NH.Gov
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Bureau of Planning and Management |
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THE FOLLOWING RULES ARE ARE AN EXCERPT FROM THE
NEW HAMPSHIRE
PLANT AND PROPERTY MANAGEMENT RULES MANUAL, EFFECTIVE UPON
MAY 11, 2005.
Section Adm 610.01 through 610.26: "AGENCY LEASES"
PART Adm 610 AGENCY LEASES
| Adm 610.01 Scope |
| (a) |
These rules shall apply to all agencies renting or seeking to rent space
in a building through the division, to the extent not exempted by RSA 21-I:
18 or other law. |
| (b) |
These rules shall not apply to: |
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(1) |
Rental agreements arising by virtue of the department's responsibilities
regarding court facilities under RSA 490-B; |
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(2) |
The rental of land as opposed to space within a building; or |
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(3) |
The rental of space by an agency, department, branch of government or
any other organizational division of the State of New Hampshire to any
other agency, department, branch of government or other organizational
division of the state of New Hampshire. |
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| Adm 610.02 Definitions |
| (a) |
"Architectural barrier-free design committee" means the permanent
committee on architectural barrier-free design established by RSA 275-C:11. |
| (b) |
"Bureau" means the bureau of planning and management within the division
of plant and property management established under RSA 21-I: 12, II. |
| (c) |
"Clean air" means air quality which meets the standards relative to indoor
air quality within space inhabited by a state agency established pursuant
to RSA 10-B. |
| (d) |
"Division" means the division of plant and property management within
the department of administrative services, established by RSA 21-I: 11. |
| (e) |
"Exclusive rental" means the rental of space in a building by an agency
on a full-time basis, with no other entity having the right to occupy the
space, other than areas specifically designated as common areas. |
| (f) |
"Extension" means a clause within a rental agreement exercised at the
agency's option, allowing an extension of the contract's' expiration date
to a new, predetermined expiration date, while maintaining the same terms
and conditions as specified within the rental agreement. |
| (g) |
"Initial rental agreement" means the lease of, or license agreement relating
to, space within a building, executed on behalf of an agency when there
exists no prior lease or license agreement for the rental of that particular
space by the agency. |
| (h) |
"Lease" means a written agreement between a state agency and an individual
or association offering the exclusive rental of space within a building. |
| (i) |
"Lessor" means an individual or association that rents space to a state
agency under a lease agreement. |
| (j) |
"Letter of interest" means a letter signed by a person authorized to
make statements on behalf of an individual or association that is interested
in offering particular space for rent to the state, which letter contains
the information described at Adm 610.09. |
| (k) |
"License agreement" means a written agreement for the use of the premises
of another, for rent, on other than an exclusive basis. |
| (l) |
"Licensor" means an individual or association that rents space to a state
agency under a license agreement. |
| (m) |
"Local newspaper of general circulation" means a newspaper that: |
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(1) |
Is published at least once a week; |
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(2) |
Receives wide distribution, with or without subscription, to members
of the public in the municipality in which leased space is sought; and
(2) Is regularly used by members of the public to advertise rental property
in the community in which leased space is sought. |
| (n) |
"Master list of leased property" means the central
inventory maintained by the bureau of all physical space used by the state,
as described at RSA 21-I: 12 II. (b). |
| (o) |
"Renewal" means a rental agreement negotiated
for the same space as was previously occupied by an agency, to go into
effect after the expiration of an earlier rental agreement. |
| (p) |
"Rent" means to obtain or offer space within
a building that is possessed by an individual or association other than
the State of New Hampshire, by means of a written agreement. |
| (q) |
"Rental agreement" means either a lease or a
license agreement. |
| (r) |
"Rental package" means all documents relating
to a lease or a license agreement as described in Adm 610.15 and 610.19,
whichever is applicable. |
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| Adm 610.03 General Requirements. |
| (a) |
Agencies subject to these rules: |
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(1) |
Shall not begin any procedure for the purpose of renting
space, nor take any steps to rent space, without first contacting the bureau; |
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(2) |
Shall seek to enter into a rental agreement only according to the procedures
set forth in these rules. |
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(3) |
Shall not enter into a rental agreement without having first obtained
the recommendation of the bureau pursuant to 610.04 below; and |
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(4) |
Shall not enter into a rental agreement without having first obtained
the approvals required under Adm 610.05 below. |
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|
(b) |
All rental agreements shall be typewritten or printed in
computer-generated typescript. |
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|
(c) |
Unless otherwise authorized by these rules or otherwise allowed by law,
an agency wishing to rent space shall seek to procure such space by soliciting
letters of interest and competitive proposals for a written rental agreement. |
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|
(d) |
All rental agreement selection processes made by or through the division
are subject to cancellation by the state at any time and these rules shall
not be construed to impose any obligation on the part of the state to continue
a selection process once initiated, or to impose an obligation on the part
of the state to enter into a particular contract or purchase. |
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| Adm 610.04 Bureau and Division Recommendations. |
| (a) |
Pursuant to RSA 21-I: 12, II (a), the bureau shall provide to the director: |
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(1) |
For proposed rental agreements at no cost or at a cost exceeding a value
of $5,000 over the total duration of the agreement, a synopsis of each
proposed lease, and its recommendations relative to approval or rejection
of the proposed rental agreement; or |
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(2) |
For proposed rental agreements for a cost that does not exceed a total
value of $5,000 over the total duration of the agreement, its recommendations
relative to approval or rejection of the proposed rental agreement. |
| (b) |
The director shall, pursuant to RSA 21-I: 12,
II (a), provide the bureau's recommendations under (a) above to the commissioner. |
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| Adm 610.05 Required Format and Approval of Rental Agreements. |
| (a) |
Proposed rental agreements that an agency wishes to enter into at no
cost or at a cost exceeding a value of $5,000 over the duration of the
agreement shall, in addition to such other requirements as are imposed
by these rules: |
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(1) |
Require approval of the governor and executive council in accordance
with RSA 4:15; |
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(2) |
Require the approval of the department of justice; |
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(3) |
If a lease, be in the form specified at Adm 610.16; and |
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(4) |
If a license agreement, contain the information specified at Adm 610.17. |
| (b) |
Proposed rental agreements that an agency wishes
to enter into at a cost not exceeding a total value of $5,000 over the
duration of the agreement shall, in addition to such other requirements
as are imposed by these rules: |
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(1) |
Require the approval of the commissioner; |
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(2) |
If a lease, be in the form specified at Adm 610.20; and |
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(3) |
If a license agreement, contain the information specified at Adm 610.21. |
| (c) |
The commissioner shall, if a rental process
is not cancelled by the state, issue approval under (b)above (1) if he
or she concludes that the agreement: |
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(1) |
Is in conformity
with space needs of the state; |
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(2) |
Meets the requirements of these rules for which no waiver has been given; |
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(3) |
Is in accordance with statutory law or case law relative to the transaction
and would not result in a violation of those laws;
|
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(4) |
Is financially beneficial to the state; and |
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(5) |
Does not circumvent the state budget or budgetary process established
by the legislature. |
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| Adm 610.06 Public Notice. |
| (a) |
Except when exercising an option for an extension of an existing rental
agreement, as defined at Adm 610.02 (f) above, or when subject to the exemption
set forth at Adm 610.11 below, an agency seeking to rent space shall give
public notice in a local newspaper of general circulation no later than
6 months prior to the date that the agency intends to seek approval under
Adm 610.05 above. |
| (b) |
The public notice shall: |
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(1) |
Appear at least once in each of 2 consecutive weeks; and |
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(2) |
Contain at least the following information: |
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|
a. |
A statement that letters of interest are being sought from parties wishing
to be included in the rental agreement design development and proposal
process; |
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|
b. |
The name of the agency seeking the rental agreement; |
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|
c. |
The location where the space to be rented is sought; |
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|
d. |
The size of the space required; |
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|
e. |
The duration of rental agreement that is sought; |
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|
f. |
Any special requirements stemming from the proposed use of the space; |
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|
g. |
The deadline for submission of letters of interest; |
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|
h. |
The name, physical address and telephone number of the person to contact
for additional information and to whom all letters of interest shall be
addressed; |
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|
i. |
The statement that additional information and requirements regarding
the requested rental are available from the person identified in h. above
and are available on-line, together with the web address where such information
is available; and |
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|
j. |
The statement that the additional information and requirements specified
in i. above must be obtained from the contact person, or consulted on line,
in advance of the submission of a letter of interest; |
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| Adm 610.07 Additional Information to be Made Available by
Agency at Time of Public Notice. |
| (a) |
At the time of the public notice referred to in Adm 610.06 above, the
agency seeking to rent space shall promulgate and maintain at its physical
address, in addition to the information listed in Adm 610.06 above, a hard
copy of the following additional information regarding the space that it
is seeking: |
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(1) |
The usable square foot size of the space required; |
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(2) |
Whether or not the proposed lessor or licensor will be required to provide
utilities as a part of the rent; |
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(3) |
Whether or not the proposed lessor or licensor will be required to provide
custodial services as a part of the rent; |
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(4) |
A statement that the proposed lessor or licensor will be required to
comply with RSA 275-C and any rules adopted thereunder by the architectural
barrier-free design committee, as it relates to renting space; |
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(5) |
A statement that the proposed lessor or licensor will be required to
comply with RSA 10-B "clean indoor air in state buildings," and any rules
adopted thereunder which relate to the renting of space; |
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(6) |
A copy of a blank draft rental agreement that it is anticipated a lessor
or licensor would be required to execute if selected; |
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(7) |
A specification of any special type of interior space, or functional
requirements, desired by the agency; |
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(8) |
A specification of any other special requirements relative to the rental; |
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(9) |
The requirements for provision of parking relating to the rented space; |
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(10) |
Whether or not the agency is willing to share identified facilities,
such as rest rooms, with other tenants, or whether, instead such facilities
must be provided solely for the use of the agency; |
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(11) |
The deadline for submission of letters of interest; |
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(12) |
A statement that all letters of interest must be in writing; |
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(13) |
A statement specifying the items that must be included in a letter of
interest, as further specified Adm 610.09 below; |
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(14) |
A statement that any design development for renovating, improving, modifying
or otherwise changing the proposed premises in order to meet the agency's
needs shall be at the landlord's sole expense, and that planning or executing
such renovations, improvements, modifications or other changes does not
guarantee that a binding rental agreement will be entered into by the state; |
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(15) |
A statement that all letters of interest must be received by no later
than the deadline for submission specified in the public notice; and |
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(16) |
The name of the person in the agency who may be contacted for further
information, together with that person's telephone number and physical
address; . |
| (b) |
The agency seeking the rental shall provide the information listed in
(a) above to the bureau, which shall post this additional information on
its web site for the duration of the period specified for the submission
of letters of interest. |
| (c) |
The agency shall provide the information noted
in (a) above, in hard-copy form, upon request, to any individual or association
responding to a public notice or requesting such information in order to
engage in the rental agreement design development and proposal process
specified in Adm 610.12 below. |
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| Adm 610.08 Responses to Notices. Each individual or association
wishing to engage in the rental agreement design development and proposal
process specified in Adm 610.12 below shall: |
| (a) |
Prior to the submission of any letter of interest, either: |
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(1) |
Request from the agency, and review, the information noted in Adm 610.07
(a) above; or |
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(2) |
Review the information noted in Adm 610.07 (a) above on the bureau's
web site.
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| (b) |
Submit a letter of interest in writing to the
address specified in the notice, prior to the deadline for submission set
forth in the notice; and |
| (c) |
Include in the letter of interest all items
specified in the notice and at Adm 610.09 below. |
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| Adm 610.09 Content of Letters of Interest. Letters of interest shall
contain the following information: |
| (a) |
A statement that the submitting party wishes to offer a particular property
for review in response to a specified public notice or other specified
request by the state for a letter of interest; |
| (b) |
A statement that the submitting party presently believes that it would,
if selected, be willing to accept the terms and conditions of the draft
rental agreement noted in Adm 610.07 (a) (6) above; |
| (c) |
The business name, address, telephone number and e-mail address of the
entity submitting the letter of interest; |
| (d) |
A statement that the person submitting the letter of interest is legally
authorized to do so; |
| (e) |
The street address of the property offered for consideration; |
| (f) |
The approximate square footage of the property offered; |
| (g) |
A brief description of the building of which the proposed property is
a part, including at least the following: |
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(1) |
The number of floors; |
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(2) |
Whether or not all utilities and other services related to the occupancy
of the building are currently operable; |
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(3) |
Whether there is an operable elevator in the building; |
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(4) |
Whether the space is currently vacant; |
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(5) |
Whether the space is in good repair; |
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(6) |
If the space is in need of renovation, improvement, modification or other
change prior to being usable for the purposes identified by the agency,
a listing of the renovations, improvements, modifications or changes needed; |
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(7) |
A listing of the current occupants of the building and the location of
those users within the building; |
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(8) |
A description of the parking facilities that would be available to the
agency of the space was rented, together with the location of that parking;
and |
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(9) |
Such other information, if any, as may be specified in the agency's public
notice or other request for letters of interest; |
| (h) |
An appendix consisting of a map diagram of the
area surrounding the location of the proposed property which: |
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(1) |
Highlights the location of the property; |
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(2) |
Shows the uses of the property in the area surrounding the proposed property;
and |
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(3) |
Shows the nature of any businesses in the area surrounding the proposed
property. |
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| Adm 610.10 Initial Review of Potential Properties Following
Public Notice. |
| (a) |
Following the deadline for submissions of letters of interest, an agency
shall advise the bureau of the content of all letters of interest received. |
| (b) |
Following the deadline for receipt of letters of interest, the agency
shall, if the selection process has not been cancelled by the state, conduct
an initial review of proposed properties, consisting of an evaluation of
each property to determine whether it meets or exceeds the requirements
set forth under Adm 610.06 and Adm 610.07 above. |
| (c) |
In conducting its initial review of proposed properties under (b) above,
the agency shall consider factors including the following: |
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(1) |
The suitability of the property to the agency's specified business needs,
including the suitability of the proposed property's physical location
to the type of activity that is proposed to take place at the site and
the compatibility of activities taking place near the proposed rental property
to the activities proposed to take place at the property; and |
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(2) |
Whether the proposed property either: |
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|
a. |
Meets the requirements set forth by the agency in the public notice
or other specification of the desired space; or |
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|
b. |
Has the potential to meet the requirements set forth by the agency in
the public notice or other specification of the desired space if proposed
renovations, modifications, improvements or other changes to the property
were to take place. |
| (d) |
Following the initial review of proposed properties,
the agency shall, if the selection process has not been cancelled by the
state, within 30 working days of the deadline for submission of letters
of interest, inform those entities submitting letters of interest whether
the property submitted for consideration either: |
| |
(1) |
Is viable for design development, including
the development of contractual specifications for any renovations, improvements
modifications or other changes required and the development of a price
for any proposed space; or |
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(2) |
Does not fulfill the requirements of the public
notice or other property specifications, or is incompatible with the agency's
business needs, and therefore will not given further consideration. |
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| Adm 610.11 Exemptions and Waivers from Public Notice
Requirement. |
| (a) |
The rental of space at no cost or at a cost of $5,000 or less for the
total duration of the agreement shall be exempt from the notice, response
and initial selection requirements set forth in Adm 610.06 and Adm 610.08
through Adm 610.10 if: |
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(1) |
The agency submits to the bureau the information required by Adm 610.07;
and |
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(2) |
The agency provides the bureau with a detailed written description of
the reasons why the requested rental is in the best interest of the agency
and the state as a whole. |
| (b) |
Notwithstanding (a) above, if an agency so desires,
it may elect to utilize the notice, response and initial selection requirements
set forth in Adm 610.06 and Adm 610.08 through Adm 610.10 in the case of
rentals of space at no cost or at a cost of $5,000 or less for the total
duration of the agreement. |
| (c) |
The commissioner shall, on written request of
an agency seeking a rental of space at a cost of over $5,000, grant a waiver
from the notice, response and initial selection requirements set forth
in Adm 610.06 and Adm 610.08 through Adm 610.10 if he concludes either
that: |
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(1) |
The immediate procurement of rented space is necessary as
the result of: |
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|
a. |
The partial or complete destruction of other space; |
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|
b. |
The existence of a health hazard; |
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|
c. |
Manmade or natural disasters; |
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|
d. |
Changes in statutory, case law, administrative rules, or
the interpretation thereof; or |
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|
e. |
Other circumstances which render it necessary to procure
space more swiftly than would be possible by the utilization of the notice,
response and initial selection requirements of these rules; or |
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(2) |
The proposed rental: |
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|
a. |
Relates to space that is, or will, prior to agency occupancy,
be renovated, improved, modified or otherwise changed to be in compliance
with handicapped accessibility standards, clean air standards, and applicable
safety, fire, and building codes; and |
| |
|
b. |
Is in the best interests of the state and can be obtained
at a cost that compares favorably to the current price of similar space
for rent, or similar space that is currently rented by the state. |
| (d) |
In determining, under (c) (2) b. above, whether
a rental is in the best interests of the state and can be obtained at a
cost that compares favorably to the current price of similar space, the
commissioner's assessment shall include, but not be limited to, an assessment
of the possible disruption to public access and programs, the state's incurrence
of relocation expenses, and lost productivity. |
| (e) |
A request for a waiver under (c) (2) above shall
be rejected if any substantiated complaints relating to the issues described
in (c) (2) a. above have been made against the property, or are revealed
upon investigation of the proposed property by the bureau, and if the proposed
lessor fails to produce evidence that the issues have been, or are scheduled
to be, corrected. |
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| Adm 610.12 Rental Agreement Design Development
and Proposal Process. |
| (a) |
Following an agency's initial selection of the property or properties
that are potentially suitable for rental, the agency shall, in consultation
with the bureau and the proposed landlord's architectural representatives,
if the process has not been cancelled by the state, develop architectural
drawings, design development plans, parking and site plans and specifications
for each property under consideration. |
| (b) |
At the time of the agency's initial selection of the property or properties
that are potentially suitable for rental, the agency shall, if the process
has not been cancelled by the state, deliver to each proposed landlord
a written statement specifying the time by which delivery of completed
architectural drawings, specifications and a proposed rental price is required
of the potential landlord. |
| (c) |
Architectural drawings, design development plans and specifications under
(a) and (b) above shall accurately reflect the scope of work to be conducted
on all interior and exterior spaces at each proposed property. |
| (d) |
The individual or association submitting space for consideration shall
bear any expense associated with: |
| |
(1) |
The development of any architectural drawings and specifications; |
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(2) |
The creation of design development plans for renovating, improving, modifying
or otherwise changing the proposed space in order to meet the needs of
the agency; |
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(3) |
Any actual renovations, improvements, modifications or changes to such
space; and |
| |
(4) |
Any other costs associated with the design and development process. |
| (e) |
Planning or executing such plans, renovations,
improvements, modifications or changes relative to the space shall not
guarantee that a binding rental agreement will be entered into by the state; |
| (f) |
Following the development of architectural drawings
and specifications and the creation of design development plans for renovating,
improving, modifying or otherwise changing the proposed space, the proposed
landlord or landlords shall, if the process has not been cancelled by the
state, submit to the agency a proposal relative to the property that shall,
at a minimum: |
| |
(1) |
Be submitted prior to the submission deadline established under (b) above; |
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(2) |
Be in writing, signed by the individual making the proposal or a representative
of the association making the proposal who is authorized to make the proposal
on behalf of the association; |
| |
(3) |
Indicate that the individual or association presently believes that it
would be willing, if selected, to provide space that complies with the
architectural drawings, design development plans, parking and site plans
and specifications developed under this section, according to the terms
of the draft rental agreement. |
| |
(4) |
Describe the space offered, with reference to any architectural drawings,
specifications and design development plans created; |
| |
(5) |
State the price of the rental, calculated both by total price over the
duration of the proposed agreement and according to a schedule of payments;
and |
| |
(6) |
State that the proposed price shall be held for at least 180 days. |
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| Adm 610.13 Agency's Selection of Proposed Property. |
| (a) |
Following receipt of proposals under Adm 610.12 above, if the process
has not been cancelled by the state, the agency shall, in consultation
with the bureau, review all proposals received and determine which of the
proposals received meet the criteria under Adm 610.06 and 610.07 above,
and of those proposals meeting said criteria, which offers compliance at
the lowest cost. |
| (b) |
Following the selection of a proposed property by the agency, the agency
shall request approval of the rental agreement according to the rules set
forth below. |
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| Adm 610.14 Procedure for Requesting Approval of Rental
Agreements at No Cost or with a Total Value of Over $5,000. |
| (a) |
Following an agency's selection of the proposal that it wishes to accept
under Adm 610.13 above, and at least 6 months prior to the date that the
agency anticipates that it will request governor and executive council
approval of the rental agreement, the agency shall, if the process has
not been cancelled by the state: |
| |
(1) |
Apply for a recommendation from the architectural barrier-free design
committee in accordance with RSA 275-C; |
| |
(2) |
Apply for approval of clean air standards testing results in accordance
with RSA 10-B, or include in the text of the rental agreement conditions
stating that: |
| |
|
a. |
Within 30 days of the rental agreement being approved by the governor
and executive council, a clean air testing report conducted in compliance
with RSA 10-B shall be submitted for approval; and |
| |
|
b. |
Any deficiencies revealed in the report noted in a. above as needing
correction shall be remedied in a timely manner; |
| |
(3) |
Obtain estimates for the following services,
if any, if not provided by the proposed lessor or licensor under the terms
of the proposed rental agreement: |
| |
|
a. |
Utilities; |
| |
|
b. |
Custodial services; |
| |
|
c. |
Renovations; |
| |
|
d. |
Modifications;and |
| |
|
e. |
Repairs; |
| |
(4) |
Confer with the department of justice if any
amendments or modifications to the standard language of the proposed rental
agreement have been proposed; |
| (c) |
At least 2 weeks before requesting that the
governor and executive council approve a proposed lease or license agreement
at no cost or with a total value of over $5,000, the agency shall, if the
process has not been cancelled by the state, submit to the bureau a completed
rental package as specified in Adm 610.15 |
| (d) |
The submission of a completed rental package
to the bureau under (c) above shall constitute a request by the agency
for the bureau's recommendation as to the proposed lease or license agreement. |
Top of Page
| Adm 610.15 Rental Package for Rental
Agreements at No Cost or with a Total Value over $5,000. The completed rental package
for rental agreements at no cost or with a total value of over $5,000 shall
contain the following materials: |
| (a) |
A cover letter to governor and executive council requesting approval
of the rental agreement in accordance with RSA 4:15, including at least
the following: |
| |
(1) |
The name and address of the proposed lessor or licensor; |
| |
(2) |
The name and address of the agency; |
| |
(3) |
The purpose of the proposed lease or license agreement; |
| |
(4) |
The effective dates of the proposed lease or license agreement; |
| |
(5) |
Whether the proposed rental agreement is an initial, renewed, extended,
or amended lease or license agreement; |
| |
(6) |
Whether any option to extend is included in the terms of the proposed
rental agreement; |
| |
(7) |
The appropriation and object codes for the transaction; |
| |
(8) |
The proposed lessor's or licensor's vendor code number; |
| |
(9) |
The total dollar amount of the proposed lease or license agreement; |
| |
(10) |
The specifics of any request for a waiver by the governor and executive
council of any requirements that would normally relate to the rental agreement; |
| |
(11) |
Whether or not the proposed rental agreement is retroactive; |
| |
(12) |
Whether or not the proposed rental agreement is being provided by a sole
source provider; |
| |
(13) |
A detailed explanation of the circumstances of the rental agreement,
with attachments, including, at least: |
| |
|
a. |
Copies of the public notice advertisements, if any, and the dates that
they were published; |
| |
|
b. |
The names and addresses of all properties investigated; |
| |
|
c. |
Descriptions of the rental terms proposed by all respondents, if any; |
| |
|
d. |
The reason why the agency chose the proposed lessor or licensor named
in the rental agreement; |
| |
|
e. |
A description of the space to be rented; |
| |
|
f. |
The best estimate of the cost of services and items not included in the
rental agreement, including but not limited to the following: |
| |
|
|
1. |
Utilities, including estimates for the annual average costs of heat,
electricity, water and sewer; |
| |
|
|
2. |
Estimated annual costs of maintenance, custodial services, and snow removal; |
| |
|
|
3. |
Projected costs of any repairs, improvements, modifications, renovations
or other changes to be made to the rented space; and |
| |
|
|
4. |
Any other costs which shall be itemized, including the cost of recycling; |
| |
(14) |
Specifications regarding the agency to occupy
the rented space, including: a. The agency name and titles of any subsection;
and b. The number of staff positions to occupy the rented location; |
| |
(15) |
If the rental agreement is retroactive, a detailed
description of why; |
| |
(16) |
If the rental agreement is being provided by
a sole source provider, a description of why the solicitation of additional
proposals was not undertaken; |
| |
(17) |
If an apparently lower-priced proposal was not
chosen, a detailed justification of why the particular proposal was selected; |
| |
(18) |
If the selected location is not in compliance
with policies developed by the office of state planning under RSA 9-B,
a detailed justification of why compliance with RSA 9-B was not possible;
and |
| |
(19) |
The name and signature of the person submitting
the request; and |
| (b) |
One original and 11 photocopies of the completed
rental agreement, bearing the signatures of the agency and proposed lessor,
together with all attachments required by the rental agreement and the
signature of the representative of the department of justice indicating
approval of the agreement pursuant to Adm 610.16 (g) or Adm 610.17 (g). |
Top of Page
| Adm 610.16 Form of Leases at No Cost or at a
Cost of Over $5,000 |
| (a) |
In regard to leases at no cost or with cost of over $5,000 for the duration
of the agreement, the proposed lessor selected and the agency shall, if
the process has not been cancelled by the state, execute a standard lease
agreement available from the bureau as set forth below. |
| (b) |
An agency shall provide the following on a standard lease agreement form
available from the bureau: |
| |
(1) |
The date of the lease; |
| |
(2) |
The full name of the proposed lessor; |
| |
(3) |
If applicable, the state where the proposed lessor is incorporated; |
| |
(4) |
The street address of the proposed lessor's principal place of business,
including street number, street, city, state and zip code; |
| |
(5) |
The proposed lessor's telephone number; |
| |
(6) |
The name of the department entering into the lease; |
| |
(7) |
The full address of the tenant's primary business office; |
| |
(8) |
The tenant's telephone number; |
| |
(9) |
The location of the space to be leased, including the street number,
street, city, state and zip code; |
| |
(10) |
A description of the specific area of space to be leased, consisting
of square foot measurements, providing as an attachment a floor plan of
the space; |
| |
(11) |
The duration of the lease, including the starting and ending dates; |
| |
(12) |
Whether or not it is agreed that the commencement date of the lease will
be delayed; |
| |
(13) |
The number of days, if any, that the commencement date of the lease is
agreed to be delayed; |
| |
(14) |
A description of any extensions of
term; |
| |
(15) |
The annual rental amount, including any annual escalation in rent anticipated
during the term; |
| |
(16) |
The monthly rent, including any escalation in rent anticipated during
the term; |
| |
(17) |
The date when the first month's rent
is due; |
| |
(18) |
Whether or not provisions have been made for the payment of additional
rent in certain defined circumstances; |
| |
(19) |
If provision has been made for the payment of additional rent in certain
defined circumstances, the method by which additional rent shall be calculated
on an annual basis; |
| |
(20) |
Whether or not the proposed lessor will provide utilities included in
the annual rent and, if not, the utilities
not included; |
| |
(21) |
The purpose for which the premises
shall be used; |
| |
(22) |
Whether or not the proposed lessor will provide janitorial services included
in the annual rent and if so, a schedule describing the services that will
be provided; |
| |
(23) |
Whether or not certain improvements are to be made by the proposed lessor,
either prior to or after tenant occupancy and if so, accurate architectural
plans and specifications delineating all
improvements to be made; |
| |
(24) |
If improvements are to be made, the number of days, if any, that the
agreed date for completion of improvements may be delayed by the proposed
lessor in order to provide additional time for
completion; |
| |
(25) |
If improvements are to be made, the number of days notice in advance
of the agreed date for completion that the proposed lessor must notify
the tenant that completion will be delayed; |
| |
(26) |
Whether or not specified insurance
subrogation provisions are waived; |
| |
(27) |
The name of the department entering the lease; |
| |
(28) |
The full name and title of the person authorizing the lease on behalf
of the agency; |
| |
(29) |
The full name of the individual or association who will be entering the
lease as a lessor; and |
| |
(30) |
The name and title of the person authorizing the lease on behalf of the
proposed lessor; |
| (c) |
The standard lease agreement form available
from the bureau shall contain a provision indicating that the lease and
the commencement of its term, and any extensions thereof, is conditioned
upon its' approval by the governor and executive council. |
| (d) |
The terms and conditions of a standard lease
agreement form available from the bureau shall not be modified or amended
without first obtaining the recommendation and approval of the department
of justice. |
| (e) |
Unless modified, amended or otherwise altered
with the approval of the department of justice, each standard lease agreement
form submitted by an agency for approval shall have attached thereto each
of the following exhibits or attachments: |
| |
(1) |
A printed copy of an accurate floor plan of the leased space, measurable
to scale, which shall include an illustration of the space that is to be
for the agency's sole use, and any space to be shared with other building
occupants; |
| |
(2) |
If provision of designated parking spaces is included in the lease, an
accurate plan depicting the parking spaces and their relation to the building
and site shall also be included; |
| |
(3) |
If the annual rent is not a fixed amount throughout the length of term,
a schedule of annual and monthly payments due during the initial term and
during any extended term of the lease, referencing any and all provisions
of the lease that define the annual rent; |
| |
(4) |
If janitorial services are to be provided by the proposed lessor, a description
of those services and how they shall be performed; |
| |
(5) |
A description of the provisions that are either in place or are contractually
agreed to be performed in the future in order to assure architecturally
barrier-free access leading into and extending throughout the lease space,
in accordance with RSA 275-C and the federal Americans with Disabilities
Act; |
| |
(6) |
Proof, in the form of a letter signed by the committee on architectural
barrier-free design established pursuant to RSA 275-C, that the agency
has received an opinion from that committee regarding whether the leased
space meets barrier-free requirements; |
| |
(7) |
A description of the provisions made for testing for, and complying with,
clean air quality standards for state buildings in accordance with RSA
10-B, or a certificate of compliance with clean air quality standards; |
| |
(8) |
A detailed description of any improvements, renovations, modifications,
new construction or other changes to be made at the premises, containing
accurate, measurable floor plans depicting all proposed demolition and
or new construction, and the specifications for all new construction and
materials; |
| |
(9) |
A statement regarding whether or not waste will be recycled at the leased
site, in accordance with RSA 21-I: 14-a; |
| |
(10) |
If any modifications, amendments or other alterations have been made
to the standard lease agreement form, the text of those changes; |
| |
(11) |
A current certificate of insurance, indicating the existence of insurance
in an amount specified in the lease agreement; |
| |
(12) |
If the proposed lessor is a New Hampshire corporation, partnership or
other form of business association, a current certificate of good standing,
certificate of existence or other documentation from the New Hampshire
secretary of state indicating that the proposed lessor is duly constituted
and in good standing in the state of New Hampshire; |
| |
(13) |
If the proposed lessor is an corporation, partnership or other form of
business association not formed in New Hampshire, documentation from the
New Hampshire secretary of state that the proposed lessor is registered
to do business in New Hampshire; and |
| |
(14) |
If the proposed lessor is not an individual, a fully-executed certificate
of authority, in such format as is specified following consultation with
the department of justice, indicating that the corporation or other entity
has resolved to enter the agreement and that corporate officers or other
representatives of the entity are authorized to act in regard thereto. |
| (f) |
The proposed parties to the lease shall provide
authorized and notarized signatures in the spaces provided on the standard
lease agreement form, but such lease shall not be effective unless and
until approved by the department of justice and the governor and executive
council. |
| (g) |
The standard lease agreement form shall contain
spaces in which an authorized representative of the department of justice
shall, if he or she approves of the agreement, provide his or her signature
and the date thereof. |
| (h) |
The standard lease agreement form shall contain
spaces in which the approval of the governor and executive council, if
any, shall be noted by the office of the secretary of state, together with
the date of such approval. |
| (i) |
The clauses of the standard lease agreement
form shall incorporate any attached exhibits by reference. |
Top of Page
| Adm 610.17 Content of License Agreements at
No Cost or at a Cost of Over $5,000 |
| (a) |
In regard to license agreements at no cost or at a cost of over $5,000
for the duration of the agreement, the proposed licensor selected and the
agency shall, if the process has not been cancelled by the state, execute
a licensing rental agreement containing the information set forth below. |
| (b) |
A license agreement at no cost or for a cost of over $5,000 shall contain
at least the following: |
| |
(1) |
The name and address of the proposed licensor and the agency renting
space; |
| |
(2) |
A description of the space to be rented, including the street address,
location within the building, and square footage of the space being rented; |
| |
(3) |
The specific hours, days or times of occupancy by the agency; |
| |
(4) |
A description of the business purpose of the agreement; |
| |
(5) |
If the agreement includes the right to use services existing at the premises,
such as telephones, photocopiers or internet services, a description of
the services and the terms under which they are offered, including price;
|
| |
(6) |
The commencement and expiration dates of the agreement; |
| |
(7) |
A provision indicating that the agreement and the commencement of its
term, and any extensions thereof, is conditioned upon its approval by the
governor and executive council. |
| |
(8) |
The fee for the use of the premises, calculated both according to any
periodic payments and by total cost over the duration of the agreement; |
| |
(9) |
A provision regarding the insurance, that the proposed licensor shall
maintain; |
| |
(10) |
General terms and conditions including: |
| |
|
a. |
A provision regarding indemnification; |
| |
|
b. |
A provision indicating that no provision in the license is intended to
be, nor shall it be, interpreted by either party to be a waiver of sovereign
immunity. |
| |
|
c. |
A provision indicating that the license will be interpreted according
to the laws of New Hampshire; |
| |
|
d. |
A provision indicating that the license embodies the entire agreement
between the parties and supersedes all prior agreements relating to the
subject matter of the license; and |
| |
|
e. |
A provision indicating that the agreement may only be modified or amended
by mutual agreement, in a writing signed by the parties, and that no amendment
will become effective without the approval of the governor and executive
council; |
| |
(11) |
The name of the department entering the license; |
| |
(12) |
The full name and title of the person authorizing
the license on behalf of the agency; |
| |
(13) |
The full name of the individual or association
that will be entering the license as a licensor; and |
| |
(14) |
The name and title of the person authorizing
the license on behalf of the proposed licensor; |
| (c) |
Sample license agreements shall be made available
to an agency by the bureau. |
| (d) |
The terms of a license agreement described in
(b) above shall be contained in any license agreement submitted for approval
by the agency unless a modification or amendment thereof has been approved
by the department of justice. |
| (e) |
Unless modified, amended or otherwise altered
following consultation with the department of justice, each license agreement
at no cost or for a cost of over $5,000 submitted by an agency for approval
shall have attached thereto the following: |
| |
(1) |
If janitorial services are to be provided by
the proposed licensor description of those services and how they shall
be performed; |
| |
(2) |
A description of the provisions that are either
in place or are contractually agreed to be performed in the future in order
to assure architecturally barrier-free access leading into and extending
throughout the licensed space, in accordance with RSA 275-C and the federal
Americans with Disabilities Act; |
| |
(3) |
Proof, in the form of a letter signed by a representative
of the committee on architectural barrier-free design established pursuant
to RSA 275-C, that the agency has received an opinion from that committee
regarding whether the licensed space meets barrier-free requirements; |
| |
(4) |
A current certificate of insurance, indicating
the existence of insurance in an amount specified in the license agreement; |
| |
(5) |
If the proposed licensor is a New Hampshire
corporation, partnership or other form of business association, a current
certificate of good standing, certificate of existence or other documentation
from the New Hampshire secretary of state indicating that the proposed
licensor is duly constituted and in good standing in the state of New Hampshire; |
| |
(6) |
If the proposed licensor is a corporation, partnership
or other form of business association not formed in New Hampshire, documentation
from the New Hampshire secretary of state that the proposed licensor is
registered to do business in New Hampshire; |
| |
(7) |
If the proposed licensor is not an individual,
a fully-executed certificate of authority, in such format as specified
following consultation with the department of justice, indicating that
the corporation or other entity has resolved to enter the agreement and
that corporate officers or other representatives of the entity are authorized
to act in regard thereto; |
| |
(8) |
A printed copy of an accurate floor plan of
the licensed space, measurable to scale, which shall include an illustration
of the spaces within the building to be used by the agency; and |
| |
(9) |
If the annual rent is not a fixed amount throughout
the duration of the term, a schedule of annual and monthly payments due
during the initial term and during any extended term of the license, referencing
any and all provisions of the license that define the annual rent; |
| (f) |
The parties to the license agreement shall provide
their authorized and notarized signatures on the license agreement, but
such license agreement shall not be effective unless and until approved
by the department of justice and the governor and executive council. |
| (g) |
A standard license agreement shall contain spaces
in which an authorized representative of the department of justice shall,
if he or she approves of the agreement, provide his or her signature and
the date thereof. |
| (h) |
A license agreement shall contain spaces in
which the approval of the governor and executive council, if any, shall
be noted by the office of the secretary of state, together with the date
of such approval. |
| (i) |
A license agreement shall contain, as an attachment,
a cover letter submitted or to be submitted by the agency to the governor
and executive council, requesting authority to enter into the license agreement. |
| (j) |
The clauses of a license agreement shall incorporate
any attached exhibits by reference. |
Top of Page
| Adm 610.18 Procedure for Requesting
Approval of Rental Agreements at a Cost of $5,000 or Less. Following an agency's
selection of a property that it wishes to rent at a cost of $5,000 or under,
the agency shall, if the process has not been cancelled by the state: |
| (a) |
If not provided by the proposed lessor or licensor under the terms of
the proposed rental agreement, obtain estimates for the following services: |
| |
(1) |
Utilities; |
| |
(2) |
Custodial services; |
| |
(3) |
Renovations; |
| |
(4) |
Modifications; and |
| |
(5) |
Repairs; |
| (b) |
In the case of a lease agreement, submit to
the bureau the rental package described at Adm 610.19 below, including: |
| |
(1) |
The completed and fully signed rental agreement described at Adm 610.20
bearing the signatures of the agency and the proposed lessor; |
| |
(2) |
All attachments required by the agreement; and |
| |
(3) |
If any modifications, amendments or other alterations have been made
to the lease agreement form, the signature of a representative of the department
of justice indicating approval of the change; |
| (c) |
In the case of a license agreement, submit to the bureau the rental package
described at Adm 610.19 below, including: |
| |
(1) |
The completed and fully signed rental agreement described at Adm 610.21
bearing the signatures of the agency and the proposed lessor; |
| |
(2) |
All attachments required by the agreement; and |
| |
(3) |
If any modifications, amendments or other alterations have been to the
content required under Adm 610.21, the signature of a representative of
the department of justice indicating approval of the changes; and |
| (d) |
If any amendments or modifications to the language of a lease agreement
form as set forth at Adm 610.20 or the contents of a license agreement
as set forth at Adm 610.21 are desired to be made in the rental agreement,
confer with the department of justice regarding the modifications or amendments. |
Top of Page
| Adm 610.19 Rental Package for Rental
Agreements at a Cost of $5,000 or Less. The completed rental package for rental agreements at a cost of $5,000
or less shall contain: |
| (a) |
A cover letter requesting the bureau's recommendation on the rental agreement,
and containing the following information: |
| |
(1) |
The reason why the agency chose the proposed lessor or licensor named
on the rental agreement; |
| |
(2) |
The best estimate of the cost of services and items that might result
in a cost to the agency that is not included in the rental agreement, including
but not limited to the following: |
| |
|
a. |
Utilities, including estimates for the annual average costs of heat,
electricity, and water; |
| |
|
b. |
Estimated annual costs of maintenance, custodial, snow removal and cleaning
services; |
| |
|
c. |
Projected costs of any repairs, improvements, renovations, modifications
or other changes to be made to the rented space; |
| |
|
d. |
Any other costs, including the cost of recycling, which costs shall be
itemized; and |
| |
(3) |
Specifications regarding the agency that is to occupy the rented space,
which specifications shall include: |
| |
|
a. |
The agency name and names of subsections; |
| |
|
b. |
The number of staff positions that are to occupy the rented location;
and |
| |
|
c. |
The total square footage of the space to be rented; |
| (b) |
If the rental agreement is a proposed lease,
the original and one copy of the completed and fully signed rental agreement,
in the form set forth in Adm 610.20, together with all attachments; |
| (c) |
If the rental agreement is a proposed license
agreement, the original and one copy of the completed and fully signed
rental agreement containing the information noted at Adm 610.21. |
Top of Page
| Adm 610.20 Form of Leases at a Cost of $5,000
or Less. |
| (a) |
In regard to leases at a cost of $5,000 or less over the duration of
the agreement, the proposed lessor selected and the agency shall, if the
process has not been cancelled by the state, execute a standard lease agreement
form available from the bureau. |
| (b) |
Unless modified, amended or otherwise altered with the approval of the
department of justice, an agency shall provide on the standard lease agreement
form available from the bureau at least the information set forth at Adm
610.16 (b) above. |
| (c) |
The standard lease agreement form available from the bureau shall contain
a provision indicating that the lease and the commencement of its term,
and any extensions thereof, is conditioned upon its approval by the commissioner. |
| (d) |
The terms and conditions of a standard lease agreement form available
from the bureau shall not be modified or amended except upon approval of
the department of justice. |
| (e) |
Unless modified, amended or otherwise altered following consultation
with the department of justice, in order to address the specific circumstances
of the particular agreement, each standard lease agreement form submitted
for approval shall have attached thereto each of the following exhibits
or attachments: |
| |
(1) |
If any modifications or amendments to the standard rental agreement have
been made, the text of those changes; |
| |
(2) |
A current certificate of insurance from the proposed lessor indicating
that the proposed premises are insured in the amounts specified in the
proposed lease or in attachments or addenda thereto; |
| |
(3) |
If the proposed lessor is a New Hampshire corporation, partnership or
other form of business association, a current certificate of good standing,
certificate of existence or other documentation from the New Hampshire
secretary of state indicating that the proposed lessor is duly constituted
and in good standing in the state of New Hampshire; |
| |
(4) |
If the proposed lessor is an corporation, partnership or other form of
business association not formed in New Hampshire, documentation from the
New Hampshire secretary of state that the proposed lessor is registered
to do business in New Hampshire; |
| |
(5) |
If not provided by the proposed lessor under the terms of
the proposed rental agreement, estimates for the following services: |
| |
|
a. |
Utilities; |
| |
|
b. |
Custodial services; |
| |
|
c. |
Renovations; |
| |
|
d. |
Modifications;and |
| |
|
e. |
Repairs; |
| |
(6) |
A printed copy of an accurate floor plan of the leased space, measurable
to scale, which shall include an illustration of the space that is to be
for the agency's sole use, and any space to be shared with other building
occupants; |
| |
(7) |
If provision of designated parking spaces is included in the lease, an
accurate plan depicting the parking spaces and their relation to the building
and site must also be included; |
| |
(8) |
If the annual rent is not a fixed amount throughout the length of term,
a schedule of annual and monthly payments due during the initial term and
during any extended term of the lease, referencing any and all provisions
of the lease that define the annual rent; |
| |
(9) |
If janitorial services are to be provided by the proposed lessor, a description
of those services and how they shall be performed; |
| |
(10) |
A description of the provisions that are either in place or are contractually
agreed to be performed in the future in order to assure architecturally
barrier-free access leading into and extending throughout the lease space,
in accordance with RSA 275-C and the federal Americans with Disabilities
Act; |
| |
(11) |
A description of the provisions made for testing for, and complying with,
clean air quality standards for state buildings in accordance with RSA
10-B, or a certificate of compliance with clean air quality standards; |
| |
(12) |
A detailed description of any improvements, renovations, modifications,
new construction or other changes to be made at the premises, containing
accurate, measurable floor plans depicting all proposed demolition and
or new construction, and the specifications for all new construction and
materials; |
| |
(13) |
A statement regarding whether or not waste will be recycled at the leased
site, in accordance with RSA 21-I: 14-a; and |
| |
(14) |
If the proposed lessor is not an individual, a fully-executed certificate
of authority, in such format as is specified by the division following
consultation with the department of justice, indicating that the corporation
or other entity has resolved to enter the agreement and that corporate
officers or other representatives of the entity are authorized to act in
regard thereto. |
| (f) |
The proposed parties to the lease shall provide
authorized and notarized signatures in the spaces provided on the standard
lease agreement form, but such lease shall not be effective unless and
until approved by the commissioner according to the standards set forth
at Adm 610.05 (c). |
| (g) |
Any recommendation issued by the department
of justice for any modifications or amendments of the standard lease agreement
form may be noted by the department of justice either on the proposed lease
agreement form or in an attachment thereto. |
| (h) |
The standard lease agreement form shall contain
a space in which the approval of the commissioner, if any, shall be noted,
together with the date of such approval. |
Top of Page
| Adm 610.21 Content of License Agreements for
a Cost of $5,000 or Under. |
| (a) |
In regard to license agreements at a cost of $5,000 or less over the
duration of the agreement, the proposed licensor selected and the agency
shall, if the process has not been cancelled by the state, execute a licensing
rental agreement containing, unless modified, amended or otherwise altered,
following consultation with the department of justice, in order to address
the specific circumstances of the particular case, at least that material
specified at Adm 610.17 (b) above, except that the provision noted in Adm
610.17 (b) (7) regarding approval shall indicate that the agreement and
the commencement of the term of the agreement, and any extensions thereof,
is conditioned upon its approval by the commissioner. |
| (b) |
Sample license agreements shall be available to an agency from the bureau. |
| (c) |
The terms of a license agreement described in (b) above shall be contained
in any license agreement submitted for approval by the agency unless a
modification or amendment thereof has been made following consultation
with and recommendation by the department of justice. |
| (d) |
Each license agreement at a cost of $5,000 or less submitted by an agency
for approval shall have attached thereto, unless modified, amended or otherwise
altered following consultation with the department of justice, the material
noted at Adm 610.20 (e), with the exception of
the items described at Adm 610.20 (e) (10),
(11) and (13). |
| (e) |
The parties to the license agreement shall provide their authorized and
notarized signatures on the license agreement, but such license agreement
shall not be effective unless and until approved by the commissioner according
to the standards set forth at Adm 610.05 (c). |
| (f) |
Any approval or recommendation issued by the department of justice for
modifications or amendments of the content of the proposed license agreement
shall either be attached as an exhibit to the proposed license agreement
submitted by the agency, or noted by the department of justice on the proposed
license agreement itself. |
| (g) |
The clauses of the proposed license agreement shall incorporate any attached
exhibits by reference. |
Top of Page
| Adm 610.22 Vendor Code Number Requirements for
Lessors and Licensors |
| (a) |
A lessor or licensor that does not possess a vendor code number shall,
before or immediately after final approval of a rental agreement by the
governor and council or by the commissioner, submit to the division a fully
executed state of New Hampshire alternate W-9 form as described in Adm
603.03. |
| (b) |
Following submission of the alternate W-9 form, the lessor or licensor
shall be assigned a vendor code number. |
| (c) |
The provisions of Adm 603.04 relating to the vendor code number list
and removal from the list shall apply to lessors and licensors holding
vendor code numbers. |
Top of Page
| Adm 610.23 Agency Reporting of Leases and Licenses
for Use of Premises. |
| (a) |
In accordance with RSA 21-I:11, VII. (b) and the bureau's responsibilities
under RSA 21-I: 12, each agency renting
space shall report the status of any rental
agreement to the bureau in writing at least
once each year. |
| (b) |
The report on the status of each rental agreement under (a) above shall: |
| |
(1) |
Be in the form of a letter to the bureau signed by an authorized representative
of the agency; and |
| |
(2) |
Shall include at least the following information: |
| |
|
a. |
Whether or not the premises have been vacated or are still occupied; |
| |
|
b. |
Whether or not rent is currently being paid; |
| |
|
c. |
The annual cost of all utilities and other costs of occupancy that are
not included in the annual rent; |
| |
|
d. |
Whether or not the information contained on the bureau's master list
of leased property is correct as of the date of the report; and |
| |
|
e. |
If the information contained on the bureau's master list of leased property
is not correct as of the date of the report, the items that are incorrect,
together with the correct information. |
| (c) |
Reports under (a) above shall be submitted no later than May 1 of each
year. |
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| Adm 610.24 Duration of Rental Agreements. |
| (a) |
Unless waived in accordance with paragraph (b) below, no rental agreement
shall be for a duration of more than 5 years, including any option or options
to extend. |
| (b) |
In accordance with RSA 4:39-b, any request for waiver of the 5-year maximum
duration set forth in paragraph (a) above shall be submitted to the long
range capital planning and utilization committee described at RSA 17-M
for approval. |
| (c) |
Any request for a waiver under paragraph (b) above shall be reviewed
and approved by the long-range capital planning and utilization committee
prior to submission of the rental agreement to the governor and executive
council, or to the commissioner, for approval. |
| (d) |
If an agency wishes to extend the duration of a rental agreement, and
if such agreement originally required governor and executive council approval,
any extension shall itself require separate governor and executive council
approval, whether or not reference to the possibility of an extension was
cited in the original rental agreement. |
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| Adm 610.25 Waiver Procedure. |
| (a) |
A waiver from the provisions of these rules shall be granted by the commissioner
if requested by an agency and the commissioner concludes that: |
| |
(1) |
The waiver is allowed by law; |
| |
(2) |
The agency is required by law or by instruction of the governor and executive
council to meet a deadline to obtain leased space sooner than the time
periods established by these rules; and |
| |
(3) |
The waiver is the result of circumstances beyond the agency's control. |
| (b) |
An agency requesting a waiver under (a) above shall do so in a writing
that contains a detailed description of why the waiver is necessary, including
an explanation of how the request for a waiver comports with the standards
set forth in (a) above; |
| (c) |
The commissioner shall waive the provisions of these rules, regardless
of whether an agency has so requested, if the commissioner concludes either
that: |
| |
(1) |
Waiver is required under the standards set forth at (a) above; |
| |
(2) |
The purpose of the rule sought to be waived would be achieved even
if waiver were given and the waiver is necessary to advance the purposes
of RSA 21-I; |
| |
(3) |
The waiver is required by law; or |
| |
(4) |
Waiver is warranted under Adm 601.07 (b). |
| (d) |
A waiver granted under this section shall not
be permanent in nature and shall only apply to the particular circumstances
giving rise to the issuance of the waiver. |
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| Adm 610. 26 Cancellation of Selection Process. |
| (a) |
The division or commissioner shall at any time in the process cancel
any rental agreement selection process, design development and proposal
process, or selection process when the division or commissioner concludes
that the continuation of the particular process or rental is not in the
best interests of the state of New Hampshire. |
| (b) |
For the purposes of (a) above, the division or commissioner shall cancel,
or decline to enter into any agreement, if the division or commissioner
concludes either that: |
| |
(1) |
Such action is warranted so as to avoid the potential that space of an
unacceptable quality, price, type, or other term of agreement will be provided
to the state; |
| |
(2) |
Such action is warranted under the terms of the particular rental selection
process; |
| |
(3) |
Such action is warranted so as to enable an agency to fulfill its mission,
or for the state to maximize the effective use of funds or other resources; |
| |
(4) |
Such action is required in view of funding constraints; |
| |
(5) |
Such action would be likely to enable the state to address its needs
in a more timely, efficient or cost-effective manner than would continuation
of the process; |
| |
(6) |
Such action is warranted so as to comply with statutory law, case law,
or these rules, or to advance the purposes of RSA 21-I or these rules;
or |
| |
(7) |
Such action is otherwise warranted to foster the integrity of the process. |
| (c) |
Cancellation under the foregoing paragraphs
shall not preclude the initiation of a new process for the selection of
rented space in regard to the matter cancelled. |
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