West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-19 - Leasing of Space and Acquisition of Real Property on Behalf of State Spending Units › Section 148-19-3 - Authority, Lease Acquisition, Negotiation, Inspection and Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Authority.
The Executive Director has the sole authority to select and
				  to acquire by lease, in the name of the State, all grounds, buildings, office
				  space or other space for and on behalf of any spending unit except those
				  spending units exempted under W. Va. Code §
										5A-10-2.
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.