PROPERTY MANAGEMENT 101

Skip Adolph, CPPM CFIvonne Bachar, CPPM CFRick Price, CPPM

PROPERTY MANAGEMENT 101

• Words to consider going forward:

– Accountability – To be “answerable”• Contractual accountability

– Financial and Logistical

– Fiduciary – Third party “financial” relationship• Taxpayer and USG

• Words to consider going forward:– Stewardship

• A person (or organization) who manages another’s property or financial affairs, one who administers anything as the agent of another or others

– Custodianship• 1: A person who has custody, keeper, or guardian• 2: A person entrusted with protecting or maintaining

property

PROPERTY MANAGEMENT 101

PROPERTY MANAGEMENT 101• A Bit of Property Management History:

– United States Constitution• Article IV• Section 3• Paragraph 2

– The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

PROPERTY MANAGEMENT 101

• A Bit of Property Management History:– Early Asset Management Legislation

• “Public Acts of Congress”• 13th Congress; 3rd Session• Sep 19, 1814 to Mar 3, 1815:

– An Act to provide additional revenues for defraying the expenses of Government and maintaining the public credit…

PROPERTY MANAGEMENT 101

• A Bit of Property Management History:– Early Asset Management Legislation

• “Public Acts of Congress”• 13th Congress; 3rd Session• Sep 19, 1814 to Mar 3, 1815: (cont)

– Sec. 4. And be it further enacted. That the President of the United States be authorized to cause all the armed vessels thereof on the Lakes to be sold or laid up; such vessels being first divested of their armament, tackle, and furniture, which are to be carefully preserved.

PROPERTY MANAGEMENT 101

• A Bit of Property Management History:– Early Asset Management Legislation

• 1774 - 1875: Congressional Legislation:– “Duties on Sales at Auction”. An act laying

duties on sales at auction of merchandise and of ships and vessels – March 24, 1814

PROPERTY MANAGEMENT 101

• A Bit of Property Management History:– The Federal Register

• By 1930 every Executive Branch published individual regulations

– Gazettes, bulletins, rulings, digests, pamphlets, notices, codes, certificates, orders, etc

• U.S. Regulations could not be found, tracked, or determined whether to have been altered or revoked

– Department of Justice acknowledged before the Supreme Court that an Executive Order it was trying to enforce had been revoked

• A Bit of Property Management History:– The Federal Register

• 1935 Congress passed Federal Register Act– Established a division within the National Archives

• The Federal Register began on March 14, 1936– Comprehensive vehicle for publishing all agency

promulgated rules and regulation– Including all Presidential proclamations and

executive orders as may be determined to have general applicability and legal effect or as may be required by Act of Congress

PROPERTY MANAGEMENT 101

PROPERTY MANAGEMENT 101

• Federal Property Management Regulation (FPMR)

• Created by Federal Property and Administrative Services Act of 1949

• 63 Statute 378: P.L. 152 aka “The Act”

PROPERTY MANAGEMENT 101

• Code of Federal Regulations (CFR)

– The codification of the general and permanent rules published in the Federal Register.

-- Divided into 50 titles representing broad areas subject to Federal regulations

PROPERTY MANAGEMENT 101

• Code of Federal Regulations (CFR)http://www.gpoaccess.gov/cfr/

– Title 41, Chapter 101• Federal Property Management Regulations (FPMR)

– Title 48• Federal Acquisition Regulations (FAR)

PROPERTY MANAGEMENT 101

The FPMR is organized into a series of subchapters by subject matter title:

Subchapter Title

A General C Defense Material E Supply and Procurement G Transportation and Motor Vehicles H Utilization and Disposal

PROPERTY MANAGEMENT 101

Federal Regulations Governing Personal Property Management

Federal Management Regulations 41 CFR 102

Updates the Federal Property Management Regulations (FPMR)

PROPERTY MANAGEMENT 101

• Agency Policy FMR §102-2.40 allows for each agency head to

expand the FMR to meet it’s respective mission Each agency is unique therefore it’s property

requirements maybe somewhat different Agency property management regulations may

not detract from basic FMR…still must meet minimum accountability standards

PROPERTY MANAGEMENT 101

– Title 48• Federal Acquisition Regulations (FAR)

• FAR Part 45• This part prescribes policies and procedures for

providing Government property to contractors; contractors’ management and use of Government property; and reporting, redistributing, and disposing of contractor inventory

PROPERTY MANAGEMENT 101

FAR Clauses• 52.245-1

– Government Property and its alternates I & II• 52.245-2

– Government Property Installation Operation Services

• 52.245-9 – Use and Charges

PROPERTY MANAGEMENT 101Colleges & Universities

• University Policies & Procedures• Office of Management & Budget (OMB) Circulars• Federal Acquisition Regulations (FAR) and Agency

Supplements • Agreement-Specific Terms & Conditions• Accounting Standards (GAAP, FASB, GASB)• State Regulations• IRS Guidelines• Export Controls• Other associated regulations (e.g. EPA)• Data Security• VCSs and ILPs

PROPERTY MANAGEMENT 101• A-21 “Cost Principles for Educational Institutions” (2 CFR Part 220)• A-87 “Cost Principles for State, Local and Indian Tribal Governments”

(2 CFR Part 225) and also Federal Register notice 51 FR 552 (January 6, 1986)

• A-89 “Federal Domestic Assistance Program Information”• A-102 “Grant Awards and Cooperative Agreements with State and

Local Governments”• A-110 “Uniform Administrative Requirements for Awards and Other

Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations” (codified at 2 CFR 215)

• A-122 “Cost Principles for Non-Profit Organizations” (2 CFR Part 230)• A-133 “Audits of States, Local Governments and Non-Profit

Organizations,”; and• Those sections of A-50 related to audits performed under Subpart F -

Audit Requirements of this Part.

PROPERTY MANAGEMENT 101

• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards– Published in Federal Register 12/26/13– Effective 12/26/14– Consolidation of in previous slide– Located in Title 2 CFR

• Chapters I and II• Parts, 200, 215, 220, 225, 230

PROPERTY MANAGEMENT 101

• OMB Circulars that are superseded by this guidance are available on OMB’s website at

http://www.whitehouse.gov/omb/circulars_default/

• This is given as final guidance– Implementation guidance still needs clarification– OMB to review at least every 5 years

• Applicable to awards to non-Federal entities including state and local governments, Indian tribes, institutions of higher education, …..

PROPERTY MANAGEMENT 101

• Governmental Accounting Standards Board – GASB– Statement 34

• Basic Financial Statements

– Statement 35• Amendment to Statement 34• Basic Financial Statements….For Public

Colleges and Universities

PROPERTY MANAGEMENT 101• Donations; aka Gifts, Charitable

Contributions, Gifts-in-Kind• IRS Publication 526

– Qualified Organizations– Contributions of Property– Records to Keep

• IRS Form 8283 – Non-Cash Charitable Contributions

• IRS Form 8282 – Donee Information Return

PROPERTY MANAGEMENT 101