R23-21-5. Non-State Tenants Utilizing State-Owned Space

A. Request and Justification

A non-state or private company requesting to lease space in a state-owned facility must submit a request and justification statement to the Division of Facilities Construction and Management (DFCM) with reasonable notice prior to required date of occupancy. The criteria to evaluate the request of the non-state or private company shall include the following:

Planned use of the space

Proposed area or location of the lease

Any options that should be considered

Lease term

Lease rate and what services are included

Requested square footage

Projected use by a state agency of the space requested

B. Securing Space

Proposals will be reviewed jointly by the DFCM staff and the Agency.

Available space should be included in the master plan of all state agencies that is presented to the Utah State Building Board.

C. Negotiations

DFCM will negotiate, or may allow the agency(ies) to participate in the negotiations, so that state-owned space can be leased in the best interest of the state and at such rates that are consistent with similar private facilities taking into consideration such things as location, etc.

D. Lease Agreements

Using a standard lease agreement as prepared for use by DFCM, the non-state tenant, state agency using proposed facility, and staff of DFCM shall be involved in the preparation of the final written lease agreement.

E. Lease Approval and Processing

The lease will be distributed by DFCM for approval signatures and processing.