reglab/statecodes huggingface dataset:
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 1.5.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is based on:
A. Section
				15-3-2
				A.(2) NMSA 1978, which provides that the director of the property control
				division regulate the use of the occupancy of buildings and real property under
				his control and make reasonable requirements for the continuation of that use
				or occupancy and Sections 15-3-25 through 15-3-28 NMSA 1978 regarding motor
				pool vehicles.
B. Section
				24-16-1
				through
				24-16-11 NMSA
				1978.
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 1.5.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Immediately, July 1, 1986 [filed July 10,
				  1986]
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 1.5.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Establish a policy on smoking in the general services
				  department and all property control division buildings. This regulation
				  constitutes the general services department's policy as required under Section
				  24-16-1
				  through
				  24-16-11 NMSA
				  1978.
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 1.5.17.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Act" means the
				"Clean Indoor Air Act, Sections
				24-16-1
				through
				24-16-11 NMSA
				1978.
B. "Agency" means any unit of
				state government including, but not limited to, boards, commissions, bureaus,
				agencies, councils, divisions and departments.
C. "Agency head" means the person having the
				highest authority within an agency, or his designee.
D. "Building services" means the building
				services division of the general services department.
E. "Department" means the general services
				department.
F. "Director" means the
				director of the property control division of the general services department,
				or his designee.
G. "Division"
				means the property control division of the general services
				department.
H. "Manager" means that
				person designated by the director as manager of a building used by more than
				one agency and that person designated as manager of a building by an agency
				head where the agency has sole use of that building.
I. "Premises" means the real property under
				the control of the division and all improvements and structures thereon that is
				the subject of the regulations governing the use of such real
				property.
J. "Smoking" or "smoke"
				means the carrying or holding of a lighted pipe, cigar or cigarette of any
				kind, or any other lighted smoking equipment or the lighting or emitting or
				exhaling or the smoke of a pipe, cigar or cigarette or any kind.
K. "User agency" means the agency assigned
				the use of division premises by the director, pursuant to Section
				15-3-2 A
				(1) and (2) NMSA 1978.
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 1.5.17.8 - POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
The policy of this regulation is to reduce the hazards of
				  smoking to both smokers and non-smokers by actively encouraging smokers to
				  stop, or at least reduce their smoking, and by providing non-smokers an
				  atmosphere free of the discomfort and hazards of smoke.
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 1.5.17.9 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scope: This
				regulation constitutes the written policy statement required by the act for all
				agencies using division premises or leasing real property pursuant to the terms
				of leases that must be approved by the division under the requirements of
				Section
				15-3-2 A
				NMSA 1978. Nothing in this regulation should be construed as prohibiting user
				agencies from establishing rules on smoking policy within and for such agencies
				where such agency rules explain, implement, or embellish the act or this
				regulation.
B. Designation of
				smoking permitted and non-smoking areas:
(1)
				The exterior signs: The director shall post signs on all public entrances of
				division buildings pursuant to Section
				24-16-8 NMSA
				1978, or designate a state agency occupying the building to post the required
				signs, pursuant to the procedures of Section 6.4 [now Subsection D of 1.5.17.9
				NMAC]. The exterior signs must be conspicuously posted on or near all public
				entrances. The signs shall either state "no smoking" or "no smoking except in
				designated areas." Such signs may be affixed to interior surfaces if the signs
				are readily visable from the exterior of the building.
(2) The interior signs: The director shall
				designate smoking-permitted areas in every enclosed indoor building area in
				division buildings or shall designate the entire building as a non-smoking
				area. Where smoking-designated areas exist in a building, the remainder of the
				building shall automatically be a non-smoking area. Whenever an agency is
				assigned a specific area of a division building by the director, the agency
				head shall make such designations.
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 1.5.17.10 - IMPLEMENTATION AND ENFORCEMENT OF RULES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The agency heads shall arrange seating in
				work areas and non-work areas to provide smoke-free areas, in compliance with
				the requirements of this regulation.
B. Agency heads shall:
(1) ask smokers to refrain from smoking on
				request of a client, employee or any other person asserting he is suffering
				from discomfort from the smoke;
(2)
				affirmatively direct smokers to smoking-permitted areas; and
(3) use existing physical barriers and
				ventilation systems to minimize the toxic effect of transient smoke in adjacent
				smoking areas.
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 1.5.17.11 - APPENDIXES

Current through Register Vol. 35, No. 13, July 16, 2024
A. "No smoking" sign.
Appendix
				A
B. "No smoking except
				in designated areas" sign.
Appendix
				B
C. "Smoking permitted"
				sign.
Appendix
				C
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 18 - ARCHITECT RATE SCHEDULE › Section 1.5.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Organizations affected - These regulations affect all state
				  agencies engaged in determining the maximum permissible architect rate for any
				  project.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 18 - ARCHITECT RATE SCHEDULE › Section 1.5.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
References - The regulations herein are based on the
				  following authority: Section
				  13-1-124,
				  NMSA 1978 (1984 Suppl), titled Chapter 13, Public Purchases and Property,"
				  requires that the secretary of the general services department adopt by
				  regulation an architect rate schedule which shall set the highest permissible
				  rates for each building-type group, which shall be defined in the regulations.
				  The rate schedule shall be in effect upon approval of the state board of
				  finance in compliance with state rules (14-3-24, 14-3-25, and
				  14-4-1
				  through
				  14-4-9,
				  NMSA 1978) and shall apply to all contracts between a state agency and an
				  architect which are executed after the effective date of the architect rate
				  schedule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 18 - ARCHITECT RATE SCHEDULE › Section 1.5.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Purpose - The purpose of this rule is to establish an
				  architect rate schedule which will define the maximum permissible rates payable
				  by any state agency to an architect for professional services rendered on any
				  state project.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 18 - ARCHITECT RATE SCHEDULE › Section 1.5.18.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of this rule, the following definitions shall
				  apply throughout the rule unless otherwise noted.
A. "State agency": any unit of state
				government including but not limited to boards, commissions, bureaus, agencies,
				councils, divisions, and departments as defined in Section
				13-1-90,
				NMSA 1978 (1984 Suppl). Also used as "agency" herein.
B. "Architect": a legal resident registered
				architect of New Mexico or a firm which employs a legal resident registered
				architect of New Mexico which has been selected and ranked pursuant to Sections
				13-1-118
				through
				13-1-122,
				NMSA 1978 (1984 Suppl) or other statutory authority.
C. "MACC": the maximum allowable construction
				cost, which is the total sum available for construction purposes, including
				furnishings and equipment, but excluding professional fees, owner's contingency
				funds, acquisition costs, and other costs which are the responsibility of the
				owner.
D. "MAR": maximum architect
				rate, which refers to the highest permissible fee or rate an architect may be
				paid for services rendered for a proposed state capital project.
E. "PCD": the property control division of
				the general services department, state of New Mexico.
F. "Owner": the state agency or entity that
				is empowered to enter into an agreement with the architect.
G. "Cost based": actual documented costs,
				including all profit and overhead arrived at by estimating the architect's
				estimated actual costs for the services required.
H. Other definitions. The remaining
				definitions of words or phrases used in this rule are as defined in Section
				13-1-124,
				NMSA 1978 (1984 Suppl).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 18 - ARCHITECT RATE SCHEDULE › Section 1.5.18.8 - POLICY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The policy of these
				regulation is to ensure one standard architect rate schedule and one process
				for establishing the maximum architect rate is applied by all state agencies to
				all contracts between agencies and architects per Section
				13-1-124,
				NMSA 1978 (1984 Suppl).
B. State
				board of finance approval required: This schedule shall be in effect upon
				approval of the state board of finance pursuant to the provisions of Section
				13-1-124,
				NMSA 1978 (1984 Suppl).
C.
				Architect selection process: Firms or individuals considered for all
				architectural, engineering, land surveying, and landscape design services which
				cost $15,000 or more shall be selected in conformance with the provisions of
				the architect, engineer, land surveyor and landscape architect selection
				process as defined in Sections
				13-1-118
				through
				13-1-124,
				NMSA 1978 (1984 Suppl).
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 18 - ARCHITECT RATE SCHEDULE › Section 1.5.18.9 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The schedule is
				applicable to all owner-architect agreements between a state agency and an
				architect and is based upon a percentage of the estimated construction cost for
				work which will be let on a stipulated-sum construction contract. The schedule
				establishes the highest permissible architect rate and is not to be mistaken as
				establishing the lower limit, average, or actual fee.
B. Included as basic services are
				programming, schematic design, design development, construction documents,
				assistance in bidding and negotiation, construction administration and
				post-construction services, all of which are further outlined in Sections 6.2.1
				through 6.2.7 [now Paragraphs (1) through (7) of this subsection]. This list
				does not necessarily correlate with the descriptions or numbering of the
				architect's basic services as described in an agency's owner-architect
				agreement but do provide the general description of basic services. If the
				maximum architectural fee is allowed, pursuant to the rate schedule appendix
				"A" herein, all of the basic services listed in Section 6.2.1 through 6.2.7
				[now Paragraphs (1) through (7) of this subsection] of these rules shall be
				provided. If any of the basic services listed in 6.2.1 through 6.2.7 [now
				Paragraphs (1) through (7) of this subsection] are not included in the
				architectural services, other factors, as specified in these rules, shall be
				present before the owner may award the maximum allowable architectural rate.
(1) Programming phase - programming phase
				services
(a) project administration
(b) owner-supplied data
				coordination
(c) establishment of
				program goals and needs
(e)
				determination of space area requirements
(f) establishment of space
				relationships
(g) site analysis for
				building location
(h) site utility
				studies and reports
(i) obtaining
				licensing agencies' or other regulatory entities' consultation/review
(j) project budgeting
(k) presentation(s) to owner
(l) obtaining approval of programming
				documents from owner
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All executive branch agencies except the state land
				  office.
A.
General
				applicability
. This rule applies to all leases and rentals of space in
				public and private buildings, for periods exceeding ninety (90) days, by state
				executive agencies other than the state land office.
B.
Land leases
: Leases of vacant
				land and leases of parking space only are not covered by this rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  15-3-2 NMSA
				  1978, enacted by Laws 1968, Chapter 43, Section 2 and amended in subsequent
				  years thereafter, requires the Property Control Director to control the lease
				  or rental of space in private buildings and applies to all state executive
				  agencies other than the land office. (1978 Comp., Section
				  15-3-2;
				  1953 Comp., Section 6-2-26; enacted by Laws 1968, Chapter 43, Section 2;
				  amended by Laws 1971, Chapter 285, Section 2; Laws 1973, Chapter 209, Section
				  1; Laws 1977, Chapter 247, Section 69; Laws 1977, Chapter 385; Section 14; Laws
				  1978, Chapter 166, Section 14; and Laws 1980, Chapter 151, Section
				  16.)
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1998 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 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.6 - 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 regulate leasing property owned by private
				  entities as office space or special use facilities for state executive agencies
				  under jurisdiction of the property control division.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.8 - PROPERTY CONTROL DIVISION RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Adequacy of existing state
				facilities:
The PCD director shall determine whether existing state
				facilities are adequate for an agency's needs before an agency is allowed to
				lease from any other governmental entity or the private sector.
B.
Lease agreements:
The PCD
				director shall have final approval of all the leases, lease amendments, lease
				extensions, exercise of options-to-renew and all other agreements subject to
				this rule. No such agreement shall be valid or binding on the state of New
				Mexico or any of its agencies unless it is in writing, signed by the
				appropriate parties and approved in writing by the PCD director. The PCD
				director's signature shall not signify that PCD is a party to an agreement, but
				only that PCD has authorized, approved, and validated the agreement in
				compliance with statute and this rule.
C.
Director's designee:
The PCD
				director may assign a designee to act on his or her behalf in carrying out his
				or her duties under this rule. Any such designation shall be in
				writing.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.9 - COMMENCEMENT OF LEASE PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Competitive sealed proposals:
Except to the extent that this rule
				conflicts with the Procurement Code and except for leases excluded by this rule
				from the requirement of solicitation through competitive sealed proposals, all
				leases shall be solicited in accordance with the Procurement Code and
				applicable GSD regulations.
B.
PCD notice to agency:
Approximately one year prior to the
				expiration of an existing lease, PCD will notify an agency that its lease is
				due to expire and will direct the agency to perform procedures required by this
				rule.
C.
Drafting the
				RFP:
The agency shall initiate the lease process for office or warehouse
				space by submitting a space needs questionnaire (GSD form) to PCD. PCD will
				prepare the RFP draft to be considered by the selection committee. For new
				leases, the agency should begin the RFP process six (6) to eighteen (18) months
				prior to occupancy, depending on the size of the facility.
D.
Selection committee:
The
				selection committee is chaired by a PCD staff person, who shall guide the RFP
				process to conform with this rule, provide lease process expertise to the
				agency members, and vote in the case of a tie. The selection committee will
				remain in effect until a lease is signed and the performance bond is returned
				to the lessor.
E.
Agency cost
				ceiling
(GSD form): The agency shall submit its agency cost ceiling, as
				defined in 1 NMAC 5.21.7.2 [now Subsection B of 1.5.21.7 NMAC], on the proper
				GSD form to PCD at the same time it submits its space needs questionnaire.
				Thereafter, if the agency changes its cost ceiling for any reason, the agency
				shall notify PCD immediately using the proper GSD form.
F.
RFP review:
PCD will review
				an agency's proposed RFP and will require changes when the RFP is prepared
				incorrectly. PCD will return the proposed RFP to the agency for
				revisions.
G.
RFP
				approval:
PCD will review the selection committee's recommendations and
				return the final approved RFP to the agency.
H.
Bid bond:
A bid bond is bid
				security in the dollar amount of five percent (5%) of the agency cost ceiling,
				not to exceed $2,000. Submittal of a bid bond is required with submittal of the
				lease proposal form. Form and sufficiency of the bid bond is subject to PCD
				approval.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.11 - EVALUATION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Mandatory requirements:
PCD shall review proposals to ensure all
				mandatory requirements are met, and will forward all responsive proposals to
				the selection committee for evaluation.
B.
Evaluation criteria:
The RFP
				will contain and describe all evaluation criteria, and at least the following
				standard criteria: "cost", "utilities", "lease term", "geographic preference",
				and "quality of lease space". It may contain "other needs" and/or "proposal
				incentives", which must be defined specific to that RFP. Geographic preference
				must contain a statement showing how the specifics of this criteria are
				relevant to the service delivery requirements of the user agency.
C.
Evaluation points:
Each RFP
				will contain a total of 100 points. PCD will assign at least 80 points for the
				evaluation criteria, and the agency may choose to assign up to 20 points to the
				standard criteria, or to "other needs" and/or "proposal incentives".
D.
Evaluation:
The selection
				committee shall evaluate each proposal, taking into consideration the criteria
				set forth in the RFP. The committee shall conduct on-site inspections and
				interviews with each offeror who submits a responsive proposal as part of its
				evaluation. The committee may request clarification from any or all offerors.
				All clarifications shall be requested and submitted in writing to the selection
				committee, within deadlines set by the committee. The director may waive, in
				writing, any irregularity based on written proof that the irregularity is
				technical in nature.
E.
Ranking:
After the selection committee has completed on-site
				inspections and received any clarifications requested, the committee shall rank
				proposals based upon the evaluation points in the RFP.
F.
Ranking report:
The selection
				committee shall submit the results of the ranking in a report to PCD. The
				report shall include the following information and attachments:
(1)
Information:
(a) names of selection committee
				members;
(b) copies of any
				amendments to the RFP;
(c) name of
				each offeror;
(d) address of each
				proposed facility, including suite and/or floor number;
(e) usable square footage of each
				facility;
(f) leasable square
				footage of each facility;
(g)
				annual and total term cost of each facility;
(h) lease term;
(i) agency cost ceiling amount;
(j) description of the review process,
				including any clarifications, and the rating process;
(k) a certification that the selected
				facility meets the agency's space needs; and
(l) a justification for the
				recommendation.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.12 - EXEMPTIONS FROM COMPETITIVE SEALED PROPOSAL PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The types of leases
				that are listed in this section are exempt from the competitive sealed proposal
				process. They are not exempt, however, from building code or accessibility
				requirements.
B.
Storage
				leases:
The agency is not required to solicit competitive sealed
				proposals for storage leases. The agency shall attempt to receive a minimum of
				three (3) written quotations and shall submit the following information for
				each quotation along with the proposed lease, for PCD's approval:
(1) agency cost ceiling form (GSD
				form);
(2) proposed lessor's
				name;
(3) address of
				facility;
(4) size of
				facility;
(5) cost of facility per
				month or year;
(6) lease term;
				and
(7) recommendation and
				justification by the agency.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.13 - RECORD DRAWINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Submittal to PCD:
After the selection committee has notified each
				offeror of its ranking in accordance with 1 NMAC 5.21.11.9 [now Subsection I of
				1.5.21.11 NMAC], the first ranked offeror shall develop record drawings for
				review by PCD. Prior to the submittal, the selection committee may meet with
				the offeror or the architect to develop a partial layout which best meets its
				needs. If after ninety (90) calendar days the offeror has failed to provide
				record drawings, the proposal shall be deemed nonresponsive. In that event, the
				selection committee shall proceed to the second-ranked offeror or recommend
				cancellation of the RFP.
B.
PCD review:
PCD shall review record drawings with respect to
				layout, applicable codes, accessibility standards and general compliance with
				the RFP. If the selection committee, an offeror or architect chooses, he or she
				may request a meeting with PCD's plan review staff to review drawing contents
				and required graphic information. PCD may make recommendations as
				necessary.
C.
Insufficient
				for review:
Record drawings which are insufficient for review shall be
				returned to the selection committee along with any pertinent information the
				agency should provide to the offeror or architect. The offeror shall resubmit
				the revised drawings within thirty (30) calendar days of receipt of the
				insufficient drawings, or the proposal shall be deemed nonresponsive.
D.
Disapproval:
(1) If record drawings do not comply with
				applicable codes or accessibility standards, PCD will disapprove them and
				return them to the selection committee. The selection committee must then
				decide on one of the following courses of action:
(a) continue considering the first-ranked
				proposal;
(b) deem the first-ranked
				proposal nonresponsive and request the second-ranked offeror to develop record
				drawings; or
(c) recommend PCD
				cancel the RFP.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.14 - FINAL APPROVAL AND PROCESSING OF LEASE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
PCD authorization to enter
				lease:
PCD shall give written authorization to the agency to proceed to
				enter into a lease before the agency may enter into a lease
				agreement.
B.
Lease:
(1) After receiving written authorization to
				enter into a lease, the agency shall complete three (3) originally-signed
				standard New Mexico lease of real property forms (GSD forms) and submit them to
				PCD for review and approval. Each lease shall include, as a minimum, the
				following attachments:
(a) RFP and amendments
				to the RFP;
(b) proposed lessor's
				proposal and any clarifications or certifications;
(c) certificate of insurance;
(d) approved record drawings; and
(e) performance bond.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.15 - LEASE TERM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum:
No minimum lease term is required. Leases for less than
				ninety (90) days are exempted from this rule.
B.
Maximum:
PCD will not approve
				any lease which exceeds a total term of twenty (20) years, including all
				options-to-renew (examples of acceptable terms are ten (10) years with one
				ten-year (10) option, or twenty years with no option).
C.
Options to purchase:
Any
				proposal which includes an option to purchase shall be deemed nonresponsive and
				shall be rejected.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.16 - LEASE AMENDMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
Any lease may be amended, except as described
				below.
B.
Limitations:
No lease may be amended
(1) to increase the
				usable square footage by more than
(a) fifty
				percent (50%) for leases greater than 5,000 usable square feet;
(b) sixty percent (60%) for leases less than
				5,000 but greater than 1,000 usable square feet: or
(c) seventy-five percent (75%) for leases
				less than 1,000 usable square feet.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.17 - MONTH-TO-MONTH TENANCIES AND OPTIONS-TO-RENEW

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Month-to-month tenancies:
Whenever the agency requires a month-to month tenancy because the agency is
				unable to complete the RFP process in a timely manner, the agency shall request
				and receive written approval for a month-to-month tenancy from PCD.
Term:
No month-to-month tenancy shall exceed six (6) months from
				the date of expiration of a lease without the agency beginning the RFP process,
				unless the agency has submitted and PCD has approved a written
				justification.
B.
Options-to-renew:
The agency with an option-to-renew in its lease
				may renew the lease upon approval by PCD which may include building code
				compliance and accessibility. If PCD disapproves a building for failure to meet
				any requirement, the agency shall solicit proposals as required by this rule.
(1)
Requests:
In order to
				exercise an option-to-renew, the agency shall submit a written request to PCD
				which certifies that the existing lease continues to meet the requirements of
				the agency. Approved record drawings shall be submitted if they are not on file
				with PCD.
(2)
Time
				frame:
The agency shall submit a written request to PCD six (6) months
				prior to expiration of the lease for review of the request.
(3)
Approval:
Upon approval by
				the PCD director, an agency shall notify the lessor at least thirty (30) days
				prior to the expiration of its lease that the agency is exercising its
				option-to-renew.
(4)
Insurance:
When the agency exercises an option-to-renew, the
				lessor shall submit an updated certificate of insurance to PCD.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.18 - INSURANCE AND INDEMNIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Insurance provisions:
All
				leases between the agency and a private lessor shall contain insurance
				provisions that have been approved by GSD's risk management division.
B.
Indemnification:
No lease
				governed by this rule shall contain any provision whereby the agency agrees to
				defend, indemnify or provide tort liability insurance for any lessor.
C.
Lease provisions void:
Any
				insurance or indemnification provision in any lease executed in violation of
				this section shall be void and of no effect.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.19 - OCCUPANCY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Agency on-site
				lease monitor:
Upon occupancy, the agency shall designate an employee as
				the agency on-site lease monitor. The agency on-site lease monitor shall be the
				local liaison with PCD and shall be responsible for at least the following:
(1) compliance of lease terms;
(2) maintenance and janitorial
				agreements;
(3) internal employee
				complaints;
(4) monthly
				inspections; and
(5) maintenance of
				records of correspondence.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.20 - EARLY TERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Agency request:
An agency that wishes to terminate a lease before
				the end of the lease term shall make a written request to PCD. The request
				shall include copies of all correspondence and documents which relate to the
				matter.
B.
PCD
				approval:
The PCD director shall have final approval of any early lease
				termination by the agency. No early lease termination shall be effective unless
				it has been approved by the PCD director, and no approval shall be effective
				unless it is in writing.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.21 - FAILURE TO COMPLY WITH THIS RULE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Agency:
If the agency fails
				to comply with this rule, PCD may reject and disapprove a proposed lease until
				the rule has been followed properly.
B.
Firm:
Any business, whether
				an individual or firm, that violates any provision of this rule or violates the
				provisions of a lease may be suspended or debarred in accordance with Sections
				13-1-177
				through
				13-1-180
				and
				13-1-183 NMSA
				1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.22 - WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authorized
				waivers:
The PCD director may grant full or partial waivers, in writing,
				of any section or provision of this rule, except as noted in 1 NMAC 5.21.22.3
				[now Subsection C of 1.5.21.22 NMAC], when the agency certifies, in writing,
				that an emergency condition exists. When an agency certifies to an emergency
				condition, it must include a written description of what the emergency is and
				why it is recommending a waiver. An emergency condition is one that creates an
				immediate and serious need that cannot be met through normal leasing methods
				and that would seriously threaten:
(1) the
				functioning of government;
(2) the
				preservation or protection of property; or
(3) the health and safety of any person.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.23 - STANDARD GSD FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
PCD will develop and adopt standard forms for use in the
				  lease process. PCD will provide each agency a copy of these forms as they are
				  adopted. Standard forms shall be utilized by an agency during the lease
				  process, unless written approval is given by PCD to modify a
				  form.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.24 - MAILING LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Method:
Any potential offeror may submit an application (GSD form)
				to GSD's state purchasing division for placement on the public notice mailing
				list. The state purchasing division sends all potential offerors who are on the
				mailing list copies of the public notice for all RFP's issued in the counties
				for which they have applied.
B.
Fee:
GSD's state purchasing division charges for each application
				at the rates established by that office.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 21 - STATE AGENCIES LEASING REAL PROPERTY › Section 1.5.21.25 - PROPERTY CONTROL DIVISION FEE SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
PCD charges by the page for copies of GSD rules, documents,
				  forms, drawings, lease inventory, and other printed material associated with
				  this rule. The charge shall be based on a fee schedule issued by PCD and based
				  on costs to PCD.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.1 - 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 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation affects all agencies and all non-state
				  government organizations and individuals using land and buildings under the
				  control of the property control division, general services department. Affected
				  agencies include 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 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is based on: Section
				  15-3-2 A
				  (1) and (2) NMSA 1978, which provides for the director of the property control
				  division to assign and regulate the use and the occupancy of buildings and real
				  property under his control and make reasonable requirements for the
				  continuation of that use or occupancy.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
[Permanent]
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Effective: Immediately July 1, 1986 [filed July 10,
				  1986]
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of this
				regulation is to establish procedures for the management of land and buildings
				under the control of the property control division of the general services
				department, including use of property by non-state government organizations or
				individuals.
B. The policy of these
				regulations is to insure that the public has an equitable opportunity to obtain
				the right to use division premises for charitable purposes while protecting
				agencies from the disruption of their work by such activities; to protect the
				public from uninsured sales related to such activities; and to prevent
				interference with government services to the public by the uncontrolled use of
				division premises.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.7 - 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. "Agency head" means the person having the
				highest authority within an agency or his designee.
C. "Charitable Organizations and
				Solicitations Act" (the Act") means Sections
				57-22-1
				through
				57-22-11
				NMSA 1978.
D. "Charitable purpose"
				means any purpose for which a charitable organization has been established to
				directly promote the well-being of the public at large or the benefit of an
				indefinite number of persons and may not result in any profit to the non-profit
				organization.
E. "Director" means
				the director of the property control division of the general services
				department or his designee.
F.
				"Division" means the property control division of the general services
				department.
G. "Non-profit
				organizations" for purposes of this regulation, means all individuals and
				organizations, whether incorporated or not, that conduct activities for
				charitable purposes.
H. "Premises"
				means the real property under the control of the division and all improvements
				and structures thereon. Premises include all real property leased pursuant to
				Section
				15-3-2 A
				(5) NMSA 1978.
I. "Professional
				fundraiser" means any individual, corporation, association, or other entity who
				for financial or other consideration, solicits contributions for, or on behalf
				of, a charitable organization, either personally or through agents or employees
				specifically employed for that purpose. The following shall not be deemed to be
				a professional fundraiser by reason of the activities listed:
(1) an attorney, investment counselor, or
				banker, who advises any person to make a contribution to a charitable
				organization, if he does not otherwise perform the functions of a professional
				fundraiser; or
(2) a bona fide
				salaried officer or employee of a charitable organization which maintains a
				permanent office in the state.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.8 - PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Scope:
(1) Use of division premises for short term
				(thirty (30) days or less) charitable purposes, by non-profit organizations,
				shall not be subject to the provisions provided in GSD Rules on Concession
				Sales (GSD 86-505) or GSD rules on leasing (GSD 86-504) [now 1.5.16 NMAC] but
				shall follow the requirements set forth hereafter. Use of premises may include
				advertising or promotional activities for charitable purposes to the extent
				specifically authorized by the director.
(2) The provisions of this regulation shall
				apply to use of premises designated through joint powers agreements entered
				into by the division, wherein control of such premises is designated with an
				agency other than the division and to premises under lease pursuant to division
				regulation GSD 86-504 [now 1.5.16 NMAC].
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 22 - CHARITABLE USE OF REAL PROPERTY REGULATION: USE OF PROPERTY CONTROL DIVISION, REQUIREMENTS FOR CHARITABLE USE OF REAL PROPERTY › Section 1.5.22.9 - APPENDIX

Current through Register Vol. 35, No. 13, July 16, 2024
Application Form: Charitable use of Property Control Division
				  Land and Buildings.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
State Board of Finance, 181 Bataan Memorial Building, Santa
				  Fe, NM.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Any transfer of funds, capital outlay project, or
				  acquisition, donation to, or purchase, sale, trade or lease or other
				  disposition of real property by public bodies that by law requires state board
				  of finance approval, except as otherwise indicated, or unless already addressed
				  in a separate board rule.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT › Part 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 14, 2001, 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 23 - REAL PROPERTY ACQUISITIONS, SALES, TRADES, OR LEASES › Section 1.5.23.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule provides general guidance regarding the financial
				  and legal requirements for state board of finance approval of certain real
				  property transactions as required by state statute. This rule is not applicable
				  to the acquisition of real estate by Article XII, Section 11 educational
				  institutions, whose expenditures regarding acquisitions are governed by a
				  separate board rule. The rule is intended to benefit the state and its agencies
				  and political subdivisions in their real property dealings by describing which
				  transactions require state board of finance approval and listing materials that
				  must be submitted to the state board of finance for approval. State board of
				  finance approval is based solely on information provided by the public body.
				  The state board of finance has no duty to independently investigate, and does
				  not independently investigate, the merits and risks involved in the real
				  property transaction.