New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 5 - PUBLIC PROPERTY PROCUREMENT AND MANAGEMENT
Part 8 - CONSTRUCTION MANAGEMENT SERVICES
Section 1.5.8.7 - DEFINITIONS

A. "Construction management services" means a comprehensive array of management and/or consulting services spanning all phases of the design and construction process from conception to completion of the construction project; that applies appropriate management techniques to project planning, design and construction for the purpose of controlling time, cost and quality for the project owner; includes construction manager services, but does not include professional design or professional engineering services or acting in the capacity of contractor, general or subcontractor, for a construction project.

B. "Construction manager" means a person, properly licensed under the Construction Industries Licensing Act, or any successor agency as applicable, who acts as an agent of the state agency or local public body for a construction project; who coordinates and manages the construction process; who is a member of the construction team with the owner, architect, engineer and other consultants that may be required for the project; and who utilizes his skill and knowledge of general contracting to assist in developing schedules, preparing project construction estimates, studying labor conditions and advising concerning construction, safety and other issues that may surface which are related to the project and may include, but are not limited to, monitoring progress, payments, changes and other factors affecting cost or as may otherwise be specified in the RFP solicitation issued by using agency.

C. "Agent" means a person who has been delegated specific authority by a state agency or local public body to act on its behalf and represent its interests throughout all phases of a construction project. The authority delegated by a state agency or local public body shall not include central purchasing authority as defined in the Procurement Code, (Section 13-1-37 NMSA 1978).

D. "Determination" means the written documentation of a decision of a procurement officer, including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

E. "Local public body" means every political subdivision of the state and the agencies, instrumentalities, and institutions thereof.

F. "Person" includes an individual, firm, partnership, corporation, limited liability company or partnership, association, or other organization or any combination thereof, including, but not limited to, a joint venture.

G. "State agency" means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution, or official of the executive, legislative, or judicial branch of the government of this state. State agency includes the purchasing division of the general services department and the state purchasing agent, but does not include local public bodies. State agency also includes the property control division of the general services department.

H. "Using agency" means any state agency or local public body requiring services, construction, or items of tangible personal property.