N.M. Code R. § 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.
[12/31/98; Recompiled 11/30/01]