Securing Leased Space

In order to ensure that state agencies are fairly and knowledgeably represented in obtaining leased facilities, that all leases conform to unique requirements of State law, and to provide for the comprehensive maintenance and reporting of fiscal information, Delaware Code, Title 29, Chapter 63A, Section 6307A (e) (3) provides that the Director of the Office of Management and Budget shall negotiate, review, and approve, on behalf of all state departments and state agencies, all leases and lease renewals for facilities throughout the State.

The Office of Management and Budget, Division of Facilities Management, operates the office of Real Property Administration and has established the following procedures for securing leased space.

  1. An Agency's request for leased space must be submitted to the Director of the Office of Management and Budget by the Agency Head and should include, at a minimum, the following information:

    1. Outline need for space and current location of staff requiring additional space.
    2. Job titles and pay grades of staff requiring additional space (authorized positions).
    3. Description of specialized space needs (i.e. loading docks, raised flooring, climate control, medical requirements, etc.).
    4. Amount and source of funds appropriated for leasing space.
    5. Location and timeline requirements.
    6. Name and telephone number of contact person.

    The contact person or designee must be prepared to remain involved in the process from initial request through occupancy, and provisions should be made to accommodate this requirement within their regular duties.

  2. The Office of Management and Budget will prepare a space-needs analysis to determine the size of the leased facility based upon State standards for office space, and will communicate its findings to the requesting agency. Authorized positions and available funding will be confirmed with the Budget Development office.

  3. The Office of Management and Budget reserves the option to advertise for available space. The Office of Management and Budget will prepare a list of available leased space and include cost analysis for each option. Findings and recommendations will be communicated to the requesting agency. We will assist in determining the preferred locations by arranging site visits, meetings with prospective landlords, etc.

  4. The preferred site and space plan are subject to review and approval by the Architectural Accessibility Board.

  5. The Office of Management and Budget will negotiate lease terms with the prospective landlord.

  6. The Office of Management and Budget will prepare the lease agreement outlining all final terms and conditions. The Office of Management and Budget will coordinate the signature process.

  7. If the leased facility requires renovation, work shall not proceed until the lease has been fully executed. The agency may secure professional assistance in developing its space plan, provided it bears the expense. The Office of Management and Budget reserves the right to review and approve all renovation plans, to monitor work in progress, and to delay occupancy until all work is satisfactorily completed.

  8. The individual tenant agency is responsible for making all arrangements for moving and installation of furniture, equipment, telephones, and computers. The Office of Management and Budget will provide assistance if requested but will not be responsible for associated costs.

  9. Helpful hints:

    1. The process to secure new leased space may sometimes take several months.
    2. Requesting agency personnel should not contact Realtors, private landlords, or developers; and vice-versa.
    3. Lease terms in excess of five years are generally not encouraged, especially for small groups. One to three year leases are generally acceptable.
    4. Lessors are not expected to invoice for monthly rent due.
    5. Leases vary in size and scope. The agency's budget should include funding for operating costs to be paid directly for services received, or as reimbursement to the Lessor included in the monthly rent.
    6. Prior to drafting a request for leased space, please contact Real Property in the Division of Facilities Management. The Real Property Specialist can offer assistance with the leasing process, provide advice on budget specifications and identify existing state-owned available space.