2016 Delaware Code
Title 29 - State Government
CHAPTER 63A. OFFICE OF MANAGEMENT AND BUDGET
§ 6307A. Facilities Management.

(a) The Facilities Management Section of the Office of Management and Budget is hereby established having powers, duties and functions as follows:

(1) Advise the Director of the Office of Management and Budget on the allocation of existing space in facilities owned or leased by the State among state agencies, boards and commissions;

(2) Advise the Director of the Office of Management and Budget on any need to acquire additional facilities for any state agency, board or commission;

(3) Provide facility maintenance programs, including but not limited to building maintenance, grounds maintenance, security and custodial services.

(b) The Facilities Management Section shall review all building design, construction, and operations for state agencies, including school districts. The purpose of this review shall be to:

(1) Establish and apply evaluation factors and performance specifications for structural and mechanical functions;

(2) Research and analyze design and construction factors as they relate to economical construction and reliability and maintenance performance;

(3) Advise, recommend and refer to the Governor matters dealing with state building design and construction practice;

(4) Review bidding procedures and study and make recommendations dealing with bid laws;

(5) Make such studies and provide such information as shall cause the selection of the best cost/performance components that will satisfy a particular function; and

(6) Review and make recommendations regarding the operation, maintenance and efficiency of the physical plant of state facilities.

(c) The Facilities Management Section shall be responsible for the performance of all the powers, duties and functions vested in the Office of Management and Budget pursuant to Chapter 4 of this title.

(d) The Facilities Management Section shall be responsible for the design, construction and/or renovation of all public buildings for state departments and agencies. In performance of these duties, the Office of Management and Budget shall, in the following areas, consult with the agency for which the project is being or will be completed: pre-design services, architectural plans and preliminary cost estimates, selection and negotiation of professional services, approval of minor capital improvement projects to be bid upon and awarded, approval of final architectural and engineering drawings for major capital projects and approval of change orders greater than or equal to 2 percent of a project cost. For the purpose of this subsection, state departments and agencies shall not include school districts and institutions of higher learning.

(e) The Facilities Management Section shall:

(1) Be the only state agency authorized to rent parking space in the underground facilities located at the Carvel State Building;

(2) At the discretion of the Administrator, approve all proposed contracts for architectural, engineering and construction management services and all architectural, structural and electrical plans, specifications and cost estimates for public building projects to be undertaken by all state departments and agencies. All projects planned, designed, maintained and/or constructed by the Department of Transportation, with the exception of projects for the construction of public buildings, are specifically exempted from the requirements of this subsection;

(3) Negotiate, review and approve all leases and lease renewals on behalf of all state departments and agencies for facilities throughout the State;

(4) Establish statewide policies and standards for all leases including: space allocation, energy efficiency, maintenance, security and custodial services;

(5) Develop an inventory of all state leases and space available in all state facilities; and

(6) Develop a long-term plan to coordinate the State's leasing practices with a comprehensive plan of facilities management and space allocation.

(f) The Facilities Management Administrator shall assume such other powers, duties, and functions as the Director of the Office of Management and Budget may assign which are not otherwise inconsistent with the laws of this State.

(g) For purposes of this section, the terms "state agency" or "state departments or agencies" shall not include institutions of higher education unless otherwise expressly provided.

75 Del. Laws, c. 88, § 4; 77 Del. Laws, c. 84, § 323.;