3.2. Lease Acquisition and Lessor
Registration.
3.2.a. Following the Real Estate
Division's receipt of the spending unit's Requisition for Leased Space, the
Executive Director may require the spending unit to provide further
justification or may approve the requisition as submitted or as modified by the
Executive Director. If the spending unit has requested a specific location or
property (referred to herein as "sole source"), the Executive Director may
approve the sole source request upon receipt of written justification made by
the spending unit explaining in detail why the space is being requested as a
sole source. The Executive Director may make any further inquiry or
investigation and may require any further certification from the spending unit
that he or she deems necessary to determine whether an approval of the sole
source request is in the best interests of the State. When a spending unit
requests additional space in the same building in which they are already
leasing space, the additional space may be considered a sole source and the
existing lease may be amended accordingly.
3.2.b. If a request for leased space which is
not a sole source is approved, the spending unit shall submit additional
criteria for the requested space to the Executive Director to advertise for the
requested space. The Executive Director shall review submitted criteria and may
include this criteria in any bid specifications or requirements that may be set
forth in a Solicitation of Interest.
3.2.c. Following approval of a spending
unit's request for leased space, the Executive Director shall find, inspect and
select appropriate space for the spending unit. For all leases of office space
in excess of 10,000 square feet net, the Executive Director shall issue a
Solicitation of Interest in the State Purchasing Bulletin in order to elicit
responses from the largest number of lessors registered as vendors with the
Purchasing Division as set forth in subsection 3.2.f. of this Rule. For all
leases of office space less than 10,000 square feet net, the Executive Director
shall not be required to issue a Solicitation of Interest but shall find and
select the appropriate space for the spending unit by the manner in which he or
she determines to be most efficient and effective for the spending unit's
request, which may include issuing a Solicitation of Interest. The Executive
Director may further advertise the Solicitation of Interest by whatever other
means he or she chooses to elicit the largest number of responses from
potential bidders.
3.2.d. Where a
Solicitation of Interest is issued, the Executive Director shall provide bid
specifications to all bidders. The Executive Director shall require that each
bid for office space clearly disclose:
(i)
the Usable Square Feet offered to the spending unit and the corresponding
Rentable Square Feet, as those terms are defined in the then current Building
Owners and Managers Association Method for Measuring Floor Area in Office
Buildings;
(ii) the names of the
owner(s) of the property offered for lease. If the property offered for lease
is owned by a legal entity as opposed to an individual, e.g., a corporation,
limited liability company, limited partnership, partnership, etc., then the
Executive Director shall also require that the bid disclose the names of all of
the respective owners thereof;
(iii) include a complete and accurate
description of the building in which the office space offered for lease is
housed and the mechanical equipment installed therein on a form provided by the
Real Estate Division; and
(iv)
photographs of the office space offered for lease, including the building in
which the office space is housed. Bid specifications may include, at the
Executive Director's discretion, special consideration, including but not
limited to, consideration for revitalization of downtown areas and historical
areas, and facilities that are on the National Register of Historic
Places.
3.2.e. Where bid
proposals are received by the Real Estate Division pursuant to a Solicitation
of Interest, the Executive Director will evaluate and rate all qualifying bid
proposals, and may, at any time during the evaluation process, utilize any
persons who possess expertise or knowledge associated with the proposed lease
to review bids and recommend an award. Such persons shall complete and sign a
non-conflict of interest form, as provided by the Executive Director, with
regard to any of the bids to be evaluated. The Executive Director shall not
utilize any person who, as determined by the Executive Director, has an
existing conflict of interest with any of the bids to be evaluated. The
Executive Director shall select one or more bidders, if any, and initiate
negotiations with the selected bidder(s) pursuant to Subsection 3.3 of this
Rule. All non-selected bidders shall be promptly notified by the Executive
Director. The Executive Director reserves the right to cancel a Solicitation of
Interest at any time.
3.2.f. The
Real Estate Division shall establish and maintain a list of registered lessors.
Lessors shall be considered vendors and register with the Purchasing Division
pursuant to 148 CSR 1-6.1. The Department of Administration shall ensure that
all registered lessors receive the State Purchasing Bulletin in which all
Solicitations of Interest shall be published.
