PURPOSE: This rule establishes a uniform procedure for procuring leased real property.

1. (1) All acquisitions of leased property, including both newly executed leases and the extensions of existing leases after all renewal options have expired, shall be procured through publicly advertised competitive proposals, unless the commissioner of administration deems it to be in the best interest of the state to negotiate a particular procurement.
2. (2) For each lease, the commissioner of administration, in conjunction with the tenant/using agency, shall develop a Request for Proposal (RFP) for the property to be acquired.

3. (3) The commissioner of administration may suspend from bidding on state leases any individual or organization who—

   1. (A) Materially fails to comply with the provisions of an award from the state or a lease agreement with the state;
   2. (B) Submits false or misleading information in response to an RFP;
   3. (C) Takes actions that are intended to inhibit or prevent the operation of an open, competitive bid or proposal process; or
   4. (D) Acts in a manner contrary to sound or ethical business practice, or in a manner deemed by the commissioner of administration to be detrimental to state leasing practice.
4. (4) The commissioner of administration may require any bidder/lessor to submit a surety document payable to the state of Missouri to insure compliance with the RFP and/or lease.
5. (5) The commissioner of administration shall conduct an evaluation of all proposals in accordance with the RFP.

6. (6) The decision to award a lease to a lessor shall be based upon the lowest and best proposal received in accordance with the terms of the RFP.

   1. (A) No individual, agency or organization other than the commissioner of administration may obligate the state of Missouri in the procurement of leased real property.
   2. (B) The commissioner of administration reserves the right to reject any and all proposals, and may waive any minor informality or irregularity in a proposal.
   3. (C) The lessor will be required to comply with all terms and conditions stipulated in the proposal as accepted.
7. (7) The commissioner of administration may require the successful bidder to submit specified documents detailing any renovation and/or construction that is to occur on the premises to insure compliance with the proposal.
8. (8) The commissioner of administration may signify that the documents for major construction projects or renovations have been reviewed and accepted by issuing a notice to proceed to the successful bidder.

AUTHORITY: section 34.030, RSMo 1994.* Original rule filed April 15, 1998, effective Nov. 30, 1998.

*Original authority: 34.030, RSMo 1939, amended 1945.