Best Practices in Leasing Schedule 36

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Federal Acquisition Service U.S. General Services Administration Best Practices in Leasing Schedule 36 Gary Haag, Ryan Mathews, Shannon Stanford Integrated Workplace Acquisition Center June 9, 2009

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Best Practices in Leasing Schedule 36. Gary Haag, Ryan Mathews, Shannon Stanford Integrated Workplace Acquisition Center. June 9, 2009. Overview Office of Management and Budget (OMB) Guidelines Lease Types and Examples Time Periods and Funding Continuance of a Lease Monthly Payments - PowerPoint PPT Presentation

Transcript of Best Practices in Leasing Schedule 36

Page 1: Best Practices in Leasing Schedule 36

Federal Acquisition Service

U.S. General Services Administration

Best Practices in LeasingSchedule 36Best Practices in LeasingSchedule 36

Gary Haag, Ryan Mathews, Shannon StanfordIntegrated Workplace Acquisition Center Gary Haag, Ryan Mathews, Shannon StanfordIntegrated Workplace Acquisition Center

June 9, 2009June 9, 2009

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Federal Acquisition Service

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Table of Contents

Overview Office of Management and

Budget (OMB) Guidelines Lease Types and Examples Time Periods and Funding Continuance of a Lease Monthly Payments Add-on Items Maintenance and Installation

Termination of Lease Uninterrupted Use Title Loss or Damage State and Local Taxes Dos & Don’ts The Lease Document

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Overview

Schedule 36 Solicitation, Refresh #14 Leasing Terms Responsibilities of each party

Intent of the Lease

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Office of Management and Budget (OMB) Guidelines

Customer Agency Requirements FAR 7.4 Equipment Lease or Purchase Anti-Deficiency Act

OMB Circular A11 – Preparation and Submission of Budget Estimates

OMB Circular A34 – Instructions on Budget Execution

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Lease Types and Examples for Copiers and Equipment Lease-to-Ownership Plan (LTOP), Special Item Number (SIN) 51-

58 (Capital Lease) Sales for Fiscal Year (FY) 2008 = $48,318,942

Operating Lease Plan for Copiers, SIN 51-58a Sales for FY 2008 = $36,467,442

Operating Lease Plan for all other products under Schedule 36, SIN 51-58b Sales for FY 2008 = $70,573

Lease Alternative Rental

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Lease-to-Ownership Plan (LTOP), Special Item Number (SIN) 51-58 (Capital Lease) Title Includes Installation and Training Does not include Maintenance and consumable supplies

SIN 51-57 – Maintenance Service Agreements (Copier) SIN 51-100 – (supplies)

Payment of LTOP Calculation Principal, Interest, Term

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Operating Lease Plan for Copiers, SIN 51-58a Residual Value Payment of Operating Lease Calculation

Principal, Interest, Term

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Time Periods and Funding

Varies per contractor Minimum 24 months or 2 years Maximum 60 months or 5 years

Annual All leases end on September 30th

Multi-year

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Continuance of Lease

Lease with Annual Funding automatically terminates at end of Government Fiscal year

Written notification to contractor thirty (30) calendar days prior to the lease expiration

Intent to renew lease

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Monthly Payments

Variables Principal: Negotiated purchase price Term: Length of lease Lease Factor: Interest rate applied to the principal

– Negotiated Residual Value

Payment chart never changes Operating Lease

Principal of Operating Lease = Principal – Residual Value LTOP Calculation

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LTOP Calculation

Calculating the Monthly Payment for LTOP using Microsoft Excel

MONTHLY PAYMENT

Principal (purchase price) = $20,000

Term (in months) = 48

Lease factor (interest rate) = 9.50%

Monthly Lease Factor (Lease Factor/12) 0.79%

Monthly Payment = $502.46

=PMT(D9, D5, -D3)

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Add-on Items

Modification of existing leased equipment Mutually agreed upon by the ordering agency and the

Contractor Payment of modification

Full price upon acceptance Coterminous with the original lease term

(Coterminous is defined as the addition of equipment and it shall terminate with the original/base equipment lease.)

Modification calculations for LTOP and Operating Lease

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Lease Modification Calculations (add-ons)

Calculating the Modification Cost using Microsoft Excel

MODIFICATION

Principal (purchase price) = $1,000

Term (in months) = 19

Lease factor (interest rate) = 0.63%

Modification Cost = $55.98

=PMT(D7, D5, -D3)

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Maintenance and Installation

SIN 51-57 – Maintenance Service Agreements (Copier)

SIN 51-100 – (supplies) Separate Line Item Maintenance and supplies are subject to the

Economic Price Adjustment (EPA) clause Maintenance coverage charges

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Termination of Lease

When the customer can cancel their lease (without early termination ceiling charge) No longer have a bona-fide need

– Documentation Non-appropriation

When the customer can cancel their lease (will incur an early termination ceiling charge) Termination Ceiling Rate

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Termination Ceiling Charge Calculation

Calculating the Termination Ceiling Charge using Microsoft Excel

TERMINATION CEILING CHARGE

Principal (purchase price) = $20,000

Term (in months) = 48

Lease factor (interest rate) = 9.50%

Monthly Lease Factor (Lease Factor/12) 0.79%

Termination Ceiling Charge = $502.46 =PMT(D9, D5, -D3)

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Uninterrupted Use

Equipment will remain with customer until the expiration or early termination of lease Contractors continued obligation to the government

regardless of:– Assignment– Sale– Bankruptcy– Other transfer of the leased equipment

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Title

Equipment remains property of the Contractor For LTOP

Title transfers from Contractor to Customer after final payment

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Loss or Damage

Government is relieved from all risk of loss or damage, exceptions: When loss or damage is due to the fault or

negligence of the Government. Government assumes responsibility during

relocation of equipment.

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State and Local Taxes

Federal, State and Local Taxes are not included in the contract price

Contractor shall state taxes separately on its invoices The Government will pay taxes unless they provide

evidence of exemption (FAR 52.229-1) State and Local Taxes; (FAR 52.229-3) Federal, State and Local Taxes

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Dos & Don’ts

Do’s Provide documentation

reason for early termination

Include the termination ceiling charge on purchase order

Prepare for the continuance of the lease

Don’ts Cancel the lease to

exchange for a similar piece of equipment

Delay in obtaining the appropriation of funds

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The Lease Document

Mandatory items to include: Cage Code Serial Number PO/Invoice/Delivery Order Term in plan Effective date LTOP or Operating Lease SIN

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PO/Invoice/Delivery Order Sample

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Contact Information

Gary Haag [email protected] (703) 605-2786

Ryan Mathews [email protected] (215) 446-5793

Shannon Stanford [email protected] (215) 446-5058