60H-1.015. Procurement Proceduress for Leases of 5,000 Square Feet or More in Privately-Owned Buildings

(1) Procurement specifications for competitive solicitation shall promote competition and not favor any particular potential respondent.

(2) At a minimum, Agency specifications in a competitive solicitations shall include:

(a) Approximate Net Usable Square Footage per Rule 60H-2.003, F.A.C.;

(b) Areas where the potential lease could be located to meet the Agency’s location needs;

(c) Requested occupancy date;

(d) Desired term of lease and potential for renewal options;

(e) Date by which responses must be received;

(f) Anticipated date for award of procurement;

(g) Services required, including technical and operational requirements established by the agency; and,

(h) Agency criteria to be used in determining acceptablility of any response.

(3) All competitive solicitations issued by agencies, pursuant to Section 255.25(3)(a), F.S., must be advertised by electronic posting for no less than 10 calendar days prior to the date for receipt of responses, unless the Department or Agency determines in writing that a shorter period of time is in the Best Interests of the State. All Agency decisions or intended decisions (as defined in Rule 28-110.002, F.A.C.), must be electronically posted on the myflorida.com website.

(4) A response to a competitive solicitation shall bind the responder for a minimum of ninety days following the public response due date, and shall comply with Section 633.206, F.S. For out-of-state leases, the respnse shall comply with the state’s equivalent of Section 633.206, F.S. All responses shall include the following:

(a) A life-cycle cost analysis pursuant to Section 255.254(1), F.S., and Rule 60D-4.006, F.A.C.;

(b) The respondent’s agreement to enter into a lease approved by the Department;

(c) A scaled floor plan showing present configurations and measurements per Rule 60H-2.003, F.A.C.;

(d) A rental rate per square foot per year for all years of the lease, including renewals, that will include all renovations and other special requirements necessary to accommodate the Agency at the time of initial occupancy;

(e) A general description of the space such as a room number, building name, and physical address;

(f) The respondent’s agreement to each Agency’s renovation and other special requirements necessary to accommodate the Agency at the time of initial occupancy;

(g) The signature of the owner(s), corporate officer(s) or legal representative(s). If signed by a legal representative, appropriate documentation of the signatory’s authority must be provided;

(h) The corporate, trade or partnership name either stamped, written or typewritten beside the actual signature(s); and,

(i) If the owner is a foreign corporation otherwise prohibited from transacting business in this state pursuant to Section 607.1501, F.S., a certificate of authority pursuant to Section 607.1502, F.S. The respondent must include proof of the respondent’s authority to offer the facility, i.e., copy of the respondent’s option to purchase (if the respondent is not the owner or owner’s representative). This option must be valid for at least 90 days following the public response due date.

(5) Opening of Competitive Solicitations; The Agency shall:

(a) In the case of an invitation to bid, announce at a noticed public meeting the name of each bidder and the price submitted in the bid.

(b) In cases of requests for proposals or invitations to negotiate, make available upon request the name of each respondent and the price submitted in the response.

(6) Criteria for Evaluation.

(a) All evaluation team members shall have knowledge and experience in the requirements in the area for which leasing services are sought to meet the needs of the Agency.

(b) An Agency shall establish criteria in the solicitation that clearly identifies the type of solicitation and evaluation criteria, pursuant to Section 255.25, F.S.

(c) Conflict of Interest. Individuals taking part in the development of the soliciation criteria, selection criteria for evaluation, the evaluation process or the award process shall be independent of, and have no conflict of interest in, the entities evaluated and selected. Such individuals shall so attest in writing and the attestation shall be placed in the agency file.

(7) Replacement Lease.

(a) The Department will determine if it is in the Best Interests of the State to approve an Agency replacement lease request. When making this determination, the Department will consider the availability of state-owned space, and analyses of build opportunities, and the availability of acquisition opportunities. Upon Department request, the Agency must supply the following information:

1. An independent comparative market analysis;

2. The number of available properties that have the potential to meet the Agency’s needs;

3. Areas where the potential lease could be located to meet the Agency’s location needs if the Agency were directed to re-procure;

4. Demographic data showing the location of those that benefit from the services of the Agency, if accessibility is an issue; and,

5. A cost benefit analysis comparing the rent and operating costs of the present location(s) with the rent and operating costs for proposed replacement lease(s).

(b) If the Department determines that it is in the Best Interests of the State for an Agency to remain in its present location, a replacement lease may be negotiated 18 to 36 months prior to lease expiration if:

1. The independent comparative market analysis supplied in subparagraph (5)(a)1., demonstrates that the rental rates of the replacement lease will be at or below the total of the market rates for a comparable lease plus moving costs;

2. The term of the replacement lease does not exceed the term of the lease being replaced, excluding any renewal options; and,

3. All other leasing requirements are met.

(8) This rule shall not apply to leases for the purpose of providing care and living space for persons.

Rulemaking Authority 255.249 FS. Law Implemented 255.21, 255.249, 255.25, 255.254, 255.257 FS. History–New 4-25-79, Amended 4-19-83, Formerly 13D-7.092, Amended 3-18-86, Formerly 13M-1.015, Amended 2-21-96, 5-13-03, 4-27-04, 7-12-07, 4-29-10, 7-19-15, 3-28-16.