New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 12 - INFORMATION TECHNOLOGY › Part 21 - GRANT PROGRAM RULES › Section 1.12.21.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
These rules are subject to all applicable statutory
				  definitions in Section
				  63-9K-2 NMSA 1978 and in Section
				  9-27-3 NMSA 1978, and to these
				  supplemental definitions:
A.
"Application"
means the compilation of information and materials
				that comprise a formal request to receive an award.
B.
"Assistance grant program"
means a grant award process that does not require a merit process.
C.
"Award"
means the
				appropriation of funds to a grantee under the terms of an award
				agreement.
D.
"Award
				agreement"
means the documentation that governs the terms and conditions
				of an award.
E.
"Constructive
				notice"
means that notice of an action or event was sent to a person, or
				published to an audience that included the person, as required by these rules,
				even if the person did not actually read the notice.
F.
"Contract"
means any type of
				agreement, regardless of what it may be called, where the principal purpose is
				to acquire services or materials, or a combination of these.
G.
"Contracting"
means the
				process of procurement and negotiation that results in a contract.
H.
"Contractor"
means a person
				who agrees to provide goods or services pursuant to the terms of a
				Contract.
I.
"Council"
means the connect New Mexico council established by Section
				63-9K-3 NMSA 1978.
J.
"Director"
means the director
				of the office of broadband access and expansion.
K.
"DoIT"
means the New Mexico
				department of information technology and, as applicable, its staff and
				contractors.
L.
"DoIT's law
				clerk"
means any person identified as such by the secretary, the
				designee of any such person, or the designee of the Secretary.
M.
"Eligible entities"
means
				those entities specified in a NOFO as required or acceptable
				grantees.
N.
"Eligible
				project area"
means those geographic boundaries, or other criteria that
				delineate eligible project boundaries, specified in a NOFO or funding source as
				locations for the expenditure of program funds.
O.
"Fund"
means the connect New
				Mexico fund established by Section
				63-9K-6 NMSA 1978.
P.
"Funding source"
means the
				appropriation, grant, donation or other commitment to provide funding for a
				grant program and that specifies funding conditions.
Q.
"Grant"
means a commitment by
				a public body to provide funding to a grantee or subrecipient, pursuant to an
				award agreement, to accomplish a purpose authorized by law as described in the
				award agreement.
R.
"Grantee"
means any person who or entity that receives an
				award.
S.
"Last mile
				infrastructure"
means a network for which the predominant purpose is to
				provide broadband service to end-users (e.g., homes, businesses, community
				institutions).
T.
"Middle
				mile infrastructure"
means a network for which the predominant purpose
				involves connecting a last-mile network to a regional or national Internet
				backbone to enable transport of local traffic to the public internet; services
				may include interoffice transport, carrier-neutral internet exchange
				facilities, transport connectivity to data centers, lit service transport,
				leased dark fiber, and other similar services.
U.
"Matching contributions"
means a monetary, non-monetary, or a combination of these that a grantee is
				required to contribute to a project to receive an award.
V.
"Merit based grant program"
means a grant funding opportunity that requires a merit process.
W.
"Merit process"
means
				collecting information through an application, assessing each application on
				the basis of evaluation factors, and determining whether the application merits
				funding according to the established criteria and based on available
				funds.
X.
"Notice of funding
				opportunity (NOFO)"
means an announcement of grant funding availability
				that provides information about the authorizing legislation, program purpose,
				program eligibility factors, allowable expenditures, match requirements, key
				performance requirements, evaluation criteria and compliance
				requirements.
Y.
"Office of
				broadband access and expansion"
and
"OBAE"
mean the office
				as established by the "Broadband Access and Expansion Act" Section 63-9J NMSA
				1978.
Z.
"Pass through entity
				(PTE)"
means the grantee of an award who uses the award funds to support
				a subsequent program. If a state agency is the grantee of an award that will be
				subsequently awarded to one or more subrecipients, that entity shall be a PTE
				with respect to that grant award.
AA.
"Procurement code"
means the
				New Mexico Procurement Code, Sections
				13-1-1 et seq. NMSA 1978
BB.
"Project"
means the
				deliverables promised by a grantee pursuant to the terms of an
				agreement.
CC.
"Program"
means the set of requirements and processes pursuant to
				which a specified amount of funding is allocated to accomplish specified
				objectives through one or more grant awards.
DD.
"Program administrator"
means a person authorized by a sponsoring body to manage a program and make
				written determinations within authorized limits.
EE.
"Secretary"
means the
				confirmed or acting cabinet secretary for DoIT, or the secretary's lawful
				designee.
FF.
"Sponsoring
				body"
means the public body subject to these rules that develops and
				administers a program, either as original grantor or as a pass through
				entity.