SECTION 115.13. Best Value Guidelines

(a) The Commission shall develop procedures, deadlines, site analyses and market analyses to ensure that recommendations for lease procurements reflect the best value to the State of Texas.

(b) In determining the specific procedures to be used to evaluate the properties and identification of the best value to the state, the Commission shall develop and maintain documents in the permanent lease file of the Commission detailing its evaluation of each of the following criteria for all qualified sites selected for final consideration:

(1) analysis of the total cost of occupancy offered by the proposed Lessor;

(2) utility costs;

(3) age, type and condition of the premises;

(4) costs, if any, of improvements required to meet the approved agency specifications;

(5) location of the property and access to public facilities and transportation;

(6) access to and cost of parking;

(7) security of premises;

(8) space planning considerations including implementation of the master facilities plan and space consolidation options;

(9) direct and indirect costs of relocation; and

(10) any other considerations relevant to the approved agency specifications and existing market conditions.

(c) Prior to making a recommendation to the Commission, an assessment of the proposed Lessor shall be performed to determine the relevant experience, financial condition, and history of bankruptcy, litigation and judgments involving the proposed Lessor, and, as appropriate, its owners, officers, directors, subsidiaries, affiliates, or predecessors that may be relevant indicators of proposed Lessor's ability to perform under the lease contract. The findings of this inquiry shall be maintained in the permanent lease file of the Commission.

Source Note: The provisions of this §115.13 adopted to be effective August 5, 2008, 33 TexReg 6131; amended to be effective October 3, 2016, 41 TexReg 7709