Section 2000.4010 General Acquisition Procedures

Section 2000

Section 2000.4010  General

Acquisition Procedures

a)         SOS will review State-owned space leased by other agencies

that may be suitable to fill the department space request. Such space, because

it involves no outside expenditure or because use would avoid unnecessary lease

costs, will be used in preference to newly acquired leased space. Exceptions

will only be granted upon strong justification submitted by the Director of the

department requesting space.

b)         Acquisition of space by lease will be on the basis most

favorable to the State, with due consideration to maintenance and operation

efficiency. In those instances where alterations to a property are needed, CPO

will review and approve the scope of work and method of payment prior to the

commencement of work. Departments are not to perform alterations to leased

properties or enter into contracts for alterations without CPO approval. Factors

that could influence the decision to approve alteration include but are not

limited to: length of term, cost relative to base cost, cost of base plus

alterations compared to other site costs, degree of permanency of alterations,

and demonstrated program need for alterations.

c)         The CPO will determine the appropriate term for a given lease

(not to exceed 10 years unless paid solely by federal funds) and negotiate

accordingly. The particular terms and conditions of a given lease will in

general conform to the SOS standard lease form provisions. Changes, additions

or deletions to these terms shall be at CPO's discretion.

d)         The CPO will attempt to negotiate a favorable renewal option,

State-option cancellation clause, and purchase option provision when

appropriate.

e)         All leases shall be accompanied by a full written disclosure

of the identity of every owner and beneficiary having any interest in the

premises being leased

ges, additions

or deletions to these terms shall be at CPO's discretion.

d)         The CPO will attempt to negotiate a favorable renewal option,

State-option cancellation clause, and purchase option provision when

appropriate.

e)         All leases shall be accompanied by a full written disclosure

of the identity of every owner and beneficiary having any interest in the

premises being leased.

1)         Such disclosure shall be subscribed and sworn or otherwise

affirmed on oath by an owner, authorized trustee, corporate official, or

managing agent.

2)         Such disclosure shall set forth all ownership interests. By

way of example, the disclosure should identify the names of the beneficiaries

of a land trust in addition to the trustee, the names of all partners whether

general or limited in nature, and names of all shareholders in a corporation

who are entitled to receive more than 7 1/2% of the total distributable income

of the corporation. If stock in a corporation is publicly traded and no readily

known individual owns more than a 7 1/2% interest, then the requirements of

this Part may be met by an officer or managing agent of the corporation making

an affirmative statement to this effect under oath.

3)         Such disclosure shall set forth the identify of any State

officer, employee or elected official, or the wife, husband, or minor child of

such person having an ownership or beneficial interest under the lease. In the

event such person is so set forth, the disclosure shall include a specific

designation of the percentage of the total distributable income such person,

together with that of the wife, husband, or minor child of such person, is

entitled to receive from any firm, partnership, association, or corporation

that is the lessor.

4)         It shall be the responsibility of the lessor to notify the CPO

of any change in ownership of beneficial interest and to submit updated

disclosure statements reflecting such changes within 30 days after such change

together with that of the wife, husband, or minor child of such person, is

entitled to receive from any firm, partnership, association, or corporation

that is the lessor.

4)         It shall be the responsibility of the lessor to notify the CPO

of any change in ownership of beneficial interest and to submit updated

disclosure statements reflecting such changes within 30 days after such change.

f)         All leases shall be in writing and shall include:

1)         a provision that the lease is subject to termination and

cancellation in any year for which the General Assembly fails to make an

appropriation to make payments under the terms of the lease.

2)         a termination option in favor of the State.

g)         Space that is not in compliance with the applicable

accessibility standards or is not capable of being brought in compliance with

the installation of minimum essential features of accessibility by the time of

occupancy shall not be considered for use.

h)         A copy of all leases whose annual rent is $10,000 or more

shall be filed with the Comptroller within 15 days after their execution by the

CPO.

i)          In selecting sites, preference may be given to sites located

in enterprise zones, TIF districts, or redevelopment districts when requested

by the Chief Executive Officer of a unit of local government located within the

boundaries of the site search area.