South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 4 - OFFICE OF GENERAL SERVICES › Section 19-447.1000 - Leasing of Real Property

Current through Register Vol. 48, No. 6, June 28, 2024
A. LEASE OF
			 NON STATE-OWNED REAL PROPERTY
No governmental body shall contract for the lease, rental, or
				use of non state-owned real property without approval of the Office of General
				Services, except as specified in subsection C. Requests shall be directed to
				the Office of General Services. The Office of General Services shall negotiate
				or approve the terms of all leases of non state-owned real property unless the
				governmental body has been exempted.
1. GENERAL REGULATIONS
(a) The Office of General Services shall be
			 accountable for the procurement of leased real property for governmental bodies
			 in accordance with the regulations promulgated by the Board.
(b) All leases shall require the written
			 approval of the Office of General Services, except when such lease is exempt
			 from approval by the Budget and Control Board.
(c) Before approving any lease, Office of
			 General Services shall:
(1) assure that all
			 appropriate approvals have been obtained.
(2) verify that adequate funds exist for the
			 lease payments;
(3) verify that
			 lease payments represent no more than fair market rental;
(4) verify that upfitting costs represent no
			 more than current market costs;
(5)
			 verify that a multi-year financial plan has been submitted by the requesting
			 agency for review by the Budget and Control Board's budget office.
(d) All requests for leased real
			 property by governmental bodies and agencies shall be submitted to the Office
			 of General Services on a "Request for Space Form" provided by General Services.
(1) This form shall include, but not be
			 limited to:
(a) The purpose for which the
			 space will be used.
(b) Any special
			 requirements or needs with written justification (computer rooms,
			 etc.).
(c) Parking requirements and
			 justification.
(d) The general
			 location or area desired.
(e) A
			 multi-year financial plan for review by the Board's budget office.
(2) The amount of office space
			 desired shall be computed and justified using the standards specified in Code
			 Section
			 1-11-55.
(3) Other types of space (warehouse,
			 laboratory, etc.) shall require a written letter of justification from the
			 requesting agency or governmental body and shall include documentation of
			 market standards for use of this type space. The Office of General Services
			 shall be accountable for investigating the existing space or any other
			 information given in the justification.
(4) The "Request for Space Form" or any other
			 document requesting space or justifying the need for space shall be certified
			 by the Director of the requesting agency or governmental body.
(e) An agency or governmental body
			 desiring to renew an existing lease is responsible for notifying the Office of
			 General Services in writing of its intention to do so at least 60 days before
			 the renewal deadline as stated in the lease. Upon approval by appropriate
			 boards and the Office of General Services, the governmental body or agency
			 shall notify the Lessor that it has elected to exercise its right of renewal
			 pursuant to the lease. The Office of General Services may send each a renewal
			 request form and a reminder notice well in advance of these
			 deadlines.
(f) Under no
			 circumstances will the requesting governmental body or state agency contact or
			 negotiate lease terms with any real estate agency, broker, builder, owner, or
			 representative in reference to space needs without the prior written consent of
			 the Office of General Services.
(g)
			 The Office of General Services will begin investigation of available rental
			 space within ten (10) working days after receiving the "Request for Space
			 Form".
(h) When processing requests
			 for space, the Office of General Services will first determine whether
			 appropriate state-owned or state-leased space is available before exploring
			 commercial space alternatives. If such space is available, the Office of
			 General Services will direct the requesting agency or governmental body to
			 occupy said space. If state-owned or state-leased space is unavailable or
			 inappropriate, the Office of General Services shall begin a solicitation
			 process to secure proposals for commercial space from as many qualified
			 developers and/or brokers as is practicable.
(i) Rental rates will be determined by the
			 Office of General Services for all leases by use of standard acceptable market
			 rent analysis methods.