Legislature(2001 - 2002)
02/12/2001 01:37 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE February 12, 2001 1:37 P.M. TAPE HFC 01 - 24, Side A TAPE HFC 01 - 24, Side B CALL TO ORDER Co-Chair Mulder called the House Finance Committee meeting to order at 1:37 P.M. MEMBERS PRESENT Representative Eldon Mulder, Co-Chair Representative Bill Williams, Co-Chair Representative Con Bunde, Vice-Chair Representative John Davies Representative Carl Moses Representative Richard Foster Representative John Harris Representative Bill Hudson Representative Ken Lancaster Representative Jim Whitaker MEMBERS ABSENT Representative Eric Croft ALSO PRESENT Christine Parce, Director, Division of General Services, Department of Administration; Vern Jones, Chief Procurement Officer, Division of General Services, Department of Administration; Pat Davidson, Legislative Auditor, Legislative Audit Division; Dane Larsen, Division of Legislative Audit PRESENT VIA TELECONFERENCE Mary Marshburn, Director, Division of Motor Vehicles, Department of Administration. GENERAL SUBJECT(S): OVERVIEW: STATE LEASING The following overview was taken in log note format. Tapes and handouts will be on file with the House Finance Committee through the 22nd Legislative Session, contact 465- 2156. After the 22nd Legislative Session they will be available through the Legislative Library at 465-3808. LOG SPEAKER DISCUSSION TAPE HFC 00 - 24 SIDE A 000 Co-Chair Mulder Opened House Finance Committee meeting. He advised that the discussion would provide an overview of State leasing by the Department of Administration. 142 CHRISTINE PARCE, Explained that Department of DIRECTOR, DIVISION Administration manages the State leasing OF GENERAL SERVICES, programs. She explained that the mission DEPARTMENT OF of that agency was to provide for cost ADMINISTRATION effective and efficient office space for State agencies in a timely manner. She added that the leasing component mission is to provide centralized support services for all State agencies. Ms. Parce continued, noting that the goal was to provide cost effective management of the State's lease portfolio through: · Assure efficient use of space in State leased facilities; · Provide suitable, economical office space that meets State agency needs; · Replace, in a timely & efficient manner, expiring State leases where needed; · Implement an improved tracking system to provide better State agency customer service and response time. 270 Ms. Parce Listed the key issues for FY2001: · Deploy an automated lease tracking & projection data management system; · Obtain replacement space for leases expiring in FY2001 and FY2002; · Obtain new or additional space for State agencies as required. 399 Co-Chair Mulder Asked the historical perspective in what the State has paid for the leases for the past few years. He questioned if it had been increasing. 423 Ms. Parce Replied that the last two years have been flat and commented that it has stayed in the $33 million dollar bracket. She offered to provide a ten-year history comparison. 451 Representative J. Referenced the $1.9 million dollar short Davies funding and asked what was anticipated for the new year bidding process. 472 Ms. Parce Stated that the $1.9 was from the FY00 budget. She noted that those obligations remain and need to be funded through the 2001 year. She acknowledged that the major new lease was the one in Anchorage for DMV and would be a replacement for several Division of Motor Vehicle (DMV) spots. Ms. Parce elaborated that road construction happening in that area extenuates the need for new space. 584 Representative Requested a historical view of the lease Harris numbers for the Department of Health and Social Services and why those numbers are increasing so radically. 637 Ms. Parce Explained that those numbers changed because of a consolidation for the Department moving into the Frontier Building. 675 Representative Addressed the Atwood Building and asked Hudson the net plus or minus from action taken last year showing up in this fiscal year's fiscal budget. 717 Ms. Parce Offered to provide that information. The reasoning for the action was to leverage federal and non-general fund dollars into the State. 746 Representative Asked if it was an increase or decrease Hudson in the expenditure between the Frontier and the Atwood buildings. 750 Ms. Parce $1.85 per square foot- Frontier Building $1.07 per square foot - Atwood Building 845 Co-Chair Mulder Referenced the DMV contract and asked if it had been anticipated in last year's budget. 872 VERN JONES, CHIEF Replied that the Division did anticipate PROCUREMENT OFFICER, replacing the DMV's lease in last year's DIVISION OF GENERAL budget. An estimate had been included, SERVICES, DEPARTMENT which was not enough. OF ADMINISTRATION 894 Co-Chair Mulder Questioned if the lease was not funded, was there a back out. 912 Mr. Jones Replied that was a standard term of all leases and that continued occupancy of the space was contingent upon Legislative appropriation. In response to Co-Chair Mulder, Mr. Jones noted that if the Legislature chooses not to go forward with the contract, their attorney's agree that it would be difficult to not fund just one lease. The practicality of backing out of a lease would be addressing damages with the firm awarded the contract. Another issue would be dealing with the practicality of what to do with the DMV. He asked if there would need to be other emergency space found. He emphasized that the present location does not work for the public. 1002 Co-Chair Mulder Understood that the road construction was being delayed. 1013 Mr. Jones Stated that the road construction was on schedule and that the Department of Transportation & Public Facilities would begin construction during the busiest season for DMV in April. There are incentive payments built into the lease to get them out of that space by April. 1040 Vice-Chair Bunde Commented on past legislative concerns with that Division. 1070 Co-Chair Mulder Reiterated that there were many issues regarding the DMV issue. He asked the justification from the Department's perspective. 1089 Mr. Jones Outlined the need for leased office space. General Services does not write the specifications, instead that is up to the agency being affected needs. In the case mentioned, the Department funded architectural firms & design firms to help write the needed specifications. He acknowledged that the space requirements have increased. They have been in their current space since the late 1970's and the employee count has increased since that time. Their current situation pays low market price of $1.10 per square foot into a market rate which has increased over the last few years dramatically. Additionally, there exists a timing requirement which was short to acquire additional space to move DMV out. These factors added up to increased costs to the original lease. 1181 Co-Chair Mulder Emphasized that the proposed lease was an illogical use of funding dollars. 1195 Mr. Jones Stated that the change would be from $18,000 per month to $87,000 per month. 1211 Ms. Parce Noted that it was more space and would be more adequate for the needs of that agency. More staff would be moved from other locations. Additionally, the location would be more convenient for the customers. She added that at the current location, the road space for vehicle is being "borrowed". The new space would be able to protect that concern. 1295 Co-Chair Mulder Asked the relationship with the current landlord and if there was a possibility for an extension in that lease. 1311 Mr. Jones Stated that there was an option for a renewal. Noted that the role of General Services was that when customer agencies need lease space, those specific specifications of need are determined by that specific agency. 1357 Representative Asked the difference in square footage Hudson for the new proposed lease space and the current space. 1402 Ms. Parce Explained that the difference between the two would change from 15,500 square feet (current location) to 17,300 square feet (proposed location) and would additionally provide for the testing area of 24,700 square feet; parking spaces would go from 130 spaces to 225 spaces. The new location would provide an expansion of the testing, office and parking areas. Square footage space needs have increased. Ms. Parce added that there would be an escalator in the space. She pointed out that there has been an average of 3% increase in the Consumer Price Index (CPI) over the years. 1474 Ms. Parce In response to Representative Hudson, Ms. Parce reiterated that the Department has not been paying for the testing area to date but rather "borrowing" it. 1503 Co-Chair Mulder Reiterated the annual increase in lease costs. 1515 Representative Asked who had the authority to say "no" Whitaker to a Department's request. 1530 Mr. Jones Replied that this was a dramatic increase. For years, the State has had substandard space. The Department did not realize the full extend of the total value until the proposals came in. The Department and General Services could say no, however, it was a policy decision that the customer could not stay in the current location. 1572 Representative Asked if the Department assumed that the Whitaker Legislature would agree with the decision. 1588 Mr. Jones Believed that the alternative of moving forward with the DMV in the current location was not a situation that could be continued. He requested that DMV testify to the consequences of staying in the present location. 1603 Representative Noted that all leases are subject to Hudson legislative appropriation, which is a legislative mandate. He believed that the Department could re-bid or re-negotiate with the existing leaseholder. Mr. Jones noted that there were consequences to doing that. 1646 Representative Conclusion is that the Department has Whitaker allocated funds, which is a legislative mandate. 1659 Representative Asked if the existing landlord would have Lancaster been willing to upgrade the lease. 1674 Mr. Jones Replied that over the years, the Department has made numerous attempts to get that landlord to make appropriate changes and upgrade the lease. This has been an on-going issue for many years. 1711 Ms. Parce Spoke to the anticipated savings with the move. She noted that it would be more convenient for the customer. 1723 Representative Spoke to the lease agreement and the Lancaster incentive bonuses included to get the space ready early. He did not agree that was appropriate. 1745 Ms. Parce Explained that the bonuses were added for the contractors to get the space ready earlier. 1770 Mr. Jones Interjected that those bonus payments would not be incurred. 1780 Representative Requested that the DMV Director testify. Davies st 1839 Co-Chair Mulder Noted that 1 the Division of Audit would provide an overview of a preliminary review of the space acquisition for DMV. 1860 PAT DAVIDSON, Explained the history of the memo before DIRECTOR, DIVISION the Committee. [Copy on file]. She noted OF LEGISLATIVE AUDIT that Division was requested to look at the situation to see if there were any audit issue by Co-Chair Mulder's Office. That provided the attached review. She noted that this was not a "full blown" audit and that the Department was not given an opportunity to respond. 1908 DANE LARSEN, Addressed how the RFP was evaluated. The DIVISION OF RFP specified approximately 15,000-16,000 LEGISLATIVE AUDIT, square feet of office space and 2,800 (ANCHORAGE OFFICE square feet of warehouse space. The MANAGER) space was to be located in mid-Anchorage. The lease terms were for additional nine years, with three three-year extensions. He noted that there were four concerns: · The RFP stated that the pricing scores · The pricing structure allowed the pricing to change. There could be a different proposal to evaluate that industry standard. · The non-price components were over- rated in the scoring summary. That was inconsistent with the stated RFP. · The high price of the lease, which was double what, General Services had expected. 1982 Mr. Larsen Mentioned the exclusion of the additional nine years. He stated that the substance of the RFP was recognizable. The pricing structure in the RFP had three st components. The 1 was the total cost for the first nine years. He stated that only years 10-18 were used to evaluate the lease. 2043 Mr. Larsen Added that the auditors were surprised that they did not use the normal system. General Services determined that North Star was the chosen bidder. Division of Audit noted that North Star was 33% higher than the lower bidder. 2087 Mr. Larsen He stated that an item not included in the memo was that General Services erred in summarizing the non-price components. The price (35%) was made up of the initial annual lease amount less any reduction for the extension periods. 2121 Mr. Larsen Reiterated concern with the cost of the lease. He emphasized that this is high quality space. He thought that there were more interview rooms than are necessary for that type business, acknowledging that was a minor issue. Mr. Larsen noted that the primary concern was that the price came in at twice the going rate. He thought that General Services encouraged a high bid by the way it was written. 2170 Mr. Larsen He spoke to North Star as the winner of the bid. They received a high score in the function, appearance, and convinence categories. He stated that General Services could have cancelled the contract. 2225 Mr. Larsen Noted that General Services has been willing to address these concerns in the future. 2241 Representative Asked if there had been a response made Davies by the Department. 2250 Co-Chair Mulder Stated that the Division was asked to do a quick overview and they did not have an opportunity to respond. He noted that they had not gone through the full audit process. They were asked to see if it met traditional budget review. 2267 Ms. Davidson Stated that the Department had not been given a formal opportunity to respond. The conclusion was that an audit would not be necessary. 2283 Representative Stressed that these comments were handled Davies in a "quick and dirty" way without the normal response from the agency. He voiced his concern with the process noting the normal auditing process for the agency to respond. TAPE HFC 01 - 24, Side B 004 Co-Chair Mulder Stated that the Department had not yet responded and that his concern was timing. He pointed out that DMV could respond at this time. 052 MARY MARSHBURN, Addressed the previous testimony given by DIRECTOR, DIVISION the Legislative auditor, indicating that OF MOTOR VEHICLES, she had not received the results of their DEPARTMENT OF inquiry. The pricing structure and RFP ADMINISTRATION, evaluation would need to be addressed by ANCHORAGE (testified General Services. Regardless of using via teleconference) net present value, North Star was the successful bidder in the contract. 185 Ms. Marshburn Explained that the process has been ongoing for four years. She noted that it would be the consolidation of four separate spaces. Ms. Marshburn mentioned the efficiencies that would be achieved through the move. She noted that Department of Public Safety had been "breathing down the neck" of DMV since they were using a portion of their facilities. Department of Public Safety needed all of their spaces. In moving out of the current facility, there will greater consolidation and more efficiency throughout State government. 365 Ms. Marshburn Listed the DMV customers noting that included commercial customers, dealerships, fleets, rental car agencies and others. At this time, DMV is located in three different facilities, which means that those business partners must go to three separate facilities. The consolidation will affect everyone. She emphasized that the move would allow DMV to furnish a better quality of service. The space at Dowling Road has been used since 1975. The amount of that lease reflects the time it was signed, the quality of the space and the amount of square footage. Ms. Marshburn pointed out that the DMV operations have changed dramatically since 1975. 540 Ms. Marshburn If the agency does not move, the current costs will still increase. The Dowling Road construction will begin as soon as the snow is gone and at that time, Dowling Road will be a one-lane street. She acknowledged that there will be costs in "beefing" up current facilities and that the Dowling Road facility is currently for sale. 665 Co-Chair Mulder Inquired who wrote the RFP. 677 Mr. Jones Replied that General Services wrote the RFP with input from the Division of Motor Vehicles on specifications. He explained that there is no standard in the bidding process. Each case is considered individually. 725 Co-Chair Mulder Questioned the myth of the low bid. 740 Mr. Jones Replied that this was not a low bid situation. This was an RFP award including a number of other factors. He noted that the Department has found over the years that the low bid is not always a good vehicle to go with for lease space. There have been numerous complaints with using that system. Six years ago the agency switched to an invitation for bid for lease space. It does not always result in an award for lowest price but rather the "best value". 822 Mr. Jones Spoke to some points made by the LBA overview. He did not accept that only the price was evaluated from years 9-18. He suggested that the net present value should be checked into. He did not agree that the non-price components were overweighed; however, it is important to note that if you accept all three of those allegations that it would not have changed the award. There was no legal basis to cancel the award. There are 7 or 8 reasons listed in regulations, which allow the agency to cancel a reward. 950 Mr. Jones In response to Co-Chair Mulder, Mr. Jones did not believe that there was any legal basis to not accept the lease. 977 Co-Chair Mulder Every one agrees with Legislative Audit that the pricing discount was skewed and that this was a political decision. 1012 Mr. Jones Repeated that the Division has had yet had an opportunity to review the audit. He stated that the price offered was not significantly higher than the market rate. This would be class B space; The current space is very bad and below Class C. 1049 Co-Chair Mulder Questioned the class space necessary for DMV. 1064 Mr. Jones Responded that would be determined by the agency outlining the requirements, this case DMV. 1086 Co-Chair Mulder Spoke to the "disconnect" happening with this RFP. He asked who tells the Division of Motor Vehicles what is necessary. He asked the check and balance system in place. 1104 Mr. Jones Noted that there were design firms helping to write the specifications. General Services was comfortable with the specifications that went out. 1125 Co-Chair Mulder Asked if General Services had checked with anyone in the Legislature regarding the substantive changes being made. 1155 Ms. Parce Interjected that the current office space was way below market. The current space will be $1.97 per square foot, which is not that "outrageous" in Anchorage. 1188 Co-Chair Mulder Reiterated that they did not go with the lowest bid. 1203 Representative Understood the concerns, however, pointed Davies out that DMV has been in such substandard conditions for so long. He reiterated his concerns with the process of the audit that the Division and General Services had not yet seen. 1240 Co-Chair Mulder Argued the cost of the increment being requested. He voiced his anger over the checks and balances of the process. He did not perceive that DMV should be using Class A or B office space. He stressed that this was not a warranted cost. 1322 Representative Inquired about the procedural problems. Whitaker He questioned that the Department made a decision with the lease upgrade and made a de facto appropriation of $15 million dollars. He wondered who authorized that. 1387 Ms. Parce Replied that General Services is charged with the responsibility to make leasing decisions for the State. 1414 Representative The reality is that General Services made Whitaker that determination. 1458 Mr. Jones Interjected that this is the market value in Anchorage at this time. 1478 Co-Chair Mulder Asked the real issue. 1485 Mr. Jones Noted that what has happened is that they have gone from a sub market rate to the current market rate. Mr. Jones mentioned that the price was determined by the agency and their needs and specifications. He acknowledged that General Services was surprised by the price. 1538 Mr. Jones DMV could not stay at their current location with the conditions as they were. 1596 Co-Chair Mulder Emphasized that they could have gotten a better deal if they would have attempted to. 1616 Vice-Chair Bunde Asked about specifics regarding location and class of office size and other options. 1646 Ms. Marshburn Emphasized that this was not a matter of getting out of Dowling Road. The plan has been under consideration for 2 years. There has been no lease signed for 10 years and that the landlord was willing to renew the lease. She stressed that landlord has been a "non-responsive" landlord in a substandard space. The Division looked at the entire Anchorage area demographics. There were five responders to the RFP's. The highest bidder was twice above that of the lowest bidder. 1745 Vice-Chair Bunde Asked if there was any Class C office space available. 1821 Ms. Marshburn Stated that the efficiencies were reflected in the bid. 1844 Vice-Chair Bunde Questioned if that reflected the Division's position. 1869 Ms. Marshburn Stressed that the Division would remain in the building for a long time. A professional space planner was used. The planner did not recommend any big changes to the Division's plan. 1894 Co-Chair Mulder Asked about the location. 1906 Ms. Marshburn Described the location. 1914 Co-Chair Williams Questioned if the Department could "live with" a Class C office space. 1930 Mr. Jones Responded that the definition of Class C is building space offered at less than market rate, which can be difficult to recognize. Class C could be almost anything, therefore specific qualifications were used. 1971 Ms. Marshburn Noted that the State does not use a classifications system. She reiterated they would be in the building 18 years or more. The Division's emphasized their role, which is to serve the public. Ms. Marshburn reviewed some of the requirements, emphasizing that the focus was on the customers. 2041 Co-Chair Mulder Questioned how much value was placed on the cost, reiterating the large increase. 2059 Ms. Marshburn Replied that 35 points were used for the cost determination out of a possible 100 points. She noted that bids are evaluated before the price. Ms. Marshburn noted that DMV was also surprised by the cost. She noted that they were currently paying significantly below market cost for the current location. 2130 Representative Asked if lease purchase had been Hudson considered. 2140 Ms. Parce Replied that lease purchase had not been considered. 2165 Co-Chair Mulder Noted that the City of Anchorage was frustrated with lease purchase. 2177 Representative Moses Questioned the square footage comparison. 2189 Ms. Parce Noted that the square footage was a factor. The parking and testing area is about double the current size. She acknowledged that they do not pay for the testing area in the current location. 2217 Co-Chair Mulder Noted that General Services are supposed to show savings and reports to the Legislature. Ms. Parce stated that General Services had reported that every year. ADJOURNMENT The meeting was adjourned at 3:05 p.m.
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