New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Agency"
means a state executive agency other than the state land
				office seeking to lease space.
B.
"Agency cost ceiling"
means the estimated first-year annual cost
				which an agency determines it can budget for a lease. The agency shall provide
				this information to PCD using the appropriate GSD form.
C.
"Agency RFP representative"
means a person who serves on the selection committee and who has been
				designated, in writing, by the agency head at the beginning of each RFP to act
				on behalf of the agency as the sole contact in for information from and about
				the agency during the RFP process.
D.
"Agency on-site lease
				monitor"
means a person who has been designated by the agency to fulfill
				the duties described in 1 NMAC 5.21.19.1 [now Subsection A of 1.5.21.19
				NMAC].
E.
"Bid bond"
means a negotiable security instrument required when proposals are submitted to
				ensure a proposal for space can be delivered by the top-ranked offeror. Bid
				bonds are returned to all unsuccessful offerors when the top-ranked offeror
				selection is approved. (See 1 NMAC 5.21.9.8) [now Subsection H of 1.5.21.9
				NMAC]
F.
"BOMA method"
means the current, industry standard methodology for calculating usable square
				footage (by the building owners and managers association).
G.
"Desirable"
The terms "may",
				"can", "should", "preferably", or "prefers" identify a desirable or
				discretionary item or factor (as opposed to "mandatory").
H.
"General services department
				(GSD)"
means the cabinet agency established in Chapter 9, Article 17
				NMSA 1978.
I.
"Leasable
				square feet (LSF)"
means usable area, plus interior office circulation,
				plus prorated common space, if applicable, which is what the overall lease
				payments are based on and which defines the lease boundaries.
J.
"Lease"
means the standard
				New Mexico lease of real property form provided by PCD.
K.
"Lease record drawings"
means
				drawings prepared in accordance with PCD requirements that address the agency
				lease requirements, building code requirements, accessibility and applicable
				state and federal regulations.
L.
"Mandatory"
The terms "must", "shall", "will", "is required", "are
				required", "requires", identify a mandatory item or factor (as opposed to
				"desirable"). Failure to meet a mandatory item or factor will result in the
				rejection of the offeror's proposal.
M.
"Performance bond"
means a
				bond required of the successful offeror to ensure conformation of space
				required by the lease agreement is successfully completed. The performance bond
				is returned when the lease space is approved for occupancy. (See 1 NMAC
				5.21.14.6) [now Subsection F of 1.5.21.14 NMAC]
N.
"Principal individual owners"
means all majority stockholders, members of board of directors, officers and
				partners.
O.
"Property
				control division (PCD)"
means the division of the general services
				department established in Chapter 15, Article 3 NMSA 1978 which is statutorily
				responsible for controlling the lease or rental of space in buildings by state
				executive agencies other than the state land office.
P.
"Selection committee"
means a
				group of five (5) individuals, including a PCD staff member and four (4) people
				assigned by an agency to develop RFP evaluation criteria, review lease
				proposals, develop recommendations for the agency, and select the top-ranked
				offeror. If an agency presents a compelling reason in writing for less than
				four (4) agency representatives, the PCD director may approve a selection
				committee of a total of three (3) individuals, one (1) from PCD as the chair
				and two (2) assigned by the agency.
Q.
"Short-term lease"
means a
				lease for a period that does not exceed one year, including any renewal
				options.
R.
"Special use
				facility"
means a facility other than an office building, warehouse or
				storage space, which is unique, distinctly different and provides for needs
				beyond those previously listed. Examples include reintegration centers and
				hospitals.
S.
"Storage
				space"
means space which is used for the bulk storage of materials and
				which does not exceed 1,000 usable square feet or house employees.
T.
"Usable square feet (USF)"
means the amount of specific floor area needed to provide an employee or
				function of an agency with adequate space to perform effectively. Usable square
				footage is calculated using the BOMA method. Usable square footage can be
				described as the area within the four walls which defines a work
				space.
U.
"Warehouse"
means a space used to store bulk products, materials or supplies or storage
				space in excess of 1,000 usable square feet. A warehouse may include space to
				house employees required for operation of the warehouse.