N.M. Admin. Code § 1.5.21.12 - EXEMPTIONS FROM COMPETITIVE SEALED PROPOSAL PROCESS
A.
General: The types of leases
that are listed in this section are exempt from the competitive sealed proposal
process. They are not exempt, however, from building code or accessibility
requirements.
B.
Storage
leases: The agency is not required to solicit competitive sealed
proposals for storage leases. The agency shall attempt to receive a minimum of
three (3) written quotations and shall submit the following information for
each quotation along with the proposed lease, for PCD's approval:
(1) agency cost ceiling form (GSD
form);
(2) proposed lessor's
name;
(3) address of
facility;
(4) size of
facility;
(5) cost of facility per
month or year;
(6) lease term;
and
(7) recommendation and
justification by the agency.
C.
Leases for less than $10,000 per
year, not to exceed $50,000 total term or less than 2,000 usable square
feet:
(1) The agency is not required to
seek competitive sealed proposals for leases when the annual lease cost, less
janitorial and utility expenses, will be less than $10,000 or when the size of
the facility will be less than the 2,000 usable square feet. The annual lease
cost for any year of the lease shall not exceed $10,000, and the total term
shall not exceed $50,000. The agency shall complete the RFP form and submit it
to PCD for review and approval. The RFP form will be used by the agency as the
basis for negotiations with the proposed lessor. The agency shall request PCD
approval of the lease pursuant to 1 NMAC 5.21.13 and 5.21.14 [now
1.5.21.13 and
1.5.21.14 NMAC], by recommending
the facility which the agency deems to be the most satisfactory for its needs.
The agency shall attempt to receive a minimum of three (3) written quotations
and justify the selection to PCD by providing, at a minimum, the following
information for each facility that the agency has considered:
(a) agency cost ceiling form (GSD
form);
(b) description of the
agency's needs;
(c) proposed
lessor's name;
(d) address of
facility, including suite or floor number;
(e) size of facility;
(f) annual and total term cost of facility;
and
(g) selection criteria and
justification for selecting the facility.
(2) A diagram of the floor plan, with
dimensions showing USF, adequate for PCD review shall be submitted for the
top-ranked facility to PCD. The diagram may be submitted to PCD after the
agency's recommendation.
D.
Short-term leases: For
short-term leases, as defined in 1 NMAC 5.21.7.14 [now Subsection Q of
1.5.21.7 NMAC], an agency shall
proceed in accordance with 1 NMAC 5.21.12.3 [now Subsection C of
1.5.21.12 NMAC].
E.
Special use facilities: The
agency may submit a written request to PCD to designate a facility as a special
use facility, as defined in 1 NMAC 5.21.7.15 [now Subsection R of
1.5.21.7 NMAC]. PCD will determine
if the facility is appropriately defined as a special use facility and if
accessibility is required. Only unoccupied and non-public special use
facilities will not require compliance with accessibility requirements. The
agency may then select a facility appropriate to its needs and submit its
selection and justification in accordance with 1 NMAC 5.21.12.3 [now Subsection
C of 1.5.21.12 NMAC].
F.
Lease with any other governmental
entities: The agency may lease space from another governmental entity
without soliciting competitive sealed proposals. The agency shall request
authorization from PCD to lease space from another governmental entity. PCD
shall evaluate whether the proposed facility complies with applicable building
codes and accessibility standards. A diagram of the floor plan, with dimensions
showing USF, adequate for PCD review shall be submitted for the facility to
PCD. If PCD approves the agency's request, the agency may utilize the standard
New Mexico lease of real property form or the other governmental entity's form,
if approved by PCD. The PCD Director's signature is not required on the lease.
However, a copy of the lease shall be maintained on file at PCD.
G.
Leases outside the state of New
Mexico: For leases outside the boundaries of the state of New Mexico,
agencies shall proceed in accordance with 1 NMAC 5.21.12.3 [now Subsection C of
1.5.21.12 NMAC], except that
applicable local building codes shall apply.
Notes
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