The purpose of this chapter is to establish the policy, procedures and guidelines for the use of Operating Funds to construct a temporary facility. These facilities are to be constructed only in response to urgent, compelling, mandated, or emerging health risks that cannot be satisfied in an existing NIH owned or leased facility.

This chapter applies to all NIH ICO’s located on but not limited to: Bethesda, Maryland; NIH Animal Center (NIHAC), Poolesville, Maryland; Frederick National Laboratory for Cancer Research, Frederick, Maryland; National Institute of Environmental Health Sciences (NIEHS), Research Triangle Park (RTP), North Carolina; and Rocky Mountain Laboratories (RML) Hamilton, Montana campuses.

The United States Government Accountability Office (GAO), Principles of Federal Appropriations Law, provides guidance for construction of temporary facilities.

As an Operating Division (OPDIV) of the Department of Health and Human Services (HHS), the NIH must also comply with the Office of Management and Budget (OMB) Capital Planning, Programming and Budgeting guidelines in implementing facility programs to support its mission.

HHS established the Facilities Program Manual (FPM) to provide uniform procedures to plan, design, construct, maintain and operate a robust facilities program to meet departmental requirements. Volume I, Chapter 2 of the HHS FPM provides project planning and approval guidelines for permanent and temporary construction requirements.  

Use of a temporary facility is often considered as a mechanism to provide a short-term solution when any of the following conditions exist: facilities are not available; facilities cannot be rapidly modified or renovated; and/or programming for construction of a new building will not meet organizational goals and objectives.

Temporary facilities are generally pre-engineered or modular by nature for ease of erection assembly and disassembly.  This type of construction is much quicker than a permanent building. However, they do not permit optimum utilization of land (i.e., typically single-story) and are generally less durable and energy efficient. For these reasons, temporary facilities should only be used under extraordinary circumstances.

Specific guidance on the use of Operating Funds to support temporary construction requirements is provided in Section 2-1: Funding Sources for Facilities Projects of the FPM.

Section 2-1-10. A.2.e stipulates that: “Operating funds may be used for temporary buildings to support urgent, short-term needs. Written approval (through submittal of a Facility Project Approval Agreement (FPAA)) from [the Office of Facilities Management and Policy] must be obtained before using operating funds for any temporary construction exceeding 134 square meters.”

To optimize utilization of NIH resources, requests to use Operating Funds to construct  temporary buildings must be endorsed by the NIH Space Recommendation Board (SRB), the NIH Associate Director for Research Facilities (ADRF), the NIH Deputy Director for Management (DDM)^1/, the NIH Facilities Working Group (FWG), and the NIH Steering Committee (SC), and approved by the HHS Office of the Secretary/Assistant Secretary for Administration/Program Support Center (OS/ASA/PSC).

1. Institutes, Centers and Offices (ICOs) are responsible for:
   1. Submitting Space Requests to the Office of Research Facilities Development and  Operations (ORFDO), Division of Facilities Planning (DFP) to obtain the NIH SRB’s review of the requirement for additional space. The request shall include:
      1. A space justification;
      2. Identification of the research/supporting functions that cannot be performed in existing facilities;
      3. The critical nature of the program requirement; and
      4. Identification of when a permanent facility is required.
   2. Receiving the NIH SRB’s approval of the request for new space;
   3. Obtaining the NIH FWG and the NIH SC endorsements to use Operating Funds to construct a temporary facility; and for
   4. Awaiting HHS approval of the FPAA to use Operating Funds for temporary construction prior to providing funds to ORFDO to proceed with the acquisition process.
2. The NIH SRB is responsible for reviewing and approving ICO space requests and endorsing the use of Operating Funds to construct a temporary facility to support a mission requirement.
3. The NIH FWG is responsible for:
   1. Advising NIH SC, NIH ICO’s, and the NIH Director on matters pertaining to the planning, acquisition, development and use of land and/or facilities for the pursuit of the NIH mission; and for
   2. Endorsing ICO’s requests to use Operating Funds to construct a temporary facility.
4. The NIH SC is responsible for:
   1. Governance purview for all corporate functions, resources or policies other than setting corporate scientific direction and priorities; and for
   2. Endorsing ICO’s requests to use Operating Funds to construct a temporary facility.
5. The Office of Research Facilities Development and Operations (ORFDO) is responsible for:
   1. Supporting the NIH mission by providing, maintaining and operating safe, healthy and attractive facilities;
   2. Coordinating ICO requests for new space with the NIH SRB;
   3. Siting facilities in coordination with NIH Master Plans;
   4. Submitting ICO requests to construct a temporary facility using Operating Funds to NIH FWG for review and approval;
   5. Designating a Contracting Officer Representation (COR) to handle the design and construction for the temporary facility;
   6. Developing the required HHS Facility Project Approval Agreement (FPAA) documents for HHS review and approval;
   7. Submitting FPAA documentation to HHS OS/ASA/PSC for review and approval consistent with Volume I, Section 2.3: Funding Sources for Facilities Projects of the HHS FPM;
   8. Providing HHS’ decision regarding the FPAA to all organizations;
   9. Obtaining approvals from outside organizations, as required; 
   10. Developing the scope of work to design and contract the temporary facility based on the approved FPAA;
   11. Conducting technical reviews of the design and construction contract documents consistent with ORFDO’s Permitting Process; and for
   12. Managing the acquisition of the temporary facility to support delivery consistent with the FPAA approved by HHS.
6. The Department of Health and Human Services (HHS), OS/ASA/PSC is responsible for approving or disapproving FPAA’s submitted to construct a temporary facility using Operation Funds.   

1. To request space to satisfy a requirement for a temporary facility, the ICO submits an online Space Request, signed by the ICO Director or designee, to the DFP.
2. The Space Request is assigned to a DFP Space Coordinator for review, evaluation and submission to the SRB.
3. The SRB reviews the request, renders a decision, and forwards it to the ICO Director, or designee, for concurrence.
4. The ICO submits an online Construction Request to ORFDO for assignment of a Division of Design and Construction Management (DDCM) Project Officer (PO) based on the SRB’s approval.
5. The PO develops the cost estimate for the temporary facility in collaboration with the ICO and subject matter experts, as necessary.
6. Pre-project Project Planning Documents (PPPD) are developed by the PO in coordination with ORFDO’s DFP, Division of Environmental Protection (DEP), and DTR, the Office of Research Services (ORS) Division of Physical Security Management (DPSM), and others as necessary. 
7. Documents describing the temporary facility requirements are submitted by ORFDO Office of the Director (OD) to the NIH FWG for review and endorsement to proceed with obtaining HHS’ approval.
8. The FWG reviews the documentation to support construction of the temporary facility.
9. FWG’s decision is forwarded by ORFDO OD to the NIH SC for review and concurrence.
10. The ORFDO Office of Acquisitions (OA) designates the Contracting Officer Representative (COR) for the project.
11. The guidance approved by the NIH SC is used by ORFDO OD and the COR to prepare and submit a FPAA to HHS OS/ASA/PSC for review and approval.
12. The ORFDO OD submits the FPAA to HHS OS/ASA/PSC for review and approval.
13. The FPAA approved by the OS/ASA/PSC forms the basis for the COR to develop the scope of work to design and construct a temporary facility.
14. The ORFDO OA awards the design contract to support construction of the temporary facility; unless otherwise approved.
15. Design documents are reviewed by the ORFDO DTR consistent with ORFDO’s Permit Review Process.
16. The ORFDO OA awards the construction contract to support delivery of the temporary facility; unless otherwise approved.
17. The ORFDO COR manages the project consistent with ORFDO’s Project Management Desk Guide to ensure completion within the guidelines of the approved FPAA.

1. United States Government Accountability Office (GAO), Principles of Appropriation Law
2. OMB Capital Planning, Programming and Budgeting Guidelines
3. Health and Human Services Facilities Program Manual, Volume I
4. Health and Human Services Program Manual, Volume I, Section 2-1 Funding Sources for Facilities Projects
5. Health and Human Services Program Manual, Volume I, Section 2-3 HHS Facility Project Approval Agreements (FPAA)
6. The Economy Act (31 U.S.C. 1535)
7. Federal Acquisition Regulations (FAR) subpart 17.5
8. NIH Delegation of Authority, Real Property, Number 06 – Engineering and Facility Management Services
9. NIH Delegation of Authority, Real Property, Number 06A – Construction Management
10. NIH Manual Chapter 1370 - Fire Protection and Life Safety Building Permit Process
11. NIH Manual Chapter 1743 – Keeping and Destroying Records
12. NIH Design Requirements Manual
13. ORFDO’s Construction Request
14. ORFDO’s Permit Review Process
15. ORFDO’s Project Management Desk Guide
16. ORFDO’s Space Requests