New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 25 - STATE AGENCIES LEASE-PURCHASING OF REAL PROPERTY › Section 1.5.25.7 - 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-purchase space.
B.
"Agency 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 lease-purchase process to
				act on behalf of the agency as the sole contact for information from and about
				the agency during the process.
C.
"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.
D.
"BOMA method"
means the
				current, industry standard methodology for calculating usable square footage
				(by the building owners and managers association).
E.
"Desirable"
means the terms
				"may", "can", "should", "preferably", or "prefers" identify a desirable or
				discretionary item or factor (as opposed to "mandatory").
F.
"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.
G.
"Evaluation committee"
means
				a body appointed by the property control division director to evaluate
				proposals and make selection recommendation and or selection. The evaluation
				committee consists of at least three members. The committee should collectively
				possess expertise in the technical requirements of the project, design,
				construction, leasing, and contracting. The committee may use independent
				consultants or agents to support the committee, provided appropriate
				precautions are taken to avoid potential conflicts of interest. The PCD staff
				architect or designee serves as staff to the evaluation committee.
H.
"Facilities"
means buildings
				and the appurtenances and improvements associated with them, including the real
				property upon which a building is constructed; suitable parking for use of the
				building; utilities, access roads and other infrastructure; and related real
				estate. "Facilities" can also mean undeveloped real estate that is transferred
				or leased with the intent that a new building or improvement be constructed
				thereon.
I.
"General services
				department (GSD)"
means the cabinet agency established in Chapter 9,
				Article 17 NMSA 1978.
J.
"Leasable square feet (LSF)"
means usable area, plus interior
				office circulation, plus prorated common space, if applicable, which is what
				the overall lease-purchase payments are based on and which defines the purchase
				boundaries.
K.
"Lease-purchase document"
means the standard New Mexico lease-purchase
				of real property form provided by PCD.
L.
"Lease-purchase agreement"
means a financing agreement for the leasing of facilities by the state or a
				state agency from a public or private entity with a option to purchase the
				leasehold property for a price that is reduced according to the payments made
				pursuant to the financing agreement.
M.
"Leasehold property"
means
				facilities that are subject to a lease-purchase agreement.
N.
"Lease revenues"
means the
				amounts payable pursuant to a lease-purchase agreement.
O.
"Mandatory"
means 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.
P.
"Performance
				bond"
means a bond required of the successful offeror to ensure
				conformation of space required by the lease-purchase agreement is successfully
				completed. The performance bond is returned when the lease-purchase space is
				approved and accepted for occupancy.
Q.
"Principal individual owners"
means all majority stockholders, members of board of directors, officers and
				partners.
R.
"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-purchase of space in buildings by state
				executive agencies other than the state land office.
S.
"Request for Proposal" (RFP)
means all documents, including those attached or incorporated by reference,
				used for soliciting proposals.
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.