* UMASS/AMHERST * 315Qbb 0Efl2 M3Dfl 0 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE INSPECTOR GENERAL Private Office Space Leasing by State Agencies Robert A. Cerasoll Inspector General January 1997 CThr Commanhjraitl] of iHassachusctls (Offirr of tlir ^Inspector (bnxrral One Ashburton Place, Boston, MA 02108 JOHN MCCORMACK V> STATEOFFICE BUILDING ROOM 1311 TEL 727-9140 FAX 7233540 January 1997 His Excellency the Governor The Honorable President of the Senate The Honorable Speaker of the House of Representatives The Honorable Chairman of the Senate Ways and Means Committee The Honorable Chairman of the House Ways and Means Committee The Honorable Chairman of the Senate Post Audit and Oversight Committee The Honorable Chairman of the House Post Audit and Oversight Committee The Directors of the Legislative Post Audit Committees The Secretary for Administration and Finance Members of the General Court Omnibus ad quos praesentes literae pervenerint, salutem. am today releasing a report on the process by which the Commonwealth leases I private office space for use by state agencies. This report examines the components of the Commonwealth's leasing process, impediments to timely and cost-effective leasing transactions, and the likely impact of recent measures to decentralize the leasing function. Under new rules implemented in May 1996, state agencies are now authorized to procure and execute some of their own office space leases without the approval or oversight of the state Division of Capital Planning and Operations (DCPO). DCPO was created in 1 981 on the recommendation of the Ward Commission, to serve as the state's , real property manager. The agency delegation process is intended to streamline and speed up leasing transactions. share the Administration's interest in improving the cost-effectiveness of state I government operations. However, have serious concerns about the risks of waste and I abuse posed by the agency delegation process as currently designed. My Office's analysis suggests that the cost of state leases is likely to escalate in the absence of the downward pressure DCPO has historically exerted on the size and cost of space leased by user agencies. As responsibility for protecting the Commonwealth's real property interests becomes increasingly fragmented among multiple state agencies with differing interests and expertise, long-range planning for the Commonwealth's leasing and real property needs will become increasingly difficult. Without effective oversight, a decentralized leasing system will be vulnerable to legal challenges from landlords, inappropriate political pressures, and conflicts of interest. Ironically, these risks mirror the problems that prompted the Ward Commission to recommend creation of a centralized, professional real property management agency nearly two decades ago. The Commonwealth must continue to protect its annual $97 million investment in leased space. This report offers a series of legislative recommendations to promote systemwide planning, cost control, and accountability. urge the Legislature to act on I these recommendations. Sincerely, Robert A. Cerasoli Inspector General Digitized by the Internet Archive 2014 in https://archive.org/details/privateofficespaOOmass TABLE OF CONTENTS ......... Executive Summary i 1. introduction . . 1 ...... 2. Profile of State Leasing Transactions 9 ........ 3. The State Leasing Process 15 .27 4. Significant Leasing Issues . . . . . . . ...... 5. Conclusion and Recommendations 61 ..... Appendix: Office Lease Sample Selection A-1 Publication #17880-40-5C-l/97-lGO, approved by Philmore Anderson III, Suie Purchasing Agent Pnnted on recycled paper. SUMMARY EXECUTIVE In April 1995, the Office of the Inspector General initiated a review of the process by which the Commonwealth leases private office space for use by state agencies. Leasing of private space is the responsibility of the state Division of Capital Planning and Operations (DCPO), an agency created in 1981 within the Executive Office of Administration and Finance on the recommendation of the Special Commission Concerning State and County Buildings, often called the Ward Commission after its chairman, John William Ward. The Ward Commission, which uncovered widespread public corruption and waste, recommended centralizing within DCPO the responsibility for ensuring that the state's real property needs -- including construction, repairs, renovations, leases, and operations are met efficiently and effectively. DCPO's role and responsibilities for acquiring and disposing of state real property are set forth in Massachusetts General Laws c.7, §§40E-40L. DCPO is required by statute to facilitate the leasing process for state agencies; at the same time, DCPO is charged with ensuring that the leasing process is fair and accountable. DCPO's dual roles of service provider and watchdog sometimes generate competing pressures that DCPO must balance in carrying out its statutory responsibilities. As of April 1996, DCPO was responsible for 498 leases totaling more than seven million square feet and costing more than $97 million per year. This Office's review focused on office leases, which accounted for 73 percent of the state's lease transactions, 61 percent of the state's annual lease payments, and 56 percent of the amount of space rented. The components of the Commonwealth's leasing function, impediments to timely and cost- effective leasing transactions, and the likely impact of recent measures to decentralize the state's leasing function are examined in this report. i During the course of this Office's review, the Secretary of Administration and Finance convened a "Property Work Group" representing state agencies, the Trial Court, and the Governor's Office. The objective of the Property Work Group was to review and recommend improvements in the Commonwealth's real property management policies, procedures, and practices. The major focus ofthe Property Work Group's proposals was a new system for delegating leasing authority to state agencies. Under the new system, implemented in May 1996, user agencies with sufficient staff capability were authorized to procure leases of less than 15,000 square feet outside downtown Boston. Significant Leasing Issues This Office's statistical analysis of DCPO leasing data and interviews with user agency and DCPO officials yielded a mixed assessment of the Commonwealth's leasing process. The following is a summary of the significant leasing issues identified during this Office's review: DCPO's professional management and oversight have protected the Commonwealth from excessive leasing costs and added value to the leasing function. • Protracted leasing schedules encourage short-term lease amendments, which cause further schedule delays. • DCPO, user agencies, and landlords all share responsibility for protracted leasing schedules. Some time savings projections for the user agency delegation process appear unrealistically high. • Major exceptions to the lease size threshold established for agency delegation have already been authorized. The delegation process, as currently designed, poses new risks to the Commonv\/eaith. • Systemwide cost control and accountability require effective DCPO oversight of the agency delegation process. ii