N.M. Admin. Code § 1.5.21.7

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

Section 1.5.21.7 - DEFINITIONS

A."Agency" means a state executive agency other than the state land office seeking to lease space.

B."Agency cost ceiling" means the estimated first-year annual cost which an agency determines it can budget for a lease. The agency shall provide this information to PCD using the appropriate GSD form.

C."Agency RFP representative" means a person who serves on the selection committee and who has been designated, in writing, by the agency head at the beginning of each RFP to act on behalf of the agency as the sole contact in for information from and about the agency during the RFP process.

D."Agency on-site lease monitor" means a person who has been designated by the agency to fulfill the duties described in 1 NMAC 5.21.19.1 [now Subsection A of 1.5.21.19 NMAC].

E."Bid bond" means a negotiable security instrument required when proposals are submitted to ensure a proposal for space can be delivered by the top-ranked offeror. Bid bonds are returned to all unsuccessful offerors when the top-ranked offeror selection is approved. (See 1 NMAC 5.21.9.8) [now Subsection H of 1.5.21.9 NMAC]

F."BOMA method" means the current, industry standard methodology for calculating usable square footage (by the building owners and managers association).

G."Desirable" The terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor (as opposed to "mandatory").

H."General services department (GSD)" means the cabinet agency established in Chapter 9, Article 17 NMSA 1978.

I."Leasable square feet (LSF)" means usable area, plus interior office circulation, plus prorated common space, if applicable, which is what the overall lease payments are based on and which defines the lease boundaries.

J."Lease" means the standard New Mexico lease of real property form provided by PCD.

K."Lease record drawings" means drawings prepared in accordance with PCD requirements that address the agency lease requirements, building code requirements, accessibility and applicable state and federal regulations.

L."Mandatory" The terms "must", "shall", "will", "is required", "are required", "requires", identify a mandatory item or factor (as opposed to "desirable"). Failure to meet a mandatory item or factor will result in the rejection of the offeror's proposal.

M."Performance bond" means a bond required of the successful offeror to ensure conformation of space required by the lease agreement is successfully completed. The performance bond is returned when the lease space is approved for occupancy. (See 1 NMAC 5.21.14.6) [now Subsection F of 1.5.21.14 NMAC]

N."Principal individual owners" means all majority stockholders, members of board of directors, officers and partners.

O."Property control division (PCD)" means the division of the general services department established in Chapter 15, Article 3 NMSA 1978 which is statutorily responsible for controlling the lease or rental of space in buildings by state executive agencies other than the state land office.

P."Selection committee" means a group of five (5) individuals, including a PCD staff member and four (4) people assigned by an agency to develop RFP evaluation criteria, review lease proposals, develop recommendations for the agency, and select the top-ranked offeror. If an agency presents a compelling reason in writing for less than four (4) agency representatives, the PCD director may approve a selection committee of a total of three (3) individuals, one (1) from PCD as the chair and two (2) assigned by the agency.

Q."Short-term lease" means a lease for a period that does not exceed one year, including any renewal options.

R."Special use facility" means a facility other than an office building, warehouse or storage space, which is unique, distinctly different and provides for needs beyond those previously listed. Examples include reintegration centers and hospitals.

S."Storage space" means space which is used for the bulk storage of materials and which does not exceed 1,000 usable square feet or house employees.

T."Usable square feet (USF)" means the amount of specific floor area needed to provide an employee or function of an agency with adequate space to perform effectively. Usable square footage is calculated using the BOMA method. Usable square footage can be described as the area within the four walls which defines a work space.

U."Warehouse" means a space used to store bulk products, materials or supplies or storage space in excess of 1,000 usable square feet. A warehouse may include space to house employees required for operation of the warehouse.

N.M. Admin. Code § 1.5.21.7

12/31/98; Recompiled 11/30/01