CHAPTER Adm 800 AGENCY LEASES

REVISION NOTE:

Document #13708, effective 7-29-23, adopted, repealed, readopted, readopted with amendments, or readopted with amendments and renumbered all of the rules in Chapter Adm 600 titled “Procurement and Property Rules”. Document #13708 also adopted Chapter Adm 800 titled “Agency Leases”, which was largely based on the former Part Adm 610 titled “Agency Leases”, which Document #13708 repealed. Provisions of the former Chapter Adm 600 that were equally applicable to leasing but were not in the former Adm 610, such as those relating to the cancellation processes, were also included by Document #13708 in Chapter Adm 800, as it was the intent of the Department of Administrative Services that Chapter Adm 800 may stand independently from Chapter Adm 600.

Chapter Adm 800 in Document #13708 therefore replaces all prior filings for rules in the former Part Adm 610.

The prior filings affecting one or more of the repealed rules in Part Adm 610 included the following documents:

#6355-A, eff 11-20-96

#8193, INTERIM, eff 11-12-04

#8310, eff 5-11-05

#9501, eff 7-1-09

#10364, eff 7-1-13

#10827, eff 5-16-15

PART Adm 801 SCOPE

Adm 801.01 Scope.

(a) These rules shall apply to all agencies renting or seeking to rent space in a building through the department of administrative services’ division of plant and property, to the extent not exempted by RSA 21-I:18 or other law.

(b) These rules shall not apply to:

(1) Rental agreements arising by virtue of the department’s responsibilities regarding court facilities under RSA 490-B;

(2) The rental of land as opposed to space within a building; or

(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.

(c) The first phase of the process of obtaining leased space, known as Phase I, shall be as described below at Adm Part 806. The design and development phase, known as Phase II, shall be as described at Part 807.

(d) Procedures for finalizing rental agreements at no cost or at a cost which is equal to or greater than the governor and council approval threshold, including the form of leases or license agreements in such instances, shall be as described at Part Adm 808.

(e) Procedures for finalizing rental agreements at a cost less than the governor and council approval threshold, including the form of leases or license agreements in such instances, shall be as described at Part Adm 809.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 802 DEFINITIONS

Adm 802.01 Definitions.

(a) “Architectural barrier-free design committee” means the permanent committee on architectural barrier-free design established by RSA 275-C:11.

(b) “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 within the department of administrative services, established by RSA 21-I: 11, I (c).

(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) “Governor and council approval threshold” means the amount at or above which the governor and executive council specify, pursuant to RSA 4:15, that their approval is necessary in order for an agency to enter into a lease or license agreement, information regarding which is available from the department.

(h) “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.

(i) “Lease” means a written agreement between a state agency and an individual or association offering the exclusive rental of space within a building.

(j) “Lessor” means an individual or association that rents space to a state agency under a lease agreement.

(k) “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 806.04.

(l) “License agreement” means a written agreement for the use of the premises of another, for rent, on other than an exclusive basis.

(m) “Licensor” means an individual or association that rents space to a state agency under a license agreement.

(n) “Local newspaper of general circulation” means a newspaper that:

(1) Is published at least once a week;

(2) Receives wide distribution, with or without subscription, to members of the public in the municipality in which leased space is sought; and

(3) Is regularly used by members of the public to advertise rental property in the community in which leased space is sought.

(o) “Master list of leased property” means the central inventory maintained by division of all physical space used by the state, as described at RSA 21-I:12, II(a)(2).

(p) “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.

(q) “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.

(r) “Rental agreement” means either a lease or a license agreement.

(s) “Rental package" means all documents relating to a lease or a license agreement as described in Adm 807.03 and Adm 809.02, whichever is applicable.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 803 GENERAL REQUIREMENTS

Adm 803.01 General Requirements.

(a) Agencies subject to these rules:

(1) Shall not begin any procedure for the purpose of renting space, nor take any steps to rent space, without first contacting the division;

(2) Shall consult with the division in developing materials under both phase I and phase II of the leasing process, as described below;

(3) Shall seek to enter into a rental agreement only according to the procedures set forth in these rules;

(4) Shall not enter into a rental agreement without having first obtained the recommendation of the division pursuant to Adm 805.01 below; and

(5) Shall not enter into a rental agreement without having first obtained the approvals required under Adm 805.02 below.

(b) All rental agreements shall be typewritten or printed in computer-generated typescript.

(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.

(d) All rental agreement selection processes made by or through the division shall be 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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 804 WAIVERS AND CANCELLATIONS

Adm 804.01 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) A waiver is warranted to:

a. Comply with the law relative to the topics set forth herein; or

b. Achieve the purposes of RSA 21-I.

(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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 804.02 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, decline to enter into any agreement, or decline to recommend entry 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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 805 RECOMMENDATIONS, LEASE FORMAT, AND APPROVALS

Adm 805.01 Recommendations.

(a) Pursuant to RSA 21-I:12, II(a)(1), the personnel of the division assigned to manage rentals shall provide to the director:

(1) For proposed rental agreements at no cost or at a cost equal to or exceeding the governor and council approval threshold over the total duration of the agreement, a synopsis of each proposed lease, and his or her recommendations relative to approval or rejection of the proposed rental agreement; or

(2) For proposed rental agreements for a cost that is less than the governor and council approval threshold over the total duration of the agreement, his or her recommendations relative to approval or rejection of the proposed rental agreement.

(b) The director shall, pursuant to RSA 21-I:12, II(a)(1), provide the recommendations under (a) above to the commissioner.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 805.02 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 equal to or exceeding the governor and council approval threshold over the duration of the agreement shall, in addition to such other requirements as are imposed by these rules:

(1) Require approval of the governor and executive council in accordance with RSA 4:15 and such general regulations adopted thereunder;

(2) Require the approval of the New Hampshire department of justice;

(3) If a lease, be submitted to the division in the format specified at Adm 808.01; and

(4) If a license agreement, be submitted to the division in a format containing the information specified at Adm 808.02.

(b) Proposed rental agreements that an agency wishes to enter into at a cost less than the governor and council approval threshold over the duration of the agreement shall, in addition to such other requirements as are imposed by these rules:

(1) Require the approval of the commissioner;

(2) If a lease, be in the format specified at Adm 809.03; and

(3) If a license agreement, contain the information specified at Adm 809.04.

(c) The commissioner shall, if a rental process is not cancelled by the state, issue approval under (b)(1) above if the commissioner concludes that the agreement:

(1) Is in conformity with space needs of the state;

(2) Meets the requirements of these rules for which no waiver has been given;

(3) Is in accordance with the laws relative to the transaction and would not result in a violation of those laws;

(4) Is financially beneficial to the state; and

(5) Does not circumvent the state budget or budgetary process established by the legislature.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 806 PHASE I OF SELECTION PROCESS – SOLICITATION OF PROPERTY AND INITIAL REVIEW

Adm 806.01 Phase I - Public Notice.

(a) Except when exercising an option for an extension of an existing rental agreement, as defined at Adm 802.01(f) above, or when subject to the exemption set forth at Adm 806.06 below, an agency seeking to rent space shall give public notice, at least once, 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 805.02 above.

(b) The public notice shall contain at least the following information:

(1) A statement that letters of interest are being sought from parties wishing to be included in the rental agreement design development and proposal process;

(2) The name of the agency seeking the rental agreement;

(3) The location where the space to be rented is sought;

(4) The size of the space required;

(5) The duration of rental agreement that is sought;

(6) The deadline for submission of letters of interest;

(7) 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; and

(8) The statement that additional information and requirements regarding the requested rental are available from the person identified in (7) above and are available on-line, together with the web address where such information is available.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 806.02 Phase I – Additional Information to be Made Available by the Agency at the Time of Public Notice.

(a) At the time of the public notice referred to in Adm 806.01 above, the agency seeking to rent space shall promulgate and maintain at its physical address, in addition to the information listed in Adm 806.01 above, the following additional information regarding the space that it is seeking:

(1) The usable square foot size of the space required;

(2) Whether or not the proposed lessor or licensor will be required to provide utilities as a part of the rent;

(3) Whether or not the proposed lessor or licensor will be required to provide custodial services as a part of the rent;

(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;

(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;

(6) In accordance with RSA 21-I:19-a, an explanation of the energy efficiency measures considered, including, if applicable, those which the property would be required to meet for renovations, new construction, reconstruction, alteration, or maintenance of the property under RSA 155-A:13, together with any energy efficiency requirements imposed by operative executive orders.

(7) An explanation of the manner in which the proposed lessor or licensor will be required to engage in waste reduction and recycling measures under chapter RSA 9-C;

(8) A copy of a blank draft rental agreement that it is anticipated a lessor or licensor would be required to execute if selected;

(9) A specification of any special type of interior space, or functional requirements, desired by the agency;

(10) A specification of any other special requirements relative to the rental;

(11) The requirements for provision of parking relating to the rented space;

(12) 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;

(13) The deadline for submission of letters of interest;

(14) A statement that all letters of interest must be in writing;

(15) A statement specifying the items that must be included in a letter of interest, as further specified in Adm 806.04 below;

(16) 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;

(17) A statement that all letters of interest must be received by no later than the deadline for submission specified in the public notice;

(18) A statement that information submitted by the proposed lessor or licensor as part of a letter of interest, in connection with any subsequent proposal, or as part of a subsequent lease or license agreement is subject to public disclosure under RSA 91-A;

(19) A statement that, under RSA 9-F:1, any lease or license agreement ultimately entered into is subject to posting on a state website;

(20) A statement that if the proposed lessor or licensor is selected to proceed to Phase II, the proposed lessor or licensor will be required to submit a statement signed under penalty of unsworn falsification as described in RSA 21-I:11-c and further defined in Adm 604.08(d); and

(21) 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 division, 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, 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 807.01 below.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 806.03 Phase I - Responses to Notices. Each individual or association wishing to engage in the rental agreement design development and proposal process specified in Adm 807.01 below shall:

(a) Prior to the submission of any letter of interest, either:

(1) Request from the agency, and review, the information noted in Adm 806.02(a) above; or

(2) Review the information noted in Adm 806.02(a) above on the division’s web site.

(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

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 806.04 Phase I - 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 806.02(a)(8) above;

(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:

(1) The number of floors;

(2) Whether or not all utilities and other services related to the occupancy of the building are currently operable;

(3) Whether there is an operable elevator in the building;

(4) Whether the space is currently vacant;

(5) Whether the space is in good repair;

(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;

(7) A listing of the current occupants of the building and the location of those users within the building;

(8) A description of the parking facilities that would be available to the agency if the space was rented, together with the location of that parking; and

(9) Such other information, if any, as may be specified in the agency’s public notice or other request for letters of interest; and

(h) An appendix consisting of a map diagram of the area surrounding the location of the proposed property which:

(1) Highlights the location of the property;

(2) Shows the uses of the property in the area surrounding the proposed property; and

(3) Shows the nature of any businesses in the area surrounding the proposed property.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 806.05 Phase I - Initial Review of Potential Properties Following Public Notice.

(a) Following the deadline for submissions of letters of interest, an agency shall advise the division 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 806.01 and Adm 806.02 above.

(c) In conducting its initial review of proposed properties under (b) above, the agency shall consider factors including the following:

(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

(2) Whether the proposed property either:

a. Meets the requirements set forth by the agency in the public notice or other specification of the desired space; or

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

(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 be given further consideration.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 806.06 Exemptions and Waivers from Public Notice Requirement.

(a) The rental of space at no cost or at a cost less than the governor and council approval threshold for the total duration of the agreement shall be exempt from the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 if:

(1) The agency submits to the division the information required by Adm 806.02 ; and

(2) The agency provides the division 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 806.01 and Adm 806.03 through Adm 806.05 in the case of rentals of space at no cost or at a cost less than the governor and council approval threshold 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 equal to or greater than the governor and council approval threshold, grant a waiver from the notice, response, and initial selection requirements set forth in Adm 806.01 and Adm 806.03 through Adm 806.05 if the commissioner concludes either that:

(1) The immediate procurement of rented space is necessary as the result of:

a. The partial or complete destruction of other space;

b. The existence of a health hazard;

c. Manmade or natural disasters;

d. Changes in statutory, case law, administrative rules, or the interpretation thereof; or

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

(2) The proposed rental:

a. Relates to space that is, or will, prior to agency occupancy, be renovated, improved, modified, or otherwise changed to be in compliance with applicable 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 division, and if the proposed lessor fails to produce evidence that the issues have been, or are scheduled to be, corrected.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 807 PHASE II OF PROCESS - SELECTION AND APPROVAL

Adm 807.01 Phase II - 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 division 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) Architectural drawings, design development plans, and specifications under (a) above shall accurately reflect the anticipated scope of work to be conducted on all interior and exterior spaces at each proposed property.

(1) Unless architectural drawings and specifications have been provided by the division on behalf of the agency, the development of any architectural drawings and specifications;

(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;

(3) The development of any written materials which may be required under Adm 806.02(a)(6) or (7);

(4) Any actual renovations, improvements, modifications, or changes to such space; and

(5) Any other costs associated with the design and development process.

(d) 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.

(e) If the agency and division conclude that architectural drawings and specifications and design development plans for renovating, improving, modifying, or otherwise changing the proposed property have been developed which meet the agency’s requirements, the agency shall, if the process has not been cancelled by the state, inform each proposed landlord under consideration of the date by which the items specified in (f) below must be provided.

(f) 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 (e) above;

(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;

(6) State that the proposed price shall be held for at least 180 days;

(7) State whether any information submitted as part of the proposal is claimed to be exempt from public disclosure pursuant to RSA 91-A; and

(8) Pursuant to RSA 21-I:11-c, include a statement signed under penalty of unsworn falsification as described in RSA 21-I:11-c and further defined in Adm 604.08(d).

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 807.02 Agency’s Selection of Proposed Property.

(a) Following receipt of proposals under Adm 807.01 above, if the process has not been cancelled by the state, the agency shall, in consultation with the division, review all proposals received and determine which of the proposals received meet the criteria under Adm 806.01 and 806.02 above, and of those proposals meeting said criteria, which offers compliance at the lowest cost.

(b) The failure to submit the statement prescribed in Adm 807.01(g), the filing of a false statement, or the filing of a statement signed by a person who is not authorized to do so on behalf of the proposed landlord or landlords shall result in the automatic rejection of the proposal.

(c) When conducting its consultation with the division under (a) above, the agency shall provide the division with copies of the materials it received under Adm 807.01.

(d) 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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 807.03 Procedure for Requesting Approval of Rental Agreements at No Cost or with a Total Value Equal to or Greater than the Governor and Council Approval Threshold.

(a) Following an agency’s selection of the proposal that it wishes to accept under Adm 807.02 above, 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;

e. Repairs; and

f. Recycling; and

(4) Confer with the New Hampshire department of justice if any amendments or modifications to the standard language of the proposed rental agreement have been proposed.

(b) At least 3 weeks before requesting that the governor and executive council approve the proposed lease or license agreement the agency shall, if the process has not been cancelled by the state, submit to the division:

(1) The original completed rental agreement specified under Adm 808.01 or Adm 808.02 bearing the signatures of the agency and the proposed lessor or licensor, together with all attachments required by the rental agreement and the signature of the representative of the New Hampshire department of justice indicating approval of the agreement pursuant to Adm 808.01(g) or Adm 808.02(g);

(2) All other materials, including copies and cover letter, that the agency intends to submit to the governor and executive council; and

(3) Plans and specifications, including:

a. Accurate floor plans of the rental space which are:

1. Measured to scale; and

2. Signed and dated by the proposed lessor or licensor and the agency, indicating that the plans are mutually accepted;

b. If designated parking spaces are included in the agreement, an accurate site plan which:

1. Depicts the parking spaces and their location relative to the building and site to which they are associated; and

2. Is signed and dated by the proposed lessor or licensor and the agency, indicating that the plan is mutually accepted; and

c. If improvements, new construction, or renovations are to be made, accurate floor plans and detailed specifications which:

1. Identify the work that is to be undertaken and the means, methods, and materials of undertaking that work; and

2. Are signed and dated by the proposed lessor or licensor and the agency, indicating that the plans are mutually accepted.

(1) The square footage measurements of all portions of the rented space;

(2) Assigned room names or numbers;

(3) Any proposed furniture lay-out which is included as part of the rental;

(4) The lay-out of any rest rooms, including the location of fixtures;

(5) The path of travel from the entrances to the building to the entrance of the rented space; and

(6) In addition to the depiction of the spaces intended for an agency’s exclusive use, a depiction of any space which is to be shared or used in common with other building occupants.

(d) The submission to the division of the materials under (b) and (c) above shall constitute a request by the agency for the division’s recommendation as to the proposed lease or license agreement.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 808 CONTENT OF RENTAL AGREEMENTS AT NO COST OR ABOVE THE GOVERNOR AND COUNCIL APPROVAL THRESHOLD

Adm 808.01 Form of Leases at No Cost or with a Total Value Equal to or Greater than the Governor and Council Approval Threshold.

(a) In regard to leases at no cost or with a total value equal to or greater than the governor and council approval threshold 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 division as set forth below.

(b) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, an agency shall provide at least the following on a standard lease agreement available from the division:

(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, including square foot measurements and a description of the space’s location in the building;

(11) The effective dates of the lease;

(12) The duration of the lease and the dates that occupancy and rental payments will begin and end;

(13) A description of any extensions of term;

(14) The annual and monthly rental amount, including any annual escalation in rent anticipated during the term;

(15) The date when the first month’s rent is due;

(16) Whether or not provisions have been made for the payment of additional rent in certain defined circumstances;

(17) Whether or not the proposed lessor will provide utilities included in the annual rent and, if not, the utilities not included;

(18) Provisions defining the lessor’s maintenance responsibilities in regard to the premises;

(19) The purpose for which the premises shall be used;

(20) General terms and conditions including:

a. A provision regarding indemnification;

b. A provision indicating that no provision in the lease 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 lease will be interpreted according to the laws of New Hampshire;

d. A provision indicating that the lease embodies the entire agreement between the parties and supersedes all prior agreements relating to the subject matter of the lease; 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;

(21) 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;

(22) Whether or not certain improvements are to be made to the space either prior to or after tenant occupancy and if so, a statement of which party will be responsible for undertaking those improvements;

(23) The name of the agency entering the lease;

(24) The full name and title of the person authorizing the lease on behalf of the agency;

(25) The full name of the individual or association who will be entering the lease as a lessor; and

(26) The name and title of the person authorizing the lease on behalf of the proposed lessor.

(c) The standard lease agreement available from the division 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 available from the division shall not be modified or amended without first obtaining the recommendation and approval of the New Hampshire department of justice.

(e) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, each standard lease agreement submitted by an agency for approval shall have attached thereto each of the following exhibits or attachments:

(1) A schedule of annual and monthly payments due during the initial term and during any extended term of the lease;

(2) If janitorial services are to be provided by the proposed lessor, a description of those services and how they shall be performed;

(3) 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, to the extent required by RSA 275-C and the federal Americans with Disabilities Act;

(4) 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;

(5) A description of the provisions made for testing for, and complying with, applicable clean air quality standards for state buildings in accordance with RSA 10-B, or a certificate of compliance with clean air quality standards;

(6) A statement regarding the manner in which any waste materials for which markets are readily available will be recycled in accordance with RSA 9-C:3;

(7) If any modifications, amendments, or other alterations have been made to the standard lease agreement, the text of those changes;

(8) 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 addenda thereto;

(9) 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;

e. Repairs; and

f. Recycling;

(10) 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;

(11) If the proposed lessor 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 lessor is registered to do business in New Hampshire; and

(12) If the proposed lessor is not an individual, a fully executed certificate of authority, in such format as is specified following consultation with the New Hampshire 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, but such lease shall not be effective unless and until approved by the New Hampshire department of justice and the governor and executive council.

(g) The standard lease agreement shall contain spaces in which an authorized representative of the New Hampshire 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 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 shall incorporate any attached exhibits by reference.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 808.02 Content of License Agreements at No Cost or with a Total Value Equal to or Greater than the Governor and Council Approval Threshold.

(a) In regard to license agreements at no cost or with a total value equal to or greater than the governor and council approval threshold for the duration of the agreement, the proposed licensor selected and the agency shall, if the process has not been cancelled by the state, and unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, execute a licensing rental agreement containing the information set forth below.

(b) The license agreement 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

(11) The name of the agency 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.

(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 New Hampshire department of justice.

(e) Unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, the license agreement shall have attached thereto the following:

(1) If janitorial services are to be provided by the proposed licensor, a 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 New Hampshire 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 description of the licensed space, including its square footage and location 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 New Hampshire department of justice and the governor and executive council.

(g) A standard license agreement shall contain spaces in which an authorized representative of the New Hampshire 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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 809 CONTENT AND PROCESS FOR APPROVAL OF RENTAL AGREEMENTS AT A COST LESS THAN THE GOVERNOR AND COUNCIL APPROVAL THRESHOLD

Adm 809.01 Procedure for Requesting Approval of Rental Agreements at a Cost Less than the Governor and Council Approval Threshold. Following an agency’s selection of a property that it wishes to rent at a cost less than the governor and council approval threshold, 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;

(5) Repairs; and

(6) Recycling;

(b) In the case of a lease agreement, submit to the division the rental package described at Adm 809.02 below, including:

(1) The completed and fully signed rental agreement described at Adm 809.03 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 standard lease agreement, the signature of a representative of the New Hampshire department of justice indicating approval of the change;

(c) In the case of a license agreement, submit to the division the rental package described at Adm 809.02 below, including:

(1) The completed and fully signed rental agreement described at Adm 809.04 bearing the signatures of the agency and the proposed lessor;

(2) All attachments required by the agreement;

(3) If any modifications, amendments, or other alterations have been made to the content required under Adm 809.04, the signature of a representative of the New Hampshire department of justice indicating approval of the changes; and

(4) Plans and specifications as noted in Adm 807.03 (b) (3), a., b., and c; and

(d) If any amendments or modifications to the language of a lease agreement as set forth at Adm 809.03 or the contents of a license agreement as set forth at Adm 807.04 are desired to be made in the rental agreement, confer with the New Hampshire department of justice regarding the modifications or amendments.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 809.02 Rental Package for Rental Agreements at a Cost Less than the Governor and Council Approval Threshold. The completed rental package for rental agreements at a cost less than the governor and council approval threshold shall contain:

(a) A cover letter requesting the division’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; and

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 set forth in Adm 809.03, together with all attachments; and

(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 809.04.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 809.03 Form of Leases at a Cost of Less than the Governor and Council Approval Threshold.

(a) In regard to leases at a cost less than the governor and council approval threshold over the duration of the agreement, the proposed lessor and the agency shall, if the process has not been cancelled by the state, execute a standard lease agreement available from the division.

(b) Unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, an agency shall provide, on the standard lease agreement available from the division, at least the information set forth at Adm 808.01(b) above.

(d) The terms and conditions of a standard lease agreement available from the division shall not be modified or amended except upon approval of the New Hampshire department of justice.

(e) Unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, in order to address the specific circumstances of the particular agreement, each standard lease agreement 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 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 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;

e. Repairs; and

f. Recycling;

(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;

(8) A schedule of annual and monthly payments due during the initial term and during any extended term of the lease;

(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, to the extent required by 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 the manner in which any waste materials for which markets are readily available will be recycled, in accordance with RSA 9-C:3; 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 New Hampshire 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, but such lease shall not be effective unless and until approved by the commissioner according to the standards set forth at Adm 805.02(c).

(g) Any recommendation issued by the New Hampshire department of justice for any modifications or amendments of the standard lease agreement may be noted by the New Hampshire department of justice either on the proposed lease agreement or in an attachment thereto.

(h) The standard lease agreement shall contain a space in which the approval of the commissioner, if any, shall be noted, together with the date of such approval.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 809.04 Content of License Agreements for a Cost Less than the Governor and Council Approval Threshold.

(a) In regard to license agreements at a cost of less than the governor and council approval threshold over the duration of the agreement, the proposed licensor and the agency shall, if the process has not been cancelled by the state, and unless modified, amended, or otherwise altered with the approval of the New Hampshire department of justice, execute a licensing rental agreement containing at least that material specified at Adm 808.02(b) above, except that:

(1) The provision noted in Adm 808.02(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; and

(2) The provision noted in Adm 808.02(b)(10)e., requiring a provision on modification and amendment, shall not require approval of the governor and executive council but shall instead require approval by the commissioner.

(b) Sample license agreements shall be available to an agency from the division.

(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 New Hampshire department of justice.

(d) Each license agreement at a cost less than the governor and council approval threshold submitted by an agency for approval shall have attached thereto, unless modified, amended, or otherwise altered following consultation with the New Hampshire department of justice, the material noted at Adm 809.03(e).

(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 805.02(c).

(f) Any approval or recommendation issued by the New Hampshire 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 New Hampshire department of justice on the proposed license agreement itself.

(g) The clauses of the proposed license agreement shall incorporate any attached exhibits by reference.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 810 VENDOR CODE REQUIREMENTS, REPORTING OF RENTAL AGREEMENTS, AND DURATION OF AGREEMENTS

Adm 810.01 Vendor Code Requirements for Lessors and Licensors.

(a) A lessor or licensor that does not possess a vendor code shall, before submission for approval of a rental agreement by the governor and council or by the commissioner, submit to the division of procurement and support services the fully executed items described in Adm 603.02 and Adm 603.03.

(b) Following submission of the items noted in (a) above, the lessor or licensor shall be assigned a vendor code.

(c) The provisions of Adm 603.04 relating to the vendor code number list shall apply to lessors and licensors holding vendor codes.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 810.02 Agency Reporting of Leases and Licenses for Use of Premises.

(a) Each agency renting space shall report the status of any rental agreement to the division 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 division 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 division’s master list of leased property is correct as of the date of the report; and

e. If the information contained on the division’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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

Adm 810.03 Duration of Rental Agreements.

(a) Except as allowed under (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 rental agreement which exceeds the 5-year maximum duration set forth in (a) above shall be submitted to the long range capital planning and utilization committee described at RSA 17-M for approval.

(c) Any request under (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.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 811 DEBARMENT

Adm 811.01 Debarment.

(a) No individual or business entity shall submit a response to a solicitation issued by the division if that individual or entity, or any of its subsidiaries, affiliates or principal officers are subject to the prohibitions, limitations, or conditions listed in RSA 21-I:11-c, I(a).

(b) All prospective lessors and licensors shall, as part of their proposal under Adm 807.01 provide a statement signed under penalty of unsworn falsification as described in RSA 21-I:11-c and further defined in Adm 604.08(d).

(c) Failure to submit the signed statement noted in (b) above, the filing of a false statement, or the signing of a statement by an unauthorized person shall result in the automatic rejection of the proposal.

(d) Individuals or entities which are identified on the list described in RSA 21-I:11-c, II shall be debarred from submitting proposals.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

PART Adm 812 EXPEDITED PROCEDURES

Adm 812.01 Expedited Procedures for Renewal of Rental Agreements.

(a) An agency wishing to renew an existing rental agreement on an expedited basis may seek renewal of a rental agreement by submitting the following to the division:

(1) A writing which states:

a. That the agency wishes to continue the use of the rented premises;

b. That the lessor or licensor wishes to continue the rental of the premises to the agency;

c. That the agency and the lessor or licensor have tentatively agreed upon the terms of the renewal, including price;

d. Whether the period of the rental agreement, plus any options for extension would result in a tenancy for more than 5 years and, if so, whether, in accordance with RSA 4:39-b, the rental agreement has been submitted to the long range capital planning and utilization committee described at RSA 17-M for approval;

e. The source of the funding for the proposed extension; and

f. Whether the agency has investigated the availability of alternative space and, if so, the nature and result of that investigation;

(2) A copy of the proposed renewed rental agreement; and

(3) If required under the circumstances, a copy of:

a. Any approval for the renewed rental agreement issued by the long range capital planning and utilization committee described at RSA 17-M; or

b. If an approval by the long range capital planning and utilization committee is required but has not yet been obtained, a copy of any request for approval that has been submitted to the committee by the agency.

(b) Following submission of the materials specified in (a) above, the division’s personnel managing rentals shall:

(1) Contact the agency to discuss the potential renewal;

(2) Provide such suggestions, guidance, and advice regarding the renewal as it believes is warranted under the circumstances;

(3) Attempt to confirm that the agency will have sufficient funds to cover the cost of the renewal;

(4) Attempt to confirm that any required approvals have been obtained from the long range capital planning and utilization committee described at RSA 17-M; and

(5) Make a written initial recommendation to the director as to whether renewal should be authorized, including in the writing the reasons for that recommendation.

(1) That the director concurs with the initial recommendation; or

(2) That the director does not concur with the initial recommendation, together with the reasons for that nonconcurrence.

(d) In the case of a rental renewal at no cost or for a cost which is equal to or greater than the governor and council approval threshold:

(1) The writing noted in paragraph (c) above, as well as the initial recommendation, shall be issued to the agency; and

(2) The agency shall include a copy of the writing noted in paragraph (c) above, as well as the initial recommendation, in any request for approval of the renewal that it makes to the governor and executive council.

(e) In the case of a rental agreement which is below the governor and council approval threshold:

(1) The writing noted in paragraph (c), as well as the initial recommendation, shall be issued to both the agency and the commissioner of administrative services; and

(2) The commissioner shall grant the agency’s request for expedited renewal if the commissioner concludes that:

a. The agency and the lessor or licensor both wish the agency to continue the use of the premises;

b. Governor and council approval of the renewal is not required under the governor and council approval threshold;

c. The agency and the lessor or licensor have agreed on the terms of the renewal, including price;

d. A renewal in these circumstances would not be likely to meet with objection from the department of justice;

e. The renewal is written in a form which would be acceptable to the department of justice under Adm 808.01 or Adm 808.02;

f. The agency appears to have sufficient funding to finance the renewal;

g. Any required approval for the renewed rental agreement has been obtained from the long range capital planning and utilization committee described at RSA 17-M;

h. It is unlikely that utilization of the unexpedited procedures for leasing would result in the ability of the agency to obtain comparable property at a lower overall cost to the state; and

i. Allowance of the renewal in these circumstances is warranted under the standards set forth in Adm 804.01.

Source. #13708, eff 7-29-23 (see Revision Note at chapter heading for Adm 800)

APPENDIX

Rule Number	Statute Being Implemented

Adm 801.01	RSA 21-I: 1, II (m); RSA 21-I: 11, I; RSA 21-I: 13, I, V; RSA 21-I: 12, II; RSA 541-A: 16, I (b); RSA 541-A: 1, XV
Adm 802.01	RSA 541-A:7; RSA 21-I:1, II (h), (m); RSA 4:15
Adm 803.01	RSA 21-I:13, I, V; RSA 541-A:1, V;RSA 21-I:12, II; RSA 21-I:1, II (h), (m); RSA 21-I:11; RSA 541-A:16, I (b); RSA 4:15
Adm 804.01	RSA 21-I: 1, II (h); RSA 21-I:13, I, V; RSA 541-A:22, IV;RSA 541-A: 16, I (b)
Adm 804.02	RSA 541-A: 16, I (b); RSA 21-I:13, I. VII
Adm 805.01	RSA 21-I:12, II (a); RSA 21-I;1, II (h) (m); RSA 21-I; 13, I, VII; RSA 541-A:1, XV; RSA 21-I; 11, I (c).
Adm 805.02	RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 4:15; RSA 541-A:16, I (b); RSA 21-I:11. I (c); RSA 21-I:12, II; RSA 21-I:1, II (h) (m);
Adm 806.01	RSA 21-I:11, I, II, III; RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I:1, II (m); RSA 541-A: 16, I (b); RSA 21:32
Adm 806.02	RSA 21-I:11, I, II, III; RSA 21-I:13, I, V, VII; RSA 541-A:1, XV, RSA 21-I:12, II; RSA 21-I:1, II (m); RSA 541-A:16, I (b); RSA 275-C; RSA 21-I:19-a; RSA 155-A:13; RSA 9-C; RSA 10-B
Adm 806.03	RSA 21-I:11, I, II, III: RSA 21-I:13, I, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I: 1, II (m); RSA 541-A:16, I (b)
Adm 806.04	RSA 21-I:11, I, II, III: RSA 21-I:13, I, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I: 1, II (m)
Adm 806.05	RSA 21-I:11, I; RSA 21-I:12, II; RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 541-A:16, I (b)
Adm 806.06	RSA 541-A: 22, IV; RSA 21-I:11, II, III; RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 541-A: 16, I (b); RSA 21-I:12, II; RSA 21-I; 1, II (m); RSA 4:15
Adm 807.01	RSA 541-A: 16, I (b); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 21-I: 12, II; RSA 21-I, II (m); RSA 21-I:11, I, II, III; RSA 21-I: 11-c
Adm 807.02	RSA 541-A: 16, I (b); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 21-I: 12, II; RSA 21-I, II (m); RSA 21-I:11, I, II, III; RSA 21-I: 11-c
Adm 807.03	RSA 541-A: 16, I (b); RSA 21-I: 12, II; RSA 21-I, II (m); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 275-C; RSA 10-B; RSA 21-I:11, I, II, III; RA 4:15
Adm 808.01	RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A:1, XV; RSA 21-I:11, I, II, RSA 21-I, 12, II; RSA 21-I:1. II (m); RSA 541-A:19-b; RSA 4:15; RSA 9-C:3
Adm 808.02	RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A:1, XV; RSA 21-I:11, I, II, RSA 21-I, 12, II; RSA 21-I:1. II (m); RSA 275-C; RSA 5:18-a; RSA 4:15
Adm 809.01	RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I:12, II; RSA 21-I:1. II (m); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 4:15
Adm 809.02	RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I:13 I, V, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I:1, II (m)
Adm 809.03	RSA 541-A: 16, I (b); RSA 541-A:19-b; RSA 21-I: 13, I, V, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I:1. II (m); RSA 21-I: 11, I, II; RSA 275-C; RSA 10-B; RSA 5:18-a; RSA 4:15; RSA 9-C:3
Adm 809.04	RSA 541-A: 16, I (b); RSA 21-I: 13, I, V, VII; RSA 541-A:1, XV; RSA 21-I: 11, I, II; RSA 21-I:12, II; RSA 21-I:1, II (m); RSA 4:15
Adm 810.01	RSA 541-A: 16, I (b); RSA 21-I: 13, I, VII; RSA 541-A:1, XV; RSA 21-I:12, II; RSA 21-I:1. II (m); RSA 21-I: 11, I, II; RSA 21-I:14, XVII
Adm 810.02	RSA 541-A:16, I (b); RSA 21-I:11, II, VII (b); RSA 21-I:12, II; RSA 21-I 1, II (m); RSA 21-I:13, I, V, VII; RSA 541-A:1, XV; RSA 541-A:7; RSA 21-I (a) (5) (B)
Adm 810.03	RSA 541-A: 16, I (b); RSA 21-I: 11, I, II; RSA 21-I:12, II; RSA 21-I:1. II (m); RSA 21-I: 13, I, II, VII; RSA 541-A:1, XV; RSA 17-M; RSA 4:39-b
Adm 811.01	RSA 541-A: 16, I (b); RSA 21-I: 11-c
Adm 812.01	RSA 541-A: 16, I (b)