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Indian Health Service The Federal Health Program for American Indians and Alaska Natives


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Part 5 - Management Services

Chapter 13 - Quarters Management


Title Section
Purpose 5-13.1
Policy 5-13.2
Objectives 5-13.3
Definitions 5-13.4
Authority and Responsibilities 5-13.5
    Director, Indian Health Service 5-13.5A
    Associate Director, Office of Environmental Health & Engineering 5-13.5B
    Director, Division of Facilities Management 5-13.5C
    Chief, Real Property Management Branch, DFM 5-13.5D
    Area Director 5-13.5E
    Real Property Unit Manager 5-13.5F
Quarters Management Program Elements 5-13.6
    Quarters Information/Technical References 5-13.6A
      Legislative and Regulatory Requirements 5-13.6A(1)
      Rental Rate Implementation Procedures under QMIS 5-13.6A(2)
    IHS Quarters Management Policy and Procedures 5-13.6B
      Quarters Designation Policy and Procedures 5-13.6B(1)
      Quarters Assignment Policy 5-13.6B(2)
      Procedures for the Collection of Rates & Other Charges 5-136B(3)
      Management of IHS Quarters by P.L. 93-638 Contractors 5-13.6B(4)
      Quarters Collections Management by Contractors 5-13.6B(5)
      IHS Policy/Procedures for the Provision of Utilities at Government Quarters 5-13.6B(6)
    Quarters Utilization Policy and Procedures 5-13.6C
      Assignment Criteria and Condition 5-13.6C(1)
      Quarters Quality Ratings 5-13.6C(2)
      Quarters Construction Policy 5-13.6C(3)
      Quarters Maintenance and Repair Program 5-13.6C(4)
      Quarters Management Forms and Schedules 5-13.6C(5)
    Quarters Tracking Information System 5-13.6D
      System Description 5-13.6D(1)
      Monthly RPUM Reporting Requirements 5-13.6D(2)
      Reports Management 5-13.6D(3)
    Management of Funds and Resources 5-13.6E
      Use of Quarters Return (QR) Funds 5-13.6E(1)
      QR Funds Reporting Requirements 5-13.6E(2)
Supersession 5-13-7

Exhibit Description
Manual Exhibit 1 Schedule DFM Q1, Request for Assignment to IHS Quarters
Manual Exhibit 2 Schedule DFM Q2, Quarterly Report of QR Funds Expenditures and Obligations
Manual Exhibit 3 PHS-6068, pages 1 and 2 - Quarters Deficiency Checklist
Manual Exhibit 4 PHS-6069 - Quarters Rental Rate Record
Manual Exhibit 5 PHS-6070A - Quarters Assignment and Acceptance Agreement
Manual Exhibit 6 PHS-6070B - Quarters Termination Record
Manual Exhibit 7 Excessive Heating/Cooling Justification
Manual Exhibit 8 Amenities Schedule
Manual Exhibit 9 HEW-88 - Real Property Voucher
Manual Exhibit 10 DI-1875 - Government Quarters Inventory Form (for QMIS)

5-13.1  PURPOSE

This issuance establishes policy, objectives, authority, responsibilities and program elements for the Indian Health Service (IHS) Quarters Management Program.

5-13-2  POLICY

It is to endure the availability of safe, suitable housing for personnel essential to the continuity of the health care delivery system and for those personnel required to protect Government property.  Further, IHS policy requires that IHS staff manage Agency-controlled housing consistent with those policies and procedures set forth in this Chapter and in the Public Health Service (PHS) Quarters Management Handbook.

5-13.3  OBJECTIVES

The IHS Quarters Management Program is designed to:

  1. Provide information and technical consultation on quarters management issues.

  2. Provide procedures for effective implementation of IHS policy.

  3. Provide the minimum number of quality housing units to house essential employees efficiently and effectively.

  4. Maintain reliable quarters occupancy and rental collections data through the use of the IHS Quarters Tracking Information System (QTIS).

  5. Provide guidelines for the management of resources generated by and required for implementation of the Quarters Management Program.

5-13.4  DEFINITIONS

  1. Housing Officer/Delegated Official (HQ/DO):  Person with delegated authority to manage IHS-controlled quarters at the Service Unit or installation level.

  2. Public Quarters:  Those housing facilities constructed or designated to and occupancy without charge by members of a uniformed service.  As of October 1, 1988 the IHS no longer designates any of its quarters as public quarters.

  3. An IHS management program designed to promote effective utilization of IHS-controlled housing.

  4. Quarters Quality Rating:  An evaluation of both the interior and exterior condition of each housing unit.  Ratings are required to forecast maintenance and repair under the Quarters Management Information System (QMIS), and to provide a basis in determining habitability of the unit.  A re-evaluation is made each time a unit is reconditioned and made available for occupancy.

  5. Quarters Tracking Information System (QTIS):  A computerized inventory of IHS-controlled quarters designed to monitor quarters utilization and Area implementation of quarters management policies and practices.

  6. Quarters Management Information System QMIS):  The system developed by the Department of the Interior (DOI) for establishing consistent rental rates for Government quarters.  The QMIS data collection is managed by the Bureau of Replacement/DOI (Denver) through an interagency agreement with the IHS.

  7. Quarters Return (QR):  Funds collected from rents and other charges for the occupancy of Government quarters which are deposited into a special fund for the maintenance and operation of quarters.

  8. Real Property Unit Manager (RPM):  The IHS Area management person responsible for establishing and maintaining real property records and for physical accountability of all real property and space charged to the IHS Area.

  9. Rental Quarters:  Quarters designated as rental quarters are intended for other than transient occupancy by any IHS employee or other authorized person.  Occupants assigned to rental quarters are always charged for rent and utilities.

  10. Transient Quarters:  Quarters designed as transient quarters are intended for short-term occupancy of up to 90 days.  Persons assigned to transient quarters are charged (daily, weekly, or monthly) for rent and utilities.

  11. Volunteer:  A member of bona fide Volunteer Service Program established in accordance with Department of Health and Human Services (HHS) Instruction 930-2 and with Title 45 Code of Federal Regulations (CFR) Part 57.

5-13.5  AUTHORITY AND RESPONSIBILITIES

  1. Director, Indian Health Service shall:

    1. Direct that an IHS Quarters Management Program be established and implemented.

    2. Ensure that Area Directors identify resources and provide support for Quarters Management Program implementation at all program levels.

  2. Associate Director, Office of Environmental Health and Engineering (OEHE) shall:

    1. Ensure that the Director, Division of Facilities Management (DFM) has management flexibility/support and resources necessary to develop and implement the IHS Quarters Management Program and QTIS.

    2. Ensure that an annual IHS Quarters Rent/Collections and Obligations budget is prepared and submitted to the Office of Management and Budget.

  3. Director, Division of Facilities Management (DFM) shall:

    1. Ensure that the IHS Quarters Management Program and QTIS are developed, implemented, and effectively administered.

    2. Provide an annual IHS projection of quarters rent collections and quarters maintenance and repair obligations to the Associate Director, OEHE.

    3. Ensure that the Chief, Real Property Management Branch, DFM, has management flexibility and support necessary to implement the IHS Quarters Management Program and QTIS.

  4. Chief, Real Property Management Branch, DFM, shall:

    1. Develop, implement, coordinate, manage, and evaluate the IHS Quarters Management Program.

    2. Assist Area RPUMs in establishing and implementing an effective Quarters Management Program that complies with IHS policy.

    3. Establish a quarterly review procedure to ensure effective Area administration of the Quarters Management Program and assure compliance with IHS Quarters Management Program policy.

    4. Develop technical handbooks and standardized documentation systems to implement the requirements of the Quarters Management Program and QTIS.

    5. Provides assistance to RPUMs for the effective implementation of rental rates and other charges generated by the QMIS.

    6. Prepare and submit and annual report of rental collections, obligations and resources forecast to the Director, DFM.

    7. Serve as the principle technical consultant to IHS staff on laws, policies, and regulations applicable to quarters management.

    8. Develop, review and recommend changes to IHS policies, guidelines, and methodologies that affect quarters management.

    9. Represent IHS quarters management interests with the DOI, other Federal agencies, and on the PHS Quarters Management Committee.

    10. Serve as the IHS National Quarters Officer to the Interagency Committees for the Quarters Management Information System and the Alaska Rental Rate Committee.

  5. Area Director shall:

    1. Establish procedures for implementing the IHS Quarters Management Program.

    2. Establish an operational Area quarters management program to be administered by the Real Property Unit Manager (RPUM).

    3. Ensure that collected QR funds are used exclusively for the operation and maintenance of Area quarters.

    4. Establish an Area-wide Housing Committee which functions as outlined in the Quarters Management Handbook, Chapter 1.3C.

    5. Provide management support and training to the RPUM and HO/DOs responsible for quarters management activities.  The specific HO/DO responsibilities are defined in the PHS Quarters Management Handbook, Chapter 1.2, A through I.

    6. Each Area Director with Quarters responsibilities shall dedicate resources for equipment and personnel to implement the Quarters Management Program.

    7. Within 30 days of the effective date for implementing CPI adjustments, the Area Director shall provide written notification to the Associate Director, Office of Environmental Health and Engineering of the satisfactory implementation of adjusted rates and charges.

  6. Real Property Unit Manager (RPUM) shall:

    1. Develop and implement an Area Quarters Management Program and establish procedures which are consistent with IHS and PHS quarters management issuances.

    2. Maintain a current listing of HO/DOs and provide technical assistance to HO/DOs within the Area.

    3. Establish a semi-annual review of each Service Unit's Quarters Management Program to evaluate compliance with IHS policy and procedures.

    4. Serve as principle technical consultant to Area staff on matters relating to quarters management.

    5. Implement and effectively administer the IHS QTIS.  The RPUM shall provide a monthly QTIS report to the Chief, Real Property Management Branch, DFM.  Reports shall be provided to IHS HQ by the 20th of each month.

    6. Implement and effectively administer the QMIS.  The RPUM shall coordinate annual implementation of QMIS rental rates and/or application of the rent series of the U.S. City Average Regional Consumer Price Index (CPI Rent Series) adjustment.  The RPUM shall notify the Area Director of the satisfactory implementation of adjusted rates and charges within 10 days of the effective date for implementation of CPI adjustments.

    7. Determine quarters quality ratings with assistance from Area facilities management staff.  Identify poor or obsolete quarters to be repaired or upgraded within the next fiscal year.  Alternatively, the RPUM shall initiate a Real Property Survey report for disposal action or shall request a space utilization change through the Director, Division of Facilities Management.

    8. Initiate and approve forms HEW-88, Real Property Voucher, required to effect concurrent changes to the PHS Real Property Inventory and the IHS QTIS.

5-13.6  Quarters Management Program Element

Program elements outline the minimum functions to be performed at all Program levels to achieve the objectives stated in paragraph 5-13.3.

  1. Quarters Information/Technical References:  The IHS' objective A is to provide information and technical consultation on quarters management issues.

    1. Legislative and Regulatory Requirements - This section details, in order of descending executive responsibility, the development of Government policies and procedures affecting the quarters rental program.

      1. Public Laws (P.L.) and Statutes

        1. Public Law 88-459, Federal Employees Quarters and Facilities Act, approved August 20, 1964, authorizes Government agencies to provide quarters and related facilities to their employees only where it is determined by the Agency head that necessary service or protection cannot be otherwise rendered, or that inadequate housing exists in the surrounding community.  Public Law 88-459 was enacted as 5 USC 5911, Quarters and Facilities, Employees in the United States (80 Stat. 508).

        2. Public Law 89-554, Government Organization and Employees Act, approved September 6, 1966, and codified and enacted numerous laws as Title 5 of the United States Code.

        3. The Act of June 20, 1874 (18 Stat. 109), as amended, was enacted as 5 U.S.C. 5536, Extra Pay for Extra Services Prohibited [emphasis added] (80 Stat. 484).  This section prohibits the establishment of rents or other charges so as to provide an inducement in the recruitment or retention of employees, or as an inducement to encourage the occupancy of existing housing.  Such action would constitute additional pay or allowances which are prohibited unless specifically authorized by law.

        4. Public Law 98-473, Section 320, established a special account for quarters rent collections and allows funds collected to be used only for the maintenance and operations of IHS quarters.  The Joint Conference Report for fiscal year 1989 Appropriations (August 10, 1988) amended P.L. 98-473, Section 320, removing the additional restriction that QR funds could be used only at the Agency unit or submit where the quarters funds were collected.

      2. Office of Management and Budget (OMB) Circulars - The OMB (and its predecessor the Bureau of Budget) have issued the following circulars affecting the quarters management program.

        1. OMB Circular No., A-18, as revised, sets forth policies for budgeting, planning, and undertaking the construction of federally-owned housing for use in conjunction with departmental program activities.  Transmittal Memorandum No. 1, dated August 23, 1967, revised policies concerning provision of air-conditioned Government quarters.

        2. OMB Circular No., A-45, as revised, sets forth policies and administrative procedures to be used by executive agencies in establishing and administering rental rates and other charges for Government furnished or leased rental quarters and related facilities.

        3. OMB Circular No., A-25, as revised, establishes policy for developing a uniform and equitable system of charges for certain Government services and property.  The provisions of Circular A-25 require a fair market value return to the Government whenever quarters are rented for revenue purposes to the general public pending future official use or disposal action.  The policies of Circular A-25 are not compatible with those of Circular A-45 relative to rental rate establishment.  A separate set 0f procedures must be employed when public rental is accomplished.

      3. HHS Personnel Manual, Instruction 930-2 (4/3/84, Accepting Volunteer Services for Use in Providing Health Care), allows for the provision of government quarters to volunteers in certain limited situations.  Volunteers must be accepted for service and sign a Volunteer Service Agreement pursuant to 45 C.F.R. Part 57 and Departmental Regulations.  See additional assignment criteria in section 5-13.6B(2)

      4. PHS Quarters Management Policy and Guidelines - By delegation dated October 12, 1977, the Assistant Secretary for Management and Budget/Office of the Secretary, HHS vested in the Assistant Secretary for health (ASH) the authority to manage PHS-controlled quarters.  On November 9, 1977, the ASH delegated, to the IHS, authority to manage PHS-controlled quarters within its jurisdiction.  This authority includes:  the determination that quarters are adequate; the designation of quarters; the determination of reasonable rental value of quarters; and the determination of which officers or employees shall be required to occupy quarters.

        1. The PHS Quarters management Handbook establishes guidelines relative to planning, acquisition, and administration of all PHS-controlled quarters.

        2. The IHS policy and procedures, consistent with PHS policy, are specified in this Chapter and will be supplemented as necessary through IHS Manual Circulars.

    2. Rental Rate Implementation Procedures under QMIS

      1. The Memorandum of Understanding between the IHS and DOI establishes cooperative management activities and guidelines for uniform rental rates and utility charges for Government employees through the DOI Quarters Management Information System.  Currently, the agreement enables the establishment of rental rates and other charges for IHS quarters in every State except Alaska.

      2. Rental rates charged for Government quarters will be adjusted annually by application of the CPI Rent Series maintained by the Bureau of Labor Statistics, Department of Labor.  An exception to the CPI adjustment id permitted when a resurvey or new base rates are to be established before August 1.

      3. At 5-year intervals or when the base rental rate for the quarters has been increased by 40% through application of the CPI Rent Series, the DOI will contract for a regional survey (i.e., appraisals) of comparable housing.  The rental rates for IHS quarters are developed by application of the appraisals with adjustments for location, amenities, furnishings, and basic house design.  Base rental rates and charges for utilities are set at the prevailing rate for comparable private housing in the same general area as the rental quarters.

      4. IHS Areas, excluding Alaska, are not authorized to conduct or to contract for individual surveys or appraisals in regional Survey Areas.

      5. Employee-tenants or representatives of employee organizations may not accompany the DOI contractor/appraiser conducting a survey of private rental market comparables.

      6. Each RPUM is charged with providing information concerning IHS controlled quarters in the proper format (Government Quarters Inventory Form DI-1857), to the Chief, RPMB/DFM for subsequent inclusion in the QMIS.  Prior to a regional resurvey, bureau if Reclamation/DOI will provide four computer printouts covering current IHS quarters inventory information.  These printouts are:

        1. Physical and Locational Data (Q1)

        2. Utility and Energy-Related Features Report (QUTILITY)

        3. Quarters Adjustments Based on the New OMB Circular A-45 (MILEAMEN)

        4. Furniture and Appliance Report (FURNAPPL)

          The Printouts must be corrected to assure that the inventory accurately reflects the age, condition, location, utilities, furnishings and other significant factors of the IHS quarters.

      7. Bureau of reclamation sponsored QMIS Training and New Rate Implementation - The DOI provides training for new rental rate implementation at a central location within each Regional Survey Area.  It is expected that the RPUM and Area staff involved in quarters management and rental rate implementation will attend the training sessions for their survey region.  It is especially important that RPUMs become thoroughly familiar with the rent setting process to effectively administer rental rate implementation and potential appeals.

      8. A copy of the criteria and procedures followed in establishing the rental rates, utilities, furnishings, and services charged for quarters, shall be provided to quarters occupants, upon request.  Area conducted pre-survey and post-survey meetings with employees are recommended as an effective means of ensuring full disclosure and understanding of survey actions.  Employees should be afforded an opportunity, individually or through employee organizations, to have their rate-making process.

      9. Rental Rate Reconsideration Procedures - When the 30-day notice of a rental rate change is issued, occupants of IHS quarters shall be provided an appeals notice and informed of their right to request reconsideration of rental rates, adjustments, or other charges.  A request for reconsideration shall be filed with the RPUM within 20 days following receipt of the notice of change in rates.

      10. Employee Requests for reconsideration under QMIS - A request for reconsideration, the first step in the appeal process, shall be initiated by the employee whenever it is believed the quarters have been improperly classified or rates have not been established properly.  It is a written request for reconsideration of one or more specific aspects of the rate establishment process.  Examples might include:  1) mathematical errors, 2) choosing the wrong request established community as a basis for measuring the isolation adjustment, 3) inaccurate furnishings charges, 4) quarters quality ratings higher than warranted, and 5) incorrect are or square footage calculations.  Generalities relating to high rental rates are insufficient factors for the basis of a request for reconsideration or a subsequent appeal.

      11. After receiving a request for reconsideration, the RPUM will re-examine all quarters data provided to DOI for establishing the base rental rate.  Consultation with the Bureau of reclamation/DOI should clarify any items which might substantiate an employees request for reconsideration.

      12. The filing of a request for reconsideration shall not serve to delay implementation of the revised rental rates.  However, the employee shall be credited with whatever overpayment, if any, resulted during the period from the date the rental increase became effective to the date the rate is modified.

      13. If an error has been made, the RPUM shall take prompt action to correct the error and adjust the amount due and any overpayment or underpayment.  If there was no error and the RPUM agrees that application of OMB Circular A-45 provisions has resulted in illogical rates that may warrant an appeal, the RPUM shall prepare a written report covering the facts of the case and provide recommendations for resolution.  The report shall be submitted to the Director, DFM for subsequent determination and possible formal appeal to the Director, IHS, to PHS, to DHHS, and finally, to the OMB.

      14. The RPUM shall issue a decision on a Request for Reconsideration within 30 days of receipt.  The failure of the RPUM to issue a decision within 30b days of receiving a Request for Reconsideration shall be deemed a decision of denial, and grounds for appeal.

      15. An appeal is a written request by the employee for an examination of the issues raised in a Request for Reconsideration.  Only a government employee (not other occupants) may appeal the RPUMs decision to the Director, IHS within 20 days of the receipt of notice of the decision.

  2. IHS Quarters Designation Policy and Procedures:  The IHS' objective B is to provide procedures for the effective implementation of IHS quarters management policies.

    1. IHS Quarters Designation Policy and Procedures

      1. All quarters under IHS control and management shall be specifically designated as belonging to on eof the following categories:  (1) Rental Quarters, or (2) Transient Quarters.

        1. Rental Quarters - housing intended for occupancy on a year-round basis, shall be designated rental quarters when any one or more of the following criteria exist:

          1. Quarters are required to house key personnel who are incumbents of positions essential to the continuity of necessary services or the protection of Government property.

          2. Quarters are required to accommodate students and/or interns for periods of more than 90 days.

          3. Quarters are required to accommodate employees who are subject to call during off-duty hours, or whose hours of duty require nearby residence, and adequate private housing is not available in the community.  In such cases, it must be positively established that necessary services cannot be maintained or property protected if the personnel for whom housing is to be provided are permitted to live away from the station.

          4. Quarters are needed to house personnel who are required in support of the program and for whom sufficient private housing is not available within 1 hour travel time (one way) by public or private transportation.

        2. Transient Quarters - Quarters units which are intended for short-term occupancy of less than 90 days, shall be designated as transient quarters.  Generally, transient quarters are fully-furnished and include furniture, linens, appliances, etc.  The actual number of quarters set aside and designated for transient use, shall be based upon a demonstrated need to accommodate official visitors, guests, volunteers, short-term employees and contractors, and other transient personnel.  (See OMB Circular A-45, Section 7c(4)(a).)

          1. Transient quarters must be designated for transient use.  DO/HOs may not change transient quarters designations to permanent, rental quarters, without the approvals of the RPUM and the Director, Division of Facilities Management, OEHE/IHS.

          2. Occupants of transient dormitory-type quarters shall be charged for rent, utilities, and other charges, by applying the daily dormitory rate.  In the case of transient apartments or family quarters, rates are established by prorating the monthly rate into a daily or weekly rate for the term of occupancy.  Additional charges for furnishings, housekeeping services, and utilities shall be prorated as well.

          3. When an IHS or contractor's employee will be assigned to a transient unit for 1 month or longer, payroll deduction will be the method of collection.

        3. Quarters Designation - Based upon authorities delegated by the ASH, the Director, IHS may designate quarters as public, rental, or transient quarters.  Permanent staff housing designation as public quarters must be set aside for exclusive occupancy, without charge, by Commissioned Corps personnel.  Because IHS quarters were not constructed as public quarters there is no requirement that they be reserved for the Commissioned Corps.

          Under IHS policy, all IHS quarters, other than those units set aside for transient use, were designated as rental quarters effective October 1, 1988.

      2. The IHS rationale for providing Government housing is based upon the absence of an adequate, private housing market and/or the determination that necessary services or adequate protection of Government property cannot be satisfactorily accomplished without essential staff housing on-site.  The IHS constructs housing units to meet the Agency's primary need to provide housing for essential staff in close proximity to its health care facilities.

        The IHS justifies the number of government quarters it constructs by establishing the minimum staffing complement required on-site to provide necessary services and by its determination that there is a present and prospective lack of available government and private housing within a reasonable commuting distance of the IHS installation.

    2. IHS Quarters Assignment Policy

      It is IHS policy to identify those positions in which the incumbent is a "required occupant", i.e., one whose services are determined necessary to provide continuity for the IHS health care program.

      It is IHS policy to include, for all positions in which the incumbent is a "required occupant", a clause in the position vacancy announcement to inform potential applicants of any on-site residency requirements.  Quarters occupancy, as a condition of employment, shall be clearly stated.  Applications for such positions must include a certification by the applicant accepting assignment to rental quarters as a condition of employment and acknowledging understanding of this fact.

      The requirement to occupy Government quarters shall be made a part of the employee's position description or billet as a condition of employment.

      Each Service Unit Director will identify the positions whose incumbents constitute the minimum staffing complement necessary to ensure continuity of services and protection of property at each installation.  To meet the criteria for classification as an employees required to occupy on-site housing, the employee must be engaged in an activity related to the protection of human life and/or Federal property and must be subject to frequent call-back or emergency overtime duties.

      Also, when Government furnished quarters are located at a distance greater than 1 hour normal travel time from the nearest established community, the Service Unit Director may require occupancy to ensure availability of employees to meet service or protection requirements.

      1. Assignment Priority

        Quarters will be provided to those civilian employees and commissioned officers who are designated "essential" personnel.  These employees are required to live on station to maintain the continuity of health care services or to provide Federal property protection on a 24-hour basis.

        In other limited circumstances, Government housing may be provided to employees because of the remoteness of the worksite for available private sector housing.

      2. Assignment of Volunteers to Government Quarters

        To ensure consistent implementation of DHHS policy, PHS quarters may be provided to volunteers only when the DO/HO determines the following:

        1. The volunteer is part of a bona fide Volunteer Service Program designated for providing health care.

        2. In case of emergency or when necessitated by the special nature of the volunteer assignment, quarters may be furnished temporarily at no charge to volunteers.

          1. Temporary assignment to government quarters normally may not exceed 1 year.

          2. The volunteer cannot reasonably provide his/her own housing, and

          3. The installation is located in an area sufficiently remote, necessitating assignment to government housing.

        3. The volunteer has signed a volunteer service program agreement which describes the services to be provided by the volunteer and term of appointment.  Volunteers will be authorized to serve by a letter of authorization signed by an authorized Department official.  The term of appointment and termination must be documented on form SF 50-B, in accordance with FPM Supplement 296-33, Subchapter 33.

        4. Quarters may be assigned to volunteers only when available units are not required by regular employees assigned to the installation.

        5. Neither the volunteer nor any immediate member of the volunteer's family (residing in government furnished quarters) is already a government employee.

        6. A copy of the letter of authorization must be appended to the PHS-6070A and forwarded to DFM/OEHE.

      3. Rental Deductions for Income Tax Purposes

        Whenever the DO/HO determine that all of the following conditions have been met, quarters rental payment (including charges for Government-furnished utilities) may be excluded from gross income by the employee for income tax purposes in accordance with Income Tax Regulations, Section 1, 119-1 (b) (amended July 8, 1964), by Treasury Decision 6745):

        1. Lodging is furnished on the business premises of the employer at the place of employment; and

        2. Lodging is furnished for the convenience of the employer.  The primary consideration is that such lodging is necessary to permit employees to perform their jobs properly; and

        3. Employees are required to accept such lodging as a condition of employment.  The condition need not contractual, but must be necessary for proper performance of the employee's job, (e.g., employee on 24-hour call, or because available housing is greater than 1 hour travel time from the Government installation.

    3. Procedures for the Collection of Rents and Other Charges

      1. All occupants, with the exception of approved volunteers, of IHS quarters shall be assessed charges for rent, services, and utilities in accordance with revised OMB Circular A-45, "Policy Governing Charges for Rental Quarters and Related Facilities."

      2. All IHS quarters occupied by permanent staff shall be designated rental quarters and provided on a rental basis.

      3. Commissioned officers hired as required occupants shall occupy permanent rental quarters and shall receive Basic Allowance for Quarters and Variable Housing Allowance, if applicable, with a rent offset.  Additionally, each Commissioned Corps occupant shall be required to pay for utilities and other services in the same manner as prescribed for Civil Service employees, contractor's employees, transients, etc.

      4. Transient quarters designations shall be made by the official having delegated authority to make such determinations.  All quarters which meet the criteria outlined in Section 13.6 B(1), shall be designated transient quarters and may be assigned for periods of up to 90 days.  Rents (including charges for utilities, furnishings, etc.) shall be assessed on a daily, weekly, or monthly basis through payroll deduction or station collection and will be deposited to the QR account.

      5. Full rental charges will be assessed even when rental quarters have been determined substandard or obsolete by appropriate authority.  The actual condition of a quarters unit is taken into consideration when rental rates are established under the QMIS or Alaska Interagency Rental Rate Committee rent setting procedures.  Both systems determine rental rates for all units based upon location, size, standards of construction, and condition.

        NOTE:  HO/DOs may not permit occupancy of substandard/obsolete quarters without obtaining the prior written approval from the Director, DFM/IHS.

      6. Area Directors and Service Unit Directors shall ensure proper procedures are implemented to make appropriate collections through payroll deduction.  Any payments which must be made through station collection are to be deposited into the QR account and reported to the Division of Resources Management, Office of Administration and Management, IHS Headquarters, on a monthly basis.

      7. Government quarters may be assigned to contractors or similar non-government persons when it is determined that occupancy by such individuals is in the best interests of the Agency.  In such cases it must be positively demonstrated that the objectives of the Agency cannot be met if the persons for whom the quarters are provided are permitted to live away from the station.  In all cases, charges for rent and utilities will be assessed through a regular weekly or monthly station collection or through a contract offset.  A copy of the authorization for contractors to occupy quarters (Schedule DFM-Q1) must be appended to form PHS-60070A, Quarters Assignment and Acceptance Agreement and forwarded to DFM/IHS (See Exhibit 1).

      8. Quarters may be reserved for the expressed use of contractors whose presence on-site is required for continuity of service, but, Area Directors must ensure that proper rents are established and collected by station collection or through a contract offset.  When quarters are reserved exclusively for contractor use a contract for service and a contract offset is applied, appropriate charges for quarters will be assessed regardless of occupancy or non-occupancy of individual units.  HOs must complete schedule DFM-Q1, Request for Assignment to IHS Quarters, as well as form PHS-6070A. Copies of both documents shall be forwarded to the Area RPUM and to DFM/OEHE.  The SUDs and Area Directors shall ensure that quarters fees offset from the contract are credited to the QR account from contract funds on at least a quarterly basis.

      9. Area Directors shall ensure that collections are made through payroll deduction for every employee assigned to quarters and that the amounts deducted are appropriately deposited into the QR account.

      10. Service Unit Directors shall ensure the collection of charges for rent from occupants of the IHS quarters, except for approved volunteers.

      11. Area Directors and Service Unit Directors will take additional steps to ensure the proper disposition of station collections for rents received fro transient tenants.  Station collection is permitted only for non-employee occupants and employees on temporary duty (TDY) assignments for less than 6 weeks.

      12. Area Directors shall ensure that P.L. 93-638 contracts conform to IHS, PHS, and Federal policies and procedures for the operation and maintenance of IHS quarters.

    4. Management of IHS Quarters by PL. 93-638 Contractors

      1. All housing units shall be operated and maintained in a safe and sanitary condition at all times.

      2. Terms and conditions of operation and maintenance by the contractor shall be in accordance with an Operation and Maintenance Contract negotiated between the contractor and the IHS contracting officer prior to execution of the contract.  Such operations and maintenance contract shall be in accordance with the required IHS program requirements for operation and maintenance as set forth in the IHS Manual Chapter 9, and any supplemental Area instructions for maintenance management.  It shall, at a minimum, include:  (1) an annual work plan for the routine operation and maintenance of the facilities ; and (2) a facilities engineering deficiencies report.

      3. Generally, contractors operating Federal quarters will implement charges for rental rates and related facilities in accordance with regional surveys performed by the QMIS or the Alaska Interagency Rental Rates Committee.

        1. Rates shall be provided by the Area contracting officer to the contractor at least 45 days prior to the implementation date.  Rental rates and utility charges are subject to change during the term of the contract and any adjustments, implemented according to applicable laws and regulations, will be provided to the contractor by the contracting officer.

        2. When Government-owned quarters are used by the P.L. 93-638 contractor to house other than Government or contractor employees working on such contract, rental charges for such units shall be the full fair market value as established by the Government.  Administrative adjustments, such as those for isolation or lack of amenities, shall not be use to reduce the rates below such fair market value.

        3. When Government or contractor's employees occupy quarters owned by the Federal Government, whether or not provided to the contractor in connection with an Indian Self-Determination contract, charges for rents, elated facilities, and sub-metered utilities shall be collected through payroll deduction.

      4. If a contractor wishes to contract to establish rental rates for IHS owned or leased quarters, the contractor must hire an independent appraiser to perform an appraisal of the year-round private housing market and comparable Government housing.  Area QR funds cannot be used for independent appraisals or surveys.

        1. Appraisers must apply recognized real estate valuation principles, the requirements of OMB Circular A-45 and other applicable statutes and regulations.

        2. Information collected by the appraiser and used to establish appraisals, comparables, and recommended utility rates or other charges shall be reviewed by the IHS Area Office and the Director, Division of Facilities management, IHS/HQ.  The Director, Division of Health Facilities Planning, PHS must review and approve new rates prior to implementation.  The review and approval by the Director, DHFP will assure that the rates are fair and reasonable, and that they were developed in Circular A-45 and the PHS Quarters Management Manual.

    5. Quarters Collections Management by Contractors

      1. Contractors have an option of participating in the Quarters Return Fund, an aggregate of funds collected within each Area and reserved for the operation and maintenance of government quarters in that Area.

        Contractors are required to:

        1. Return all rents and other charges made through station collection or contractor's payroll deduction to the Area for inclusion in the QR account.

        2. Provide forms PHS-6068, PHS-6069, PHS-6070A and PHS-6070B to the Area RPUM as necessary for the Area management to prepare its monthly report to HQ for the IHS Quarters Tracking Information System.

        3. Operate and maintain quarters consistent with the Area facilities management program.

        4. Prepare an Annual Work Plan identifying the projected and obligated expenditure of QR funds.

        5. Receive IHS approval of its Annual Work Plan.

      2. If contractors do not participate in the QR Fund, quarters rental receipts collected by the contractor may be retained for the operation and maintenance of quarters at that installation.

        1. All quarters rental receipts collected by contractors shall be deposited into an contractor-managed, separate bank account and applied only to the operation, maintenance and management of such quarters; such funds (and accrued interest) shall remain available for such functions until expended.

        2. On a quarterly basis, contractors may draw from the IHS Area Quarters Return fund only such funds as were actually collected from Government employees through payroll deduction, and which have been transferred from the Headquarters account to the Area.  Copies PHS forms-6070A, PHS-6070B and payroll deduction receipts are required to substantiate amounts deducted from Government employees.

    6. IHS Policy and Procedures for the Provision of Utilities at Government Quarters

      Service Unit Directors and Area Facilities Engineers shall coordinate efforts to ensure that each permanent housing unit is metered for electricity, gas, water, etc.  Vendor supplied heating fuel shall be billed to the occupant directly.  Plans for metering and/or requests for exceptions shall be accomplished during FY 1989.  Exceptions to metering of individual units must be documented adequately and approved by the Associate Director, OEHE, IHS.

      Certain fuels (wood, oil, propane, etc.) and other services are infrequently procured in bulk by the Government and delivered to individual tenants.  The Government shall individually re-bill tenants within 2 weeks for such deliveries.  Service Unit Directors shall ensure that accounting practices correctly credit the appropriate accounts.

  3. Quarters Utilization Policy and Procedures:  The IHS' objective C is to provide the minimum number of quality housing units to house essential employees efficiently and effectively.

    1. Assignment Criteria and Condition.

      1. The standards below shall be used for determining the suitability of a quarters unit for the intended occupant(s):

        1. Both the interior and exterior quarters condition must be rated at least "fair."  (See Quarters Quality ratings)

        2. The unit must have enough bedrooms to enable adults and children to occupy separate bedrooms.  There must be at least 50 net square feet of bedroom area for each occupant.

        3. For an employee with a male child and a female child, the unit has 3 bedrooms, if the eldest child has attained the age of 3-1/2 years.

        4. For families of four - the unit has 3 bedrooms; 1-1/2 or 2 baths; and 960 net square feet for an apartment or 1300 net square feet for a house.

        5. For families of five the unit has 3 or 4 bedrooms; 2 baths; 960 net square feet for apartment or 1300 net square feet for a house.

        6. For families of six the unit has 4 bedrooms; 2 baths; 1190 net square feet for an apartment or 1670 net square feet for a house.

    2. Quarters Quality Ratings -  Interior and exterior quality ratings are required to forecast maintenance and repair priorities and to implement equitable rates under the QMIS.

      Each quarters unit shall be evaluated as to its interior and exterior condition.  This evaluation shall be made each time the unit is reconditioned and/or made available for occupancy.

      Occasionally, unforeseen incidents will require a change in the quality rating during the term of occupancy.  Changes of rating due to an occupant's negligence and/or willful destruction however, is not permitted.

      The quarters quality rating will be evaluated and established as follows:

      1. Excellent - Like new.

      2. Good - In good condition, requiring minimum maintenance and no repair.  Examples include touch-up painting, small tears in screens, and other items requiring minimum disruption to occupants and minimum expense to correct.

      3. Fair - Needs minor maintenance and/or minimum repairs.  Examples include worn/stained carpeting, minor foundation cracks, and early signs of reversible deterioration.

      4. Poor - Needs major repairs; substantial deferred maintenance evident.  Examples include leaking roof and cracked foundation walls which allow infiltration by rodents and insects.

      5. Obsolete/Substandard - Condition is such that quarters are not fit for human habitation; major health and safety violations are evident.  Quarters may not be assigned without prior written approval of the Director, DFM.  (See PHS Quarters Management Handbook, Chapter 6.)

        NOTE:  The condition of a unit, not its age, is the basis for its rating.  It is entirely possible for an eighty-year old dwelling to be in "excellent" condition.

    3. Quarters Construction Policy -  When considering whether to construct additional quarters the following issues/documentation items must be addressed:

      1. New construction projects must be developed in accordance with the IHS Quarters Priority System and approved by the Associate Director, OEHE.  This requires an analysis if existing quarters occupancy, condition, future program requirements, staffing patterns, accessibility/remoteness factors etc.

      2. The PHS Quarters Management Handbook, Chapter 8, provides guidance, based upon OMB Circular A-18, for determining the size and design of Government housing.

    4. Quarters Maintenance and repair Program

      1. The RPUM will coordinate with Area facility managers to assure that quarters are safe and maintained in good repair.

      2. Quarters deficiencies will be noted on Deficiency Checklists, PHS-6068, pages 1 and 2, and action will be taken to include quarters maintenance and repair projects in the Area Annual Facilities Workplan.  This plan is to be prepared annually and is due by August 1.

      3. The RPUM will ensure that QR funds will be used only for the operation, maintenance and repair of quarters units.

      4. Before the initial assignment of poor or substandard/obsolete quarters the RPUM must obtain approval from the Director, DFM/OEHE.

      5. Any quarters unit designated in "poor" or "substandard/obsolete" condition will be repaired and upgraded to at least fair condition within 1 year from the date of such designation.  Otherwise, disposal action or reclassification will be initiated.

    5. Quarters Management Forms and Schedules -  The following forms and schedules are to be used for IHS quarters managment:

      1. DFM-Q1 - Request for Assignment to IHS Quarters (Exhibit 1)

      2. DFM-Q2 - Quarterly report of QR Funds Expenditures and Obligations (Exhibit 2)

      3. PHS-6068, pages 1 and 2 - Quarters Deficiency Checklist (Exhibit 3)

      4. PHS-6069 - Quarters Rental Rate Record (Exhibit 4)

      5. PHS-6070A - Quarters Assignment and Acceptance Agreement (Exhibit 5)

      6. PHS-6070B - Quarters Termination Record (Exhibit 6)

      7. Excessive Heating/Cooling Justification (Exhibit 7)

      8. Amenities Schedule (Exhibit 8)

      9. HEW-88 - Real Property Voucher (Exhibit 9)

      10. DI-1875 - Government Quarters Inventory Form (for QMIS) (Exhibit 10)

  4. Quarters Tracking Information System:  The IHS' objective D is to maintain reliable quarters occupancy and rental collections data through the use of the IHS QTIS.

    1. System Description - The IHS is a tool designed to enhance the management of IHS rental quarters responsibility.

      1. The QTIS is a computerized inventory, managed by the RPUM in each Area with quarters responsibility

      2. Base inventory data is maintained by the Real Property Management Branch, Division of Facilities Management, OEHE (IHS Headquarters).

      3. The following inventory data elements will be traced:

        1. Building Inventory Data

        2. Rental Rate Data

        3. Tenant/Assignee Information

        4. Quarters Condition

        5. Occupancy/Non-Occupancy Term

    2. Monthly RPUM Reporting Requirements

      1. The RPUM is responsible for QTIS monthly updates for rental rates, assignee/tenant data, vacany data, and quarters condition.

      2. Changes to Building Inventory Data must be coordinated with Real Property Management Branch, DFM/OEHE.

      3. A copy of the RUNTIME floppy disk will be updated and forwarded to DFM/OEHE by the 15th of each month.  The RPUM will keep a copy at the Area Office to enable mid-month updates.

    3. Reports Management -  The following QTIS utilization and maintenance reports may be generated at the IHS Area level:

      1. Detailed report of buildings, quarters units, square footage, rental rates, assignee/tenant data, condition values; summary data by Service Unit; and Area totals;

      2. Rent Collections Forecast;

      3. Quarters Condition Summary by Service Unit and Area totals;

      4. Tenant Information Summary by Service Unit and Area;

      5. Occupancy/Non=Occupancy Summaries (historical).

  5. Management of Funds and Resources:  The IHS' objective E will provide guidelines for the management of resources generated by and required for the Quarters Management Program.

    1. Use of Quarters Return (QR) Funds

      1. Section 320, P.L. 98-437, dated October 12, 1984, provides for the establishment of an IHS Quarters Return account.  It requires that rents and charges collected from quarters occupants shall be deposited in a specific fund, to remain available until expended, for the maintenance and operation of the quarters.

      2. The QR account will be centrally managed by the Financial Management Branch (FMB), Division of Resources Management, OAM/IHS.  Any QR funds acquired by station collection will be forwarded to FMB/DRM on a monthly basis.

      3. The annual IHS expenditure for the Quarters Management Information System, administered through the interagency Memorandum of Understanding with the Department of Interior, is paid by the Division of Resources Management.  This expenditure is prorated from Area accounts based upon the number of quarters in the Area qualifying for Survey.

      4. It is IHS policy that QR funds will be returned to the Area Office(s) from which they were collected.  Up to 10 percent of funds collected in any Area may be transferred to another Area at the discretion of the Director, IHS.

      5. QR funds may be expended only for:

        1. maintenance and repair or quarters;

        2. quarters appliances, furnishings, etc.;

        3. alterations of quarters;

        4. overhead directly associated with the Quarters Management Program.

      6. Each Area RPUM shall ensure that personnel with quarters management responsibility shall be afforded adequate training to implement the Quarters Management Program.

        1. QR funds may be expended to provide QMIS training for Area personnel, when Area quarters are included in a Regional Survey.

        2. QR funds may be expended to allow personnel participation at quarters management conferences/workshops sponsored by IHS Headquarters.

    2. QR Funds Reporting Requirements

      1. A quarterly report of QR expenditures and obligations shall be prepared by the Area Facilities Engineer/Manager and provided to the Director, Division of Facilities Management, OEHE no later than 15 days after the end of the quarter (e.g., October 15, January 15, April 15, and July 15).

      2. The quarterly report shall be prepared using the format supplied in Exhibit 2, "Quarterly Report of QR funds Expenditures and Obligations".

5-13.7  SUPERSESSION

This Chapter is an initial issuance to the IHS Manual.


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