N.M. Admin. Code § 1.12.21.7

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.12.21.7 - DEFINITIONS

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.

N.M. Admin. Code § 1.12.21.7

Adopted by New Mexico Register, Volume XXXIV, Issue 07, April 11, 2023, eff. 4/11/2023