Safer Federal Workplace — GSA Leased Locations/Leased Space
Facility Access Protocol (Vaccination Status) For Leased Spaces
- Occupant agencies are responsible for:
- Posting signage at entrances to occupant agency space.
- Verifying that visitors entering the occupant agency’s space for reasons other than to obtain a public service or benefit have completed the Certification of Vaccination form and have any necessary accompanying documentation.
Leasing Policy, Project and Process Guidance
- Rent Credits/Billing Adjustments: We will continue to pass through rent for leased space assigned to occupant agencies when a building is closed due to any COVID-19 issue. Any rent credits we receive from a lessor due to a closure will be passed through to occupant agencies on their rent bill.
- Released Space Requests: Occupant agencies may request to release space, but standard pricing policy applies. Space must be vacant (no furniture or information technology equipment).
- Closing Buildings: We consider closing a building on a case-by-case basis. The Lease Contracting Officer (LCO) should first contact the occupant agency to see if it is mission critical to remain open and functioning within the leased premises. If so, the lessor must be notified of the need to keep the facility open. Should the lessor notify the federal government of a state or local government stay-in-place order, the LCO must obtain a copy of the stay-in-place order and determine if it applies to federal government employees and contractors. If it does, and if the occupant agency advises the LCO that its offices must remain open, the LCO must notify the lessor that they need to keep the facility open. If a lessor refuses to reopen its building for a mission critical function, the LCO should consult regional counsel, as the federal government has the right to occupy the premises.
- Locking Out: A lessor may not lock out a federal government tenant from a leased building. If an occupant agency advises the LCO that its offices must remain open, the LCO must notify the lessor of the need to keep the facility open. If a lessor refuses to reopen its building for a mission-critical function, the LCO should contact regional counsel, as the federal government has the right to occupy the premises.
- Restricted Access: In GSA leased space, when an occupant agency wishes to restrict access or implement screening procedures, the agency should contact their GSA point of contact (POC) to coordinate with the Facility Security Committee (FSC) and the lessor. The GSA POC will coordinate with the occupant agency, the FSC, and the lessor to determine an appropriate implementation strategy at the lease location.
- Project Delay Costs and Approvals: The federal government is responsible for project delay costs if the occupant agency does not provide access to space for contractors to complete the tenant improvement buildout. Discuss all delay claims with regional counsel first.
- Lease modifications: Lease modifications may only be carried out by the LCO through a lease amendment. There can be no contractually binding communication between the lessor and the occupant agency concerning ongoing construction in leased premises. The LCO must communicate with the occupant agency and then the lessor when this becomes an issue.
- Cleaning and Disinfectant Services Procured by Occupant Agency: Only LCO approval is required, not a delegation. The LCO should notify the lessor that the occupant agency has the authority to procure these services dependent upon dollar threshold. The LCO must respond to the occupant agency in writing that the occupant agency has authority, as long as it follows the directions as issued in previously approved related guidance and uses the approved Cleaning and Disinfection Scope of Work. This notification can be completed by email to both the lessor and the occupant agency simultaneously.
Enhanced Entry Screening Services (EESS) Guidance
- Implementing EESS in leased locations: Leased locations cannot impose Enhanced Entry Screening. While occupant agencies may require COVID-19 screening for their employees or visitors to their offices, they cannot impose such restrictions on other building occupants (i.e., employees, contractors, and visitors). The FSC or the occupant agency should contact the GSA POC. The GSA POC will coordinate with the occupant agency, the FSC, and the lessor to determine how to put the procedures into place within the confines of the occupant agency’s space.
- EESS responsibilities in leased locations: Consistent with the Federal Management Regulation and OMB Memorandum M-20-23, each FSC is responsible for deciding enhanced entry screening procedures at the GSA-controlled facility where it is constituted. These screenings could include implementing a set of questions to be asked upon entry, temperature checks or other screening methods. To implement enhanced entry screening procedures at a GSA-controlled facility, the building’s FSC must convene, either in person or virtually. After consulting the GSA facility manager and the FPS representative, it must vote to adopt such procedures. In GSA-controlled leased space, when the FSC wishes to restrict access or implement screening procedures, the occupant agency must contact its GSA POC to coordinate with the FSC and the lessor. The GSA POC will coordinate with the occupant agency, the FSC, and the lessor to determine how to implement the procedures within the confines of the occupant agency’s space.
- Federal Judiciary procedures: In facilities occupied by the federal judiciary, the GSA facility manager, the FPS representative, and the U.S. Marshals Service representative must meet to discuss EESS. If the FSC votes to adopt such procedures, it must review the minimum enhanced entry screening procedures included in the EESS Sample Performance Work Statement to determine if the minimum procedures described in the sample work statement are sufficient or if additional procedures are needed. If the FSC determines that additional procedures are needed, the FSC must provide a list of those procedures to the GSA facility manager within 24 hours of the vote, to include in the final performance work statement.
- Process to implement EESS: Once the FSC has decided to implement enhanced entry screening procedures, checked that the required funding is in place, and developed an enforcement strategy, the GSA project team, including the Lease Administration Manager (LAM), the Lease Contracting Officer’s Representative (COR) and the LCO will determine an appropriate acquisition strategy if using GSA’s procurement resources to acquire the services.
- Funding to implement EESS: Funding for EESS depends on the occupancy of the facility. In single-occupant, GSA-controlled facilities, the occupant agency is solely responsible for funding the cost and must either provide the Public Buildings Service (PBS) with a reimbursable work authorization (RWA) or, in coordination with the GSA facility manager, procure the services directly. In a multi-occupant, GSA-controlled facility, if the FSC votes to implement enhanced entry screening procedures, the occupant agencies are responsible for providing the funding based on their pro rata share of rentable square footage in the facility. In these cases, if requesting GSA to perform the work, the occupant agencies must provide PBS with a reimbursable work authorization (RWA) for their pro rata share of the estimated cost.
Leased Procurement Guidance
Face Covering Signage
- Facility Managers are engaging with the Facility Security Committee and will coordinate with our lessors concerning posting appropriate mask-wearing and/or other relevant COVID-19 signage for building occupants, contractors, and visitors in accordance with current CDC guidance. In accordance with the Federal Management Regulation Title 41, Code of Federal Regulation, Part 102-74 Subpart C, Rules and Regulations Governing Conduct on Federal Property, Conformity with Signs and Directions (41 CFR 102-74.385), GSA will work in coordination with its private sector landlords to post signage at the entry to multi- tenant leased facilities where the government leases 100% of the leased building.
- The Occupant agency is also responsible for posting signage at the entrance to their own leased space when in multi-tenant leased locations that also include non-government tenants. GSA is ONLY responsible for posting signage in leased locations when the leased building is 100% occupied by federal tenants. GSA Facility Managers will make this signage available for occupant agency use within their leased space.
- Occupant agencies must implement accommodations that allow for persons unable to access an occupant agency’s workspace as a result of the requirement to wear a mask to continue to obtain any federal government benefits or services to which the person is entitled.
- In GSA-controlled delegated facilities, the occupant agency responsible for operation and maintenance is responsible for obtaining and displaying any necessary signage. Signage removal will be in keeping with any issued CDC Guidelines.
- Lessors are responsible for procuring and placing signage in the common areas of multi-tenant leased locations. Since posting pandemic signage is not outlined in the lease, GSA cannot require the lessor to post signage within GSA leased space.
Face Covering Guidance
- Face Masks when accessing space under lease to GSA:
- Consistent with current guidance on the use of masks issued by the Centers for Disease Control and Prevention (CDC) on February 25, 2022, and in accordance with the direction provided in Executive Order 13991, issued January 20, 2021, entitled Protecting the Federal Workforce and Requiring Mask-Wearing, all federal employees, contractors, and visitors must wear masks in leased space located in areas where CDC has identified the COVID-19 Community Level as “high” and in areas where mask-wearing is required by the lessor or local jurisdiction.
- Masks are not required to be worn in federally leased space located in areas characterized by CDC as having a “low” or “medium” COVID-19 Community Level, unless a locality imposes more protective pandemic-related safety requirements, in which case those requirements should be followed.
- For space leased by GSA, mask requirements apply to the portion of the facility under lease to GSA, unless GSA leases the entire building, in which case the requirements apply to the public areas as well.
- Where a locality imposes more protective pandemic-related safety requirements, those requirements should be followed in leased space within that locality.
- Individuals who are not fully vaccinated must wear a mask in GSA leased space regardless of community transmission level. In areas of low or moderate transmission, in most settings, fully vaccinated people generally do not need to wear a mask or physically distance in leased space except where required by the lessor, federal, state, local, tribal, or territorial laws, rules, or regulations. Fully vaccinated individuals however, may choose to wear a mask regardless of the level of transmission.
- All GSA leased space, except for Primary Courthouses and facilities occupied solely by congressional offices are considered to be substantially occupied by executive branch employees or contractors for purposes of this guidance. A Primary Courthouse is a courthouse where the judiciary and judicial-related offices (i.e., the U.S. Marshals Service or the U.S. Attorney, or both) occupy 75% or more of the rentable square footage in the building.
- In Primary Courthouses and facilities solely occupied by congressional offices, the Chief Judge or the Member of Congress, as applicable, must establish the policy to adopt the CDC recommendations or more restrictive measures, or the Facility Security Committee (FSC) must vote to adopt such measures, if an FSC for that facility has been established.
- Outleasing: For purposes of this guidance, GSA leased facilities and leased space do not include outleased spaces or facilities.
- United States Postal Service (USPS) Mask Usage Requirement: USPS requires that GSA employees, tenants, visitors, and contractors must comply with USPS face-covering policy when they are in areas in USPS facilities.[T1] This includes common area and other spaces that may be [T2] co-occupied by USPS employees. In those circumstances, GSA employees, tenants, visitors, and contractors must use face coverings or masks when social distancing of six feet cannot be maintained. When GSA employees, tenants, visitors, and contractors are in a USPS leased space that is separated by walls from USPS-occupied areas, all persons must follow applicable Federal, State, local, tribal, or territorial laws, rules, and regulations.
- United States Postal Service (USPS) Cleaning Requirement: USPS has noted that their daily, routine scheduled cleaning is CDC-compliant. USPS has also stipulated that when GSA customers are tenants in USPS facilities, should a confirmed or suspected COVID-19 incident occur AFTER USPS contractors have cleaned the tenant space for the day, GSA or the tenant can contract for supplemental cleaning and the tenant will be responsible to fund for[T3] the additional cleaning. In addition, the USPS confirmed it is not subject to Executive Order (EO) 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors and the Safer Federal Workforce Task Force’s Agency Model Safety Principles [PDF].
Cleaning and Disinfecting Guidance
GSA has updated lease language for all new leases commencing October 2021 to incorporate daily cleaning requirements in accordance with the most recent recommended CDC guidelines. This new janitorial language includes the addition of text to address cleaning for high-touch surfaces in common and high traffic areas. Cleaning in accordance with these adjusted specifications is in keeping with CDC direction and remains effective at destroying all virus variants on surfaces, without the use of disinfectants.
“Lessors are required to maintain the Premises and all areas of the Property to which the Government has routine access, including high-touch surfaces (e.g., door knobs, light switches, handles, handrails, and elevator buttons) in a clean condition and shall provide supplies and equipment for the term of the Lease.”
Cleaning staff shall use products in accordance with directions provided by the manufacturer. Cleaning staff shall wear disposable gloves (e.g., latex, nitrile, etc.), facemasks, and any additional personal protective equipment (PPE) as recommended by the cleaning product manufacturers. The application of cleaning products should be chosen so as to not damage interior finishes or furnishings.
Examples of solid, high-touch surfaces in building common and high traffic areas does not include agency-owned equipment such as desks, telephones, computers, keyboards, docking stations, computer power supplies, and computer mouse, personal fans and heaters, desk lighting, etc. Agencies are responsible for procuring and providing services and/or products to clean and disinfect these items as desired. This service is also available from GSA on a reimbursable basis, upon request. You can find GSA resources to help you procure disinfecting supplies at www.gsa.gov/coronavirus.
Concerning existing leases, the temporary cleaning/disinfecting language has expired and been removed. However, all lessors were notified by letter specifying that GSA expects them to adhere to CDC’s most recent cleaning guidance.
Guidance for Confirmed or Suspected Cases in Leased Locations
- Notification and Cleaning: The occupant organization at a GSA leased facility that becomes aware of a COVID-19 incident involving an employee, contractor or visitor of that organization, the organization must immediately notify all of its staff, contract employees and the GSA Facility Manager/LAM. Our facility notification process was revised on February 16, 2022, to clarify that COVID-19 incidents that occurred more than 10 days ago do not need to be reported to GSA, and, consistent with our standard notification and cleaning and disinfecting protocols, GSA will not notify occupants, initiate incident tracking or conduct COVID-19 cleaning and disinfecting for such incidents. The organization must also notify the Designated Official (DO) and the Facility Security Committee (FSC) for the facility. Furthermore, the building occupants must notify their visitors that, if they exhibit COVID-19 symptoms within 10 days of the visit, the visitor must notify the building occupant. Once notified of an COVID-19 incident, GSA will notify the lessor and provide the date and time of the incident and areas accessed. The GSA Facility Manager/LAM will coordinate with the lessor vacating individuals from potentially affected areas including the impacted individual’s immediate workspace, and to restrict access to those areas to the extent the areas can be restricted without compromising the means of egress in the event of an emergency to protect other building occupants, and to ensure complete cleaning and disinfection of all affected portions of the space.
- If 72 hours or less have passed since the person who is sick or diagnosed with COVID-19 has been in the space, it is cleaned and disinfected.
- Disinfection is performed, as required, using product(s) on the Environmental Protection Agency’s (EPA) N-List or equivalent.
- If more than 72 hours have passed since the person who is sick or diagnosed with COVID-19 has been in the space, no additional cleaning (beyond regular cleaning practices) is needed.
- Notifications to POCs for building occupants, contractors, DO and FSC, must be as soon as possible, but not later than 24 hours after the incident was first reported to GSA. When an occupant agency notifies GSA of an COVID-19 incident, they must not send any PII, such as the affected individual’s name, symptoms, COVID-19 status, or any other data that is likely to identify a particular person. GSA must establish if the lessor has a pandemic plan in place that follows CDC guidelines and matches the GSA scope of work. If so, GSA must confirm that the cleaning for the immediate workspace of by the individual with the confirmed or suspected case of COVID-19 will be done under General Clause #12, Maintenance of the Property, Right to Inspect. GSA must also confirm whether or not the cleaning will be provided free of charge to the federal government. If not, GSA will negotiate with the lessor to perform the cleaning according to the following directions.
- For confirmed or suspected coronavirus cases, GSA will fund and provide for detailed cleaning and disinfection of the impacted individual’s immediate workspace according to CDC guidance, which may exceed GSA’s National Custodial Specification or as otherwise described in the lease agreement.
- On a reimbursable basis, GSA will also provide for the cleaning and disinfecting of those portion(s) of the facility not accessed by the infected individual(s) according to the recommended CDC guidance.
- These procedures do not apply to leases that have been delegated to occupant agencies. For such leases, the occupant agency remains responsible for all cleaning and disinfecting services according to the terms and conditions of the delegation agreement and according to the lease.
- Lease Administration Manager Role: The LAM will work with a warranted contracting officer to order detailed or supplemental routine cleaning services at or below the SAT. The LAM will discuss with the lessor whether the lessor can provide the cleaning services or whether GSA may be required to procure its own cleaning contractor. The LAM will also notify the Contracting Officer or Lease Contracting Officer of any action.
- Lease Contracting Officer Role: For detailed or routine supplemental cleaning service requests in excess of the SAT, the LCO is responsible for procuring the extra services from the lessor through a lease amendment.
- Occupant Agency Role: For supplemental services not related to a confirmed or suspected coronavirus case, the occupant agency must inform GSA if it plans to fund additional services with an RWA or order and pay the lessor or cleaning contractor directly.
Supplemental Routine Cleaning Services
- Occupant Agency Direct Contracting: Occupant agencies must contact their GSA Facility Manager and Lease Administration Manager (LAM) to discuss supplemental routine cleaning services. The GSA LAM will coordinate with the Lease Contracting Officer ( LCO) and then discuss with the lessor whether the lessor will provide the cleaning services or whether the occupant agency will procure its own cleaning contractor.
- Costs Below the Micro-Purchase Limit: If the services needed are at or below the micro-purchase limit, the occupant agency may procure the services directly from the lessor and pay for those services according to the existing micro-purchase delegation of authority.
- Costs Above the Micro-Purchase Limit, But Under Simplified Acquisition Threshold (SAT) of $750,000: If the services needed exceed the micro-purchase threshold, but fall below the SAT, the occupant agency must request authority in writing from the GSA LCO. The letter must cite that it has a qualified Contracting Officer (CO) available to carry out the request for the services and that it will use the GSA-provided scope of work (SOW)* developed according to CDC guidelines. Occupant agencies may use a more stringent Statement of Work (SOW) for cleaning and disinfecting based upon mission need, as long as the more stringent SOW is equivalent to or or exceeds the GSA SOW and adheres to CDC guidelines.
- Costs Above the Micro-Purchase Limit and SAT: The GSA LCO will procure cleaning services directly from the lessor, if the occupant agency requests it.
- GSA Cleaning Standards: GSA has notified lessors about changes to cleaning and disinfecting requirements according to current recommended CDC guidelines and GSA’s expectation that they adhere to those guidelines.
- Agency-Owned Personal Property: CDC recommends disinfecting agency-owned personal property such as desks, workstations, computer accessories, and phones. Agencies are responsible for procuring and providing services and/or products to clean and disinfect these items as desired. This service is also available from GSA on a reimbursable basis, upon request. You can find GSA resources to help you procure disinfecting supplies at www.gsa.gov/coronavirus.
GSA is notifying lessors for all active GSA leases that they are expected, as the landlord, to follow current industry practices by considering the application of the latest Centers for Disease Control and Prevention (CDC) guidance concerning building ventilation and water systems.
These building ventilation and water systems guidelines are located in the Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020, under sections “Consider improving the engineering controls using the building ventilation system” and “Ensure the safety of your building water system and devices after a prolonged shutdown.”
In accordance with current CDC guidance, GSA recommends lessors consider modifying the engineering controls using the building ventilation system, which may include some or all of the following activities:
- Increase ventilation rates.
- Ensure ventilation systems operate properly and provide acceptable indoor air quality for the current occupancy level for each space
- Increase outdoor air ventilation, after taking into account the outdoor air quality of the surrounding area.
- Disable demand-controlled ventilation (DCV).
- Further open minimum outdoor air dampers (as high as 100%) to reduce or eliminate recirculation. In mild weather, this step should not affect thermal comfort or humidity. However, this may be difficult to do in cold or hot weather.
- Improve central air filtration to the MERV-13 or the highest compatible filter with the filter rack, and seal edges of the filter to limit bypass.
- Check filters to ensure they are within service life and appropriately installed.
- Extend operating hours of systems to increase air exchanges in the building space.
Additional Cleaning Guidance for Leased Space