Neb. Admin. Code tit. 7 — State Building Division

Chapter 1 Parking

Neb. Admin. Code tit. 7, ch. 1 Parking {#sec-7-nac-1 omnilex-key=us-ne-regs-official--title-7--7 NAC 1}

001. AUTHORITY . Neb. Rev. Stat. §§ 81-1108.15 & 81-1108.18.

002. PARKING REGULATIONS .

002.01 Except as specifically authorized, parking is forbidden on approaches, including, but not limited, to the docks and dock access areas, to the State Capitol and the Nebraska State Office Building (NSOB).

002.02 Parking is not allowed on the lawn and sidewalk areas of the State Capitol Building, NSOB, and the parking garages.

002.03 Backing into stalls is forbidden.

002.04 Bicycles need to be parked in spaces provided.

002.05 No mechanical work on any vehicle shall be performed in any facility except in case of emergency.

003. ENFORCEMENT . The State Building Administrator, or their designee, may request the assistance of the Nebraska State Patrol and/or Lincoln Police Department in matters of enforcement.

004. IMPOUNDMENT . Impoundment by immobilization or by towing, may be requested by the State Building Administrator, or their designee, of any vehicle in violation of law, or deemed a nuisance. A vehicle, including a bicycle, is subject to impoundment without notice under the following conditions:

(A) The vehicle is improperly or unlawfully parked; or

(B) The vehicle interferes with or impedes:

(i) The flow of vehicular or pedestrian traffic;

(ii) The use of parking facilities, building, or loading docks;

(iii) The operation of emergency equipment; or

(iv) The provision of services, public safety, or essential repairs.

005. COMPLAINTS . All complaints or questions regarding the parking facilities or illegally or improperly parked vehicles should be referred to the State Building Division (SBD). Valid complaints must include the identity of the complainant, the make, color, and license numbers of the vehicle(s) involved, the vehicle location, and other information the SBD may specify.

History

• Effective 2022-05-08

Chapter 2 Leasing Privately Owned Real Property

Neb. Admin. Code tit. 7, ch. 2 Leasing Privately Owned Real Property {#sec-7-nac-2 omnilex-key=us-ne-regs-official--title-7--7 NAC 2}

001. AUTHORITY . Neb. Rev. Stat. Sections 81-161 through 81-161.01, 81-1108.15, 81-1108.16, 81-1108.17, 81-1108.22, 81-1108.55, 81-1108.56 and 81-1108.57.

002. REQUEST .

002.01 The agency seeking space (Tenant Agency) needs to submit a detailed Leasing Requisition for Real Property form, which can be found on the State Building Division (SBD) website, to the SBD for the space desired.

002.02 The SBD will review the Leasing Requisition for Real Property and determine if the request is valid. If so, the SBD will proceed with obtaining approval from the Director of the Department of Administrative Services (DAS) and procuring the requested space.

002.03 Upon approval by the Director of DAS, the SBD, in cooperation with the Tenant Agency, will prepare the necessary detailed specifications for a Request for Proposals (RFP) and arrange for advertisement.

002.03(A) The advertisement will contain:

(i) A general description of the property desired;

(ii) Instructions on how to obtain an RFP packet;

(iii) Instructions on how to submit a proposal; and

(iv) The time and place proposals are to be opened.

002.04 A minimum of fifteen days must elapse between the time formal bids are advertised and the time of their opening. This requirement may be waived by the SBD administrator upon a showing by the Tenant Agency of an emergency, sole or specialized source, or another unique requirement.

002.05 The formal RFP process may be waived by the SBD administrator when conditions exist to defeat the purpose and principles of public competitive bidding.

003. REVIEW .

003.01 The SBD is responsible for opening sealed bids and preparing a bid summary for use by the Tenant Agency. The bid summary and a copy of all proposals received will be given to the Tenant Agency.

003.02 The SBD will coordinate and be included in any site inspections of proposed locations.

003.03 After a review of all proposals and site inspections by the Tenant Agency and the SBD, a written recommendation by the Tenant Agency will be made to the SBD specifying the most acceptable proposal and corresponding justification for that recommendation. This recommendation will be made in accordance with the evaluation criteria developed by the Tenant Agency and included as a part of the RFP packet, as well as applicable law.

003.04 The SBD will be the final authority on the proposal selection and award of contract. Any and all bids may be rejected.

004. LEASE .

004.01 Upon approval by the Director of DAS and the SBD of the contract award, the SBD will proceed in finalizing a lease agreement with the successful bidder (Lessor). Copies of the lease agreement will be sent to the Lessor for review and signature(s) and then returned to the SBD (Lessee) for final review and approval by the SBD. Once the lease is executed, the SBD will return one fully executed copy of the lease agreement to the Lessor.

004.02 The proposed lease agreement will not take effect until executed by all necessary parties and the premises are ready for full legal occupancy. If a lease agreement cannot be successfully executed between the SBD and the Lessor, a new RFP may be issued.

004.03 SBD will then prepare a Space Allocation Agreement between the Lessee and the Tenant Agency. The Space Allocation Agreement is a binding agreement between the Tenant Agency and the SBD guaranteeing reimbursement by the Tenant Agency to Lessee for all rentals and associated lease costs paid to Lessor by the Lessee. A copy of the lease agreement will be attached to the Space Allocation Agreement.

005 . When obtaining new space, these rules and regulations do not apply if the proposed lease cost is less than $25,000.00 per year.

006 . A losing bidder may file a protest within ten (10) days after notification of intent to award a lease contract. Such protest must be in writing and delivered to the State Building Administrator.

History

• Effective 2022-05-08

Chapter 6 Rules and Regulations Governing Use State Office Building 301 Centennial Mall South, Lincoln, Nebraska

Neb. Admin. Code tit. 7, ch. 6 Rules and Regulations Governing Use State Office Building 301 Centennial Mall South, Lincoln, Nebraska {#sec-7-nac-6 omnilex-key=us-ne-regs-official--title-7--7 NAC 6}

001 Authority

The responsibility of the State Office Building is vested in the State Building Division of the Department of Administrative Services. (See Section 81-1108.15 R.R.S. 1943 Cumulative Supplement 1976) "The division shall have the primary functions and responsibilities of statewide facilities planning, facilities construction, and facilities administration and shall promulgate rules and regulations to carry out the provisions of this section." Section 81.1108.17 further states, "....shall at all times have charge of and supervision over the police, janitors, and other employees in and about the capitol and capitol grounds, state laboratory and laboratory grounds, and all other buildings and lands adjacent to the capitol grounds owned or leased by the State of Nebraska."

002 Events Requiring Prior Clearance

002.01 Commission and/or Board meetings in the State Office Building which are open to the public.

002.02 Fund Raising Activities - Solicitation - Any fund raising canvassing or direct solicitation in individual offices is prohibited. Charitable fund raising activities, in the public interest, may be permitted upon written request but only after written approval from the Building Administrator.

002.03 Recruitment - Recruitment for the United States Armed Forces or for any civil group or organization must have prior written approval of the State Building Division Administrator.

002.04 Entertainment - Any entertainment program to merit approval will normally be limited to state employees during non-office hours within canteen service areas.

002.05 Demonstrations - All demonstrations must be peaceful and nonviolent in nature. All such activities will be restricted to the outside of the building. The Building Administrator shall request aid from the State Patrol or other enforcement agency when necessary. Demonstrators shall not block any entry or exit to the building. Any such group wishing to be heard by a specific agency or official shall select one person to speak on behalf of the group and, if entry to the building is recommended by the agency or official to whom an appeal is being made, all aisles shall be kept open and no activity which may disrupt the normal order of the State business will be tolderated.

002.06 Information Booths and Displays - Information booths and/or displays which are in the public interest may be authorized for a limited length of time in the mall level gallery or the canteen area of the lower level. Written requests for the approval must include the proposed location, dates, purpose, type of display, organization represented, etc., and be submitted to the Building Administrator at least ten days in advance of the proposed dates.

003 General Procedures

003.01 The Department of Administrative Services, State Building Division, shall be notified of all activities that are to take place in the State Office Building during the normal nonbusiness hours, i.e. public hearings, Board of Commission meetings, and all other general or specific meetings likely to attract visitors other than regular State employees. No unauthorized activity shall take place in the State Office Building or on any related State property.

003.02 All requests for use of areas within the State Office Building, not specifically controlled by constitutional executive officers or the Legislature or Judicial branches of government, shall be made in writing and addressed to the Administrator, State Building Division, at least ten days in advance of the proposed function so that the required approval can be obtained. Requests should be specific as to the type of function, approximate number of people to be involved, area of the building to be used, responsible party involved, time, date, duration, and any other specific information relative to the request. (Refer to Form SBD1:2-77 attached.) A written response shall be made to each request within five days indicating the reason for the disapproval if such action is warranted.

004 General Guidelines

004.01 Except as may be necessary for the effective conduct of interagency governmental business, employees will limit their activities to the section of the building assigned to their respective agency and to the public use areas. The organization and/or persons requesting special use of the building shall be held responsible for the actions of all parties involved with the particular function or activity. Those persons who will be responsible for control of persons granted access to specified areas are to be identified in the request for approval.

004.02 Keys shall be issued only to State employees, food service contractors and/or utility service personnel for those areas of the State Office Building where they may have assigned responsibilities.

004.03 All approved special activities shall be confined to those areas designated in the letter of request. Specific restrooms in the same area of each activity will be designated as accessible.

004.04 No installation shall be made which may deface or damage the floor or walls. This shall include but is not limited to paint, tape, glue, paste or any other substance deemed to be harmful to any part of the structure by the Facility Manager. Approval may be granted to use nails for hanging pictures on "permanent" drywall partitions while only special magnetized hooks may be used on the movable Hauserman walls. The only hangers permitted on the Westinghouse partitions are those which are specifically designed for that purpose by the manufacturer. No movable walls or partitions are to be realigned, removed, or installed without the specific authorization of the Facility Manager.

004.05 No pets or animals of any kind shall be allowed in the State Office Building except for those animals necessary to assist movement of handicapped individuals.

004.06 Drinking of alcoholic beverages within the State Office Building and/or adjacent state owned property is prohibited.

004.07 To the degree practical, the State Building Division may upon prior request, furnish tables, chairs, lights, trash receptacles, extension cords, or other necessary equipment for special meetings, seminars or workshops in any of the conference rooms. At no time is any state owned furniture or office equipment controlled by the Facilities Manager to be removed from its assigned location, appropriated for use in another area, disassembled or repaired without the specific approval of the Facilities Administrator or his representative.

004.08 All persons entering and leaving the State Office Building during non-business hours shall, unless entry is by employee key card, sign the building register located at the security guards' station. Other visitors or employees shall provide satisfactory evidence of employment and authorization for "after hours" entry by an administrator of the agency to which access is requested.

004.09 Any destruction of shrubbery or other plantings is prohibited.

004.10 No flags, except those approved by the State Building Division will be displayed on any flagpole associated with the State Office Building.

004.11 Access to the dock area administered by the Materiel Division, Department of Administrative Services, shall be limited to persons and their vehicles necessary for effective support of state government functions. Unattended vehicles, as well as private vehciles occupying public use space, may be ordered towed away at the owner's expense.

004.12 All rules and regulations shall be enforced by the State Building Administrator, Facility Manager, Building Division Security personnel, the State Patrol, and/or any enforcement agency called upon to assist in keeping with the magnitude of the situation.

History

• Effective 1982-04-18

Chapter 7 Facility Construction Projects

Neb. Admin. Code tit. 7, ch. 7 Facility Construction Projects {#sec-7-nac-7 omnilex-key=us-ne-regs-official--title-7--7 NAC 7}

001. AUTHORITY . The responsibility of the State Building Division (SBD) for development of procedures in the construction process is contained in Neb. Rev. Stat. §§ 72-803, 81-1108.15, 81-1108.41, 81-1108.42, 81-1114.01, 81-1711, and 81-1712.

002. NEBRASKA CONSULTANTS’ COMPETITIVE NEGOTIATION ACT .

002.01 For the purpose of the Nebraska Consultants’ Competitive Negotiation Act, the Department of Administrative Services has jurisdiction over each project that has a construction cost or professional services cost greater than the amounts described in § 81-1712, as adjusted for inflationary and market changes. DAS will determine whether a project exceeds such cost by considering whether the project is:

(A) A single construction project at one location;

(B) A grouping of minor construction, rehabilitation, restoration, or renovation activities at one location; or

(C) A grouping of substantially similar construction, rehabilitation, restoration, or renovation activities at multiple locations and is or will be performed by a contractor pursuant to one contract.

002.02 Agencies will submit to SBD information regarding the consultant’s contract. This includes, but is not limited to, information pertaining to the funding source, a copy of the contract, a statement regarding compliance with law, and other information the SBD may request.

003. COMPREHENSIVE CAPITAL FACILITIES PLAN . As required by Section 81-1114.01, each department and agency of the state, prior to submitting a capital construction project in excess of the amount described in Section 81-1114.01, as adjusted for inflationary and market changes, will prepare a comprehensive capital facilities plan.

004. PROGRAM STATEMENT . In accordance with Neb. Rev. Stat. § 81-1108.15, the agency will submit to the SBD information regarding the program statement. This includes, but is not limited to, information concerning the funding and budget, project, comprehensive plan compliance, timeline, and other information the SBD may request.

005. PRE-CONSTRUCTION DOCUMENTS . Information to be submitted by the agency to the SBD include, but is not limited to, the following:

(A) Plans and specifications;

(B) Professional consultant’s estimated total construction cost;

(C) Compliance with the approved program statement, preliminary plans, and

(D) Timeline.

006. CONSTRUCTION CONTRACTS . Bidding opportunities for construction contracts shall be advertised in a statewide and a local publication once a week for three (3) consecutive weeks or for twenty-one consecutive calendar days on a website designated by the SPB that is accessible to the public, or both.

007. PROGRESS DOCUMENTS . SBD may require the agency or the contractor to submit to SBD certain documents, including, but not limited to:

(A) Capital construction quarterly status reports;

(B) Change orders and support for change orders;

(C) Certificates of payments for projects;

(D) A certificate pursuant to 81-1108.42 when final payment is requested; and

(E) A final report containing the information required by the SBD.

History

• Effective 2022-05-08