reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 3 - ADMINISTRATION AND USE OF STATE VEHICLES › Section 1.5.3.28 - ACCIDENTS AND ACCIDENT REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. An authorized driver, or appointed fleet
				coordinator, of a state vehicle owned or leased by GSD/TSD shall file an auto
				loss notice for any auto accident in a state vehicle within twenty-four (24)
				hours or the next business day regardless of the severity of the accident. A
				police report and automobile loss notice are required with or without property
				damage, bodily injury, whether or not the authorized driver is at
				fault.
B. The authorized driver
				shall provide the police accident report, automobile loss notice, and three (3)
				quotes for repair costs to RMD and a copy of the same to the agency vehicle
				coordinator and the TSD account manager.
C. If the authorized driver did not file a
				police report, the state agency fleet coordinator must complete the automobile
				loss notice and include the authorized driver's name and driver's license
				number, and any witnesses, written and notarized affidavit(s) describing the
				accident in detail, with distribution of the documents as previously
				described.
D. If the authorized
				driver is found to be at fault, the driver will be suspended and is required to
				take and pass a TSD approved instructor taught six (6)-hour NSC/DDC
				course.
E. RMD will assist the
				director or designee in maintaining accident reports and filing insurance
				claims for all state vehicles.
F.
				Since the premiums for RMD state passenger vehicles are part of the TSD lease
				rates, the deductible for any loss will be paid by TSD. However, if there is
				proof that the loss was caused by the negligence or abuse of a state employee,
				the user agency will bear the costs of the insurance deductibles up to two
				thousand five hundred dollars ($2,500) and any other costs as may be determined
				by the director, or designee, and RMD.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 3 - ADMINISTRATION AND USE OF STATE VEHICLES › Section 1.5.3.29 - CUSTODY OF STATE VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Determination by director or designee. The director or designee may, on his own
				initiative or in response to a written request from a state agency, determine
				that custody of certain state vehicles should reside in a state agency. The
				director or designee shall make such determination in accordance with the
				criteria set forth in Subsection B of Section
				15-8-6
				NMSA 1978. All state vehicles in the custody of other state agencies shall be
				titled in the name of the division in accordance with Section
				15-8-9
				NMSA 1978.
B. Responsibilities of
				state agencies with custody of state vehicles. A state agency that has custody
				of one or more state vehicles shall:
(1)
				appoint an agency fleet coordinator who shall be responsible for answering any
				questions from the director or designee regarding the owned or leased TSD state
				vehicles in the state agency's custody;
(2) maintain an accurate inventory of all
				state vehicles in its custody, including any public property with a license
				plate;
(3) submit an inventory
				report to the director or designee by June 15th of each year for the fiscal
				year ending on June 30 of that year;
(4) notify the director or designee within
				thirty (30) days of any change in the name, address, telephone number, or
				facsimile number of the state agency or the agency fleet coordinator, or any
				change in the status of state vehicles in the state agency's custody;
(5) register all state vehicles using the
				name GSD/TSD/SCFA as the first lien holder or name;
(a) the name of GSD/SCFA as the first lien
				holder or name one (1); and,
(b)
				the name of the state agency as name two (2) and the state agency accounting
				code as "VIN two (2)",
(6) be responsible for all operation,
				maintenance, repair, and replacement costs of leased state vehicles in the
				state agency's custody;
(7) budget
				appropriately for replacement of leased state vehicles;
(8) develop written inventory,
				administrative, operational, and replacement policies;
(9) develop a written policy regarding the
				use of leased state vehicles for commuting between work and
				residence;
(10) track all special
				use motor vehicles and motor vehicles leased or purchased totally or partially
				with federal funds using the vehicle identification number (VIN) instead of the
				license plate number; and
(11)
				maintain insurance coverage on non-TSD leased state vehicles in accordance with
				the requirements established by RMD.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 3 - ADMINISTRATION AND USE OF STATE VEHICLES › Section 1.5.3.30 - USE-OF-STATE VEHICLES DURING INCLEMENT WEATHER

Current through Register Vol. 35, No. 13, July 16, 2024
A. No employee should be expected to travel
				if they feel unsafe due to inclement weather. The employee should inform their
				supervisor and request that the trip be delayed until the inclement weather
				hazard has dissipated.
B. No short
				term lease or "quik ride" vehicles will be issued while inclement weather
				conditions are present. Reservations will be rescheduled for a later time or
				date, depending on weather conditions and vehicle availability.
C. TSD reserves the right to prohibit the use
				of state vehicles during inclement weather.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 3 - ADMINISTRATION AND USE OF STATE VEHICLES › Section 1.5.3.31 - GLOBAL POSITIONING SYSTEMS - GPS

Current through Register Vol. 35, No. 13, July 16, 2024
A. GPS will be used to monitor the location
				and operation of vehicles in order to protect driver and vehicle safety and to
				improve fleet efficiency.
(1) TSD will
				establish statewide vehicle alerts in order to identify improper driving
				behaviors;
(2) TSD will provide
				oversight of vehicle monitoring and data reporting;
(3) Each agency assigned a state vehicle with
				a GPS device installed shall have access to the GPS tracking system in order to
				track and run reports for their agency vehicles and shall inform its employees
				about the use of the GPS device and system alerts, including use for
				disciplinary reports and related purposes;
(4) All costs associated with an agency's use
				of GPS will be billed by TSD through its monthly billing system. Costs will
				flow through and be identified as an "add on".
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 3 - ADMINISTRATION AND USE OF STATE VEHICLES › Section 1.5.3.32 - WAIVER FROM TSD RULES

Current through Register Vol. 35, No. 13, July 16, 2024
The GSD secretary or authorized designee may waive any
				  portion of this rule provided the request is submitted in writing. The director
				  or designee or the state agency may suspend or revoke driving privileges of an
				  authorized driver for failure to comply with any provision of this
				  rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
General Services Department, Administrative Services
				  Division
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 1, 1988 [unless a later date is cited at the end of a
				  section].
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule establishes procedures for the procurement of
				  petroleum products and related items with state of New Mexico credit
				  cards.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.8 - ISSUANCE, DESIGN, LOSS OF CARD

Current through Register Vol. 35, No. 13, July 16, 2024
The administrative services division of the general services
				  department will issue credit cards upon request of state agencies and local
				  public bodies. Credit cards will be sold for $4.00 for the first four cards and
				  $0.50 each thereafter. Credit cards will be designed to allow the assignment of
				  control numbers to the state agencies or local public bodies to whom the cards
				  have been issued. Each state agency and local public body shall be responsible
				  for the proper use of its cards. If a credit card is lost, destroyed or stolen,
				  the state agency or local public body shall immediately report the incident in
				  writing to GSD's administrative services division for cancellation of the card
				  and issuance of a new card.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.9 - AUTHORIZATION FOR PROPER USE OF CREDIT CARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Vehicle operators are responsible for insuring that invoices
				  or tickets issued by service station attendants bear the vehicle license
				  number, make of vehicle, year and model. They are also responsible for insuring
				  that purchases of fuel are made at the best obtainable price. Independent
				  services stations and self-service pumps shall be used when at all possible.
				  (This requirement does not apply to handicapped persons.) Credit cards shall be
				  used only for official business and only for the items listed in Section 6 of
				  this rule [now
				  1.5.4.12
				  NMAC]. Emergency purchases shall be in the minimum amount necessary for the
				  safe return of a vehicle to its home base and shall not exceed $100.00 in
				  total.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.10 - SERVICE STATION STATEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
All service stations are encouraged to honor state of New
				  Mexico credit cards. Statements shall be furnished monthly by the service
				  station's central billing office to the appropriate state agency or local
				  public body. Each statement shall indicate any discounts
				  offered.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.11 - TRADING STAMPS OR GIVE-AWAYS

Current through Register Vol. 35, No. 13, July 16, 2024
Service stations are not required to offer trading stamps or
				  other give-away inducements to operators of state-owned
				  vehicles.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 4 - PURCHASE OF PETROLEUM PRODUCTS AND SERVICES BY STATE OF NEW MEXICO CREDIT CARDS › Section 1.5.4.12 - CREDIT CARD COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
State of New Mexico credit cards shall be used only for
				  official business and only to furnish state-owned vehicles with:
A. regular gasoline;
B. unleaded gasoline;
C. diesel fuel;
D. lubrication;
E. motor oil;
F. car wash; and
G. emergency purchases not exceeding $100.00
				in total.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule governs the use of all state-owned passenger
				  aircraft operated by the general services department.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Chapter 135, Laws of 1994, Section 3.B.(1) through (7);
				  Section 3.C.; and Section 4.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1994 [unless a later date is cited at the end of a
				  section].
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to regulate the use of state
				  passenger aircraft and to ensure their efficient and cost effective
				  use.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Transportation
				services division" - refers to the division of the general services department
				created by Section 4 of Chapter 119, Laws of 1994.
B. "Crew" - refers to any passenger who has
				any officially assigned duties involved in the operation of the aircraft. Crew
				members include, but are not limited to: pilot, co-pilot, check pilot, flight
				examiner, FAA designated flight examiner, flight instructor, flight engineer,
				navigator, mechanic, flight attendant or load-master.
C. "Coverage" - refers to the liability,
				hull, and medical insurance on state aircraft.
D. "Director" - refers to the director of the
				transportation services division of the general services department.
E. "Duties" - as defined in the Tort Claims
				Act means performing any official duties which a public employee is requested,
				required or authorized to perform by the governmental entity regardless of the
				time and place of performance.
F.
				"Emergency" - a condition which creates a threat to public health, welfare, or
				safety such as may arise by reason of floods, epidemics, riots, equipment
				failures, or similar events.
G.
				"F.A.A" - means the federal aviation administration or its counterpart in a
				foreign country having jurisdiction over civil aviation.
H. "Federal aviation regulations" - means the
				body of regulations governing civil aviation in the United States or the
				equivalent body of regulations governing civil aviation in a foreign
				country.
I. "Fleet" - means the
				aircraft operated by the general services department.
J. "Fleet average cost" - is the average
				hourly cost of operating the fleet. It is determined by combining all variable
				and fixed costs associated with the fleet in a fiscal year and dividing the
				total by the total number of aircraft hours flown in that fiscal
				year.
K. "Passenger" - refers to
				any authorized person or persons, including crew, while in, or entering a state
				aircraft for the purpose of riding or flying therein, or exiting the aircraft
				during or following a flight or attempted flight.
L. "Authorized persons" - refers to the
				following classes of persons:
(1) elected or
				appointed state government officials;
(2) law enforcement officers;
(3) persons acting on behalf of or in service
				of a state governmental entity in any official capacity, whether with or
				without compensation;
(4) persons
				in the custody or care of the state; and
(5) licensed foster parents providing care
				for children in the custody of the state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.8 - USE OF STATE-OWNED AIRCRAFT

Current through Register Vol. 35, No. 13, July 16, 2024
A. For official use only. State aircraft
				shall be used only for official purposes and in the most cost effective manner
				practicable.
B. By authorized
				persons only. Only authorized persons may be transported on state aircraft. The
				state assumes no liability for any passenger who is not an authorized person as
				defined in Section 4.12 of this rule [now Subsection L of 1.5.5.7
				NMAC].
C. Use guidelines. The
				following guidelines shall be applied to determine whether a state aircraft
				shall be scheduled for a proposed trip by a governmental agency, board, or
				commission:
(1) Cost effectiveness. The user
				agency and the aviation services bureau shall consider the cost of the flight,
				location, time required to accomplish mission, cost of alternative
				transportation, and cost of users' time.
(2) Occupancy. A minimum of three official
				passengers shall be on any flight unless appropriate written justification is
				submitted to and approved by the secretary.
(3) Emergencies. The secretary or the
				secretary's designee shall have the authority to waive cost-effectiveness or
				occupancy guidelines in emergencies when failure to use state aircraft would
				threaten:
(a) the functioning of
				government;
(b) the preservation or
				protection of property; or
(c) the
				health or safety of any person.
(4) Permitted areas of use. State aircraft
				shall be flown only within the territory specified in the state's insurance
				coverage. Questions should be referred to the risk management division of the
				general services department.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.9 - SCHEDULING OF STATE AIRCRAFT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Role of aircraft control center.
(1)
				Authority: Pursuant to Section 15-3-31 NMSA 1978, the department maintains an
				aircraft control center.
(2)
				Statutory duties: The aircraft control center shall maintain records of all
				flights made by state aircraft including a preflight report of anticipated time
				of departure and arrival for each flight, name of the pilot and each passenger,
				the destination and intermediate stops, and a post-flight report of actual
				departure and arrival times.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.10 - RESPONSIBILITIES OF USER AGENCIES AND EMPLOYEES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Ground transportation: Users shall arrange
				for their own ground transportation to and from the airport.
B. Boarding requirements: Any passenger
				scheduled on a flight should be at the airport for check-in at least fifteen
				minutes prior to departure. If a passenger misses a flight, the passenger's
				agency will be charged its share of the trip whether flown or not.
C. Courier or package service: Any agency
				requesting courier service to assist in the conduct of official business
				(specifically, items which are not under the responsibility of an employee of
				that agency on the same flight) will be responsible for delivery to and loading
				of the item at the destination airport. The size and weight of the item must be
				cleared with the pilot in command of the flight at the time the service is
				scheduled.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.11 - CONDUCT OF PASSENGERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Smoking: Smoking in, or within 50 feet of, state aircraft is
				prohibited.
B. Alcohol: Consumption
				of alcoholic beverages in state aircraft is prohibited.
C. Seat belts: Passengers shall wear seat
				belts at all times while seated in state aircraft.
D. Conduct of passengers: A passenger whose
				behavior, in the opinion of the pilot in command of a flight, constitutes a
				detriment to the safe conduct of the flight, shall be denied permission to
				board the aircraft and shall be subject to charge for his or her proportionate
				share of the trip's cost.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.12 - REPORTING OF FLIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
All flight reports shall be filed with the secretary or the
				  secretary's designee and the aircraft control center within 48 hours of
				  completion.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.13 - APPEAL OF CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Charges for
				trips not flown: Charges for aircraft use assessed to an agency under the
				operation of Section 8.2 or Section 9.4 [now Subsection B of 1.5.5.10 NMAC or
				Subsection D of 1.5.5.11 NMAC], above, may be appealed in writing to the
				secretary, who shall render a decision as to the appropriateness of the charges
				within 30 days of receipt of the appeal.
B. Disputed charges: All other disputed
				charges for aircraft services may be appealed to the secretary or the
				secretary's designee in writing within thirty days of the invoice or statement,
				whichever is later. The secretary or the secretary's designee shall render a
				decision as to the appropriateness of the charges within 30 days of receipt of
				the appeal. Amounts not expressly under appeal shall be deemed payable within
				30 days of the statement date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 5 - AVIATION SERVICES BUREAU AIRCRAFT USE REGULATIONS › Section 1.5.5.14 - RATES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Establishment of
				rates: The aviation services bureau shall be responsible for the establishment
				of prospective hourly rates and other associated use charges for state
				passenger aircraft on or before July 1 of each year. Rates shall be promulgated
				by memorandum.
B. Included costs:
				Rates shall be sufficient to offset the estimated costs of operation,
				maintenance, and depreciation of state aircraft.
C. Equalization of rates: Rates shall be
				established based on fleet average cost.
D. Retroactive adjustment of rates: On June
				30, 1995 and each year thereafter, the aviation services bureau shall compute
				an actual fleet average cost for fleet operations during that fiscal year. In
				the event revenues from use of state aircraft exceed the actual fleet cost, the
				bureau shall issue each user agency a credit equal to the difference between
				the prospective hourly rate and the actual fleet average cost for its use in
				that fiscal year. Such credits shall be redeemable by June 30 of the following
				year only for aircraft use. Unused credits shall be extinguished on that
				date.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 7 - DESIGN AND BUILD PROJECT DELIVERY SYSTEMS › Section 1.5.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies and local public bodies procuring design
				  and build project delivery systems in accordance with the Procurement Code,
				  (Section
				  13-1-28
				  through Section
				  13-1-199
				  NMSA 1978).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 7 - DESIGN AND BUILD PROJECT DELIVERY SYSTEMS › Section 1.5.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  13-1-119.1,
				  NMSA 1978 directs the secretary of the general services department, in
				  conjunction with the appropriate and affected professional associations and
				  contractors, to promulgate regulations which shall be adopted by the governing
				  bodies of all using agencies and, except for road and highway construction or
				  reconstruction projects of the state highway and transportation department or
				  any local public body, shall be followed by all using agencies when procuring a
				  design and build project delivery system.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 7 - DESIGN AND BUILD PROJECT DELIVERY SYSTEMS › Section 1.5.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 15, 1998 unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 7 - DESIGN AND BUILD PROJECT DELIVERY SYSTEMS › Section 1.5.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To ensure fair, uniform, clear, and effective procedures when
				  using agencies are procuring a design and build project delivery system and to
				  assist in the delivery of a quality project, on time and within
				  budget.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 7 - DESIGN AND BUILD PROJECT DELIVERY SYSTEMS › Section 1.5.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Design and build
				project delivery system" means a procurement process by which a using agency
				contracts with one firm who has responsibility for the design, construction and
				delivery of a project under a single contract with the using agency.
B. "Design and build team" or "firm" as the
				terms are used herein, are synonymous with one another and, within their broad
				definition mean any offeror, who may be a person, a legal entity, a consortium
				of experts, a joint venture, a team of persons who, through partnership,
				general or limited or other legal entity, corporation, association, other
				organizations, or any combination thereof, formally organized so that it may
				submit a qualified offer in response to a request for proposals and, as result,
				who may be considered for a contract award for a design and build project
				delivery system with a using agency. No distinction is made between formally
				organized design/build firms and a project-specific design/build
				firm.
C. "Determination" means the
				written documentation of a decision of a procurement officer, including
				findings of fact required to support a decision. A determination becomes part
				of the procurement file to which it pertains.
D. "Local public body" means every political
				subdivision of the state and the agencies, instrumentalities, and institutions
				thereof.
E. "Maximum allowable
				construction cost of more than ten million dollars" means a cost reasonably
				anticipated to exceed ten million dollars under a contract with a design and
				build team. Such allowable construction cost may include the estimated
				construction cost, the cost of design, gross receipts tax, utility connection
				fees, site development costs, built in equipment and furnishings, and a maximum
				contingency allowance of ten percent (10 %), but excludes the cost of land, the
				cost of financing, and the costs required to operate and conduct business in
				the facility.
F. "Project" means a
				construction project undertaken by a state agency or a local public
				body.
G. "State agency" means any
				department, commission, council, board, committee, institution, legislative
				body, agency, government corporation, educational institution, or official of
				the executive, legislative, or judicial branch of the government of this state.
				State agency includes the purchasing division of the general services
				department and the state purchasing agent, but does not include local public
				bodies. State agency also includes the property control division of the general
				services department.
H. "Using
				agency" means any state agency or local public body requiring services,
				construction, or items of tangible personal property.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 7 - DESIGN AND BUILD PROJECT DELIVERY SYSTEMS › Section 1.5.7.8 - DETERMINATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				design and build project delivery system, as defined in this rule, may be
				authorized when the state purchasing agent or a central purchasing office makes
				a determination in writing that it is appropriate and in the best interest of
				the state or local public body to use design and build on a specific project
				with a maximum allowable construction cost of more than ten million dollars
				($10,000,000.00).
B. The
				determination shall include consideration of the following criteria:
(1) the extent to which the project
				requirements have been, or can be, adequately defined;
(2) time constraints for delivery of the
				project;
(3) the capability,
				experience and availability of potential offerors familiar with the design and
				build process;
(4) the suitability
				of the project for use of the design and build process as concerns time,
				schedule, costs, and quality; and
(5) the capability of the using agency to
				manage the project, including experienced personnel or outside consultants, and
				to oversee the project with persons who are familiar with the design and build
				process.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 8 - CONSTRUCTION MANAGEMENT SERVICES › Section 1.5.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state agencies and local public bodies procuring
				  construction management services in accordance with the Procurement Code,
				  (Section
				  13-1-28
				  through Section
				  13-1-199
				  NMSA 1978).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 8 - CONSTRUCTION MANAGEMENT SERVICES › Section 1.5.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  13-1-100.1
				  NMSA 1978 directs the secretary of the general services department, in
				  conjunction with the appropriate and affected professional associations and
				  contractors, to promulgate regulations which shall be adopted by the governing
				  bodies of all using agencies and shall be followed by all using agencies when
				  procuring construction management services.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 8 - CONSTRUCTION MANAGEMENT SERVICES › Section 1.5.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 15, 1998 unless a later date is cited at the end of a
				  section or paragraph.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in
					 brackets.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 8 - CONSTRUCTION MANAGEMENT SERVICES › Section 1.5.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To insure fair, uniform, clear and effective procedures for
				  the utilization of construction management services to assist in the delivery
				  of a quality project for the owner, on time and within
				  budget.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 8 - CONSTRUCTION MANAGEMENT SERVICES › Section 1.5.8.8 - DISCUSSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. As used herein
				"construction management services" is given a broad and general meaning to
				describe a project delivery method that, for any duration from conception to
				completion of the construction project, applies appropriate management
				techniques to project planning, design and construction in order to control
				time and cost and assure quality for the project owner. Such overall services
				may include advisory consulting services, reviewing or preparing cost
				estimates, reviewing or suggesting program requirements or other similar
				functions. The program of services requested and applied to a particular
				project should be one which is appropriate to the size, type and complexity of
				the project and the needs of the using agency. The construction management
				process is most effective when employed from the beginning of the project,
				allowing the CM, the owner and the design professional(s) to identify and
				resolve issues of value and constructibility prior to the construction phase of
				the project.
B. Whereas in this
				rule, "construction manager" is more specific and applies to the necessary
				professional qualifications and experience of the "person" in order to meet the
				specified scope of work, goals and objectives as established by the using
				agency and set forth in a competitive solicitation. The construction manager's
				primary task is to represent the interests of the owner throughout all phases
				of the project.
C. When utilizing
				construction manager services for a construction project initiated by a state
				agency or local public, the responsible state agency or local public body
				rather than the construction manager assumes the risk and responsibility for
				the project.
D. Advisory consulting
				services such as cost estimating, reviewing, or suggesting program
				requirements, lighting and acoustical consulting and other special purpose
				services may be procured without meeting the specific requirements of these
				regulations.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 8 - CONSTRUCTION MANAGEMENT SERVICES › Section 1.5.8.9 - DETERMINATION REQUIRED

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				using agency may issue a solicitation, and enter into, a construction
				management services contract when the using agency first makes a determination
				that it is in the public's interest to utilize such services.
B. The determination shall include findings
				of fact to support the decision that:
(1) the
				construction management services would not duplicate, and would be in addition
				to the normal scope of separate architect or engineer contracts; and
(2) a detailed description of the complexity
				or unusual requirements of the project, prompting the need for construction
				management services.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 9 - PUBLIC FACILITY NAMING › Section 1.5.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  15-3B-1,
et. seq
., NMSA 1978 as amended.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 9 - PUBLIC FACILITY NAMING › Section 1.5.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 30, 2018 unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 9 - PUBLIC FACILITY NAMING › Section 1.5.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish a fair, uniform,
				  clear and effective process to develop a list of potential names for public
				  facilities and for the removal of names from public
				  facilities.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 9 - PUBLIC FACILITY NAMING › Section 1.5.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Department"
means the general services department.
B.
"Division"
means the
				facilities management division of the department.
C.
"Public facility"
means a
				building or other real property under the control of the division.
D.
"Secretary"
means the
				secretary of general services.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 9 - PUBLIC FACILITY NAMING › Section 1.5.9.8 - LIST DEVELOPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary shall follow the below prescribed procedure for
				  naming any public facility:
A. The
				secretary shall announce the department's intent to name a public facility on a
				publically available website.
B.
				The announcement shall identify the public facility to be named, solicit
				proposed names from interested parties, allow at least 15 days for the
				submission of names, and specify the submission method.
C. The secretary shall review the submitted
				names in consultation with the leadership of the agency or agencies that use
				the public facility and develop a list of name(s) to transmit to the governor
				for consideration.
D. The secretary
				shall submit this list to the governor no more than 15 days after the
				expiration of the submission deadline in the announcement.
E. If no proposed names are submitted to the
				department before the applicable deadline, the secretary may select a name and
				submit only this name to the governor.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 9 - PUBLIC FACILITY NAMING › Section 1.5.9.9 - FORMAL NAMING

Current through Register Vol. 35, No. 13, July 16, 2024
The governor may select a name from the list submitted by the
				  secretary in accordance with statute and issue a proclamation formally naming
				  the public facility. The governor may choose not to name the public facility or
				  may choose to request another list of names.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 9 - PUBLIC FACILITY NAMING › Section 1.5.9.10 - REMOVAL OF NAME

Current through Register Vol. 35, No. 13, July 16, 2024
A public facility shall not be named for a public officer or
				  other person who has been convicted of a felony. The division shall remove the
				  name from a public facility named for such person immediately upon conviction,
				  whether or not another name has been offered or approved for substitution and
				  renaming. The division shall remove the name within 10 days of the conviction
				  and notify the occupying agencies of the removal.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
General Services Department, Property Control
				  Division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this regulation is to establish procedures for
				  the management of buildings and land under the control of the property control
				  division of the general services department, including use of property by
				  non-state organizations or individuals, where the division is the
				  lessor.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is based on Section
				  15-3-2 A
				  (2) NMSA 1978, which provides for the director of the property control division
				  to regulate the use and occupancy of buildings and real property under his
				  control and make reasonable requirements for the continuation of that use or
				  occupancy and Section 15-3-14 NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 1986 [unless a later date is cited at the end of a
				  section.]
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The policy of this regulation is to insure that the public
				  and non-state agency governmental units have an equitable opportunity to obtain
				  the privilege to lease division buildings and land.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Agency"
means any unit of state government including, but not
				limited to boards, commissions, bureaus, agencies, councils, divisions and
				departments.
B.
"Director"
means the director of the property control division of
				the general services department, or his designee.
C.
"Division"
means the property
				control division of the general services department.
D.
"Premises"
means the real
				property under the control of the division and all improvements and structures
				thereon that is the subject of the regulation governing the use of such real
				property.
E.
"Request for
				proposals"
(RFP) means all documents, including those attached or
				incorporated by reference, used for soliciting proposals.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.8 - ORGANIZATIONS AFFECTED

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation affects the general public and all state
				  agencies using land and buildings under the control of the property control
				  division, general services department. This includes all executive state
				  departments, boards, commissions, councils, agencies and divisions of state
				  government.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 16 - LEASING REAL PROPERTY: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.16.9 - LEASE OF DIVISION REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Scope:
Use of division
				premises by a non-state government entity shall be by lease entered into
				pursuant to the procedures required in this regulation.
(1)
Exception:
Use of Premises
				pursuant to (1) a designation of use by the director pursuant to Section
				15-3-2 A
				NMSA 1978, or (2) the terms of a joint powers agreement (as defined in Section
				11-1-1
				through
				11-1-7
				NMSA 1978) with the director where such joint powers agreement, pursuant to the
				occupancy designation procedure required in Section
				15-3-2 A(1)
				and (2) NMSA 1978, (A) allows an agency the management powers over a premises
				and/or, (B) includes the agency's right to contractually require contractors
				with the agency to occupy such premises in performing services for the agency,
				and not as a lease of real property, are exempt from this regulation.
(2)
Exception:
This rule shall
				not apply to use of premises for charitable purposes as regulated by GSD
				86-503.
(3)
Employee
				housing:
Agency employees required to live on division premises as a
				condition of employment shall occupy such premises as their dwelling (A) under
				a contract of employment and such contract shall recite that the employee's
				compensation (salary) includes the fair market rental value of such dwelling;
				or, (B) pursuant to a lease, and such lease and the rent charged therein shall
				be approved by the state board of finance, provided however, that no RFP shall
				be required. Lessee selection shall be by the agency and approved by the
				director; or, (C) pursuant to a standard rental rate and lease, pre-approved by
				the state board of finance. Records of actual rentals shall be provided to the
				state board of finance and the director, giving rental period, amount of rent,
				name of Lessee and unit rented.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 17 - CLEAN INDOOR AIR REGULATION: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.17.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
General Services Department - Property Control
				  Division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 17 - CLEAN INDOOR AIR REGULATION: USE OF PROPERTY CONTROL DIVISION REAL PROPERTY › Section 1.5.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation affects all state agencies using buildings
				  under the control of property control division, general services department.
				  This includes all executive state departments, boards, commissions, councils,
				  agencies and divisions of state government.