North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 06 - STATE PROPERTY AND CONSTRUCTION › Subchapter B - REAL PROPERTY › Section .0200 - ACQUISITION OF REAL PROPERTY › Section 06B .0212 - ANNUAL LEASE MORE THAN $150,000

Current through Register Vol. 39, No. 2, July 15, 2024
For space needs where the annual rental exceeds one hundred
					 fifty thousand dollars ($150,000), Form PO-26 provides the basic steps to
					 follow in the leasing procedures required by
					 G.S.
					 146-25.1. Additional guidance is provided in
					 this Rule:
(1) Specifications. The
				  requesting agency prepares a Form PO-27. This serves as a guideline for
				  supplying the information which a prospective lessor needs to complete a lease
				  proposal.
(2) Advertising.
				  Newspaper ads will be prepared by the Division of State Property and will be
				  forwarded to the agency for submission to a newspaper of general circulation in
				  the "Legal Notices" or other appropriate section of the newspaper. The ad must
				  run for at least five consecutive days and give a specific cut off date for
				  receiving proposals. The published cut off date must be at least seven days
				  after the last day the ad is run.
(3) Proposals. All proposals must be
				  submitted on Form PO-28 which includes the basic information that is necessary
				  to evaluate and compare each proposal received. All proposals must be submitted
				  directly to the Division of State Property prior to the published cut off
				  period.
(4) Space Selection. All
				  proposals will be reviewed by the Division of State Property and the requesting
				  agency. A set of proposals will be selected, based on the General Statutes and
				  the rules contained in this Chapter, for further review and consideration.
(a) The submittors of proposals selected for
				  further review shall be notified in writing by the Division of State Property.
				  The notice of selection for further review will include the date, time, and
				  location at which a Proposers' Meeting will be conducted.
(b) At this meeting, the selected proposers
				  will be given the opportunity to submit a final low price proposal. Price
				  proposals may be submitted via the U.S. Mail, telegraph, telefax or other
				  commonly acceptable medium of communication in lieu of the proposer or his
				  agent being physically present at the meeting. In the event that identical
				  price proposals are submitted by two or more proposers, the proposers or their
				  agents present at the meeting will be granted another opportunity to submit a
				  lower price proposal. This process will continue until a lowest price proposal
				  is received by the Division of State Property. When the lowest price proposal
				  is received no further price negotiations will be conducted by the Division of
				  State Property.
(c) After reviewing
				  all the relevant data, a determination for desired space will be made by the
				  Division of State Property; this decision will be reviewed by the requesting
				  agency. A Form PO-1 must be submitted by the agency to the Division of State
				  Property requesting acquisition of the space.
(d) The Division of State Property will
				  present its recommended proposal to the Council of State for its review and
				  consideration. If the low price proposal is not selected, a statement of
				  justification will be submitted to the Council of State.
(e) Should the selected proposal be withdrawn
				  or for any other reason not be available, all submitted proposals will be
				  reconsidered and if none are acceptable, the Division of State Property will
				  proceed to obtain suitable space in the manner provided by the General Statutes
				  and the rules contained in this Chapter.
(f) Space selections will be made in keeping
				  with G.S. 146-23.1 regarding the
				  acquisition of buildings and space in buildings having historic, architectural
				  or cultural significance.