reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.8 - COMPETITIVE SEALED LEASE PROPOSALS

Current through June 25, 2024
(1)
Conditions for Use:
Lease contracts shall be awarded by
				competitive sealed proposals except as otherwise provided in 300.7
Method of Source Selection
.
(2)
Request for Lease Proposals:
Proposals shall be solicited through a Request for Lease Proposals.
(3)
Required Content:
Each
				Request for Lease Proposals shall include the following:
a. Instructions and information to offerors
				concerning the request for lease proposals submission requirements, the address
				of the office to which proposals are to be delivered, the maximum time for
				proposal acceptance by the State, the manner in which proposals are to be
				submitted, including any forms for that purpose and any other special
				information;
b. Timeline for
				pre-proposal conference (if applicable), questions and posting of answers,
				submission of proposals, notice of intent to award, post-award debriefing (if
				applicable) as well as the deadline for protests. Such timeline should be
				carefully considered to ensure that result of RLP will be ready to submit in
				BRICKS not less than three months prior to the need for space and/or the
				expiration of any current lease to allow for exercising of the unilateral 90
				day extension clause contained in RPM Division standard lease should new lease
				be rejected by the PPRB necessitating re-procurement;
c. Description of usable space desired,
				location desired, length of initial term and any renewal terms desired,
				evaluation factors, performance schedule and any inspection and acceptance
				requirements that are not included in the description of space;
d. Form of lease contract to be utilized
				including general and any supplementary contract terms and conditions,
				including warranty and bonding or other security requirements, as applicable;
				and
e. A statement that
				discussions may be conducted with offerors who submit proposals determined to
				be reasonably susceptible of being selected for award, but that proposals may
				be accepted without such discussions.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.9 - NON-COMPETITIVE PROPOSALS

Current through June 25, 2024
The following types of lease or space agreements are exempt
				  from competitive procurement; however; such leases are subject to PPRB approval
				  and the following requirements. Use of RPM Division template contract documents
				  is required unless it is determined that such documents are either not
				  practicable or not advantageous to the State for the specific lease in the
				  opinion of the RPM Division Director. Any requested modifications and/or
				  supplementary conditions to template forms and/or template contract shall be
				  clearly identified in the applicable sections of the template documents.
(1)
Leases with Other State
				Agencies, Institutions and Divisions of Government:
Agencies and departments may enter into Leases with other
				  state agencies, state institutions of higher learning, community and junior
				  colleges, and other subdivisions of government without competition subject to
				  the space being in compliance with space utilization requirements as documented
				  on RPM Space Evaluation Form and the following conditions:
a. The cost of the Lease is nominal or
				limited to no more than the actual documented costs to operate and maintain the
				premises by the Lessor; or,
b. The
				cost of the Lease is no greater than prevailing market rate as documented on
				RPM Division Market Rate Survey Form prepared by Mississippi Licensed Realtor
				and the Agency Head determines in writing that location in such space is in the
				State's best interest for the reasons including, but not limited to:
i. Co-location with such entity is necessary
				or advantageous to carry out a joint mission or project;
ii. Co-location with such entity allows for
				shared services or resources; or,
iii. Co-location with such entity allows
				access to multiple governmental services to the citizens of Mississippi at a
				single location.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.10 - CANCELLATION OF SOLICITATIONS

Current through June 25, 2024
A Request for Lease Proposals may be canceled, or any or all
				  proposals may be rejected in whole or in part as may be specified in the
				  solicitation, when it is in the best interest of the State. The reasons,
				  therefore, shall be made part of the contract file.
(1)
Scope of this Regulation:
Solicitations should only be issued when there is a valid procurement need
				unless the solicitation states that it is for informational purposes only.
				Preparing and distributing a solicitation requires the expenditure of time and
				funds. Businesses and other entities likewise incur expense in examining and
				responding to solicitations. Accordingly, although issuance of a solicitation
				does not compel award of a contract, a solicitation is to be canceled only when
				there are compelling reasons to believe that the cancellation of the
				solicitation is in the best interest of the State.
(2)
Cancellation of Solicitation
				Notice:
Each solicitation issued by the State shall declare that the
				solicitation may be canceled as provided herein. Written notice, including
				reason for cancellation and whether solicitation will be re-solicited, if
				known, shall be promptly provided to all known offerors and posted on the RPM
				Division website.
(3)
Prior
				to Opening:
Prior to the time and date established for the receipt of
				Lease Proposals, a solicitation may be canceled when the Agency Head determines
				in writing that such action is in the State's best interest for the reasons
				including, but not limited to:
a. The agency
				or department no longer requires the requested space;
b. The agency or department no longer can
				reasonably expect to fund the Lease; or
c. Proposed amendments to the solicitation
				would be of such magnitude that a new solicitation is desirable.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.11 - REJECTION OF INDIVIDUAL PROPOSALS

Current through June 25, 2024
An individual proposal may be rejected as may be specified
				  in the solicitation, when it is in the best interest of the State. The reasons,
				  therefore, shall be made part of the contract file.
(1)
Rejection Notice:
Each
				solicitation issued by the State shall declare that individual proposals may be
				rejected as provided herein. Written notice shall be promptly provided to all
				known offerors and posted on the RPM Division website.
(2)
Responsiveness:
Proposals
				which do not conform in all material respects to the RLP or proposals within
				which the space offered is unacceptable by reason of its failure to meet the
				requirements of the specifications or other acceptability criteria set forth in
				the RLP may be rejected as non-responsive.
(3)
Responsibility:
Proposals
				where offeror does not have capability in all respects to comply with the
				contract requirements and the integrity and reliability which will assure good
				faith performance may be rejected as not responsible. Factors to be considered
				in determining whether the standard of responsibility has been met include
				whether a prospective offeror has:
a.
				Available the appropriate financial, material, equipment, facility, and
				personnel resources and expertise, or the ability to obtain them, necessary to
				indicate its capability to meet all contractual requirements;
b. A satisfactory record of performance;
c. A satisfactory record of
				integrity;
d. Qualified legally to
				contract with the State; and,
e.
				Has supplied all necessary information in connection with the RLP concerning
				responsibility.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.12 - LEASE CONTRACTS

Current through June 25, 2024
The use of applicable RPM Division template Lease Contract
				  documents is required unless it is determined that such documents are either
				  not practicable or not advantageous to the State for the specific lease request
				  in the opinion of the RPM Division Director. Any deviations and/or
				  supplementary conditions to template forms and/or template contract shall be
				  clearly identified in the applicable sections of the template documents. Lease
				  Contracts shall generally be on the basis of Rental Rate times Space at a
				  specified Location over a specified Term.
(1)
Rental Rate
- Rate may be
				flat and fixed throughout the lease term or may be graduated. Utilities,
				custodial, security and tenant improvements may be included, but if so, must be
				incorporated into the rate over the lease term.
(2)
Space
- The methodology for
				measurement of space in buildings, the Rentable Area, shall be measured in
				accordance with the BOMA standard, latest edition. The Occupant Area component
				of the Rentable Area shall be computed by measuring to the inside finish of
				permanent exterior building walls to the interior face of public corridors
				and/or other permanent non-tenant partitions, and to the center of demising
				walls. Excluded from such calculation shall be any / all Building Service Areas
				and any / all Major Vertical Penetrations. In multi-tenant buildings only, the
				pro-rated portion of Building Amenity Areas may be included in the Rentable
				Area.
(3)
Location
-
				The city, county or municipality at which the real property is to be leased
				shall be clearly identified by street address or other definitive description.
(4)
Term
- Real
				estate markets can be highly volatile and dramatic shifts in prevailing rates
				can occur over relatively short periods of time. Longer leases can provide
				predictability, and can hedge against future increases when market conditions
				rise, but can also expose agencies and departments to higher than prevailing
				rates when market conditions fall. Shorter leases can provide flexibility, but
				can also be higher due to uncertainty to potential Lessors. The desired initial
				and renewal terms, if any, should be carefully analyzed and considered to
				optimize these factors. Maximum terms shall be as follows:
a.
Initial Term
- Initial term
				of leases may be entered into for a period of time not to exceed twenty (20)
				years, unless otherwise indicated in 300.9
Non-Competitive
				Proposals
.
b.
Renewal Terms
- Not required, but if included, shall not exceed
				two (2) renewal terms of not more than five (5) years each, unless otherwise
				indicated in 300.9
Non-Competitive Proposals
. Where Rental
				Rate for renewal terms was not identified in the initial RLP, renewal Rental
				Rate shall be assumed to be the rate effective at the end of the initial term.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-300 - SOURCE SELECTION AND CONTRACT FORMATION › Section 12-8-300.13 - SPACE UTILIZATION GUIDELINES

Current through June 25, 2024
Space needs shall be carefully analyzed and considered to
				  ensure the least amount of space is consumed to house state government
				  consistent with maintaining the mission of the agency or department. To that
				  purpose, for all leases which are primarily for office space and for all office
				  space portions of other leases, the following office space standards shall be
				  utilized unless deviation is specifically approved by PPRB:
(1)
Office Spaces:
a. Offices or Primary Workstations:
i. Executive, Deputy or Division Directors -
				225 SF per person (hard-walled office)
ii. Top Management (Office/Bureau Directors
				or Equivalent) - 175 SF per person (hard-walled office)
iii. Middle Management (Assistant Directors,
				Supervisors or Equivalent) - 125 SF per person (hard-walled office)
iv. Executive Administrative Support - 125 SF
				per person (hard-walled office)
v.
				Professional and/or Technical - 100 SF per person (hard-walled office or
				cubicle)
vi. Clerical and/or
				Administrative I - 80 SF per person (cubicle)
vii. Clerical and/or Administrative II - 64
				SF per person (cubicle)
viii.
				Shared Offices/Workstations - Where persons housed in leased spaces are
				primarily assigned to off-site work locations (twenty-four (24) or more hours
				per week), consideration should be given to scheduling of shared offices or
				group office areas featuring dedicated work areas. Where an office identified
				above is shared on a scheduled basis, space shall be allocated as above for
				first person with an additional 5 SF per person that may be added thereafter to
				allow for secure storage for persons sharing such space. Where multiple,
				dedicated workstations are provided for transient users, space shall be
				allocated on the basis of 48 SF per person.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.1 - DEFINITION OF TERMS USED IN THIS SECTION

Current through June 25, 2024
(1)
ADA
- Americans with Disabilities Act
(2)
Escalation
- the right of a
				Lessor to assess Lessee for all or a portion of increases in Lessor's costs
				over the term of the Lease, such as increased utility, property tax or
				insurance costs.
(3)
Estoppel Certificate
- a written certificate in which a tenant
				sets forth the condition of the lease agreement at the time of certification,
				any modifications made to the Lease, and whether any promises made by Lessor
				have yet to be fulfilled. Required by potential buyers or mortgages of
				property, as assurance that the Leases held by Lessor are valid and without
				offsets or claims pending.
(4)
Expense Stop
- the right of a Lessor to pay operating costs up to
				a certain stipulated amount or amount per square foot, with Lessee paying any
				amount in excess of this amount.
(5)
HVAC
- Heating, ventilation
				and air-conditioning system.
(6)
Substitution of Premises
- the right of a Lessor to relocate the
				tenant to comparable space in a multi-tenant building during the Lease term.
(7)
Tenantable
-
				habitable, in a condition suitable for a tenant.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.2 - TENANTABLE CONDITION

Current through June 25, 2024
All leased space shall be required to be furnished in
				  tenantable condition prior to occupancy by agency or department and it shall be
				  the responsibility of the Lessor to maintain such space in tenantable condition
				  throughout the entire Lease term at no additional cost and with minimal
				  disruption to the Lessee. Lessor shall be responsible for moving and/or
				  protecting tenant furniture and equipment as required to maintain space in
				  tenantable condition. All office leases shall include provisions that define
				  tenantable condition requirements for the following components and systems:
(1)
Flooring:
a. Carpet - Carpeted areas shall be in good
				condition, free from stains, pulls, fraying and shall be less than 10 years old
				at start of lease or shall be replaced prior to start of lease term. Throughout
				the initial term and any/all subsequent renewals, all carpet shall be replaced
				on a stipulated schedule defined in the Lease.
b. Resilient - Vinyl Composition Tile, Luxury
				Vinyl Tile or similar resilient tile / plank floors shall be in good condition,
				free from scratches, chips, blemishes and shall be less than 15 years old at
				start of lease or shall be replaced prior to start of lease term. Throughout
				the initial term and any/all subsequent renewals, all resilient flooring shall
				be replaced on a stipulated schedule defined in the Lease.
c. Other - Wood, Stone, Terrazzo, Ceramic,
				Porcelain and other similarly durable flooring shall be in good condition,
				sound, free from scratches, chips and other damage with any re-finishing,
				re-sealing, or re-grouting completed prior to start of lease or shall be
				replaced prior to start of term. Throughout the initial term and any/all
				subsequent renewals, all such flooring shall be re-finished, re-sealed, or
				re-grouted on a schedule consistent with respective industry best
				practice.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.3 - UTILITIES

Current through June 25, 2024
(1)
Utilities Included in Base
				Rent
- Where provided by Lessor and included in Base Rent, Lessor shall
				have complete responsibility for providing all utilities and paying any/all
				applicable utility providers on a regular and prompt basis so as to prevent any
				disruption in provision of utilities to Lessee.
(2)
Utilities Excluded from Base
				Rent
- Any utility excluded from Base Rent shall be the responsibility
				of the Lessee, however; the ability to meter the usage of any such utility
				solely within the leased Occupant Area must be provided by Lessor. Utilities
				that are excluded from Base Rent shall not be permitted to be billed to the
				Lessee by the Lessor as additional or pass-thru charges by means of pro-rated
				values or calculations derived from bills from utility providers in the name of
				the Lessor. In no instance shall Lessee be responsible for additional charges
				for utility usage of Building Amenity Areas or Building Service Areas.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.4 - JANITORIAL

Current through June 25, 2024
Janitorial services are not mandatory for inclusion in every
				  State Lease, however; where such are provided, the following services shall be
				  included:
(1) The following general
				services are to be provided in areas such as offices, corridors, conference
				rooms, work rooms, stairwells, elevators, etc:
a.
Daily
- The following shall
				be performed on a daily basis each working day:
i. Dust and/or spot clean furniture and
				furnishings;
ii. Empty wastebaskets,
				trash cans and recycling bins and install new liners as needed;
iii. Vacuum and spot clean all carpeting;
iv. Clean entrance doors,
				push/kick plates and glass at all other doors and sidelights;
v. Spot clean walls and light switch
				covers;
vi. Dust mop and wet mop
				non-carpeted floors;
vii. Clean and
				disinfect water fountains; and,
viii. Wipe chairs and tables and straighten
				magazines.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.5 - SECURITY

Current through June 25, 2024
Stipulated security services are not mandatory for inclusion
				  in every State Lease; however, Lessor shall be responsible for the provision of
				  the following in all Leases:
(1)
				Lockable and secure doors to building and tenant spaces;
(2) Appropriately lighted lobbies and common
				areas;
(3) Exterior and parking
				areas (when provided) free from dimly lit areas of potential concealment; and,
(4) Taking of all reasonable steps
				to prevent loitering, vagrancy or other criminal activity on the premises
				including, but not limited to promptly reporting all such activity to local law
				enforcement.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.6 - PARKING

Current through June 25, 2024
Provision of parking is not mandatory for inclusion in every
				  State Lease, however, where provided parking shall meet the following
				  conditions:
(1) Painted lines shall
				clearly delineate spaces, aisles and no parking lanes and shall be maintained
				in good condition throughout the lease term and any/all subsequent renewals;
(2) Signage shall be provided
				reserving use of spaces allocated to tenant and/or visitors as applicable and
				shall be maintained in good condition throughout the lease term and any/all
				subsequent renewals; and,
(3)
				Parking areas and all associated sidewalks shall be kept clear from all litter,
				waste and debris.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.7 - GROUNDS

Current through June 25, 2024
Ground, pavement and other surfaces directly adjacent to
				  building shall slope away from building to prevent water intrusion. Grade level
				  and sub-grade storm water management features and infrastructure shall be
				  adequate and properly maintained to prevent water intrusion. Lawns, trees,
				  shrubs, landscaped beds, pavements and sidewalks where applicable shall be
				  maintained in good condition throughout the lease term and any/all subsequent
				  renewals and shall meet the following conditions:
(1) Lawns shall be full, free from weeds,
				bare spots, ruts and shall be properly cut on a regularly scheduled basis;
(2) Trees and shrubs shall be
				properly pruned;
(3) Landscaped
				beds shall be properly watered and free from weeds;
(4) Joints in pavements and sidewalks shall
				be properly sealed and free from weeds; and
(5) All areas shall be kept clear from all
				litter, waste and debris.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.8 - LAYOUT

Current through June 25, 2024
Each lease of office, warehouse or other space in a building
				  outside the jurisdiction of the Department of Finance and Administration shall
				  include floor plan(s) or diagram(s) depicting the layout of the space to be
				  leased by the agency or department. Scale and detail shall be sufficient to
				  evaluate compliance with space utilization guidelines and overall space
				  efficiency. Where offeror is proposing construction or modification of an
				  existing building a part of a Lease Proposal, and such work will equal or
				  exceed one hundred thousand dollars ($100,000.00), such drawings shall be
				  prepared by a Mississippi licensed architect and/or engineer and shall be
				  provided to Lessee prior to issuance of notice to proceed of such work for
				  review and confirmation of compliance with Lease Contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.9 - COMPLIANCE

Current through June 25, 2024
It shall be the sole responsibility of the Lessor to provide
				  space that is fully compliant with any/all codes, regulations and other
				  Federal, State and Local requirements. Submission of a Lease Proposal shall
				  constitute representation by offeror that any proposed building including
				  any/all proposed modifications does or will comply with all such items prior to
				  occupancy by Lessee. Applicable requirements include, but are not necessarily
				  limited to the following:
(1)
Building Code;
(2)
Fire Code;
(3)
Plumbing Code
(including provisions relating to minimum number of
				fixtures);
(4)
Mechanical
				Code;
(5)
Electrical
				Code;
(6)
Mississippi
				Conveyance Safety Act;
(7)
Energy Code;
(8)
Zoning Regulations;
(9)
Environmental Regulations;
(10)
ADA
(as
				applicable to both occupants and visitors); and,
(11)
Antiquities Law
- If
				proposed space involves any alteration to a National Landmark, Mississippi
				Landmark or potentially eligible property, obtaining of any required approvals
				as well as any mitigation must be included at no additional cost to the Lessee.
				The Lessor, at its sole cost and expense, shall retain the services of a
				preservation architect who meets or exceeds the Secretary of the Interior's
				Professional Qualifications Standards for Historic Architecture as amended and
				annotated and previously published in the Code of Federal Regulations, 36 CFR
				part 61 if proposal includes modifications to any such property.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.10 - INSURANCE

Current through June 25, 2024
(1) All buildings and improvements shall be
				insured against loss or damage by fire and all standard extended coverage
				perils for the full, fair insurable value thereof in a solvent and responsible
				company or companies licensed to do business in the State of Mississippi. The
				Lessor shall agree to hold Lessee harmless and indemnified against any
				liability for injury or death to any person or damage to property in or upon
				the lased premises not caused directly by an act or omission of the Lessee or
				employee, agent, or patron of the Lessee. Lessor shall provide proof of
				insurance policy prior to execution of Lease and shall provide any amendments
				or changes to such policy throughout the Lease term and any/all subsequent
				renewals.
(2) The Department of
				Finance and Administration is charged by law with purchasing flood insurance
				for State-owned buildings and contents in leased properties. All Lease
				proposals shall clearly identify flood zone designation and elevation for
				property proposed for Lease. Lessor shall provide elevation certificate and
				proof of flood insurance policy for properties in zones A, AE, A1-A30, AH, AO,
				AR, A99, V, VE and V1-V30 prior to execution of Lease and shall provide any
				amendments or changes to such policy throughout the Lease term and any/all
				subsequent renewals.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.11 - TAXES

Current through June 25, 2024
The Lessor shall pay, during the Lease term, and any/all
				  subsequent renewals, all state, county and city ad valorem taxes and special
				  assessments assessed against any leased property excluding any such taxes as
				  may be assessed against Lessee's fixtures and equipment used in such leased
				  property.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.12 - QUIET ENJOYMENT

Current through June 25, 2024
The agency or department shall have reasonable expectation
				  of quiet enjoyment of premises. While periodic minimal disruptions in order for
				  Lessor to perform maintenance required to keep premises in tenantable condition
				  are anticipated and generally acceptable to Lessee; however, excessive,
				  repetitive or prolonged disruptions are unacceptable. Lessor shall be entitled
				  to reduce rental payments under such conditions as follows:
(1)
Minor Disruptions:
Where use
				of an area constituting less than 25% of the leased area is disrupted due to
				un-tenantable conditions or maintenance activities for more than 50% of a
				normal working day, rental payments may be reduced by the Rental Rate times the
				portion of the Rentable Area so disturbed times the number of days such
				disruption continues.
(2)
Major Disruptions:
Where 25% or more of the entire leased area is
				disrupted due to untenantable conditions or maintenance activities for more
				than 50% of a normal working day, or any disruption necessitating closing of
				offices by agency or department, rental payments may be reduced by the Rental
				Rate times the entire Rentable Area times the number of days such disruption
				continues.
(3)
Prolonged
				Disruptions:
Disruptions continuing beyond three normal working days, or
				multiple disruptions in a one month period, shall constitute cause for
				termination for default of Lease Contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.13 - SUPPLEMENTARY PROVISIONS

Current through June 25, 2024
Requirements that are generally considered above and beyond
				  those included in the RLP Division Template Lease Contract shall be considered
				  as Supplementary Provisions to the Template Lease Contract rather than
				  deviations. Inclusion of Supplementary Provisions addressing the following
				  items shall be permitted without approval by PPRB as deviations:
(1)
Additional and/or Alternate Hours
				of Operation:
Permitted where agency or department provides
				justification that occupancy in addition to normal working days or normal
				working hours, or alternative days or hours of operation is required;
(2)
Additional
				Security:
Permitted where agency or department provides justification
				that due to risk assessment of location of premises or type of occupancy
				proposed that additional security measures, such as cameras, security systems,
				and/or security personnel stationed or patrolling premises or related parking
				areas, is required;
(3)
Server Room Cooling/UPS Systems:
Permitted where agency or
				department provides justification that dedicated cooling and/or UPS supporting
				critical IT systems is required;
(4)
Generators:
Permitted where
				agency or department provides justification that continuity of operations of
				all or a portion of occupancy is required;
(5)
Vending:
Permitted where
				agency or department provides justification that vending will improve workplace
				efficiency and/or lack of nearby restaurants or alternatives are available.
				Where such space is included within Occupant Area, vending needs shall be
				coordinated with the Department of Rehabilitation Services in accordance with
				Section
				43-3-93,
				Mississippi Code of 1972, Annotated;
(6)
Signage:
Permitted where
				agency or department provides justification that signage located on exterior of
				building, site monument and/or site directional signage is critical to ensure
				visibility to visitors; or,
(7)
Other:
Other additional requirements may be considered as
				Supplementary Provisions where agency or department provides justification and
				inclusion does not otherwise conflict with policies or provisions herein.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-400 - SPECIFICATIONS › Section 12-8-400.14 - PROHIBITED PROVISIONS

Current through June 25, 2024
Inclusion of provisions pertaining to the following shall be
				  prohibited unless it is determined that exclusion of such provisions is either
				  not practicable or not advantageous to the State for the specific lease request
				  in the opinion of the RPM Division Director and such deviation is approved by
				  PPRB:
(1)
Escalations:
Escalation clauses decrease exposure to Lessor of future increases in
				operational costs which are beyond their control; however, the inclusion of
				such clauses increases exposure to Lessee of such costs and create budget
				uncertainty for agencies and departments. Offerors may propose graduated rates
				over the Lease term in anticipation of future increases in operational costs,
				but shall not include escalation clauses in proposals. RLP's shall not request
				escalation provisions and proposals which include, or are contingent upon
				inclusion of escalation provisions shall be deemed non-responsive.
(2)
Expense Stops:
Expense stops
				limit exposure to Lessor of future increases in operational costs which are
				beyond their control; however, the inclusion of such stops lead to unlimited
				exposure to Lessee of such costs and create budget uncertainty for agencies and
				departments. Offerors may propose graduated rates over the Lease term in
				anticipation of future increases in operational costs, but shall not include
				expense stops in proposals. RLP's shall not request expense stops and proposals
				which include, or are contingent upon inclusion of expense stops shall be
				deemed non-responsive.
(3)
Tenant Improvement Allowances:
Allowances limit exposure to Lessor
				to a fixed amount to make renovations to proposed space to suit the needs of
				the Lessee; however, such amounts are often insufficient to address all
				requirements identified by agency or department in the RLP. Offerors shall be
				required to include any costs to bring their space into compliance with all
				requirements identified by agency or department in the RLP in their Base Rent
				proposal.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-500 - MODIFICATION AND TERMINATION › Section 12-8-500.1 - INCREASES OR DECREASES IN SPACE

Current through June 25, 2024
(1)
Mutually
				Agreed Increases:
Where Lessor and Lessee mutually agree to the addition
				of space at the same location, such increase, subject to approval of PPRB, may
				be considered provided:
a. The present lease
				has six (6) months or more remaining prior to end of Lease term;
b. RPM Space Evaluation Form documents
				compliance with space utilization guidelines and overall space efficiency is
				not negatively impacted by the addition of space;
c. The Rental Rate, terms and conditions for
				the additional space is identical to the present Lease; and,
d. The use for the additional space must be
				totally dependent on the existing space. Agency or department must show that
				the added space cannot function efficiently at another location.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-500 - MODIFICATION AND TERMINATION › Section 12-8-500.2 - EXTENSION OR REDUCTION OF TERM

Current through June 25, 2024
(1)
Unilateral Extension:
Provided Lessee provides at least thirty
				(30) day written notice by certified mail, Lessee shall have the option to
				unilaterally extend Lease term by up to three (3) months commencing at the
				expiration of the current Lease term. Approval of PPRB is not required;
				however, Lessee shall promptly notify the RPM Division of such extension.
(2)
Mutually Agreed
				Extension:
Where Lease term, all renewals and unilateral extension are
				exhausted and Lessor and Lessee mutually agree to an extension of space at the
				same location, such extension, subject to approval of PPRB, may be considered
				provided:
a. The present lease has not yet
				expired;
b. The Rental Rate, terms
				and conditions for the extension period is identical to the present Lease;
c. The extension is on a
				month-to-month basis for no more than one (1) year, with no permitted renewals;
				and,
d. The agency or department
				shall submit written justification of need to extend the current Lease. Such
				leases shall be made for the minimum amount of time necessary, shall not be
				entered into to subvert the competitive procurement process and shall include
				an option to terminate upon receipt of written notice by Lessee not less than
				ten (10) days prior to the start of the subsequent month.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-500 - MODIFICATION AND TERMINATION › Section 12-8-500.3 - MODIFICATION OF TERMS AND CONDITIONS

Current through June 25, 2024
Terms and conditions of Lease Contracts shall remain in full
				  force and effect throughout the Lease term and any/all subsequent renewals with
				  the following exceptions:
(1)
State or Federal Law:
Passage of new, or modification to existing,
				State or Federal law impacting a provision of the Lease Contract or legal
				decision by which provision is held invalid. The invalidity of one provision
				shall not affect any other provision or application of these regulations which
				can be given effect without the invalid provision or application to this end as
				the provisions of these regulations are severable. To the extent that any new
				State or Federal law goes into effect during the Lease term impacting the terms
				and conditions of the Lease Contract, such law shall be binding on each party
				of the Lease Contract as applicable;
(2)
Mutually Agreed
				Modifications:
Where addition, deletion or modification of a term or
				condition other than amount of space or duration of term is identified
				following execution of the Lease Contract and Lessor and Lessee mutually agree
				to the change, such modification, subject to approval of PPRB, may be
				considered provided:
a. The modification was
				not anticipated prior to the execution of the Lease Contract.
b. The modification is either neutral or
				beneficial to the interest of the State; and,
c. Where the modification involves an
				increase in cost to the agency or department, documentation justifying amount
				of such increase shall be provided.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-500 - MODIFICATION AND TERMINATION › Section 12-8-500.4 - TERMINATION FOR DEFAULT

Current through June 25, 2024
Failure on the part of either the Lessor or Lessee to
				  promptly and faithfully keep and perform each and every covenant agreed and
				  stipulated in the Lease Contract, or on the part of the Lessee to pay any
				  installment of rent when the same comes due and payable, shall constitute
				  grounds for termination for default subject to the following:
(1) The party claiming default shall make
				such claim in writing and serve notice on the other party by certified mail,
				copying RPM Division;
(2) The
				notice shall be provided not less than thirty (30) days prior to effective
				termination date of the Lease Contract; and,
(3) The notice shall give the party claimed
				to be in default not less than fifteen (15) days from receipt of notice to
				respond in writing by certified mail, copying RPM Division, with proposed cure
				to default, which shall not be unreasonably rejected by either party.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-500 - MODIFICATION AND TERMINATION › Section 12-8-500.5 - TERMINATION FOR CONVENIENCE

Current through June 25, 2024
The Lessee and Lessor may terminate all or part of this
				  Lease Contract upon mutual agreement at any time. The Lessee and Lessor shall
				  agree in writing as to the said termination, specifying the part of the Lease
				  terminated and when the termination becomes effective, with notification to the
				  RPM Division.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-500 - MODIFICATION AND TERMINATION › Section 12-8-500.6 - TERMINATION FOR STATE-OWNED SPACE

Current through June 25, 2024
In the event that space becomes available to the Lessee in
				  any State-owned building, this Lease may be unilaterally terminated by Lessee
				  within thirty (30) days of written notice of termination to Lessor by certified
				  mail. Where Lessee is able to provide greater notice, such additional notice
				  should be provided.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-8-600.1 - DEFINITION OF TERMS USED IN THIS SECTION

Current through June 25, 2024
(1)
Attorney
				General
- shall mean the individual assigned by the Attorney General to
				the Department of Finance and Administration.
(2)
Interested Party
- means an
				actual or prospective offeror that may be aggrieved by the solicitation or
				award of a Lease Contract, or by the protest.
(3)
Protestor
- means any actual
				or prospective offeror who is aggrieved in connection with the solicitation or
				the award of a Lease Contract and who files a protest.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-8-600.2 - PROTESTS

Current through June 25, 2024
(1)
Initial Complaint:
Complainants who are aggrieved in connection with the solicitation or award of
				a Lease Contract should first seek resolution of their complaints with the
				procurement officer or the agency or department that issued the solicitation.
				Such informal complaints may be made verbally or in writing.
(2)
Authority to Resolve
				Protests:
The RPM Division Director, the head of the purchasing agency,
				or a designee of either officer shall have the authority to settle and resolve
				a protest of an aggrieved offeror, actual or prospective, concerning the
				solicitation or award of a Lease Contract.
(3)
Filing of Formal Protest:
Any actual or prospective offeror who is aggrieved in connection with the
				solicitation or award of a Lease Contract may protest to the head of the
				purchasing agency and copy the RPM Division Director. The protest shall be
				submitted in writing within seven (7) days after such aggrieved person knows or
				should have known of the facts giving rise thereto. A protest is considered
				filed when received by the RPM Division Director or the head of the purchasing
				agency. Protests filed after this period shall not be considered.
(4)
Subject of Protest:
Protestors may file a protest on any phase of solicitation or award including,
				but not limited to, specification preparation, RLP solicitation, award, or
				disclosure of information marked confidential in the offer.
(5)
Form:
To expedite the
				handling of protests, the envelope should be labeled "Protest". The written
				protest shall include as a minimum the following:
a. The name, address and contact information
				of the protestor;
b. Appropriate
				reference of the procurement which is subject of protest and status of award;
c. A statement explaining reasons
				for the protest; and,
d.
				Supporting exhibits, evidence, or documents to substantiate any claims unless
				not available within the filing time in which case the expected availability
				date shall be indicated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-8-600.3 - ADMINISTRATIVE PROCEEDINGS

Current through June 25, 2024
(1)
Application:
This section applies to:
a. A protest of a solicitation or award of a
				Lease Contract addressed to the Public Procurement Review Board by an aggrieved
				actual or prospective offeror;
b.
				An appeal addressed to the Board of a decision under Section
				600.2
Protests
; and,
c. An appeal addressed to the Board of a
				decision under Section 600.4
Authority to Suspend or Debar
.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-8-600.4 - AUTHORITY TO SUSPEND OR DEBAR

Current through June 25, 2024
(1)
Application:
This regulation applies to all suspensions or
				debarments of persons from consideration for award of Lease Contracts imposed
				by the RPM Division Director.
(2)
Authority:
After reasonable notice to the person involved and
				reasonable opportunity for that person to be heard, the RPM Division Director,
				after consultation with the purchasing agency and the Attorney General, shall
				have authority to debar a person for cause from consideration for award of
				Lease Contracts. The debarment shall be for a period of two years. The same
				officer, after consultation with the using agency and the Attorney General,
				shall have authority to suspend a person from consideration for award of Lease
				Contracts if there is probable cause for debarment. The suspension shall not be
				for a period exceeding three months.
(3)
Causes for Suspension or
				Debarment:
The causes for suspension or debarment include the following:
a. Conviction for commission of a criminal
				offense as an incident to obtaining or attempting to obtain a public or private
				Lease Contract or subcontract, or in the performance of such Lease Contract or
				subcontract;
b. Conviction under
				State or Federal statutes of embezzlement, theft, forgery, bribery,
				falsification or destruction of records, receiving stolen property, or any
				other offense indicating a lack of business integrity or business honesty which
				currently, seriously, and directly affects responsibility as a Mississippi
				contractor;
c. Conviction under
				State or Federal antitrust statutes arising out of the submission of Lease
				proposals;
d. Violation of Lease
				Contract provisions, as set forth below, of a character which is regarded by
				the RPM Division Director to be so serious as to justify debarment action:
i. Deliberate failure without good cause to
				perform in accordance with the specifications or within the time limits
				provided in the contract; or,
ii. A
				recent record of failure to perform or of unsatisfactory performance in
				accordance with the terms of one or more Lease Contracts; provided that failure
				to perform or unsatisfactory performance caused by acts beyond the control of
				the contractor shall not be considered to be a basis for debarment.
e. Any other cause the RPM
				Division Director determines to be so serious and compelling as to affect
				responsibility as a Mississippi contractor, including debarment by another
				governmental entity for any cause listed herein; and,
f. For violation of the ethical standards set
				forth in Section 7
Ethics
of these regulations
.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 8 - Real Property Management Leasing Manual › Sec2 12-8-600 - LEGAL AND CONTRACTUAL REMEDIES › Section 12-8-600.5 - SUSPENSION

Current through June 25, 2024
(1)
Initiation of Suspension
				Action:
After consultation with the affected agency, the Attorney
				General, and, where practicable, the contractor or prospective contractor who
				is to be suspended, and upon written determination by the RPM Division Director
				that probable cause exists for debarment as set forth in Section
				600.4
Authority to Suspend or Debar
, a contractor or
				prospective contractor shall be suspended. A notice of suspension, including a
				copy of such determination, shall be sent to the suspended contractor or
				prospective contractor. Such notice shall state that:
a. The suspension is for the period it takes
				to complete an investigation into possible debarment including any appeals of a
				debarment decision but not for a period in excess of three months;
b. Lease Proposals will not be solicited from
				the suspended person, and, if they are received, they will not be considered
				during the period of suspension; and
c. If a hearing has not been held, the
				suspended person may request a hearing in accordance with Section
				600.6
Request for Hearing
.