New Mexico Administrative Code

General Services Department Property Control Division

A. RFP approval required: The agency shall not solicit proposals until PCD has approved the agency's final RFP in writing and has scheduled a proposal opening. Only copies of the RFP showing PCD's approval may be issued. B. Public notice (GSD form): After approval of the agency's…

A. Mandatory requirements: PCD shall review proposals to ensure all mandatory requirements are met, and will forward all responsive proposals to the selection committee for evaluation. B. Evaluation criteria: The RFP will contain and describe all evaluation criteria, and at least…

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 pro…

A. Submittal to PCD: After the selection committee has notified each offeror of its ranking in accordance with 1 NMAC 5.21.11.9 [now Subsection I of 1.5.21.11 NMAC], the first ranked offeror shall develop record drawings for review by PCD. Prior to the submittal, the selection co…

A. PCD authorization to enter lease: PCD shall give written authorization to the agency to proceed to enter into a lease before the agency may enter into a lease agreement. B. Lease: (1) After receiving written authorization to enter into a lease, the agency shall complete three …

A. Minimum: No minimum lease term is required. Leases for less than ninety (90) days are exempted from this rule. B. Maximum: PCD will not approve any lease which exceeds a total term of twenty (20) years, including all options-to-renew (examples of acceptable terms are ten (10) …

A. General: Any lease may be amended, except as described below. B. Limitations: No lease may be amended(1) to increase the usable square footage by more than(a) fifty percent (50%) for leases greater than 5,000 usable square feet; (b) sixty percent (60%) for leases less than 5,0…

A. Month-to-month tenancies: Whenever the agency requires a month-to month tenancy because the agency is unable to complete the RFP process in a timely manner, the agency shall request and receive written approval for a month-to-month tenancy from PCD. Term: No month-to-month ten…

A. Insurance provisions: All leases between the agency and a private lessor shall contain insurance provisions that have been approved by GSD's risk management division. B. Indemnification: No lease governed by this rule shall contain any provision whereby the agency agrees to de…

A. Agency on-site lease monitor: Upon occupancy, the agency shall designate an employee as the agency on-site lease monitor. The agency on-site lease monitor shall be the local liaison with PCD and shall be responsible for at least the following: (1) compliance of lease terms; (2…

All executive branch agencies except the state land office. A. General applicability. This rule applies to all leases and rentals of space in public and private buildings, for periods exceeding ninety (90) days, by state executive agencies other than the state land office. B. Lan…

A. Agency request: An agency that wishes to terminate a lease before the end of the lease term shall make a written request to PCD. The request shall include copies of all correspondence and documents which relate to the matter. B. PCD approval: The PCD director shall have final …

A. Agency: If the agency fails to comply with this rule, PCD may reject and disapprove a proposed lease until the rule has been followed properly. B. Firm: Any business, whether an individual or firm, that violates any provision of this rule or violates the provisions of a lease …

A. Authorized waivers: The PCD director may grant full or partial waivers, in writing, of any section or provision of this rule, except as noted in 1 NMAC 5.21.22.3 [now Subsection C of 1.5.21.22 NMAC], when the agency certifies, in writing, that an emergency condition exists. Wh…

PCD will develop and adopt standard forms for use in the lease process. PCD will provide each agency a copy of these forms as they are adopted. Standard forms shall be utilized by an agency during the lease process, unless written approval is given by PCD to modify a form.

A. Method: Any potential offeror may submit an application (GSD form) to GSD's state purchasing division for placement on the public notice mailing list. The state purchasing division sends all potential offerors who are on the mailing list copies of the public notice for all RFP…

PCD charges by the page for copies of GSD rules, documents, forms, drawings, lease inventory, and other printed material associated with this rule. The charge shall be based on a fee schedule issued by PCD and based on costs to PCD.

Section 15-3-2 NMSA 1978, enacted by Laws 1968, Chapter 43, Section 2 and amended in subsequent years thereafter, requires the Property Control Director to control the lease or rental of space in private buildings and applies to all state executive agencies other than the land of…

Permanent.

December 31, 1998 unless a later date is cited at the end of a section or paragraph.

The objective of this rule is to establish a fair, uniform, clear and effective process to regulate leasing property owned by private entities as office space or special use facilities for state executive agencies under jurisdiction of the property control division.

A. "Agency" means a state executive agency other than the state land office seeking to lease space. B. "Agency cost ceiling" means the estimated first-year annual cost which an agency determines it can budget for a lease. The agency shall provide this information to PCD using the…

A. Adequacy of existing state facilities: The PCD director shall determine whether existing state facilities are adequate for an agency's needs before an agency is allowed to lease from any other governmental entity or the private sector. B. Lease agreements: The PCD director sha…

A. Competitive sealed proposals: Except to the extent that this rule conflicts with the Procurement Code and except for leases excluded by this rule from the requirement of solicitation through competitive sealed proposals, all leases shall be solicited in accordance with the Pro…

General Services Department, Property Control Division

Charitable Use of Property Control Division Land and Buildings Name of Applicant: ___________________________________ (include names of all Professional Fundraisers to be used by applicant***) Address: _________________________ Telephone: _________________ Town: _________________…

This regulation affects all agencies and all non-state government organizations and individuals using land and buildings under the control of the property control division, general services department. Affected agencies include all executive state departments, boards, commissions…

This regulation is based on: Section 15-3-2 A (1) and (2) NMSA 1978, which provides for the director of the property control division to assign and regulate the use and the occupancy of buildings and real property under his control and make reasonable requirements for the continu…

[Permanent]

Effective: Immediately July 1, 1986 [filed July 10, 1986]

A. The purpose of this regulation is to establish procedures for the management of land and buildings under the control of the property control division of the general services department, including use of property by non-state government organizations or individuals. B. The poli…

A. "Agency" means any unit of state government including, but not limited to boards, commissions, bureaus, agencies, councils, divisions and departments. B. "Agency head" means the person having the highest authority within an agency or his designee. C. "Charitable Organizations …

A. Scope: (1) Use of division premises for short term (thirty (30) days or less) charitable purposes, by non-profit organizations, shall not be subject to the provisions provided in GSD Rules on Concession Sales (GSD 86-505) or GSD rules on leasing (GSD 86-504) [now 1.5.16 NMAC] …

Application Form: Charitable use of Property Control Division Land and Buildings.

State Board of Finance, 181 Bataan Memorial Building, Santa Fe, NM.

A. Board approval is required whenever certain public bodies wish to lease (or sub-lease) properties they own (or are leasing): if (1) the term of the lease or sublease is for a period of more than five years, or (2) the consideration over the lease term is more than twenty-five …

A. Real property transaction requests submitted to the board should address each of the specific items in this rule, as applicable. An electronic bookmarked PDF must be submitted to the board. B. Completed packages, in their entirety, must be submitted on or before the board's me…

Any transfer of funds, capital outlay project, or acquisition, donation to, or purchase, sale, trade or lease or other disposition of real property by public bodies that by law requires state board of finance approval, except as otherwise indicated, or unless already addressed in…

A. Section 13-6-2.1 NMSA 1978 provides generally, with certain exceptions, that any state agency, local public body, or school district that sells, trades or leases real property belonging to that public entity requires state board of finance approval prior to the effective date …

Permanent.

December 23, 2024, unless a later date is cited at the end of a section.

This rule provides general guidance regarding the financial and legal requirements for state board of finance approval of certain real property transactions as required by state statute. This rule is not applicable to the acquisition of real estate by Article XII, Section 11 educ…

A. "Acquisition" means, unless usage indicates otherwise, obtaining title in fee simple absolute to real estate by purchase, trade, gift or donation. B. "Appraisal report" means a report of an opinion of value conducted by a general certified appraiser and that meets all requirem…

A. Public bodies requiring board approval before acquiring real property include, but are not limited to, the following:(1) general services department; (2) department of game and fish for expenditures from the game and fish capital outlay fund; (3) the state for state parks or r…

A. If the sale or trade of real property is for a consideration of more than twenty-five thousand dollars ($25,000), then prior board approval is necessary for: (1) state agencies (unless the consideration is one hundred thousand dollars ($100,000) or more, in which case require …

General Services Department, Property Control Division.