N.M. Code R. § 1.5.8.9 – Determination Required

A. A using agency may issue a solicitation, and enter into, a construction management services contract when the using agency first makes a determination that it is in the public's interest to utilize such services.
B. The determination shall include findings of fact to support the decision that:
(1) the construction management services would not duplicate, and would be in addition to the normal scope of separate architect or engineer contracts; and
(2) a detailed description of the complexity or unusual requirements of the project, prompting the need for construction management services.
C. The determination may also include additional findings that:
(1) the using agency does not otherwise have sufficient or qualified staff resources to adequately provide construction management services;
(2) the provision of construction management services would better meet the needs of the using agency;
(3) the utilization of construction management services could provide early completion of the public works project is essential; or
(4) specialized expertise in specified construction areas is desirable for the construction project and may be reflected as an additional criterion under paragraph 9 [now 1.5.8.9 NMAC].
[4/15/98; Recompiled 11/30/01]