Fundamentals of Federal Real Estate Leasing

In any given year, the federal government occupies hundreds of millions of square feet of leased space to house over a million federal employees. While the amount of government space has been on a gentle decline for the past few years as the government seeks to "reduce the footprint," there are still enormous opportunities in the federal space, and the federal government continues to be the largest single lessee of space in the United States. Plus, government tenants are backed by the full faith and credit of the United States government, which can make government agencies desirable and attractive tenants.

However, leasing to the federal government is not without its risks and complications. Federal government leases are government contracts, and the federal government attaches a number of requirements and conditions through the contracting process. Commercial landlords may be unfamiliar with a number of these government - specific requirements. Similarly, the government has its own processes for awarding leases, resolving disputes during the term of the lease and addressing the sale of an asset with a government lease that will likely be foreign to commercial real estate practitioners.

Additionally, the austerity measures adopted by the government in an attempt to rein in costs have led to a smaller universe of government leases. This, in turn, has led to increased competition for a piece of the shrinking government leasing business. In this atmosphere of increased competition, contracting officers have become more sophisticated and discerning in their procurement decisions. How, then, should landlords approach government leasing in this environment of heightened scrutiny and competition?

This course is designed to act as a primer for those new to government leasing, as well as a resource for more experienced federal real estate practitioners and government contracting officers or leasing specialists. Join Holland & Knight attorneys Robert C. "Bob" MacKichan, Jr. and Gordon Griffin, co-authors of Federal Government Real Estate Leasing, as they talk through the basics of federal leasing and the more common pitfalls of dealing with the government.   

1. Develop a basic understanding of the federal procurement process and how the government awards leases
2. Recognize the differences between a typical commercial lease and a government lease, to include the most common GSA leasing provisions
   
3. Understand the claims process and the landlord's rights to pursue litigation at the U.S. Court of Federal Claims and the Boards of Contract Appeals