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(a)Requests for allocation, relinquishment, or modification of space in state-leased and owned facilities under the commission's control shall be made in writing to the commission's director of Facilities Construction and Space Management Division by the agency head or designee of the requesting agency in accordance with §122.2 of this title (relating to Requests for Allocation, Relinquishment, or Modification of Space in State-Leased or Owned Facilities Under the Commission's Control). Facilities Leasing will develop operating procedures defining all requirements related to requests for state space. (b)In certain cases, the commission may enter into an emergency lease. In making this determination and in establishing a term of the emergency lease not to exceed 24 months, the commission shall consider the amount and type of space required, the market conditions of the area in which space is needed, the governmental responsibilities of the agency, and the potential impact on the public, and the best interest of the state. (c)All requests for leased space must be submitted by the requisitioning agency and signed by the agency head or an authorized official, duly certifying the availability of funds for the payment of such leased space, and compliance with the square footage requirements based on the number of FTEs authorized for the agency. (d)All requests for space must be submitted on a completed commission approved application and contain specifications for leased space which shall conform to the following: (1)The term of the lease may not exceed a maximum of 10 years. (Please note that Texas Government Code, Title 10, Chapter 2167, §2167.055(c)) permits the consideration of an option to renew for additional terms not to exceed 10 years each, as may be considered by the commission in the state's best interests; and the requisition should note, in the area provided, the length of the initial occupancy period requested by the agency); as well as number and length of renewal periods requested (to be by mutual agreement between lessee and lessor unless otherwise requested). (2)The commission may include in all specifications for space exceeding a two-year initial term, a provision requiring a separate bid price for utility and/or janitorial cost (if an Invitation for Bid establishes that payment for either utility costs and/or janitorial costs) and may allow an escalation clause to be included in the terms and conditions of the lease to cover periodic escalation of full rental costs of the lease, including utility and/or janitorial costs (if applicable) on account of increases in property values, tax and operating expenses, rental rates, labor or wage rates, and/or utility rates. (The rate of the allowable consumer price index escalation is based upon Lessor's responsibility to pay utility and/or janitorial cost, if any.); and (3)If the commission considers it advisable, it may include an option for the commission to purchase the space subject to the legislature's appropriation of funds for the purchase, and such an option shall show the amount that would be accumulated by the state and credited toward the purchase at various periods during the term of the lease, if any, and the purchase price of the property at the beginning of each fiscal biennium during the term of the lease. (4)Development of needed specifications for submission to the commission should be completed by the requesting agency with the guidance of the commission. In no event should the requesting agency allow a prospective bidder to develop or improperly influence the written specifications. Evidence of any such cooperative effort which has the effect of eliminating effective competition and which results in the bidder receiving a lease from the state shall be grounds for seeking to void the lease, removal of the bidder from the bidders' list, and any other remedy available to the state. The commission shall alter or reject any specification it considers unduly restrictive. (See §115.1 of this chapter (relating to Definitions).) (5)The requesting agency shall estimate its anticipated moving costs from its present leased quarters, if any. Such an estimate shall include only the actual, out-of-pocket cost of moving, relocation of communication equipment and loss of time expenses.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal
authority.
Filed with the Office of
the Secretary of State on February 26, 2002
TRD-200201213 Juliet King
Legal Counsel
Texas Building and Procurement Commission
Effective date: March 18, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 463-3960
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