The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) Advertisement--When required by Texas Government Code,
Title 10, Subtitle D, Chapter 2167, Subchapter B, and these rules in a competitive
bidding situation, advertisement shall be published in a newspaper of general
circulation in the city, county, or area in which leased space is sought.
(2) Agency employee--The full-time equivalent (FTE) of
a person performing services on site under the direction of a state agency,
including hours worked by "full-time employees," "part-time employees," and
"consultant and contract individuals" as defined by the state auditor; including
employees paid from funds maintained outside the treasury and hours worked
by volunteers performing necessary services. Requests for lease space must
include all contract and volunteer employees' work-hours and functions.
(3) Bidders list--A list of prospective bidders maintained
by the leasing division which sets out the names and addresses of building
owners and agents who have shown an interest in bidding to the state and from
whom bids can be solicited for obtaining leased space for state use. Each
prospective bidder on this list shall be asked to designate by zip codes the
areas for which he is interested in receiving bids.
(4) Commission--The General Services Commission.
(5) Competitive bidding--When used by the commission under
Texas Government Code, Title 10, Chapter 2167, Subtitle D, Subchapter B, refers
to a formal process requiring sealed bids through which a lease is awarded
to the lowest and best bidder meeting the advertised specifications and on
the terms agreed to by the commission and the lessor.
(6) Delegated lease--A lease contract entered into by
an institution of higher education pursuant to the provisions of §115.10
of this chapter (relating to Delegation of Leasing Authority).
(7) Effective annual cost--The result of dividing the
total anticipated cost to the state projected over the life of the lease (excluding
any effect of options to renew and/or options to purchase) by the number of
years in the lease term.
(8) Emergency lease--A lease negotiated with a private
source for a term not to exceed 24 months, as determined by the commission.
(9) Institution of higher education--A university system
or an institution of higher education as defined in the Texas Education Code, §61.003,
as amended, other than a public junior college.
(10) Interior hallways--Circulation space within the area
reserved for the exclusive use of the agency, clearly defined as a hallway
by walls, not less than minimum width as set out in local building codes and
not used by the agency for any purpose other than circulation. For the purpose
of measurement, one-half of the thickness of the bordering walls shall be
considered as belonging to the interior hallways.
(11) Minor technicality--When used in the evaluation of
bids, refers to a specification or procedural requirement which:
(A) if omitted by the bidder or submitted by him in a manner
different from that described in the invitation for bid, would not have the
effect of disqualifying his bid; and
(B) if waived by the commission, would not give him unfair
advantage over other competitive bidders.
(12) Net usable square feet--For the purpose of calculating
an agency's space allocation ratio, that portion of the usable square feet
of an occupying agency's space other than spaces specifically exempted under
Title 1, TAC, Chapter 122, §122.3(d) and (e) of this title (relating
to Space Allocation).
(13) Space Allocation Ratio--The mathematical result of
dividing the occupying agency's net usable square feet by the total number
of agency employees per site.
(14) State agency or agency--A board, a commission, or
other authorized agency of the state government.
(15) Unduly restrictive specifications--Specifications
that unnecessarily limit competition by setting requirements unrelated to
the state's actual needs, which have the effect of favoring one or more prospective
bidders over all the rest.
(16) Usable square feet--An area within the exterior walls
of a building for the exclusive use of the occupying agency, including space
exempted by rule but does not include:
(A) public hallways, restrooms, stairwells, and elevator shafts;
(B) mechanical rooms or closets for heating, air conditioning,
plumbing, janitorial, electrical, telephone, and other general building services;
(C) interior atriums, courts, etc., for public use; and
(D) fire tower and fire tower court
(17) Utilities--When used in these rules and in the
forms implemented for use hereunder, shall refer only to gas, electricity,
and all water and water-related services supplied to the leased space, and
which are under the jurisdiction of a recognized rate setting authority.
(18) Zip code--Those codes established by the United States
Postal Service for the delivery of mail.
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