W. Va. Code R. § 148-19-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-19-3 - Authority, Lease Acquisition, Negotiation, Inspection and Notification

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.

3.3. Lease Negotiation.

The Executive Director shall negotiate with one or more potential lessors following the approval of a spending unit's requisition. Where a Solicitation of Interest has been issued, or where some other manner of seeking leased space from potential lessors has been undertaken by the Executive Director, the Executive Director may enter into simultaneous negotiations with any of the selected bidders as set forth in Subsection 3.2.e of this Rule or with any potential lessors. All recommendations and bids shall remain confidential until execution of the lease.

3.4. Lease Notification.

The Executive Director shall provide written notification to the spending unit of his or her selection of space prior to execution of the lease.

W. Va. Code R. § 148-19-3