2) For units less than 36,000 BTUs: Each agency is responsible for funding the requirements of its personnel either directly or through an International Cooperative Administrative Support Services (ICASS) furniture and appliance pool. The requirements of Department of State personnel are funded by post-held Diplomatic Programs (DP) funds and ICASS personnel by ICASS funds (6 FAH-5, ICASS Handbook).
15 FAM 689 ENERGY SAVINGS PERFORMANCE CONTRACTS (ESPC)
(CT:OBO-127; 04-21-2023)
15 FAM 689.1 Energy Saving Performance Contracts Definition
(CT:OBO-127; 04-21-2023)
a. Energy Savings Performance Contracts (ESPC) are partnerships between the U.S. Government and an Energy Services Company (ESCO), which audits, designs, and constructs a project to reduce energy costs and makes all arrangements to fund the project. They are a funding strategy endorsed by the U.S. Government, but there is no mandate to use them.
b. ESPCs are intended to help agencies achieve the goals of the Energy Independence and Security Act of 2007 (Public Law 110-140) and subsequent Executive Orders.
c. The ESCO is reimbursed from the energy cost savings over a payback period of up to twenty-five years.
15 FAM 689.2 Energy Saving Performance Contracts Process
(CT:OBO-127; 04-21-2023)
a. ESPCs are resource intensive and require a clear understanding of the responsibilities of all parties involved. OBO/PDCS/DE has developed a three-phase execution plan as follows:
(1) Pre-contract phase (OBO managed and funded with post input): This is the preliminary data collection and project planning phase, which uses the utility data portal to identify energy usage and cost factors. High-priority posts receive preliminary audits. The resulting site data packages are used as attachments to the ESPC’s Request for Proposal (RFP). OBO's Energy program in OBO/PDCS/DE manages this phase using its funds and/or Energy Conservation Program funds;
(2) Contract phase (post-managed and funded with OBO input): This is the solicitation, award, and construction phase, starting with a memorandum of agreement (MOA) between OBO, post, and the ICASS council to commit to the payment plan. Other significant activities include:
(a) Post works directly with the Office of Acquisitions Management (A/OPE/AQM) to advertise and release the ESPC RFP;
(b) OBO/PDCS/DE assists post to evaluate initial proposals based on established criteria;
(c) A/OPE/AQM issues a Letter of Intent to Award to the selected ESCO;
(d) The ESCO performs an Investment Grade Audit;
(e) A/OPE/AQM issues the final ESPC contract in conjunction with the Department of Energy's Federal Emergency Management Program (DOE/FEMP);
(f) The ESCO proceeds with design and construction activities;
(g) OBO provides technical support and quality assurance support as needed (see 15 FAM 640); and
(h) Post may be required to hire a third-party contractor (TPC) to manage construction activities;
(3) Performance phase (post managed and funded with OBO input): This is the long-term period of performance when energy conservation measures are put into service. This phase can last up to 25 years and requires continuous post support as defined in the ESPC. Key events are:
(a) Post contracts for the systematic measurement and verification (M&V) of savings by an independent auditor. This occurs periodically throughout the time of the contract (up to 25 years). This expense must be paid for through the ESPC;
(b) The bureau and/or ICASS release funds in accordance with the M&V reports;
(c) A/OPE/AQM issues contract modifications if the facility is altered or if there is a change in usage;
(d) The ESPC can be paid off early if funds become available;
(e) At the end of the contract term, the ESCO receives final payment and the U.S. Government retains the installed equipment; and
(f) Energy savings to the U.S. Government then no longer incur charges and are free of ESCO payments.
15 FAM Exhibit 684
Memorandum of Understanding (MOU) Text
(CT:OBO-127; 04-21-2023)
between the
United States Department of State
and the
[Tenant Agency] __________________________
This Memorandum of Understanding (MOU) (insert, if appropriate, "including certain clarifications and modifications appended hereto as an addendum") is made and entered into by and between the United States Department of State and the [Tenant Agency (TA)].
WITNESSETH: The parties hereto agree as follows:
Whereas the Foreign Service Buildings Act of 1926 (the Act) as amended, authorizes the Secretary of State to acquire sites and buildings abroad and, among other things, to sustain, restore, and modernize (SRM) these properties, the Secretary of State has delegated this authority to the Director, Bureau of Overseas Buildings Operations (OBO) who, notwithstanding the source of funding, acts as the SRPM for nonmilitary U.S. Government property abroad (with the exception of certain facilities used exclusively by the United States Agency for International Development (USAID) which are covered by separate legislative authority, and operating lease facilities of other agencies). Implementing policies are contained in Volume 15, Foreign Affairs Manual.
This Act renders the Department of State accountable for various property management functions, including new construction, acquisition, maintenance, modification, and disposal. Because even a small project may have a critical impact on the Department of State’s responsibility with respect to function; architectural, structural, and construction issues; building systems (mechanical, electrical, civil, etc.); fire and life safety; security safeguards; Congressional certification, and other concerns extending to the construction, operation and function of the property, the TA agrees it will not undertake any work, project, or installation that in any way alters or affects a building’s design, construction, functional use, systems, or structural components in Department of State-managed facilities without prior OBO approval. Further, the Department of State and the TA agree that prior planning and written OBO authorization must be obtained to ensure that all proposed projects are accomplished in a cost-effective and efficient manner, with minimal disruption to ongoing post activities, and with due regard for normal foreign mission responsibilities and the security of sensitive operations.
Accordingly, and in furtherance of these objectives, OBO, on behalf of the Department of State, and the TA agree to designate representatives who will develop and implement appropriate, mutually acceptable procedures for introducing, scheduling, developing, and tracking proposed new and/or rehabilitation projects; determine whether the TA or OBO will be responsible for design and/or construction; provide for OBO review and approval of proposed projects, plans, inspection of work in progress, and completed projects; resolve funding aspects and initiate certification or confirmation procedures before commencement of work; develop procedures to expedite the issuance of any special access or security clearances which may be required of identified OBO personnel and its contractors to carry out their functions; and address other related issues in a timely manner.
Although documentation requesting structural changes to the building ultimately must be approved by OBO, in keeping with current procedures, the Department of State’s Bureau of Information Resource Management must remain the designated point of contact for consolidation and coordination of all requirements for building alterations, additions, or new construction related to communications and computer systems of all building tenants.
Subject to clearance criteria, the TA agrees to issue any special security clearance that OBO-designated representatives may require in order to participate fully in the development, implementation, and performance of those procedures that are the subject of this document, and which will be appended to, incorporated in, and made an integral part of this Memorandum of Understanding.
In particular, the TA must, when seeking design, construction, or physical changes in U.S. Government-owned/capital lease or Department of State-occupied operating lease property:
(1) Provide OBO with all of its operational and functional requirements with respect to new construction or any proposed changes before the statement of work is finalized, approved, and included in the architect or engineer design or construction contract.
(2) Process all requests for design changes, construction change orders, change in construction materials, and SRM projects to existing buildings through OBO in sufficient time to receive OBO’s review and written approval.
(3) Provide OBO with valid funding reimbursement at the time that the change is requested. Valid funding will be received prior to issuance of written approval of the job by OBO.
(4) If necessary for access, grant any special security clearances for OBO-designated personnel and its contractors during the construction of a building that contains areas designated for use by the TA so that the on-site OBO project director and his or her project staff will have access to those spaces when, where, and as appropriate and necessary to carry out technical inspections of completed work or work in progress and to perform fire prevention and safety inspections. For new embassy buildings, this access will continue until the building is commissioned and officially turned over to the post.
(5) To ensure that there will be no unauthorized changes to any previously agreed upon contractual scope of work in which the Department of State is the contracting office for a specific project, the TA agrees that its employees or contractors will not have any contact or discussions of any type with Department of State construction contractors or material vendors except through the Department of State contracting officer (CO) or the contracting officer’s representative (COR), or at the construction site, the OBO project director.
(6) If necessary for access to TA spaces, grant special access or security clearances for OBO-designated personnel and its contractors to expedite their entry into space occupied by the TA when, where, and as appropriate and necessary to carry out technical inspections of completed work or work in progress, or to perform routine maintenance, fire prevention, and safety inspection functions.
(7) Have the right to and should conduct operation checks of systems completed by OBO prior to acceptance of such systems.
(8) To the extent it is agreed that project authority will be exercised by the TA, introduce, schedule, develop, track, and otherwise conduct the project in strict accordance with a project plan, which is to include provisions of all relevant architectural and engineering designs, plans and documents to OBO for review and approval prior to implementation. The TA will keep responsible OBO offices, post administrative officers, and security personnel informed of progress during implementation and must immediately bring to the attention of responsible OBO offices, post administrative officers, and security personnel deviations or changes to the approved project plan that have arisen during implementation.
(9) Distribute this MOU to appropriate TA field personnel for their information and compliance.
OBO as the representative of the Department of State must:
(1) Determine, in concert with the TA, which agency will be responsible for a project. To the extent that OBO is responsible for a project, make every effort to comply with TA requests for SRM projects in a timely fashion. Prepare, or where appropriate, assist in preparing a Project Authorization Document (PAD), using operational and functional requirements received from the TA, to document the scope and planned funding of the project. The PAD must be evaluated by elements of OBO and must establish the project’s baseline scope, budget, and schedule. OBO also will assign Project Identification Numbers (PINs) to approved requests in order to prioritize and expedite handling.
(2) Initiate clearances or approvals required by law or regulation.
(3) Identify, by position or individually, those OBO personnel or contractors requiring special access clearance and initiate such action as may be necessary to obtain the appropriate level or type of clearance.
(4) Where required by established internal operating procedures of the TA, provide advance notice of pending inspections/inspectors to designated headquarters liaison staff, who will act to facilitate access to TA space.
(5) Encourage TA participation and assistance, as required, in planning and conducting surveys based upon the Project Authorization Document (PAD) schedule.
(6) Provide TA proponents with the names of liaison office(r)s in OBO, and a reporting program for the project to respond to TA information and scheduling needs.
(7) Be responsible for certifying compatibility with existing building systems of any new equipment or systems, such as chillers, power generators, upgraded power suppliers, and radio frequency (RF) shielding, from general subcontractors or U.S. Navy Construction Battalion (Seabee) personnel.
____________________________ ____________________________
Director [Tenant Agency]
Bureau of Overseas Buildings Operations
U.S. Department of State
Date ______________________