{"data":{"id":"us-ky/krs-56.803","jurisdiction":"us-ky","citation":"KRS 56.803","heading":"Procedure when agency requests space.","body":"(1) When an agency determines that it will need office or other space, the agency shall\nsubmit a request for the acquisition of the additional space to the Department for\nFacilities Management in the Finance and Administration Cabinet. Except in the\ncase of an  emergency as described at KRS 56.805(3), an agency shall submit its\nspace request in writing to the department. In the case of an emergency, an agency\nshall communicate its space needs to the department pursuant to KRS 56.805(3) as\nsoon as an agency knows  that it will need the space. If the commissioner of the\nDepartment for Facilities Management determines that insufficient space has been\nallocated to the agency making the request and that it is appropriate to lease\nadditional space for the agency making the request, the commissioner shall acquire\nthe space required by lease as provided by KRS 43.050, 48.111, and 56.800 to\n56.823.\n(2) The Department for Facilities Management shall review each agency space request\nto determine whether space suitable to meet  the agency's reasonable needs may be\navailable in a state -owned or occupied building. If it is determined that there is\nsuitable space available in a state -owned or occupied building, the commissioner\nshall notify the agency. A copy of the notice shall be kept on file.\n(3) If it is determined that there is no suitable space available in a state -owned or\noccupied building, the department shall comply with the procedures set forth in this\nsection in the leasing of space, except as otherwise provided in KRS 4 3.050,\n48.111, and 56.800 to 56.823.\n(4) The department shall draw up general requirement specifications for the space\nrequired. These general requirement specifications shall not be changed except, at\nthe discretion of the commissioner, when the lease pro cess is initiated again\npursuant to paragraph (c) of subsection (15) of this section or pursuant to paragraph\n(b) of subsection (16) of this section. The general requirement specifications shall\nbe kept on file.\n(5) (a) In soliciting the interest of lessor s who have property to let in a county where\nspace is sought, the department shall give adequate public notice to reasonably\ninform persons having property to let within the county of the type of space\nrequired, the general location of the property, and th e number of square feet\nneeded. The notice may include posting on the Internet or newspaper\nadvertisements. Each notice shall contain general information concerning the\nagency requirements for the space sought and shall state the last time, date,\nand place that written responses shall be received. When it is anticipated that a\nlease may be negotiated containing deviations or variations from the terms and\nconditions of the state standard lease form prescribed by the Division of Real\nProperties, within the de partment, any deviations or variations shall be stated\nin the notice.\n(b) The Department for Facilities Management may use any means available to\nnotify landlords that a notice has been given.\n(6) A property owner, or his representative, shall respond in w riting on or before the\ntime and date designated in the notice and shall state in the writing the type and\nlocation of the property, the name and address of the property owner, and the date of\navailability of the property. The department shall deal only wi th individuals who\nhave submitted written responses on or before the time and date designated in the\nnotice.\n(7) All written responses received on or before the time and date designated shall be\nopened or downloaded at the same time, publicly read or poste d, and kept on file by\nthe department.\n(8) Within ten (10) business days of the opening of written responses, the department\nshall transmit general requirement specifications to each person who submitted a\nwritten response on or before the time and date de signated. The same general\nrequirement specifications shall be transmitted to each person. The department shall\nstate whether a reverse auction will be used to determine any terms of the proposals\nand shall specify the procedures for the reverse auction.\n(9) After the general requirement specifications have been transmitted, except as\nprovided in paragraph (a) of subsection (13) of this section, the commissioner, and\ndepartment employees under his supervision, may negotiate with persons who\nsubmitted writte n responses on or before the time and date designated. If in the\ncourse of negotiations, a person proposes terms and conditions of lease different\nfrom those contained in the state standard lease form which are determined to be in\nthe Commonwealth's best i nterest to accept, but no mention of the acceptability\nthereof has been made in the notice given pursuant to subsection (5) of this section,\nall other persons who submitted written responses on or before the time and date\ndesignated shall be notified of th e terms and conditions and shall be allowed to\nincorporate the terms and conditions in written proposals when submitted pursuant\nto subsection (12) of this section. A copy of each notice shall be kept on file.\n(10) The department shall inspect each space p roposed to be leased to determine its\nsuitability to the reasonable needs of the agency for whose use the property is\nsought. The owner of the property, or the owner's representative, shall provide\naccess to the property for the inspection. A report of the  findings about each\nproperty inspected shall be submitted on a site evaluation form to the commissioner\nof the department. Completed site evaluation forms shall be kept on file.\n(11) After the commissioner has reviewed the completed site evaluation forms,  the\ncommissioner shall inform each owner of property, or his representative, of the\nsteps necessary to bring the property up to general and specific requirement\nspecifications. The commissioner shall also invite each person to submit a written\nproposal on a form created by the Department for Facilities Management. A copy of\nthe form shall be provided to each bidder. The department may require any terms of\nthe proposal to be the subject of a reverse auction. A written proposal shall\nconstitute a best and fi nal offer. The department shall not consider a written\nproposal unless it is submitted on a department form on or before the time and date\ndesignated.\n(12) All written portions of the proposals submitted on or before the time and date\ndesignated shall be opened at the same time, publicly identified by the name of the\nproperty owner and the location of the property, and kept on file.\n(13) Except pursuant to paragraph (b) of subsection (15) of this section, whe n the\nrequirements of paragraph (a) of this subsection shall not apply, from the time that\nwritten proposals are opened until the awarding of a lease, the department:\n(a) Shall not negotiate or agree to changes in the terms of written proposals\nexcept to correct technical errors;\n(b) Shall log in all contacts between department employees and any person with\nan interest in the awarding of a lease. The log shall state the time, date, place,\nand a summary of the substance of each contact. Each log entry shall be\nsigned by the department employee who was contacted. After the lease is\nawarded, the log shall be kept as a department record.\n(14) (a) The commissioner shall assess the proposals, taking into account factors\nincluding, but not limited to: consultation with the head of the agency for\nwhose use the space is sought; the location and accessibility of the property to\nthe public; its condition and state of repair; its conformity with the\nrequirements of occupational health and safety regulations; its conformi ty\nwith applicable state fire, health, safety and sanitation requirements; the\nproposed rental rates; utility and janitorial costs; agency moving costs; any\nterms of the proposal determined through a reverse auction; and whether the\nproperty proposed is in  substantial conformity with the general and specific\nrequirement specifications.\n(b) The commissioner shall give preference to properties in areas which have\nreceived, within the previous five (5) year period, state community\ndevelopment funds for revital ization if properties are offered at a competitive\nrate and meet the provisions of paragraph (a) of this subsection.\n(15) The commissioner, relying exclusively on his assessment made pursuant to\nsubsection (14) of this section, shall:\n(a) Choose the best proposal in the interest of the Commonwealth;\n(b) Be permitted to negotiate with a potential lessor if he was the only responsive\nand responsible potential lessor who submitted a proposal; or\n(c) Except as provided in paragraph (b) of this subsection, rejec t all proposals\nwhen none is in the Commonwealth's best interest to accept as assessed\naccording to the factors stated in subsection (14) of this section and may, at\nhis discretion, initiate the lease process again.\n(16) (a) The commissioner shall award or  decline to award a lease to the potential\nlessor who submitted the best proposal pursuant to paragraph (a) of subsection\n(15) of this section or who negotiated with the commissioner pursuant to\nparagraph (b) of subsection (15) of this section. However, th e commissioner\nshall not award a lease to a potential lessor who negotiated with the\ncommissioner pursuant to paragraph (b) of subsection (15) of this section if\nthat potential lessor's proposal after negotiations was not in the\nCommonwealth's best interes t to accept as assessed according to the factors\nstated in subsection (14) of this section, and the commissioner shall not award\na lease to a person other than a potential lessor prescribed in this paragraph.\n(b) If the commissioner declines to award a lea se, he may, at his discretion,\ninitiate the lease process again.\n(17) The commissioner shall put in writing the justifications for his decisions made\npursuant to subsections (15) and (16) of this section. This writing shall be kept on\nfile.\n(18) The commissioner, all department employees under the commissioner's supervision\nwho performed a site evaluation or negotiated a lease agreement under this section,\nthe head of the agency that will occupy the leased space, and all agency employees\nwho were directly i nvolved with a site evaluation or lease negotiations shall sign\nseparate certificates, devised by the commissioner, which shall provide the\nsignatory with the option of certifying that, to the best of his knowledge, he is either\naware or unaware of circumstances which may constitute a violation of KRS 56.800\nto 56.823. The Department for Facilities Management shall keep the certificates on\nfile and shall inform state agencies of the legal requirements concerning lease\ncertification on an annual basis.\n(19) The department shall notify each person who submitted a written response on or\nbefore the time and date designated in the public notice pursuant to subsection (6)\nof this section, but who was not awarded the lease, of the selected property to be\nleased, and that the person has a right to examine the leasing records relevant to the\nlease that was awarded. If the Capital Projects and Bond Oversight Committee,\npursuant to KRS 56.823(2), will review the awarding of a lease, each notice shall\nstate that fact. A copy of each notice shall be kept on file.\n(20) Prior to finalization of the lease, the department or the leasing agency shall inspect\nthe property to ensure that any changes described in subsection (11) of this section\nnecessary to bring the property up t o specifications have been completed in a\nmanner satisfactory to the agency or department. At the conclusion of the\ninspection, the owner shall be advised in writing by the department either that the\nproperty is approved for occupancy and the lease may be finalized, or that there\nremain changes to be completed or corrected before the lease may be finalized.","path":["KRS Chapter 56"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=22698","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:11Z","sha256":"75fab361600e45a0cb3773ce701780c09f59012f0a8786c844ff87afc9fea930","source_id":"us-ky","stale":false,"prev":"us-ky/krs-56.802","next":"us-ky/krs-56.8035"},"notice":"GroundRules: Original legal text. Not legal advice."}