N.M. Admin. Code § 1.5.21.9

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

Section 1.5.21.9 - COMMENCEMENT OF LEASE PROCESS

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.

N.M. Admin. Code § 1.5.21.9

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