reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 21, 2022 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish the procedures state
				  agencies must follow and the requirements state agencies must meet in drafting,
				  entering into, and seeking approval of professional services contracts. These
				  procedures ensure compliance with Sections
				  6-5-3,
				  6-5-6,
				  13-1-118
				  and
				  13-1-125 NMSA
				  1978 as amended.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.8 - DELEGATION OF APPROVAL AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The bureau shall review all contracts and
				contract amendments for professional services with state agencies as to form
				and budgetary requirements.
B. The
				bureau shall consult with the department's legal counsel as needed regarding
				any issues of legal sufficiency of a state agency's contracts and contract
				amendments for professional services.
C. The GSD secretary shall delegate, in
				writing to certain members of the bureau, the authority to approve professional
				services contracts which result in expenditures greater than five thousand
				dollars ($5,000), including gross receipts tax, and all amendments to those
				contracts except retroactive approval to contracts and contract amendments and
				sole source contracts and amendments to sole source contracts as provided
				herein.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.9 - FORM AND SUBMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				contracts and subsequent amendments shall be in a form and contain such
				provisions and signatures as required by the bureau, including but not limited
				to, a scope of work consistent with the request for proposals issued by the
				state agency if the contract was procured by a request for proposals and
				performance measures when required and as defined by and in accordance with the
				Accountability in Government Act, Sections
				6-3A-1 through
				6-3A-9 NMSA
				1978 and subsequent amendments.
B.
				All contracts and amendments shall:
(1) be
				accompanied by a contract brief being in such form and containing such
				information as may be required by the bureau;
(2) be accompanied by a document prescribed
				by the financial control division of the department of finance and
				administration showing that funds have been encumbered to the full extent of
				the contract, including any amendments to that contract; if the contract term
				includes more than one fiscal year, the contract must be accompanied by an
				encumbrance for the current fiscal year amount or, up to the total amount of
				the current appropriation available for that contract;
(3) be accompanied by a written request for
				approval from the secretary of the contracting state agency or designee if the
				contract is subject to Paragraph (1) of Subsection C of 1.4.10.10 NMAC of this
				rule; and
(4) comply with New
				Mexico law regarding indemnification and insurance.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.10 - REVIEW PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. State
				agencies must submit to the bureau for review:
(1) sole source contracts;
(2) amendments to sole source
				contracts;
(3) retroactive approval
				to contracts; and
(4) retroactive
				approval to contract amendments.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.11 - SMALL PURCHASES

Current through Register Vol. 35, No. 13, July 16, 2024
A contract for professional services having a value over five
				  thousand dollars ($5,000) excluding applicable gross receipts taxes, but not
				  exceeding the amount set forth in Section
				  13-1-125 NMSA
				  1978 except for the services of architects, landscape architects engineers, or
				  surveyors for state public works projects, may be procured in accordance with
				  the Procurement Code, Sections
				  13-1-28 to
				  13-1-199
				  NMSA 1978.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.12 - SOLE SOURCE CONTRACT OR AMENDMENT TO SOLE SOURCE CONTRACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. A contract may be awarded without
				competitive sealed proposals, regardless of the estimated cost, when a central
				purchasing office of a contracting state agency makes a written determination,
				signed by the secretary of the contracting state agency or designee, which
				states that a good-faith review of available sources has been conducted and
				that there is only one source for the required professional services. The
				written determination and the dollar amount of the contract shall be submitted
				to the bureau for review and approval by the GSD secretary or designee and
				shall include the following information:
(1)
				a detailed, sufficient explanation of the reasons, qualifications, proprietary
				rights, or unique capabilities that make the prospective contractor a sole
				source;
(2) an explanation of the
				criteria developed and specified by the state agency as necessary to perform
				the contract and upon which the state agency reviewed available
				sources;
(3) a description of the
				procedures used by the state agency in conducting a good faith review of
				available sources, including without limitation, a narrative description of all
				steps taken by the state agency as evidence of the good-faith review
				performance such as:
(a) researching trade
				publications and industry newsletters;
(b) reviewing telephone books or other
				advertisements;
(c) reviewing
				current contract(s);
(d) contacting
				similar service providers; and
(e)
				reviewing the state purchasing agents vendor list; and.
(4) a list of all businesses contacted and an
				explanation of why those businesses could not perform the contract, or a
				reasonable explanation of why the state agency has determined that no
				businesses, besides the prospective contractor, exist.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.13 - RETROACTIVE APPROVAL FOR A CONTRACT OR CONTRACT AMENDMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The Procurement Code, Section
				13-1-102,
				NMSA 1978, as amended, requires that all non-exempt procurement (Section
				13-1-98
				NMSA 1978) by state agencies shall be achieved by competitive sealed bids or
				competitive sealed proposals except for small purchases, sole source
				procurements, emergency procurements, existing contracts and procurements from
				antipoverty program business. For professional services, the proposal and
				procurement process are not complete until a written contract or contract
				amendment is signed by the agency and the contractor and any other signatory
				required by the bureau, and is approved by the bureau through the GSD secretary
				or designee.
B. For retroactive
				approval of contracts and contract amendments which fulfill all of the
				requirements of this rule and the Procurement Code, GSD will approve the date
				requested in writing by the agency on the brief accompanying the document as
				long as the requested approval date is within thirty days of the first day of
				each fiscal year.
C. For
				retroactive approval of contracts and contract amendments apart from the
				approval given pursuant to the provisions 1.4.10.13 NMAC of this rule, GSD may
				grant additional retroactive approval to a contract or contract amendment,
				based upon rare and exceptional circumstances, where all of the following
				conditions are met:
(1) the professional
				services performed without GSD's prior approval of the contract did not occur
				as the result of repeated agency mistakes or willful misconduct;
(2) the failure to obtain GSD's retroactive
				approval will prevent the state agency from fulfilling its statutory
				obligations;
(3) the state agency
				provides to GSD a written, factual, detailed explanation of the matters
				described in Paragraphs (1) and (2) of Subsection C of 1.4.10.13 NMAC,
				certified to be true by signature of the head of the state agency;
(4) the state agency requested, through a
				public officer or employee with authority to make such a request, the
				contractor to perform professional services that were then actually performed
				by the contractor in good faith reliance that it would be paid for those
				professional services.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.14 - EMERGENCY PROCUREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
An emergency procurement of professional services may be made
				  under the conditions provided in the Procurement Code. Records of any emergency
				  procurement of professional services, including the written determination of
				  the basis for the emergency procurement being relied on by the state agency as
				  justification for the emergency procurement, shall be maintained by the state
				  agency for a minimum of three years and shall be made available by the state
				  agency to the financial control division upon request.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.15 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
State agencies must comply with federal and state statutes,
				  rules, regulations and policies and shall have their state agency's legal
				  counsel review all contracts and contract amendments certifying in writing that
				  they are legally sufficient prior to submission to the bureau. Wrongful or
				  mistaken approval by the bureau shall not be a defense to an action brought by
				  or against the state agency on a contract.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.16 - RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Record inspection,
				record retention and record destruction relating to contracts shall be
				conducted in accordance with the Inspection of Public Records Act, Sections
				14-2-1
				to
				14-2-12
				NMSA 1978; the Public Records Act, Sections
				14-3-1 to
				14-3-23
				NMSA 1978; and with Section
				13-1-128
				NMSA pertaining to sole source and emergency procurement; and Section
				13-1-116
				NMSA 1978 of the Procurement Code.
B. The bureau will retain original contracts,
				any subsequent amendments, and contract briefs, whether in hard copy or
				electronic formats, in accordance with provisions of the Inspection of Public
				Records and Public Records Act.
New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 4 - STATE PROCUREMENT › Part 10 - GOVERNING THE APPROVAL OF CONTRACTS FOR THE PURCHASE OF PROFESSIONAL SERVICES › Section 1.4.10.17 - RULE FILING

Current through Register Vol. 35, No. 13, July 16, 2024
This rule shall be filed in accordance with the State Rules
				  Act, Sections
				  14-4-1 to
				  14-4-11
				  NMSA 1978 and shall become effective upon publication in the New Mexico
				  Register.
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 1.5.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
A. This rule applies to
				all public agencies that use state vehicles.
B. This rule also applies to the legislative
				and judicial branches, public schools, institutions of higher education, and
				all other public related institutions, to the extent that they lease motor pool
				vehicles from the state central fleet authority (SCFA).
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 1.5.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  15-8-6
				  and
				  15-8-10 NMSA
				  1978.
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 1.5.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 30, 2015, 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 3 - ADMINISTRATION AND USE OF STATE VEHICLES › Section 1.5.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement the Transportation
				  Services Act, Chapter 15, Article 8 NMSA 1978, by establishing standards and
				  procedures for the administration and use of state vehicles by state agencies
				  or any entity that leases vehicles from state central fleet authority
				  SCFA.
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 1.5.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in Section
				  15-8-3
				  NMSA 1978, as used in this rule:
A.
account manager
means a TSD employee designated to prepare, manage
				and enforce short-term and long-term transportation services division/state
				central fleet authority TSD/SCFA vehicle leases; serve as liaison for
				designated state agency authorized drivers and TSD/SCFA maintenance personnel;
				prepare monthly billings and utilization reports, using data gathered from
				various systems including a global positioning system GPS;
B.
agency approved authority
means the cabinet secretary of a state department or the agency director who is
				responsible for the agency;
C.
agency fleet coordinator
means the individual assigned by an
				agency head or designee who is responsible for providing fleet management
				information and reports to TSD;
D.
alert
means a notice given when specific parameters/barriers that
				are defined by either the agency or TSD are compromised thereby informing the
				using agency, or TSD, of the occurrence;
E.
alternative fuel
means a fuel
				other than an unleaded gasoline such as E-85, a blend of ethanol and unleaded
				gasoline; bio-diesel; electricity; compressed natural gas; propane; hydrogen;
				or other fuels.;
F.
authorized driver
means:
(1) a
				state employee holding a valid New Mexico driver's license or an approved
				out-of-state driver's license and a TSD approved defensive driving certificate
				who is permitted to use a state vehicle in furtherance of official state
				business; a valid New Mexico driver's license or an approved out-of-state
				driver's license but
does not
include provisional, limited,
				restricted or administrative permits;
(2) for those candidates for full-time, term
				or temporary employment with the state of New Mexico that live out-of-state,
				the following process is required and;
(3) once gainfully employed by the state, the
				out-of-state employee must provide a copy of his driving record to TSD on a
				semi-annual basis to assure the drivers' license is in good standing;
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 1.5.3.8 - STATE VEHICLE PROCUREMENT PROCESSES AND VEHICLE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
In accordance with the governor's executive orders 05-049,
				  "requiring the increased use of renewable fuels in New Mexico state
				  government", and 06-069 "New Mexico climate change action", this section
				  establishes the standards by which all state and public agencies shall procure
				  state vehicles with a declared weight up to ten thousand (10,000)
				  pounds.
A.
State agency vehicle
				requests, application form required requests for exemption to executive
				orders.
By the 15th of April of each calendar year, state agencies shall
				prepare a SCFA application for purchase, lease and disposal of state vehicles.
				The state agency in conjunction with GSD shall assure that all requests meet
				the governor's executive order directives including assuring the highest fuel
				economy for the intended use, meeting or exceeding the most current CAFE
				standards and compliance with the Alternative Fuels Acquisition Act. Any
				requests for exemption from the governor's executive orders shall be submitted
				along with clear justification for the requested exemption and the
				aforementioned form for the director's or designee's review. If the exemption
				is timely and approved, the agency shall be notified with time to submit the
				request to the specification developers. The specification development
				time-line shall not be expanded due to the state agency's failure to comply
				with this rule.
B.
State
				procurement cycles - time lines.
State agency vehicles shall be procured
				based on specifications consistent with executive order 05-049 and prepared by
				the department in conjunction with DOT, DPS, DGF, DHSEM and EMNRD during the
				months of June, July and August of each year. The development of the
				specifications is to prepare for the bid advertisement, pre-bid conference, bid
				opening and award for the purchase of vehicles for each fiscal year. The order
				of model year vehicles shall be consistent with the directions established in
				each bid, with expectations that new model year vehicles will be delivered
				prior to manufacturer's build-out dates for each subsequent calendar
				year.
C.
Vehicle
				standards.
The standards establish the minimum requirements for the
				procurement of passenger vehicles for the executive, legislative and judicial
				branches of the state of New Mexico. DOT, DPS, DGF, DHSEM, and EMNRD, vehicle
				standards are developed and maintained by the respective agency. These
				standards are to be reviewed annually and subject to change based on increased
				fuel efficiencies and reduction of greenhouse gases. The standards are an
				administrative attachment to this rule and must be reviewed, amended, published
				and distributed by July 1 of each year.
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 1.5.3.9 - LEASE OF MOTOR POOL VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				state agency or public agency may lease a motor pool vehicle from the SCFA:
(1) through a "quik ride" or short-term lease
				by the hour or day not exceeding six (6) consecutive months; or,
(2) through a long-term lease for a period
				exceeding six (6) consecutive months; or,
(3) through a third-party commercial
				lease;
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 1.5.3.10 - STATE MOTOR VEHICLE LICENSE PLATES

Current through Register Vol. 35, No. 13, July 16, 2024
At the beginning of each fiscal year, the director or
				  designee shall determine which type of license plate shall be issued for each
				  state vehicle. This relates to the state of New Mexico government plate,
				  protective license plate or undercover plate.
A. A state agency may submit a written
				request for an undercover license plate for any SCFA state vehicle it uses for
				legitimate undercover law enforcement purposes. The state agency must annually
				justify the need for an undercover license and must provide statutory authority
				to that effect.
B. A state agency
				may submit a written request for a protective license plate for any state
				vehicle it uses for a sensitive activity. The request must be signed off by the
				cabinet secretary or agency head attesting that this position is authorized to
				perform a legitimate and appropriate activity which is sensitive in nature and
				this activity would place the employee at a higher risk of personal injury if
				knowledge of the activity was made public. At the beginning of each fiscal
				year, the state agency must justify the need for a protective license plate and
				must provide statutory authority regarding the type of work requiring something
				other than a state government license plate. Based on the justification, the
				director or designee may authorize the protective license plate.
C. The director or designee shall issue a
				state of New Mexico government license plate with permanent decals for all
				other state agency vehicles.
(1) All vehicles
				must display the state seal and an identifying decal describing the user
				agency, i.e. state of New Mexico motor pool, or the appropriate acronym
				identifying the user agency.
(2)
				All state vehicles must display the 1-800-627 -6639 vehicle abuse program
				bumper sticker.
(3) All state
				vehicles must display the #DWI bumper sticker.
(4) User agencies will be billed the cost of
				replacement of authorized official decals or stickers.
(5) User agencies may use their own
				non-permanent decals upon acquiring director's or designee's written
				authorization. Cost for these decals will be the responsibility of the user
				agency.
(6) Deviation from the SCFA
				official decals and stickers must receive written prior authorization from the
				director or designee.
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 1.5.3.11 - REQUIRED DOCUMENTS IN STATE VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
Each state agency shall ensure that current copies of the
				  following documents are kept in the glove compartment of all state vehicles in
				  its custody.
A.
Auto Loss
				Form.
These are forms and instructions that are included in the packet
				provided by RMD on how auto accidents in state vehicles are to be dealt with by
				the authorized driver.
B.
Fuel credit cards.
Each vehicle will have detailed instructions
				and procedures for use of the fuel credit card with a list of authorized
				purchases.
C.
How-to
				brochure.
Each vehicle will have a brochure that provides the driver
				simple instructions regarding the use of the vehicle, telephone numbers,
				emergency processes, and waivers.
D.
RMD financial responsibility
				document.
These documents include the state's official proof of
				insurance and letter stating the state's responsibility to have proof of
				registration in a state vehicle.
E.
Vehicle maintenance manual.
This is the manual that is provided by
				the manufacturer which includes the manufacturer's specifications. Additional
				maintenance requirements or specifications may be required by the director or
				designee and provided to the leasing agency in writing.
F.
Vendor list.
This is a
				current list of SCFA authorized motor vehicle maintenance and repair vendors
				throughout the state of New Mexico. The list is to be used for preventive
				maintenance, emergency road service and repair.
G.
Vehicle registration.
This is
				the official proof of vehicle ownership/registration document issued by the
				state motor vehicle division. This document shall remain with the vehicle until
				ownership is transferred or the vehicle is sold by SCFA.
H.
Vehicle mileage log.
This log
				should have the date, employee name, beginning and ending mileages,
				destination, purpose of trip, type of fuel purchased, number of gallons
				purchased, total fuel cost, other vehicle related purchases, and a place for a
				supervisor to make verifications.
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 1.5.3.12 - AUTHORIZED DRIVERS AND PASSENGERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authorized drivers.
The
				director or designee may authorize a state employee who possesses a current
				valid New Mexico drivers' license or approved out-of-state license, and who has
				completed a TSD approved NSC defensive driving course and orientation
				prescribed by the division to operate a state motor vehicle. The state employee
				must have the appropriate class of driver's license to drive any state vehicle
				that is not a passenger vehicle. Upon request each agency must provide a list
				of all authorized drivers.
B.
Authorized passengers.
Only authorized passengers may occupy a
				state vehicle. A person who is not a state employee must obtain written
				authorization from the director or designee before occupying a state vehicle.
				Failure to comply may result in suspension of driving privileges.
C.
Suspension or revocation of
				authorized drivers' privileges.
The director or designee may suspend or
				revoke the authorized driver privileges of any state employee who permits a
				person who is not an authorized driver to operate a state vehicle or who
				transports, or permits the transportation of a person who is not an authorized
				passenger. In addition, such state employee may be held personally liable to
				the extent permitted by law for any liability for personal injury, death or
				property damage arising out of the unauthorized use or occupancy of the state
				vehicle.
D.
Reinstatement of
				driving privileges.
An authorized driver whose state driving privileges
				have been suspended or revoked must complete a NSC/DDC six (6)-hour class
				instructed by a TSD approved instructor before receiving a written driver
				privilege reinstatement authorization from the director or his
				designee.
E.
Exceptions.
Nothing in this section shall be construed to prohibit
				the use or occupancy of a state vehicle:
(1)
				to render emergency aid or assistance to any person; or
(2) by private sector automobile mechanics or
				maintenance and repair personnel performing required maintenance or
				repairs.
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 1.5.3.14 - TRAFFIC LAWS AND OPERATOR CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authorized drivers shall obey all
				applicable traffic laws while operating a state vehicle.
B. Authorized drivers must exercise
				appropriate caution and prudence while operating a state vehicle.
C. Authorized drivers shall not engage in
				discourteous behavior or inappropriate conduct while operating a state
				vehicle.
D. Authorized drivers
				shall not use state vehicles for inappropriate or illegal activities including
				personal use; and shall have no reasonable expectation of privacy in the use of
				any state vehicle.
E. Authorized
				drivers on official travel, who exceed their post of duty by thirty-five (35)
				miles, may utilize the state vehicle to take care of personal business such as
				visiting eating establishments, grocery stores, etc.
F. Authorized drivers shall only utilize a
				cell phone with a hands free device while operating a state vehicle.
G. At no time will the authorized driver be
				allowed to text or type on any other device(s) such as a smartphone and laptop
				computer while driving. At no time is reading from any electronic device or
				paper source permissible while operating a state vehicle.
H. Authorized drivers shall minimize
				distractions while operating state vehicles. These distractions include but are
				not limited to eating and playing with the radio/cd player.
I. Authorized drivers shall operate state
				vehicles at or below posted speed limits.
J. An authorized driver who receives a
				traffic citation or parking ticket while using a state vehicle must notify TSD.
				If TSD receives a state employee's traffic citation or parking ticket involving
				a SCFA motor vehicle, the director or designee will forward it to the state
				agency leasing the state motor vehicle to assure the employee promptly clears
				the citation/ticket.
(1) The driver shall be
				personally responsible for any costs (cost of ticket, late fees, court fees or
				administrative fees) associated with the citation or ticket,
(2) The driver is also required to retake and
				pass a six (6)-hour TSD approved instructor NSC/DDC certification class before
				operating a state vehicle. An agency may deem that the employee is responsible
				for paying for additional classes.
(3) If the driver of the vehicle cannot be
				identified, the agency shall be held responsible for any costs associated with
				the citation or ticket.
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 1.5.3.15 - SUSPENSION OF STATE VEHICLE OPERATOR PRIVILEGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director or designee shall
				automatically suspend a state employee's authorization to operate a state
				vehicle if the state employee's New Mexico driver's license or an approved
				out-of-state driver's license is expired, revoked, or suspended. This extends
				to include disqualifications or administrative actions on driver's licenses. An
				employee whose driving privileges have been suspended or revoked for an expired
				driver's license may register for the TSD/NSC online Defensive Driving Class
				(DDC).
B. An authorized driver that
				receives a citation and is convicted while operating a state vehicle will have
				their privileges suspended until proof of the ticket being paid is submitted to
				TSD and a NSC six (6) hour defensive driving class taught by a TSD approved
				instructor has been taken and passed or successfully completed. Suspensions
				extend to utilizing personal vehicles to conduct state business.
C. A state agency shall report each
				suspension or revocation to the director or designee. The director or designee
				will provide the agency head with names of any state employee's employed by the
				requesting state agency whose state vehicle operator privileges have been
				suspended or revoked.
D. To
				determine that state authorized drivers have a valid driver's license, the
				director or designee will at random review the driving record of state
				authorized drivers. The director or designee will review the status of the
				driving record of any state authorized driver upon receipt of any request for
				waiver, constituent complaint, registration for DDC, traffic citation, parking
				ticket, accident, police report or vehicle abuse.
E. An authorized driver that has his/her
				driving privileges suspended or revoked must successfully complete a six (6)
				hour TSD approved instructor NSC/DDC class before the director or designee will
				consider authorizing the reinstatement of those privileges.
F. The director or designee shall review all
				complaints of alleged fraud, waste, and abuse involving state vehicles, and
				shall forward them to the state agency fleet coordinator and to the appropriate
				state agency management team.
(1) If three (3)
				vehicle abuse allegations are received within a fiscal year for the same
				allegation, the authorized driver will have his/her driving privileges
				temporarily suspended and will be required to retake a TSD approved instructor
				six (6) hour NSC/DDC class. The agency will then provide a copy of the retaken
				DDC to TSD.
(2) Failure to comply
				or respond to final notice of abuse allegations will result in vehicle lease
				termination.
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 1.5.3.17 - WEAPONS AND PETS PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				authorized driver or passenger shall possess a weapon while operating a state
				motor vehicle unless the authorized driver or passenger is a certified law
				enforcement officer. This includes individuals with concealed weapons
				licenses.
B. No pets allowed at any
				time in state vehicles. Upon written request, the director or designee may
				authorize canine patrols or transportation of other animals including
				assistance dogs. The director or designee will review the request and provide
				the state agency a written determination within ten (10) working days of
				receipt by the division.
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 1.5.3.18 - SEAT BELT USE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All authorized
				drivers and passengers of state vehicles shall wear seat belts.
B. All authorized drivers shall observe child
				safety and restraint laws at all times when transporting a minor in a state
				vehicle in furtherance of official state business.
C. Violation of this law may result in loss
				of state authorized driver privileges.
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 1.5.3.19 - USE OF FUEL CREDIT CARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All
				state agencies and authorized drivers are required to use the GSD/TSD
				contracted fuel credit card for authorized purchases.
B. The state agency shall assign a single
				fuel credit card to each vehicle using the state issued license plate number or
				a unique fixed asset number that is tied back to the vehicle that the card is
				assigned to.
(1) Credit card shall be kept
				with the assigned vehicle and not with the driver.
(2) Card is stored in the protective sleeve
				and out of direct sunlight or other heat sources.
(3) When purchasing items enter exact current
				mileage (no tenths).
(4) If a
				problem is encountered at the time of purchase, the driver should contact the
				credit card company for help.
(5)
				Lost, damaged, or stolen credit cards need to be reported to their agency fuel
				card account manager within one (1) working day of the discovery. Card will be
				suspended and a new card ordered at that time.
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 1.5.3.20 - AUTHORIZATION TO COMMUTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. No
				authorized driver or passenger shall use a state vehicle for private
				use.
B. Commuting is defined as the
				consistent use of a state vehicle from assigned post of duty to domicile and
				from domicile to assigned post of duty, even if it is for short periods of
				time, i.e. legislative session. Occasional use is not considered commuting,
				i.e. taking the vehicle home the night before an out-of-town trip.
C. A state agency must develop a written
				policy that allows authorized drivers to use state vehicles to commute between
				work and residence for security purposes or if doing so is in the best interest
				of the state. Only the leasing agency's cabinet secretary of an executive
				department or the director of an independent executive state agency (not part
				of an executive department but still part of the executive) can approve the
				commuting policy and commuting of individual authorized drivers.
D. All agency cabinet secretaries or agency
				heads must acquire approval from the governor's office. Approvals must be
				forwarded to SCFA.
E. Each state
				agency permitting authorized drivers to utilize this domicile-to-duty privilege
				shall maintain current records of and provide a current copy of the following
				to SCFA:
(1) all state authorized
				commuters/passengers by name and position;
(2) the number of total miles each state
				authorized driver, who commutes, drives annually between work and residence
				using a state vehicle;
(3) the
				number of times annually a state authorized driver who is given written
				approval to use a state vehicle to commute between his assigned post of duty
				and his primary residence and is called back when the state employee is
				off-duty;
(4) review all
				authorizations to use a state vehicle to commute at least once a year;
				and
(5) provide an annual commuting
				report to SCFA that identifies by authorized commuter; the vehicle state plate,
				total commuting mileage, number of call backs for ending fiscal year; this
				report shall also identify drivers and state vehicle plates authorized to
				commute for the following year; this report is due sixty (60) days prior to
				each fiscal year.
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 1.5.3.21 - STATE VEHICLE CARE AND MAINTENANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. An authorized driver must turn off the
				ignition, close all windows, and lock the doors and trunk of a state vehicle
				whenever the state vehicle is left unattended.
B. State agencies and authorized drivers are
				responsible for assuring that state vehicles in their custody are parked in
				secure areas minimizing exposure to vandalism, damage, destruction, wreckage,
				sabotage, defacement or harm. If after multiple occurrences of vandalism,
				damage, destruction, wreckage, sabotage, defacement or harm occur, the agency
				head shall, in writing, request authorization from the director or designee for
				authorized drivers to take state motor vehicles to their place of residence for
				security purposes only. The authorization will be provided only if the state
				agency head or designee can prove that:
(1)
				the state agency's landlord does not provide a secure space for state vehicles;
				or,
(2) the state agency cannot
				avail itself of other secure state of New Mexico parking spaces; or,
(3) the state agency cannot acquire secure
				private sector parking spaces.
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 1.5.3.22 - STATE VEHICLE RETURN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director or designee may rotate state vehicles within an agency or between
				agencies if the director or designee determines that a state agency is under or
				over utilizing an assigned vehicle. The director or designee will notify the
				state agency of such occurrences and recommend the rotation. The director or
				designee, in conjunction with the state agency, will make the appropriate
				changes to the location of the leased state vehicle.
B. Once TSD has notified a state agency that
				a replacement vehicle is available to exchange for a vehicle that has met or
				exceeded its life expectancy, or is no longer road worthy, the agency has
				thirty (30) days to execute the exchange.
C. The SCFA will notify state agencies if
				there is a manufacturer's recall applicable to a leased state vehicle. The
				state agency shall take the leased state vehicle to the appropriate dealer for
				service or modification, and shall, upon completion of the recall-related work,
				notify the SCFA.
D. The director or
				designee in conjunction with the SCFA and the state agency shall determine when
				a state vehicle needs to be replaced. Life cycles are determined primarily from
				user requirements provided by the agency fleet coordinator. A state agency must
				return a leased state vehicle to the division upon receipt of a new or
				different vehicle.
E. A state
				agency may return a leased state vehicle in accordance with the terms of the
				lease agreement. In no case will an agency turn in a vehicle that has not
				reached its life cycle while requesting additional units unless the agency
				satisfies the remaining balance of the turned in vehicles replacement
				cost.
F. A state agency shall not
				transfer; receive control of, or custody of, a leased state vehicle to or from
				another state agency without the prior written authorization of the director or
				designee.
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 1.5.3.23 - EMERGENCY REPAIRS AND MECHANICAL BREAKDOWN

Current through Register Vol. 35, No. 13, July 16, 2024
An authorized driver shall immediately take steps to correct
				  any mechanical or operating problem that occurs while a TSD leased state
				  vehicle is in operation. An authorized driver shall, in no case, continue to
				  operate a state vehicle if continued operation could endanger any person or
				  property. Furthermore, the authorized driver is responsible for immediately
				  notifying the state agency fleet coordinator and SCFA account manager of any
				  unsafe vehicle condition. Failure to comply with the notification portion of
				  this section requires any costs to be billed to the user agency or reimbursed
				  to TSD.
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 1.5.3.24 - VEHICLE UTILIZATION

Current through Register Vol. 35, No. 13, July 16, 2024
The utilization standards establish the minimum requirements
				  for the use of passenger vehicles for the executive, legislative and judicial
				  branches of the state of New Mexico. TSD, DOT, EMNRD, DGF and DPS develop and
				  maintain vehicle utilization standards. These utilization standards are to be
				  reviewed annually and subject to change based on increased fuel efficiencies
				  (CAFE) and reduction of greenhouse gas emissions benchmarks.
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 1.5.3.25 - UNDER-UTILIZATION OF STATE VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
The director or designee may re-allocate state vehicles that
				  are being under-utilized.
A. The
				director or designee shall analyze monthly leased state vehicle mileage
				statistics.
B. The director or
				designee may rotate state vehicles within an agency or between agencies if it
				is determined that a state agency is under or over utilizing an assigned
				vehicle. The director or designee will notify the state agency of such
				occurrences and recommend the rotation. The director or designee in conjunction
				with the state agency will make the appropriate changes to the location of the
				leased state vehicle.
C. If the
				director or designee finds that a leased state motor vehicle is accumulating
				low mileage, the director or designee will notify the state agency in writing
				that a state vehicle assigned to it is being under-utilized.
D. The state agency shall examine its
				utilization of the state vehicle and respond in writing justifying to the
				director or designee its need for the state vehicle and describing its
				intra-agency vehicle rotation plan. If the state agency does not provide such a
				plan, the director or designee will rotate vehicles among state
				agencies.
E. The director or
				designee will continuously monitor mileage utilization of the leased state
				vehicles. If the agency's use of the leased state motor vehicle does not
				increase, the director or designee may recall the vehicle or replace it with a
				state vehicle that has more mileage.
F. The director or designee will consider
				under-utilization of state vehicles when evaluating a state agency's requests
				for additional or different vehicles.
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 1.5.3.26 - VEHICLE DISPOSAL PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
The disposal of vehicles is governed by Chapter 13, Articles
				  1 and 6 NMSA 1978. The director or designee in conjunction with the SCFA will
				  consider disposing of a state vehicle when:
A. the leased state vehicle reaches the end
				of its predetermined accounting and life cycle;
B. the estimated cost of repairs exceed the
				value of the leased state vehicle; or,
C. the leased state vehicle is unsafe,
				inoperable or obsolete.
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 1.5.3.27 - OUT-OF-STATE AND OUT-OF-COUNTRY TRAVEL IN-STATE VEHICLES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director or designee must approve in
				writing all out-of-state and out-of-country travel requests, in state vehicles,
				in advance.
B. The state agency
				must request the appropriate approval in writing including the following
				information:
(1) names of employee
				drivers/passengers - if travelers are not employees please provide their names,
				entity they represent and reason why they need to travel in a state vehicle
				(relatives or friends that are not conducting business in the furtherance of
				state of New Mexico business cannot travel in a state car);
(2) NM drivers' license numbers of all
				authorized drivers;
(3) copies of
				drivers national safety council/defensive driving certificate;
(4) G or SG-plates of vehicles making the
				trip;
(5) point of
				departure;
(6) points of
				destination, i.e. Santa Fe, New Mexico; to El Paso, Texas; to Ciudad
				Juárez, Chihuahua; to Chihuahua, Chihuahua; to Torreón, Coahuila,
				etc.
(7) date of
				departure;
(8) date of
				return;
(9) purpose for the travel,
				and;
(10) an agency approved travel
				request form including per diem costs.