Section 12-8-300.9 - NON-COMPETITIVE PROPOSALS The following types of lease or space agreements are exempt from competitive procurement; however; such leases are subject to PPRB approval and the following requirements. Use of RPM Division template contract documents is required unless it is determined that such documents are either not practicable or not advantageous to the State for the specific lease in the opinion of the RPM Division Director. Any requested modifications and/or supplementary conditions to template forms and/or template contract shall be clearly identified in the applicable sections of the template documents.
(1)Leases with Other State Agencies, Institutions and Divisions of Government: Agencies and departments may enter into Leases with other state agencies, state institutions of higher learning, community and junior colleges, and other subdivisions of government without competition subject to the space being in compliance with space utilization requirements as documented on RPM Space Evaluation Form and the following conditions:
a. The cost of the Lease is nominal or limited to no more than the actual documented costs to operate and maintain the premises by the Lessor; or, b. The cost of the Lease is no greater than prevailing market rate as documented on RPM Division Market Rate Survey Form prepared by Mississippi Licensed Realtor and the Agency Head determines in writing that location in such space is in the State's best interest for the reasons including, but not limited to: i. Co-location with such entity is necessary or advantageous to carry out a joint mission or project;ii. Co-location with such entity allows for shared services or resources; or,iii. Co-location with such entity allows access to multiple governmental services to the citizens of Mississippi at a single location. (2)Succeeding Leases: Agencies and departments may enter into new Leases with a term not to exceed five (5) years, with no renewals, to provide for continued occupancy of the current premises at the end of a lease and all contractually permitted renewals without competition subject to the space being in compliance with space utilization requirements as documented on RPM Space Evaluation Form and the following conditions: a. The proposed lease Rental Rate for the proposed term is no greater than the prevailing market rate, as documented on RPM Division Market Rate Survey Form prepared by a Mississippi Licensed Realtor unaffiliated with the owner of the current property; b. The cost to relocate, as documented on RPM Division Total Cost Evaluation Form, is substantially greater than any likely savings to be derived from a competitive procurement; and, c. The initial lease plus all previous renewals and/or succeeding leases does not yet exceed thirty-five (35) years. (3)Emergency Leases: If the Agency Head shall determine that an emergency exists in regard to the provision of space, so that the delay incident to giving opportunity for competitive procurement would be detrimental to the interests of the state, then such Agency Head shall file with the RPM Division a statement explaining the conditions and circumstances of the emergency, which shall include a detailed explanation of the events leading up to the situation and the negative impact to the entity if the procurement is made following the requirements of 300.8 Competitive Sealed Lease Proposals, and a certified copy of the appropriate minutes of the board of such agency requesting the emergency purchase, if applicable. Upon receipt of the statement and applicable certification, the State Fiscal Officer, or his designees, may, in writing authorize the leasing of space without having to comply with competitive bidding requirements. The RPM Division shall submit the Emergency Lease to the next regularly scheduled meeting of the PPRB for ratification. Emergency Leases shall be entered into for the minimum amount of time necessary and shall not exceed a term of one (1) year with no permitted renewals. (4)Vacant Land Leases: Agencies and departments may enter into Leases for vacant land without competition but shall submit written justification of need, steps taken to identify the most advantageous property available, and how proposed Rental Rate was determined to be fair and reasonable. (5)Parking, Hangar & Boat Slip Leases: Agencies and departments may enter into Leases for parking, hangars or boat slips without competition but shall submit written justification of need, steps taken to identify the most advantageous location available, and how the proposed cost per car/plane/boat was determined to be fair and reasonable. Such leases are also subject to the following conditions: a. Parking Leases shall be no more than eighteen (18) months with no more than one (1) renewal of not more than eighteen (18) months each. b. Hangar & Boat Slip Leases shall be no more than twelve (12) months with no more than (2) renewals of not more than twelve (12) months each. (6)Mini-Storage Leases: Agencies and departments may enter into Leases for mini-storage leases without competition but shall submit written justification of need, summary of items to be stored, steps taken and/or planned to reduce or eliminate the need for off-site storage, and how the proposed cost was determined to be fair and reasonable. Such leases shall not exceed a term of one (1) year with no permitted renewals. (7)Month-to-Month Agreements: Agencies and departments may enter into agreements on a month-to-month basis, not to exceed twelve (12) months, with no permitted renewals, without competition but shall submit written justification of need, including justification as to why the delay incident to giving opportunity for competitive procurement would be detrimental to the interests of the state, and how the proposed cost was determined to be fair and reasonable. Such leases shall be made for the minimum amount of time necessary, shall not be entered into to subvert the competitive procurement process and shall include an option to terminate upon receipt of written notice by Lessee not less than ten (10) days prior to the start of the subsequent month. (8)Residential Leases: Agencies and departments may enter into Leases for residential purposes without competition but shall submit written justification of need, steps taken to identify the most advantageous property available, and how proposed Rental Rate was determined to be fair and reasonable. For residential leases, rentable area shall be the heated and cooled area within the house or rental unit. (9)Sixteenth Section Land Leases: Agencies and departments may enter into Leases for Sixteenth Section Land for terms up to forty (40) years without competition but subject to approvals by the Board of Education, County Supervisors and Secretary of State in accordance with Section 29-3-82 of the 1972 Mississippi Code, Annotated. Signatures of Board of Education and County Supervisors and Letter of Compliance from the Office of the Secretary of State shall be obtained and submitted to RPM Division for PPRB Approval. Following approval by PPRB, Lease may be signed by Lessee and forwarded by Lessee to the applicable Chancery Clerk. 12 Miss. Code. R. 8-300.9