Current through Register Vol. 35, No. 18, September 24, 2024
A.
Scope: Use of division
premises by a non-state government entity shall be by lease entered into
pursuant to the procedures required in this regulation.
(1)
Exception: Use of Premises
pursuant to (1) a designation of use by the director pursuant to Section
15-3-2 A
NMSA 1978, or (2) the terms of a joint powers agreement (as defined in Section
11-1-1
through
11-1-7
NMSA 1978) with the director where such joint powers agreement, pursuant to the
occupancy designation procedure required in Section
15-3-2 A(1)
and (2) NMSA 1978, (A) allows an agency the management powers over a premises
and/or, (B) includes the agency's right to contractually require contractors
with the agency to occupy such premises in performing services for the agency,
and not as a lease of real property, are exempt from this regulation.
(2)
Exception: This rule shall
not apply to use of premises for charitable purposes as regulated by GSD
86-503.
(3)
Employee
housing: Agency employees required to live on division premises as a
condition of employment shall occupy such premises as their dwelling (A) under
a contract of employment and such contract shall recite that the employee's
compensation (salary) includes the fair market rental value of such dwelling;
or, (B) pursuant to a lease, and such lease and the rent charged therein shall
be approved by the state board of finance, provided however, that no RFP shall
be required. Lessee selection shall be by the agency and approved by the
director; or, (C) pursuant to a standard rental rate and lease, pre-approved by
the state board of finance. Records of actual rentals shall be provided to the
state board of finance and the director, giving rental period, amount of rent,
name of Lessee and unit rented.
B.
Determination of need:
Whenever the director makes a written determination that no agency has a use
for a premises, and that no use exists as defined in Section 6.1 [Subsection A
of 1.5.16.9 NMAC], the director may, at his option, issue an RFP from non-state
entities for the leasing of such premises from the division. The RFP process
required in this regulation shall be the only method of selection of
lessee.
C.
Requests for
proposals (RFP):
(1) The director
shall require in the RFP that the proposal state details regarding:
(a) the amount of rent, if any, that will be
paid to the division,
(b) any
consideration (services) to the state of New Mexico or the community in which
the premises is located that may be offered in lieu of all or part of direct
rental payment,
(c) length of
lease,
(d) responsibility for
maintenance of premises,
(e)
payment of utilities,
(f) amount of
insurance coverage, and
(g) such
other subjects as the director may require.
(2) All RFP's shall be in writing.
(3)
Contract (lease)
requirements: The RFP shall state that all who submit proposals must
state that they agree to meet the following requirements:
(a) the provisions of the lease attached
hereto as appendix 7.1 [Section 1.5.16.10 NMAC], insofar as they are
applicable,
(b) insurance coverage,
as required in the RFP,
(c) the
provision that the division may require early termination of the lease if the
director determines there is (state) agency need for use of the
premises,
(d) janitorial and daily
maintenance requirements of the RFP,
(e) up-grading the premises to meet building
code requirements, including handicapped accessibility requirements and other
building code requirements of the RFP,
(f) the requirements in division regulations
GSD 86-506 [1.5.17 NMAC], Clean Indoor Air Regulation; GSD 86-505, Concession
Sales Regulation; and GSD 86-504 [1.5.16 NMAC], Charitable Use of Property
Regulation and
(g) such other
requirements as the director may deem appropriate.
(4)
Selection criteria recited in
RFP: The RFP shall state what weight or ranking each factor of the RFP
shall be given. The director may give preference or limit proposals to
proposals from non-profit organizations providing charitable services to the
community or state.
(5)
Other
RFP information: The RFP shall state:
(a) the time and day (deadline) for
submitting proposals,
(b) the place
for submitting proposals,
(c)
whether the premises is available for inspection, and if so, the procedure for
gaining access,
(d) that the
division reserves the right to reject any and all proposals or any part of any
proposal,
(e) the time and place of
any pre-proposal conference, and
(f) such other information the director deems
appropriate.
D.
Publication of notice of RFP:
The director shall cause to be published in a daily newspaper of general
circulation, in the community in which the premises is located, notice of the
RFP. Such publication shall be for a minimum of once a week for two consecutive
weeks. If no daily newspaper of general circulation exists in the community in
which the premises is located, such publication shall be in a daily newspaper
within the county in which the premises is located. If no such newspaper
exists, publication shall be in a daily newspaper with state-wide circulation.
(1)
Contents of notice of RFP: The
notice of RFP shall state:(a) location
of premises,
(b) that the division
is seeking proposals from those wishing to lease the premises,
(c)that all submitting proposals must obtain
the RFP and respond to its requirements,
(d) the name, address and telephone number of
the person or persons from whom copies of the written RFP may be
obtained,
(e) the deadline and
place for submitting proposals,
(f)
the date of the pre-proposal conference, if any, and
(g) a statement that all proposals must be
submitted in an envelope clearly labeled as a "sealed proposal".
E.
Pre-proposal
conference: The director may, at his option, hold a pre-proposal
conference. If such a determination is made, the time and place of the
conference shall be given in the RFP and notice of RFP. All pre-proposal
conferences shall be held at least five (5) working days prior to the deadline
for submitting proposals. Any verbal representation made at any pre-proposal
conference is not binding. All questions and requests for clarification shall
be presented in writing. Responses shall be in writing and issued as an addenda
to the RFP.
F.
Amendments
(addenda) to RFP and eligibility to submit proposals:
(1) All amendments to RFP's shall be in
writing and shall be mailed to all eligible to submit proposals.
(2) No one shall be eligible to submit a
proposal in response to the RFP unless first signing an acknowledgment of
receipt of the RFP. The acknowledgment shall require the name and mailing
address of the person authorized to receive all amendments to the
RFP.
(3) Amendments issued prior to
the deadline for submitting proposals shall be mailed no later than five (5)
days prior to that deadline.
(4)
Amendments issued by the director after the deadline for submitting proposals
shall be mailed only to those who submitted proposals and shall provide no less
than five (5) work days for response.
G.
Selection of proposals: The
director shall evaluate all proposals and obtain further information on
proposals and/or negotiate with the proposer if the director deems such further
steps are necessary.
(1)
State board of
finance (the "board") approval: The director shall evaluate the
proposals and make a recommendation of best proposal (or a ranking of the
proposals shall be submitted) to the board along with appropriate documentation
in support of the evaluation for the board's review and approval. Submission of
the proposed lease shall be pursuant to the board's procedures.
(2)
Leases: A proposed lease
shall be submitted to the board at the time the initial presentation is made
under Section 6.6.1 [now Paragraph (1) of Subsection F of 1.5.16.6 NMAC]. No
signatures shall be affixed to the proposed lease until the board has approved
that lease. All leases shall be approved prior to submission to the board as to
form and legal sufficiency by the office of the general counsel of the general
services department and shall be in a form substantially similar to the form
attached hereto as appendix 7.1 [now 1.5.16.10 NMAC].
(3)Execution of lease: Four
multiple originals of the lease shall be signed by the director (as lessor),
the lessee, the director of the state board of finance, the secretary of the
general services department and such other signatures as the board may
require.
H.
Payment of rent: Leases of premises shall require all rental
payments be made to the division. Agencies paying costs related directly to the
premises may be reimbursed by the lessee for their actual cost. Such payment by
lessee shall be identified and calculated in the lease as being separate from
rental payment, and be paid directly to the agency entitled to such
reimbursement, pursuant to the terms of the lease.
I. Improvements to premises: All leases shall
require lessee to obtain advanced written approval by the director for any
improvements or alterations lessee makes on the premises.
Compiler's note: Subparagraph (f)of Paragraph (3) of
Subsection C of 1.5.16.9 contains a reference to GSD 86-505, Concession Sales
Regulations that were not filed in accordance with the State Rules
Act.
