COMMENT DUE DATE:
January 2, 2008
December 13, 2007
Mary Gail Foster SSD (405) 962-1717
Dena Thayer PMU Manager (405) 521-4326
Pat McCracken PMU Specialist (405) 522-1017
APA WF 07-32
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 13. Contracts and Purchasing Unit
Part 3. Leasing and Space Standards [REVOKED]
OAC 340:2-13-15 through 340:2-13-22 [REVOKED]
SUMMARY:The proposed revisions to Subchapter 13 of Chapter 2 revoke obsolete property management rules that largely consist of internal Oklahoma Department of Human Services (OKDHS) procedures.
PERMANENT APPROVAL:Permanent rulemaking approval is requested.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Paula Hearn, Director
Support Services Division
Date:October 15, 2007
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 13. Contracts and Purchasing Unit
Part 3. Leasing and Space Standards [REVOKED]
OAC 340:2-13-15 through 340:2-13-22 [REVOKED]
(Reference APA WF 07-32)
Contact:Mary Gail Foster 405-962-1717
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 13 of Chapter 2 revoke obsolete rules that largely consist of internal procedures.
Strategic Plan impact.The proposed revocation of obsolete rules supports the goal to continuously improve systems and processes to achieve OKDHS goals.
340:2-13-15 through 340:2-13-22 are revoked as rules are obsolete.
Reasons.The proposed revisions revoke obsolete property management rules.
Repercussions. The proposed rule revisions revoke obsolete rules.If the proposed revisions are not implemented, the Oklahoma Department of Human Services (OKDHS) will have obsolete rules.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.
Permanent approval.Permanent rulemaking approval is requested as OKDHS finds compelling public interest to revoke obsolete rules.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:OKDHS employees and the general public will most likely be affected by the proposed revocation of obsolete rules. The affected classes of persons will bear no costs associated with revocation of the obsolete rules.
C.A description of the classes of persons who will benefit from the proposed rule: OKDHS employees and the general public will benefit by revocation of obsolete rules.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revocation of rules does not have an economic impact on the affected entities. There are no fee changes associated with the revocation of rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revocation of rules will result in enhanced rules as obsolete rules will be revoked.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed revocation of rules does not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or non-regulatory methods or less intrusive methods for achieving the proposed revocation of obsolete rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: The revocation of obsolete rules will not have an effect on the public health, safety, and environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed revocation of rules is not implemented, OKDHS will have obsolete rules.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 15, 2007.
SUBCHAPTER 13. CONTRACTS AND PURCHASING UNIT
PART 3. LEASING AND SPACE STANDARDS [REVOKED]
340:2-13-15. Property Management Unit [REVOKED]
The principal objective of the Department of Human Services' space management program is to: (1) Obtain adequate space to satisfy personnel, furniture placement and internal circulation requirements; (2) Obtain the most favorable occupancy rates; (3) Obtain maximum utilization of existing public and private buildings which meet DHS space requirements; (4) Provide uniform space allocation standards; (5) Coordinate office and warehouse space planning; and (6) Provide a central contact and information source between DHS and the private real estate market.
340:2-13-16. Definitions [REVOKED]
The following words and terms, when used in this Part, shall have the following meaning unless the context clearly indicates otherwise. "County owned space" means space provided by County Commissioners as stated in Oklahoma Statutes. "Divisions, offices and units" means organizational titles for specific programs and staff within the Department of Human Services, i.e., Field Operations, county administrators. "Fair rental value" means fair rental value is the monetary amount reasonably expected to be paid for the right to the agreed use of real property as established by competition in the rental market.Fair rental value may be obtained by comparing the rental value of the property under consideration with that of comparable properties in the area in which the subject property is located, taking into consideration such things as location, relative condition of the property(s) type of construction, age, services, and any other factors which may have an influence on the rental value of the space. "Gross area" means when DHS occupies space as the sole tenant.The sum of the floor areas measured from the outside faces of the exterior walls disregarding architectural setbacks or projections, cornices and pilasters, and including all levels or areas which have floor surfaces and standing headroom.Included are basements, mezzanines, lobbies, corridors, fire stairs, mechanical rooms, elevators, etc. "Maintenance" means the repair or preventative upkeep of equipment, machinery, and building features or fixtures. "Net usable square feet" means when DHS occupies space with other tenants.The amount of space is determined by: (1) Computing the inside gross area of space by measuring between the normal inside finish of exterior walls, or the room side finish of fixed corridor and shaft walls, or the center of tenant separating partitions; (2) Deductions are not made for the columns and projections enclosing the structural elements of the building; and (3) Deducting from the gross area, including enclosing walls when applicable, the following: (A) Restroom and lounges, (B) Stairwells and bearing partitions, (C) Elevator and escalator shafts, (D) Building equipment and service areas, (E) Entrance and all elevator lobbies, (F) Stacks and shafts, (G) Fixed or common use corridors, and (H) Structural walls within leased space. "Office space" means space used as work area for personnel, conference and reception areas, hearing rooms, interview rooms, etc.Minor areas used for storage of miscellaneous supplies and file cabinets within a private office or adjacent to clerical personnel are also included in office space. "OPA" means the Office of Public Affairs. "Personnel" means the number of persons to be located in the space.Personnel includes DHS permanent, temporary and contractual employees as well as budgeted vacancies.Employees of other agencies and organizations who are housed in the space assignment more than 60% of the time are also included in the personnel total. "Standard space specifications" means those specifications developed and approved by the Office of Public Affairs and the Department of Human Services which define the building requirements in leased space. "State owned space" means space to which the title is vested or will become vested pursuant to existing agreement by the State of Oklahoma. "Storage space" means areas used primarily for storing furniture, fixtures, equipment, inactive files, etc.Work space for personnel located within larger storage areas are also included in storage space.
340:2-13-17. Legal base [REVOKED]
Leasing procedures and space standards are established by statutory requirements found in 56 O.S., Section 189; 74 O.S., Section 63.1, and Section 94; 61 O.S., Section 206D; and 73 O.S., Section 163.
340:2-13-18. General provisions [REVOKED]
(a) The Contracts and Facilities Division's Property Management Unit (PMU) is designated by the Director of the Department of Human Services to negotiate and administer leases and make written determinations and findings with respect to leases.The PMU will also advertise for, locate space and supervise moves. (b) It is the policy of the Department of Human Services to house divisions and offices of the Department in state and county owned property whenever feasible.When requirements for space cannot be satisfied in these facilities, DHS may secure such space in the private sector. (c) The State space standards will be used by DHS to facilitate planning, establish office needs, and authorize space requirements for the Agency in state and county owned buildings and all leased facilities. (d) The Director of DHS may waive the requirements in this policy when it is in the best interest of the State, as long as it does not conflict with the Office of Public Affairs' Procedures for Leasing and Space Standards.
340:2-13-19. Space allocation standards [REVOKED]
(a) Purpose.The purpose of space allocation standards is to present a uniform and consistent means of assigning space required to support a specific program of the Agency. (b) General Provisions. (1) County administrators shall indicate their space needs by memo through the Field Operations Division. (2) Divisions, units and offices shall indicate their space needs by written request to the appropriate division administrator who will submit a request to the PMU. (3) The PMU is expected to implement the space standards for all major moves and internal space reorganization. (4) When possible, DHS must satisfy new space requests through the assignment of vacant space available in state or county owned facilities. (5) Unless otherwise noted, "square feet" means "net usable square feet." It represents the amount of space that will actually be usable for personnel, the placement of furniture and internal circulation areas. (6) If the division or unit occupies a single tenancy building and the rental rate is based on gross square footage, those areas which would not be considered in the "net usable space" calculations shall not be used in calculating the Agency space requirements. (7) The quality and the type of space actually assigned or approved by DHS may vary depending on various factors.Such factors may include, but not be limited to, functional considerations, the magnitude of contiguous space required and the configurations of available space for assignment, including economic consideration when the available space requires remodeling to conform to DHS and State space standards. (8) The final decision concerning the allowable amount of square footage for a given space request will be made by DHS and OPA. (c) The Department of Human Services space standards. (1) The DHS space standards are the standard guidelines for estimating a division or unit's space needs and assigning space.They are intended to balance full and intensive use of the allocated space with productivity and program needs. (2) The space standards will ordinarily not exceed the product of 150 square feet times the number of employees.This standard is not to be interpreted as an entitlement per individual employee, but rather entitlement to space allocated to the division or unit as a whole.The actual individual space allocations within the total will be made on a basis of job function and classification.The allocation for those employees which are in the office less than 60% of the time will be 70 square feet per position. (3) The space standard allocations include work stations, circulation between work stations, and work station related support space, such as reception and office equipment areas unless specified in (d) of this Section. (4) Space is primarily allocated according to the number of authorized positions in the division, unit or program.Project and limited term positions are normally included.Exceptions may be made for projects that will extend more than two years or reoccurring limited term positions. (5) Future expansion needs are considered when there is a high degree of certainty about the increased expansion in the division, and where there exists a history of expansion in the division or unit.Projected positions should reflect the number of positions that can reasonably be expected to be approved, not what is desired. (d) Special space standards.Special space standards are the guidelines for estimating a division's special space requirements.With appropriate documentation and justification in a division or unit's standard space request, additional square footage may be allowable if the space meets the specified criteria. (1) Conference rooms. (A) Conference rooms will be established only when they will be in use at least 20 hours per week.Occasional meeting areas for five or six people, areas used primarily by the operational unit without public attendance, or meeting areas in an office will not qualify as special space.(The division or unit may be required to provide documentation of the actual history of conference room usage.) Space allocation is determined on the basis of the following criteria: (i) Average number of persons in attendance; (ii) Frequency of meetings (average hours per week); (iii) Availability of private office space; and (iv) Special requirements (i.e., chalkboard, projector, screen, etc.). (B) Allowable space for conference rooms which meet the above criteria is approximately 20 square feet per person based on the average number in attendance.It is acknowledged that these standards may be adjusted when special equipment is regularly used in a given meeting or conference setting.In addition, the methods for calculating the actual room size may vary according to use and the number of participants or spectators. (2) Reception/client areas.Most office locations require some type of reception area.However, where there is little or no client contact, the space allocated to the receptionist is sufficient.Waiting areas with chairs or a sofa for occasional visitors or staff does not qualify as special space.Allowable space is approximately 10 square feet per visitor.(This does not include the space requirements for the receptionist.) Space allocation is determined on the basis of: (A) The average number of clients or visitors per day; (B) Types of clients or visitors; (C) Maximum seating requirements; and (D) Special requirements (i.e., tables, etc.). (3) Classroom and training rooms.Classrooms and training rooms are established only when they are in use a minimum of 20 hours per week.Occasional meeting space for up to six people will not qualify as special space.Allowable space will be approximately 30 square feet per person for a desk with armchair and approximately 40 square feet per person for a desk and chair.Space allocation is based on: (A) The average number of persons in attendance; (B) Frequency of training (average hours per week); and (C) Special requirements. (4) Intake/interview rooms.Intake/interview room space is established only when it is in use at least 25 hours per week.This space is considered special space based on frequency of use (average hours per week) and availability of private office space.Allowable space is approximately 100 square feet per individual room with the total number of qualifying rooms dependent on the demonstrated need for such space. (5) Libraries.An occasional alcove or wall used for storage of books or magazines does not qualify as special space.This space should be in a physically delineated area dedicated to functions normally associated with libraries.Space requirement is based on the measurement of the shelving and number of books, plus circulation area.The following formulas may be used to estimate the amount of space required for books: seven volumes per linear foot, 50 books per foot of standard height wall shelving, or 100 books per foot of double-faced shelving. (6) File/central storage areas. (A) Ordinary clusters of file cabinets in active use or files housing routine case papers accessible by internal staff in daily operations does not qualify as special space.Space allocation will be based on the following criteria: (i) Centralized files of material primarily from outside the operational unit; (ii) Official personnel files maintained by a central personnel officer; and (iii) Files housed in a distinct area separate from other files. (B) Allowable space is approximately 12 square feet for each cabinet meeting the specified criteria. (C) Areas for routine administrative supplies and materials will not qualify as special space for central storage area (floor to ceiling shelves).Space allocation will be based on the following criteria: (i) Centrally stored supplies distributed by staff assigned to that function; (ii) The supplies serve a large field work force; and (iii) The area is separate from other work space. (D) Allowable space is the actual measurement of the shelving plus circulation area. (7) Copier, reproduction and printing areas.Areas are considered as special space if they are in a physically delineated area with staff dedicated to operating the equipment.Self service copy areas for use by staff will not qualify as special space.The allowable space will be the actual measurement of the equipment plus circulation area or the manufacturer's recommended allowance. (8) Mail room.This room is considered as special space if it is in a secured area where outside mail enters and exits the building.It includes an area for sorting, wrapping, posting and other major tasks and equipment when staff is assigned to this function.The allowable space is the actual measurement of the equipment plus circulation area.Small mail sorting areas for routine internal mail does not qualify as special space. (9) Equipment dominated area.This area is considered as special space if people must support the equipment.Occasional microfiche machines, work processing areas, computer terminals used by or assigned to employees as a routine part of their work does not qualify as special space.The allowable space is the actual measurement of the equipment plus circulation area or the manufacturer's recommended allowance. (e) Space planning. (1) Space allocation planning will to the fullest extent possible employ the open space concept.In most cases the elimination of internal fixed walls makes maximum use of space, is more flexible in accommodating change, facilitates better control of lighting, heating, air conditioning and ventilating, and reduces construction and maintenance costs. (2) Private office space is provided only when there is a demonstrated functional need.When available, private office space may be provided to employees with the classification of Grade 57 or above.When DHS moves into new or remodeled space, private offices will not normally be provided to employees whose grade is below that of a 57.Exceptions to the above may be allowed when it is in the best interest of the Agency.Criteria to be considered for waiving the grade requirement include: (A) Supervision of more than six staff; (B) Full time intake work; and/or (C) Office is available and not needed by anyone grade 57 or above. (f) Space for short-term use.Divisions having a need for facilities for short-term use, such as conferences and testing, will utilize available state owned or leased facilities whenever possible.PMU will make inquiries regarding availability of such space to OPA.If no suitable state controlled facilities are available, an agency may arrange for the use of privately owned facilities for a period not to exceed 45 days.Any extensions beyond 45 days must be approved by OPA.
340:2-13-20. Leasing [REVOKED]
(a) Purpose.procedures is to provide the DHS with concerning acquisition methods for leasing space. (b) General provisions. (1) The PMU, in coordination with OPA, has the responsibility to act as leasing agent for all county and state offices.Division and unit staff are not authorized to directly or indirectly contact potential lessors for the purpose of making oral or written representation or commitments or agreements.Potential lessors or their agents will be referred to the PMU.It is the policy of PMU to deal only with an owner or authorized agent of an owner.Normally, the rental rate paid by DHS will not exceed the prevailing fair rental value for comparable facilities in a community. (2) Standards for the utilization and allocation of space to divisions, offices and units have been adopted by the Commission for Human Services.These standards shall be used as a basis for all planning, leasing, or allocation of space. (3) DHS Administration and OPA shall authorize all increases in rental rates.The PMU will represent the Agency in all negotiations with the lessor.When possible, the Agency shall lease space requiring as little renovation as possible to accommodate the needs of the division and meet required building codes and specifications. (4) In most instances, acquisitions of privately leased space will be obtained through advertising.Exceptions may include an emergency and/or leases for nThe purpose of leasing policies andominal or no consideration, or space requirements that are under 2,500 square feet. (5) All exceptions will be approved by the Director or Associate Director for Administration.All new, privately leased space occupied by the Agency must meet State Construction Codes and specifications as adopted by DHS and OPA. (c) Space request. (1) Requests for space will be submitted to the PMU who will assist the requesting division or office in completing the standard space request form (OPA 189-A).The form includes complete justification and information needed to evaluate staff and equipment to be housed, program functions to be performed and any other special requirements.The form must be utilized by all divisions and units where there is a need for one of the following: (A) Increased space at current location; (B) Decreased space at current location; or (C) New space. (2) The standard space request is required for space in a state, county or privately owned facility and should be submitted to the PMU 180 days prior to the anticipated occupancy date.The request shall include, but not be limited to, the following: (A) Number of employees; (B) Documentation regarding special requirements; (C) Location and type of space required; and (D) Minimum number of square feet of space required. (3) OPA is responsible for evaluating an agency's state office request for space and shall authorize action taken on the request. (d) Analysis of space request.In analyzing a division or unit's space request, seven key elements will normally be considered in determining the amount of space necessary to support the agency or program.The seven key elements are: (1) A general justification of the need; (2) Amount of space; (3) Type of program; (4) Special requirements; (5) Type and quality of space; (6) Location; and (7) Availability of state or county owned space. (e) Acquisition of leased space. (1) The Department of Human Services will not enter into a lease for space in a privately owned building except upon advertisement for and receipt of competitive proposals.Exceptions to this rule are: (A) This provision will not apply to the renewal of leases unless otherwise determined necessary; (B) This provision will not apply to any lease for nominal or no consideration.As used herein, "nominal consideration" means consideration for $1.00 or less per year; (C) Space needs arising due to an emergency situation or other circumstances that preclude advertising for space. (2) Upon review and approval, the PMU will proceed with the preparation of the leasing documents.DHS, Contracts Unit will submit the lease and other required documents to OPA for final authorization and signature.DHS will never direct or authorize a potential lessor to begin remodeling or construction before the lease has been processed and an award of contract has been issued. (f) Solicitation. (1) When it is determined that an advertisement is required, PMU will prepare and cause the advertisement to be published.The cost of advertisement will be borne by the division or unit requesting the space.DHS may modify ads consistent with actual requirements but will include, as a minimum, the following: (A) Amount of space required; (B) General area in which space must be located; (C) The agency name; and (D) The name, address, and telephone number of the agency contact where proposals will be sent. (2) Normally the advertisement will be placed in no more than two newspapers in the community where the space is needed.The ad should be run for a minimum of two issues.
340:2-13-21. Lease documents [REVOKED]
Once space has been allocated and terms and conditions have been separated, the PMU will prepare the Standard Lease Agreement or Standard Renewal Agreement for signature and obtain all required accompanying documentation.
340:2-13-22. Lease renewal [REVOKED]
(a) DHS will begin to evaluate its space needs no less than three months prior to the expiration of a lease term.If the Agency intends to exercise a renewal option at the same terms and conditions set forth in the existing lease, a renewal lease will be prepared. (b) Every fourth year after DHS has been at the present location over four years, a comparison of fair rental value in the community will be made.The PMU will determine if the lease rate should be renegotiated or if acquisition of new space is feasible.Relocation will be considered only if it is determined to be exceptionally advantageous to the Agency.