Original Notice.

Preproposal statement of inquiry was filed as WSR 00-16-027.

Title of Rule: Chapter 516-34 WAC, Leasing of university property for business purposes.

Purpose: Update the wording.

Statutory Authority for Adoption: RCW 28B.35.120(12).

Summary: Clarify the procedures for leasing university property for business purposes.

Name of Agency Personnel Responsible for Drafting and Implementation: D. Monroe, Purchasing Manager, Old Main 330, Western Washington University, Bellingham, Washington 98225, (360) 650-3340; and Enforcement: G. Pierce, VPB&FA, Old Main 400, Western Washington University, Bellingham, Washington 98225, (360) 650-3180.

Name of Proponent: Western Washington University, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Clarifies the procedure for leasing university property for business purposes.

Proposal Changes the Following Existing Rules: Amends existing rules, see Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No monetary implications are attached to this policy. No costs imposed on small business through adoption of this amendment.

RCW 34.05.328 does not apply to this rule adoption. Rules relate to internal governmental operations.

Hearing Location: Old Main 340, Western Washington University, 516 High Street, Bellingham, WA 98225, on November 7, 2000, at 2 p.m.

Assistance for Persons with Disabilities: Contact Gloria McDonald by November 7, 2000, TDD (360) 650-3725.

Submit Written Comments to: Gloria McDonald, Rules Coordinator, fax (360) 650-3968, by November 7, 2000.

Date of Intended Adoption: December 15, 2000.

September 11, 2000

Wendy K. Bohlke

Assistant Attorney General

Senior Counsel

OTS-4248.1

AMENDATORY SECTION(Amending Order 12-03-86, filed 12/24/86)

WAC 516-34-010
Request to lease university property.

Any individual desiring to provide a particular service or sell particular goods to the Western Washington University community from a leased location on the campus of Western Washington University shall submit to the vice-president for business and financial affairs of the university an initial written proposal for the provision of that service and a request to lease university property.

[Statutory Authority: RCW 28B.35.120(11).      87-01-110 (Order 12-03-86), § 516-34-010, filed 12/24/86; Order 73-13, § 516-34-010, filed 8/8/73.]

(1) The vice-president for business and financial affairs or his/her designee shall ((in consultation with the appropriate administrative office(s) and/or councils make a determination of need based on the following)) make a recommendation to the president whether the university should accept proposals to lease space for the purpose of selling the particular goods or offering the proposed services. The vice-president shall consult with appropriate members of the university and shall consider the following nonexclusive list of factors:

     (a) Whether there is a need for the proposed goods or services on the campus of Western Washington University;

     (b) Whether the proposed ((service is)) sales or services are compatible with the goals and objectives of the university;

     (c) Whether the proposed service or sales can be provided within the context of existing campus resources, vendors, or programs, thus rendering a new lease unnecessary;

     (d) Whether the requested lease is acceptable within the framework of the university land use plan;

     (e) Whether the requested lease should be ((granted)) considered;

     (f) Which, if any, of the university property should be leased in connection with the proposed service.

     (2) Upon completion of the above evaluation and ((determination, the office)) recommendation of the vice-president for business and financial affairs shall submit a written statement of findings with regard to the above factors to the university president.      ((A determination shall thereupon be made as to)) The president shall determine whether the initial proposal and/or request for lease should be denied or ((should be presented)) recommended for approval to the board of trustees for consideration.

     (a) If the ((determination is made)) president determines that a particular initial proposal and/or request for lease should ((not)) be ((granted, the office of)) denied, the vice-president for business and financial affairs shall give written notice of denial to the individual presenting the proposal and request for lease, and shall include within this notice the reasons for such denial.

     (b) If the president determines the proposal and/or community request should be considered for approval by the board of trustees, the proposal and/or lease should be considered by the board of trustees at its next regularly scheduled meeting.

[Statutory Authority: RCW 28B.35.120(11).      87-01-110 (Order 12-03-86), § 516-34-020, filed 12/24/86; Order 73-13, § 516-34-020, filed 8/8/73.]

The board of trustees shall consider and evaluate each initial proposal ((for services)) and/or request for lease referred to the board by the president.      The board of trustees may either deny or give preliminary approval in whole or in part to each such initial proposal ((for services)) and/or request for lease.

[Order 73-13, § 516-34-030, filed 8/8/73.]

Whenever the board of trustees gives preliminary approval to an initial proposal for services and request for lease, the ((university)) vice-president for business and financial affairs shall forthwith give reasonable and timely notice to members of the public and to interested parties indicating that the university will consider leasing a particular area of university property in connection with the provision of a particular service to the university community.      Said notice shall specify a time limit for submission of proposals by members of the public relating to said provision of services or sales of goods and/or lease.

[Statutory Authority: RCW 28B.35.120(11).      87-01-110 (Order 12-03-86), § 516-34-040, filed 12/24/86; Order 73-13, § 516-34-040, filed 8/8/73.]

Within the time limit specified in the public notice given by the university, any individual interested in leasing the particular area of university property specified in the notice for the purpose of providing the particular service or other goods as specified in the notice shall submit a proposal to the university setting forth in detail the means and methods by which that individual would utilize the leased property and provide the desired service to the university community. Proposals must meet all specifications and/or requirements set forth in the notice.

[Statutory Authority: RCW 28B.35.120(11).      87-01-110 (Order 12-03-86), § 516-34-050, filed 12/24/86; Order 73-13, § 516-34-050, filed 8/8/73.]

(1) The ((university)) vice-president for business and financial affairs shall carefully examine and evaluate all proposals for lease of university property and provision of services or selling of goods.      The factors considered by the university in evaluating such proposals shall include but not be limited to the following:

     (a) The capabilities, qualifications, and experience of each person, firm, corporation, or organization who would be involved in the execution of the proposal;

     (b) The financial stability of each person, firm, corporation, or organization owning and/or operating the proposed service facility;

     (c) The educational, academic and financial value of each proposal to the university;

     (((d) Whether the proposal indicates that there will be full compliance at all times with the applicable requirements of the university's affirmative action program;

     (e) The overall projected ability of each proposal to provide the desired service.))

     (2) Upon completion of the evaluation, the ((university)) vice-president for business and financial affairs shall ((determine)) evaluate which, if any, of the submitted proposals is in the best interests of the university.      The ((university)) vice-president for business and financial affairs shall have authority to reject all proposals as being unsatisfactory. The vice-president for business and financial affairs shall forward his/her recommendation as to the best proposal and the reasons therefor to the president in writing.

     (3) The president shall make a final determination of which proposal is in the best interest of the university and shall award the lease to that applicant. The president's decision is final and not subject to further appeal with the university.

[Statutory Authority: RCW 28B.35.120(11).      87-01-110 (Order 12-03-86), § 516-34-060, filed 12/24/86; Order 73-13, § 516-34-060, filed 8/8/73.]

The university shall give ((prompt)) notice in writing to all individuals submitting final proposals as to final disposition of award and clearly specify the reasons.

[Statutory Authority: RCW 28B.35.120(11).      87-01-110 (Order 12-03-86), § 516-34-070, filed 12/24/86; Order 73-13, § 516-34-070, filed 8/8/73.]

Any of the university administrators referenced herein may delegate their responsibilities under this regulation to a subordinate.

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