A. In selecting an air carrier, an eligible recipient must comply with:

1. (1) the requirements of the New Mexico Procurement Code, Sections 13-1-28 to13-1-199 NMSA 1978, as amended, or
2. (2) if exempted from complying with the Procurement Code pursuant to Section 13-1-98K, their own purchasing ordinances. Such an eligible recipient must provide a copy of those ordinances to the division.
3. (3) Applicants will be required to provide proof of compliance with the New Mexico Procurement Code or its own purchasing ordinances if exempted from complying with the Procurement Code.
4. (4) An eligible entity must award a contract only to an air carrier who is licensed by the state.

C. At a minimum an eligible entity should consider including the following in its solicitation:

1. (1) a description of the airport or airports that will serve the proposed new scheduled air service or expanded air route;
2. (2) an estimate of the demand for the proposed new scheduled air service routes;
3. (3) a description of any existing air service, including the carrier(s) providing the service, service frequency, direct and connecting destinations offered, available fares, and equipment types;
4. (4) a description of the requested service options for proposed air service routes or a description of the proposed new air routes or expanded air routes to serve the applicant;
5. (5) a justification for the new proposed scheduled air service routes;
6. (6) a commitment from the selected air carrier that if a grant is awarded to the municipality or county the air carrier will enter into a written operating agreement with the eligible recipient to provide the air service described;
7. (7) a draft operating agreement;
8. (8) a requirement that the air carrier discuss its requested revenue guarantee as well as supporting data for the request, such as traffic assumptions, revenue forecasts, estimated operating costs and potential route profitability.
9. (9) a requirement that the air carrier provide a description of the aircraft to be used on the new scheduled air service route(s);
10. (10) a description by the air carrier of its demonstrated reliability in providing scheduled air service;

11. (11) disclosure on the part of the air carrier of the existence of interline agreements that the air service provider has made with larger carriers to allow passengers and cargo of the air service provider at the hub airport to be transported by the larger carrier(s) through one reservation, ticket, and baggage check in.

    [18.11.10.9 - N, 10/26/2021; A, 2/14/2023; A, 10/24/2023]