reglab/housing_qa huggingface dataset:
NM Stat § 13-1-181 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-181 - Remedies prior to execution of contract.

If prior to the execution of a valid, written contract by all parties and necessary approval authorities, the state purchasing agent or a central purchasing office makes a determination that a solicitation or proposed award of the proposed contract is in violation of law, then the solicitation or proposed award shall be canceled. History: Laws 1984, ch. 65, § 154; 2002, ch. 62, § 1. ANNOTATIONSThe 2002 amendment, effective May 15, 2002, substituted "execution of contract" for "award" in the section heading; and substituted "the execution of a valid, written contract by all parties and necessary approval authorities" for "award" near the beginning of the section.
NM Stat § 13-1-182 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-182 - Ratification or termination after execution of contract.

If after the execution of a valid, written contract by all parties and necessary approval authorities, the state purchasing agent or a central purchasing office makes a determination that a solicitation or award of the contract was in violation of law and if the business awarded the contract did not act fraudulently or in bad faith: A. the contract may be ratified, affirmed and revised to comply with law, provided that a determination is made that doing so is in the best interests of a state agency or a local public body; or B. the contract may be terminated, and the contractor shall be compensated for the actual expenses reasonably incurred under the contract plus a reasonable profit prior to termination. History: Laws 1984, ch. 65, § 155; 2002, ch. 62, § 2. ANNOTATIONSThe 2002 amendment, effective May 15, 2002, substituted "execution of contract" for "award" in the section heading; substituted "the execution of a valid, written contract by all parties and necessary approval authorities" for "an award" near the beginning of the introductory language; and substituted "the contractor" for "the business awarded the contract" in Subsection B. "Award of contract". — Selection of the top-ranked lease offeror through the notice of award is an "award of a contract" under this section. Renaissance Office, LLC v. Gen. Servs. Dep't, 2001-NMCA-066, 130 N.M. 723, 31 P.3d 381, cert denied, 130 N.M. 713, 30 P.3d 1147 (now see 2002 amendments to this section). Revised determinations. — For the purposes of this section, when a court rules that a central purchasing office has erroneously determined that a contract award was lawful, the office shall be deemed to have entered a revised determination that the award was invalid, regardless of whether the court expressly orders the issuance of a new determination. Hamilton Roofing Co. v. Carlsbad Mun. Sch. Bd. of Educ., 1997-NMCA-053, 123 N.M. 434, 941 P.2d 515.
NM Stat § 13-1-183 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-183 - Judicial review.

All actions authorized by the Procurement Code for judicial review of a determination shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 1984, ch. 65, § 156; 1998, ch. 55, § 24; 1999, ch. 265, § 24. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1". The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable. Administrative protest appealable. — A protest of the award of a contract for a campus electrical distribution upgrade project complied with the process outlined in the Procurement Code to protest a decision by protesting to the state purchasing agent or a central purchasing office (§ 13-1-172 NMSA 1978), who were given authority to resolve protests pursuant to § 13-1-174 NMSA 1978, and therefore constituted an administrative tribunal whose decision was appealable, as provided by § 13-1-183 NMSA 1978, pursuant to the provisions of § 39-3-1.1. State ex rel. ENMU Regents v. Baca, 2008-NMSC-047, 144 N.M. 530, 189 P.3d 663. Judicial review standard. — Judicial relief is available to the disappointed bidder when a municipality acts in an arbitrary and capricious manner and violates the integrity of the Procurement Code. Planning & Design Solutions v. City of Santa Fe, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628. Common law action. — Nothing in the Procurement Code precludes an unsuccessful bidder from bringing a common-law action to challenge the acts of a third party whose protest results in the rejection of the bidder's bid. Davis & Assocs., Inc. v. Midcon, Inc., 1999-NMCA-047, 127 N.M. 134, 978 P.2d 341. Damages awarded to bidder. — Reliance damages compensate the bidder's interest in being reimbursed for loss caused by reliance on the contract. New Mexico, therefore, joins other jurisdictions that in similar situations have awarded to a disappointed bidder the expenses incurred in preparing and submitting a bid. Planning & Design Solutions v. City of Santa Fe, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628. Exclusivity of remedy. — The Procurement Code does not expressly or impliedly authorize any private right of action for disappointed offerors, since Section 13-1-183 provides an adequate legal remedy. State ex rel. Educ. Assessments. Sys. v. Coop. Educ. Servs., 1993-NMCA-024, 115 N.M. 196, 848 P.2d 1123. Jurisdiction to review. — The court lacked jurisdiction to review a purported settlement agreement between a bidder and an incorporated electric cooperative since an incorporated electric cooperative is neither a state agency nor a local public body and the Procurement Code therefore does not apply to it. Fratello v. Socorro Elec. Corp., 1988-NMSC-058, 107 N.M. 378, 758 P.2d 792.
NM Stat § 13-1-184 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-184 - Assistance to small business; policy.

It shall be the policy of this state to encourage small businesses to do business with state agencies and local public bodies. History: Laws 1984, ch. 65, § 157.
NM Stat § 13-1-185 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-185 - Assistance to small business; duties of the state purchasing agent.

A. The state purchasing agent shall issue publications designed to assist small businesses in learning how to do business with the state agencies and local public bodies. B. The state purchasing agent shall compile, maintain and make available source lists of small businesses for the purpose of encouraging procurement by the state agencies and local public bodies from small businesses. C. The state purchasing agent and central purchasing offices shall take all reasonable action to ensure that small businesses are solicited on each procurement for which they appear to be qualified. D. The state purchasing agent shall develop training programs to assist small businesses in learning how to do business with the state agencies and local public bodies. E. The state purchasing agent or a central purchasing office may make special provisions for progress payments as such office or officer may deem reasonably necessary to encourage procurement from small businesses in accordance with regulations promulgated by the secretary or a central purchasing office with authority to issue regulations. History: Laws 1984, ch. 65, § 158. ANNOTATIONSCross references. — For adoption of rules and regulations by secretary of general services department, see 9-17-5 NMSA 1978.
NM Stat § 13-1-186 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-186 - Assistance to small business; bid bonds; reduction.

The state purchasing agent or central purchasing office may reduce bid bond, performance bond or payment bond requirements authorized by the Procurement Code to encourage procurement from small businesses. History: Laws 1984, ch. 65, § 159.
NM Stat § 13-1-187 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-187 - Small business; report to the legislature.

The state purchasing agent shall annually, before January 1, report in writing to the legislature concerning the awarding of state contracts to small businesses during the preceding fiscal year. History: Laws 1984, ch. 65, § 160.
NM Stat § 13-1-188 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-188 - Public acquisition of American-made motor vehicles required.

A state agency shall only acquire motor vehicles assembled in North America except for gas-electric hybrid vehicles until these vehicles are assembled in North America; provided that this section shall not apply to motor vehicles used for law enforcement purposes. For the purposes of this section, "motor vehicle" means a light-duty vehicle under eight thousand five hundred pounds. History: Laws 1984, ch. 65, § 161; 2002, ch. 32, § 1; 2013, ch. 217, § 1. ANNOTATIONSCross references. — For acquisition of alternative fuel or gas-electric hybrid vehicles, see 13-1B-3 NMSA 1978. The 2013 amendment, effective June 14, 2013, exempted motorcycles used for law enforcement purposes; and in the first sentence, after "vehicles are assembled in North America", added ", provided that this section shall not apply to motor vehicles used for law enforcement purposes". The 2002 amendment, effective July 1, 2002, substituted "acquisition" for "purchases" in the section heading; and rewrote the section, which formerly read: "Any state agency shall only purchase cars and trucks assembled in North America".
NM Stat § 13-1-189 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-189 - Procurements pursuant to the Corrections Industries Act.

A. All state agencies shall purchase and all local public bodies may purchase items of tangible personal property and services offered pursuant to the provisions of the Corrections Industries Act [33-8-1 to 33-8-15 NMSA 1978]. B. The corrections industries commission shall prepare a catalogue containing an accurate and complete description of all items of tangible personal property and services available. A copy of the catalogue shall be provided to each state agency and local public body. The catalogue shall contain an approximate time required for delivery of each item of tangible personal property and service. C. The state purchasing agent or a central purchasing office shall purchase available items of tangible personal property and services from the catalogue unless a determination is made that: (1) an emergency exists requiring immediate action to procure the items of tangible personal property or service; (2) the specifications for the items of tangible personal property or service, including quality, quantity and delivery requirements, cannot be met within a reasonable time by the corrections department; or (3) the price to be paid to the corrections department for the items of tangible personal property or service is higher than the bid price of comparable items of tangible personal property or services. History: Laws 1984, ch. 65, § 162; 1987, ch. 5, § 1. ANNOTATIONSCross references. — For powers and duties of corrections industries commission, see 33-8-6 NMSA 1978.
NM Stat § 13-1-190 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-190 - Unlawful employee participation prohibited.

A. Except as permitted by the University Research Park and Economic Development Act [Chapter 21, Article 28 NMSA 1978] or the New Mexico Research Applications Act [53-7B-1 to 53-7B-10 NMSA 1978], it is unlawful for any state agency or local public body employee, as defined in the Procurement Code, to participate directly or indirectly in a procurement when the employee knows that the employee or any member of the employee's immediate family has a financial interest in the business seeking or obtaining a contract. B. An employee or any member of an employee's immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a financial interest with regard to matters pertaining to that trust. History: Laws 1984, ch. 65, § 163; 1989, ch. 264, § 27; 2009, ch. 66, § 12. ANNOTATIONSThe 2009 amendment, effective April 2, 2009, in Subsection A, added "and Economic Development Act" after "University Research Park" and added "or the New Mexico Research Applications Act". Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts § 25. 72 Supp. C.J.S. Public Contracts § 5.
NM Stat § 13-1-191 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-191 - Bribes; gratuities and kickbacks; contract reference required.

All contracts and solicitations therefor shall contain reference to the criminal laws prohibiting bribes, gratuities and kickbacks. History: Laws 1984, ch. 65, § 164. ANNOTATIONSCross references. — For bribery of public officer or public employee, see 30-24-1 NMSA 1978. For demanding or receiving bribe by public officer or public employee, see 30-24-2 NMSA 1978. For soliciting or receiving illegal kickback, see 30-41-1 to 30-41-3 NMSA 1978.
NM Stat § 13-1-192 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-192 - Contingent fees prohibited.

It is unlawful for a person or business to be retained or for a business to retain a person or business to solicit or secure a contract upon an agreement or understanding that the compensation is contingent upon the award of the contract, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business and persons or businesses employed by a local public body which are providing professional services to the local public body in anticipation of the receipt of federal or state grants or loans. History: Laws 1984, ch. 65, § 165.
NM Stat § 13-1-193 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-193 - Contemporaneous employment prohibited.

It is unlawful for any state agency or local public body employee who is participating directly or indirectly in the procurement process to become or to be, while such an employee, the employee of any person or business contracting with the governmental body by whom the employee is employed. History: Laws 1984, ch. 65, § 166.
NM Stat § 13-1-194 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-194 - Waivers from contemporaneous employment and unlawful employee participation permitted.

A state agency or a local public body may grant a waiver from unlawful employee participation pursuant to Section 163 [13-1-190 NMSA 1978] of the Procurement Code, or contemporaneous employment pursuant to Section 166 [13-1-193 NMSA 1978] of the Procurement Code, upon making a determination that: A. the contemporaneous employment or financial interest of the employee has been publicly disclosed; B. the employee will be able to perform his procurement functions without actual or apparent bias or favoritism; and C. the employee participation is in the best interests of the state agency or a local public body. History: Laws 1984, ch. 65, § 167.
NM Stat § 13-1-195 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-195 - Use of confidential information prohibited.

It is unlawful for any state agency or local public body employee or former employee knowingly to use confidential information for actual or anticipated personal gain or for the actual or anticipated personal gain of any other person. History: Laws 1984, ch. 65, § 168.
NM Stat § 13-1-196 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-196 - Civil penalty.

Any person, firm or corporation that knowingly violates any provision of the Procurement Code is subject to a civil penalty of not more than one thousand dollars ($1,000) for each procurement in violation of any provision of the Procurement Code. The district attorney in the jurisdiction in which the violation occurs or the state ethics commission is empowered to bring a civil action for the enforcement of any provision of the Procurement Code; provided that the commission may refer a matter for enforcement to the attorney general or the district attorney in the jurisdiction in which the violation occurred. Any penalty collected under the provisions of this section shall be credited to the general fund of the political subdivision in which the violation occurred and on whose behalf the suit was brought. History: Laws 1984, ch. 65, § 169; 2019, ch. 86, § 34. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, authorized the state ethics commission to bring a civil action for the enforcement of any provision of the Procurement Code or to refer a matter for enforcement to the attorney general or the district attorney in the jurisdiction in which the violation occurred; in the second sentence, after "The", deleted "attorney general or the", after "the violation occurs", added "or the state ethics commission", and after "Procurement Code", added "provided that the commission may refer a matter for enforcement to the attorney general or the district attorney in the jurisdiction in which the violation occurred".
NM Stat § 13-1-196.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-196.1 - State ethics commission jurisdiction.

The state ethics commission may investigate complaints against a contractor who has a contract with a state agency or a person who has submitted a competitive sealed proposal or competitive sealed bid for a contract with a state agency. The state ethics commission may impose the civil penalties authorized in Sections 13-1-196 through 13-1-198 NMSA 1978 pursuant to the provisions of those sections.History: Laws 2019, ch. 86, § 33. ANNOTATIONSEffective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 33 effective January 1, 2020.
NM Stat § 13-1-197 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-197 - Recovery of value transferred or received; additional civil penalty.

An amount equal to the value of anything transferred or received in violation of the provisions of the Procurement Code by a transferor and transferee may be imposed as a civil penalty upon both the transferor and transferee. The civil penalty provided for in this section is imposed in addition but pursuant to the terms and conditions of Section 169 [13-1-196 NMSA 1978] of the Procurement Code. History: Laws 1984, ch. 65, § 170.
NM Stat § 13-1-198 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-198 - Kickbacks; additional civil penalty.

Upon a showing that a subcontractor made a kickback to a prime contractor or a higher-tier subcontractor in connection with the award of a subcontract or order thereunder, it is conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the state agency or a local public body. An amount equal to the kickback is imposed as a civil penalty by the state agency or a local public body upon the recipient and upon the subcontractor making such kickbacks in addition but pursuant to the terms and conditions of Section 169 [13-1-196 NMSA 1978] of the Procurement Code. History: Laws 1984, ch. 65, § 171. ANNOTATIONSCross references. — For soliciting or receiving illegal kickbacks, bribes or rebates, see Chapter 30, Article 41 NMSA 1978.
NM Stat § 13-1-199 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-199 - Penalties.

Any business or person that willfully violates the Procurement Code is guilty of: A. a misdemeanor if the transaction involves fifty thousand dollars ($50,000) or less; or B. a fourth degree felony if the transaction involves more than fifty thousand dollars ($50,000). History: Laws 1984, ch. 65, § 172; 2013, ch. 40, § 5. ANNOTATIONSCross references. — For sentencing for misdemeanors, see 31-19-1 NMSA 1978. The 2013 amendment, effective June 14, 2013, increased the penalties for violations of the Procurement Code; in the title, deleted "Misdemeanor" and added "Penalties"; in the introductory sentence, after "person", added "that willfully"; in Subsection A, after "misdemeanor", added the remainder of the sentence; and added Subsection B.
NM Stat § 13-1A-1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1A - Purchasing Discounts|Section 13-1A-1 - Short title.

This act [13-1A-1 to 13-1A-4 NMSA 1978] may be cited as the "Purchasing Discount Act". History: Laws 1983, ch. 164, § 1.
NM Stat § 13-1A-2 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1A - Purchasing Discounts|Section 13-1A-2 - Purpose.

The purpose of the Purchasing Discount Act is to effect certain economies in the operation of state government by requiring state agencies to establish bookkeeping and administrative procedures to accelerate payments to vendors for supplies and equipment so as to secure price discounts offered by such vendors for early payment of accounts. History: Laws 1983, ch. 164, § 2.
NM Stat § 13-1A-3 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1A - Purchasing Discounts|Section 13-1A-3 - Definition.

As used in the Purchasing Discount Act, "state agency" means agency, department, commission, board and institution of state government. History: Laws 1983, ch. 164, § 3.
NM Stat § 13-1A-4 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1A - Purchasing Discounts|Section 13-1A-4 - Revision of bookkeeping and payment procedures; reports of progress.

A. Not later than July 1, 1986, each state agency shall review and revise its bookkeeping and vouchering procedures so as to effect accelerated payments to vendors for purchases of supplies and equipment in order to secure for the state the largest available price discount offered by such vendors for early payment of accounts. On or before September 1 of each year, a progress report of the implementation of the provisions of the Purchasing Discount Act shall be submitted by each state agency to the department of finance and administration and to the legislative finance committee as an addendum to its budget request for the ensuing fiscal year. B. The department of finance and administration shall review its administrative procedures for payment of vouchers by state agencies for the purchase of supplies and equipment in order to effect revised procedures to secure the largest available price discounts offered by vendors for early payment of accounts. The department shall prescribe guidelines for state agencies to implement the provisions of the Purchasing Discount Act. The department shall, annually by December 15, submit a progress report to the legislature on the overall progress made by state agencies in implementing the procedures required by the Purchasing Discount Act. History: Laws 1983, ch. 164, § 4.
NM Stat § 13-1B-1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1B - Alternative Fuel Acquisition|Section 13-1B-1 - Short title.

Chapter 13, Article 1B NMSA 1978 may be cited as the "Alternative Fuel Acquisition Act". History: Laws 1992, ch. 58, § 1; 2002, ch. 32, § 2. ANNOTATIONSThe 2002 amendment, effective July 1, 2002, rewrote the section, which formerly read: "Sections 1 through 7 of this act may be cited as the "Alternative Fuel Conversion Act".