6:22 pm, April 25, 2015

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  • BRAC deadline NOT extended
    Don Carr
    Below are key points to keep in mind: The memorandum does not extend the BRAC relocation deadline and has no effect on BRAC relocation requirements. The Department has a legal obligation and a plan in place to close and realign all installations, as recommended by the BRAC Commission, by September 15, 2011. The following information is provided in an effort to clarify the apparent point of confusion. In 2003, in an action that was completely separate from the BRAC 2005 effort, the Department issued guidance (in the Unified Facilities Criteria or "UFC") directing that lease renewals or extensions after September 30, 2009, must meet specified DoD antiterrorism standards. Any DoD lease extended or renewed after that date must meet these standards, or the DoD tenant must relocate to other space that complies with the standards. This UFC provision applied to all DoD leases. It did not make any distinction between leases where the DoD tenant(s) in the leased space are affected by BRAC, and leases where the DoD tenant(s) are not affected by BRAC. The DoD component with responsibility for leases in the National Capital Region (Washington Headquarters Services) recently asked for deferral of this UFC deadline, for lease renewals or extensions that include BRAC-affected organizations, because enforcing the UFC deadline in those cases could require those organizations to move twice: once when their lease expires (if the existing leased space does not meet the DoD antiterrorism standards), and again when their receiving facilities are completed, but not later than the BRAC deadline of September 15, 2011. In order to avoid the mission disruption and waste of resources that could come with any double move, the DoD memorandum authorizes a deferral of the applicability of the DoD antiterrorism standards for leases in the National Capital Region with BRAC-affected tenants. This enables renewal or extension of those leases to occur after September 30, 2009, even though the leased space might not meet the DoD antiterrorism standards. The memorandum simply extends the deadline for certain leases to comply with the DoD antiterrorism standards. Allowing the term of those lease extensions to run until September 2014 recognizes that some leases with BRAC-affected tenants also have non-BRAC tenants that do not have to move by September 2011, allows time for orderly lease termination activities, and also provides affected landlords additional time to decide whether to invest in refitting their buildings to meet the antiterrorism standards. Deferral of the UFC deadline applicable to lease extensions and renewals does not change the statutory BRAC deadline of September 15, 2011, nor does it authorize any organization affected by BRAC to exceed that deadline. Every organization required by BRAC 2005 to move to Ft Belvoir or any other location will do so by the statutory deadline.
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