Leasing Alert LA-23-01: New Parking Category — Visitor Parking, (and the Elimination of the Requirement for a Determination and Findings for Visitor Parking)

Purpose

This Leasing Alert (“LA”) is being issued to modify Leasing Desk Guide (“LDG”) Appendix H (“Parking Acquisition”) to remove the requirement for a Determination & Findings (D&F) for visitor parking.

Background

Appendix H of the LDG was last revised October 31, 2013. Since then, the Office of Leasing has received several requests for clarification regarding the D&F as it relates to visitor parking. Upon further research into the GAO finding that generated the original requirement for the D&F, it has been determined that the finding was solely focused on the use of U.S. taxpayer funds for employee parking subsidies, not mission associated visitor parking. (See U.S. International Trade Commission – Use of Appropriated Funds to Subsidize Employee Parking Permits, B-322337 (August 3, 2012)). Additionally, there is no statutory or regulatory requirement for a D&F for visitor parking. Therefore, it has been determined that a D&F is not required for visitor parking.

Effective date

This LA is effective as of the date of issuance unless modified, canceled, or reissued.

Cancellation

None, but LDG Appendix H (“Parking Acquisition”) is hereby modified as depicted in Attachment 1 to this LA.

Applicability

This LA and its attachments apply to all GSA real property leasing and to activities delegated by GSA to other Federal agencies.

Instructions and procedures

There are no separate instructions or procedures. However, revisions to LDG Appendix H for the application of this policy change are shown in Attachment 1 to this LA and provides further details on the new policy.

Attachment 1: Instructions and procedures

Leasing Desk Guide (“LDG”) Appendix H, entitled “Parking Acquisition” is modified as follows: 

1. This LA removes the following language found in LDG Appendix H in subparagraph 2(c)(1)(b) on page H-4 that requires a D&F for visitor parking:  
   
   “Unofficial Parking Spaces – are defined as employee and visitor parking spaces. Government employees and visitors are typically responsible for coordinating and funding their own parking arrangements. The Government will use the Offeror’s parking plan and narrative to identify the number of available parking spaces for use by Government employees and visitors. Through negotiations, Leasing Specialists evaluate offers to ensure the cost of employee and visitor parking spaces is not subsidized by the offered rent, unless it meets the justification requirements outlined in paragraph 2.i, Justification Requirements for Parking (for other than Official Parking Spaces), below.” 
   
   And replaces the above deleted language in subparagraph 2(c)(1)(b) with the following: 
   
   “Unofficial Parking Spaces – are defined as Government employee or contractor parking spaces where the privately owned vehicle is not designated for official use in the performance of the client agency’s mission. Government employees and contractors are typically responsible for coordinating and funding their own parking arrangements. The Government will use the Offeror’s parking plan and narrative to identify the number of available parking spaces for use by Government employees and contractors, (if any). Through negotiations, Leasing Specialists evaluate offers to ensure the cost of Government employee and contractor parking spaces is not subsidized by the offered rent, unless it meets the justification requirements outlined in paragraph 2.i, Justification Requirements for Parking (for other than Official Parking Spaces and Visitor Parking Spaces), below.”
    
2. This LA also adds the following new subparagraph 2(c)(1)(c) to LDG Appendix H. This new subparagraph creates a separate new category of parking spaces called “Visitor Parking Spaces”, which are neither Official Parking Spaces nor Unofficial Parking Spaces. The new subparagraph 2(c)(1)(c) reads as follows: 
   
   “Visitor Parking Spaces – are defined as parking spaces provided for use by the general public, (i.e., excluding Government employees, contractors, and Official Government vehicles), in conjunction with their visiting a Government facility to engage in agency mission related matters. Use of Visitor Parking Spaces is to be limited to those members of the general public that are directly engaging with the agency’s delivery of services at the time of their use and are not for use by Government Owned Vehicles (GOVs) or Government employee or contractor Privately Owned Vehicles (POVs).”
    
3. Lastly, this LA revises the title of subparagraph 2.i of LDG Appendix H to conform it to the other changes made by this LA. The revised title of subparagraph 2.i shall hereinafter read as follows: 
   
   “Justification Requirements for Parking (for other than Official Parking Spaces and Visitor Parking Spaces)”