PURPOSE: This rule establishes the agency of authority and responsibility for procuring and managing leased real property.

1. (1) The commissioner of administration is the exclusive representative of the state of Missouri in all real estate leasing transactions except as otherwise provided in this chapter. Neither the tenant/using agency nor any individual, organization or group, other than the commissioner of administration, shall have authority to obligate the state of Missouri in real estate leasing transactions in any form.
2. (2) The tenant/using agency shall have primary responsibility for managing the day-to-day operation of the leased premises, but shall have no authority to waive or modify provisions of the bid specifications or the terms and conditions of the lease. The tenant/using agency shall provide the commissioner of administration with written documentation of any problems, complaints or concerns that are contrary to the terms and conditions of the lease.

3. (3) The commissioner of administration may establish and maintain written guidelines to implement these regulations governing the leasing of real property. The guidelines may include, but not be limited to:

   1. (A) Procedures and documents for identifying the amount and type of real property needed;
   2. (B) Procedures and documents for procuring leased premises; and
   3. (C) Procedures and documents for administering the contracts.
4. (4) All leases entered into by the Office of Administration shall prohibit carrying a firearm or other weapon readily capable of lethal use into the leased premises. This pro- 1 CSR 35-2

hibition shall not apply to state and federal law enforcement officers, peace officers, probation and parole officers, wardens and superintendents of prisons or penitentiaries, members of the armed forces and national guard, persons vested with judicial authority by the state or federal court, and members of the state General Assembly, acting in their official capacity. This prohibition shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121, RSMo while such person is servicing an automated teller machine (ATM) in a state owned or leased building; provided, however, that employers of such persons must supply in writing to the state facilities operations manager the names, addresses and photographs of their employees authorized to service such ATMs at least five (5) business days before such persons start servicing the ATMs, and the employers must immediately advise in writing to the state facilities operations manager when any such employee is no longer working for said employer. Possession of a firearm by a person holding a valid state concealed carry endorsement in a vehicle located in a parking area upon the premises of any area referenced in this rule shall not be prohibited so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.

AUTHORITY: sections 8.110, 8.320, 34.030, 37.005 and 536.025, RSMo 2000 and 536.023.3, RSMo Supp. 2005.* Original rule filed April 15, 1998, effective Nov. 30, 1998. Emergency amendment filed Oct. 9, 2003, effective Oct. 19, 2003, expired April 15, 2004. Amended: Filed Oct. 9, 2003, effective April 30, 2004. Amended: Filed Oct. 27, 2005, effective April 30, 2006. *Original authority: 8.110, RSMo 1939, amended 1949, 1957, 1965, 1995; 8.320, RSMo 1958, amended 1965; 34.030, RSMo 1939, amended 1945; 37.005, RSMo 1973, amended 1983, 1986, 1987, 1991, 1996, 1997; 536.023, RSMo 1975, amended 1976, 1997, 2004; and 536.025, RSMo 1975, amended 1976, 1993, 1995, 1997.