reglab/housing_qa huggingface dataset:
NM Stat § 13-1-106 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-106 - Competitive sealed bids; correction or withdrawal of bids.

A. A bid containing a mistake discovered before bid opening may be modified or withdrawn by a bidder prior to the time set for bid opening by delivering written or telegraphic notice to the location designated in the invitation for bids as the place where bids are to be received. After bid opening, no modifications in bid prices or other provisions of bids shall be permitted. A low bidder alleging a material mistake of fact which makes his bid nonresponsive may be permitted to withdraw its bid if: (1) the mistake is clearly evident on the face of the bid document; or (2) the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. B. Any decision by a procurement officer to permit or deny the withdrawal of a bid on the basis of a mistake contained therein shall be supported by a determination setting forth the grounds for the decision. History: Laws 1984, ch. 65, § 79. ANNOTATIONSSection not applicable to executed contracts. — While this section can prevent modification of bid prices after bid opening, it does not address contracts or contract modification or reformation. Because this section relates to bids and not contracts, it is not applicable and it does not preclude contract reformation based upon mutual mistake discovered after contract formation. Ballard v. Chavez, 1994-NMSC-007, 117 N.M. 1, 868 P.2d 646. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts § 80. Mistake: right of bidder for state or municipal contract to rescind bid on ground that bid was based on his own mistake or that of his employee, 2 A.L.R.4th 991. 72 Supp. C.J.S. Public Contracts § 14.
NM Stat § 13-1-107 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-107 - Competitive sealed bids; bid opening.

Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and each bid item, if appropriate, and such other relevant information as may be specified by the state purchasing agent or a central purchasing office, together with the name of each bidder, shall be recorded, and the record and each bid shall be open to public inspection. History: Laws 1984, ch. 65, § 80.
NM Stat § 13-1-108 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-108 - Competitive sealed bids; award.

A contract solicited by competitive sealed bids shall be awarded with reasonable promptness by written notice to the lowest responsible bidder. Contracts solicited by competitive sealed bids shall require that the bid amount exclude the applicable state gross receipts tax or applicable local option tax but that the contracting agency shall be required to pay the applicable tax including any increase in the applicable tax becoming effective after the date the contract is entered into. The applicable gross receipts tax or applicable local option tax shall be shown as a separate amount on each billing or request for payment made under the contract. History: Laws 1984, ch. 65, § 81; 1987, ch. 348, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Low bidder's monetary relief against state or local agency for nonaward of contract, 65 A.L.R.4th 93.
NM Stat § 13-1-108.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-108.1 - Recompiled.

History: Laws 2013, ch. 41, § 5.ANNOTATIONSCompiler's notes. — Laws 2013, ch. 41, § 5 was erroneously compiled as 13-1-108.1 NMSA 1978 and has been recompiled as 13-1-180.1 NMSA 1978 by the compiler.
NM Stat § 13-1-109 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-109 - Competitive sealed bids; multi-step sealed bidding.

When the state purchasing agent or a central purchasing office makes a determination that it is impractical to initially prepare specifications to support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids. History: Laws 1984, ch. 65, § 82.
NM Stat § 13-1-110 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-110 - Competitive sealed bids; identical bids.

When competitive sealed bids are used and two or more of the bids submitted are identical in price and are the low bid, the state purchasing agent or a central purchasing office may: A. award pursuant to the multiple source award provisions of Sections 126 and 127 [13-1-153, 13-1-154 NMSA 1978] of the Procurement Code; B. award to a resident business if the identical low bids are submitted by a resident business and a nonresident business; C. award to a resident manufacturer if the identical low bids are submitted by a resident manufacturer and a resident business; D. award by lottery to one of the identical low bidders; or E. reject all bids and resolicit bids or proposals for the required services, construction or items of tangible personal property. History: Laws 1984, ch. 65, § 83.
NM Stat § 13-1-112 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-112 - Competitive sealed proposals; request for proposals.

A. Competitive sealed proposals, including competitive sealed qualifications-based proposals, shall be solicited through a request for proposals that shall be issued and shall include: (1) the specifications for the services or items of tangible personal property to be procured; (2) all contractual terms and conditions applicable to the procurement; (3) the form for disclosure of campaign contributions given by prospective contractors to applicable public officials pursuant to Section 13-1-191.1 NMSA 1978; (4) the location where proposals are to be received and the date, time and place where proposals are to be received and reviewed; and (5) the requirements for complying with any applicable in-state preference provisions as provided by law. B. A request for proposals may, pursuant to Section 13-1-95.1 NMSA 1978, require that all or a portion of a responsive proposal be submitted electronically. C. In the case of requests for competitive qualifications-based proposals, price shall be determined by formal negotiations related to scope of work. History: Laws 1984, ch. 65, § 85; 1989, ch. 69, § 8; 2006, ch. 23, § 4; 2007, ch. 234, § 1; 2011 (1st S.S.), ch. 3, § 4. ANNOTATIONSThe 2011 (1st. S.S.) amendment, effective October 5, 2011, required that requests for proposals include a statement of the requirements for complying with the applicable resident preference; and added Paragraph (5) of Subsection A. The 2007 amendment, effective July 1, 2007, added Paragraph (3) of Subsection A. The 2006 amendment, effective March 2, 2006, added the last sentence in Subsection A to provide that a request for proposals may require that all or a portion of the proposal be submitted electronically. Request is not an offer. — A request for bids is not an offer; the bidders are making offers when they submit bids. No contract for the procurement occurs until acceptance by the party that solicited bids. Planning & Design Solutions v. City of Santa Fe, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628. Effect of request for proposals. — By requesting proposals, the city entered into an implied or informal contract that it would fairly consider each bid in accordance with all applicable statutes. Planning & Design Solutions v. City of Santa Fe, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
NM Stat § 13-1-113 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-113 - Competitive sealed proposals; public notice.

Public notice of the request for proposals shall be given in the same manner as provided in Section 77 [13-1-104 NMSA 1978] of the Procurement Code. History: Laws 1984, ch. 65, § 86.
NM Stat § 13-1-114 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-114 - Competitive sealed proposals; evaluation factors.

The request for proposals shall state the relative weight to be given to the factors in evaluating proposals. History: Laws 1984, ch. 65, § 87. ANNOTATIONSEvaluation of proposals. — All the acts in question by the city - introducing a locality requirement after the bids were opened, awarding the contract to the fourth-ranked bidder, and rejecting the proposals after making a contract award - were arbitrary and capricious. Had the city simply rejected all proposals at any point before making an award, this matter would not be before the court. Planning & Design Solutions v. City of Santa Fe, 1994-NMSC-112, 118 N.M. 707, 885 P.2d 628.
NM Stat § 13-1-115 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-115 - Competitive sealed proposals; negotiations.

Offerors submitting proposals may be afforded an opportunity for discussion and revision of proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of obtaining best and final offers. Negotiations may be conducted with responsible offerors who submit proposals found to be reasonably likely to be selected for award. This section shall not apply to architects, engineers, landscape architects and surveyors who submit proposals pursuant to Sections 13-1-120 through 13-1-124 NMSA 1978. History: Laws 1984, ch. 65, § 88; 1989, ch. 69, § 9.
NM Stat § 13-1-116 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-116 - Competitive sealed proposals; disclosure; record.

The contents of any proposal shall not be disclosed so as to be available to competing offerors during the negotiation process. History: Laws 1984, ch. 65, § 89.ANNOTATIONSThe Procurement Code prohibits public discussion of proposals from the time of submission of proposals until the award of the contract. — A school board member who, during a public hearing to discuss a local school district's chief procurement officer's (CPO) recommendation to contract with an offeror following the CPO's issuance of a request for proposals (RFP) for cleaning services, asked the CPO to provide copies of the RFPs and the names of all vendors who received notice, and after receiving this information, contacted local vendors to discuss the cost of the cleaning services requested and asked whether they had received notice of the RFPs, violated the Procurement Code, because 13-1-116 NMSA 1978's duty of confidentiality applies during the "negotiation process," that is, from the time of submission of proposals until the procuring entity awards a contract. 2020 Op. Ethics Comm'n No. 2020-04.
NM Stat § 13-1-117 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-117 - Competitive sealed proposals; award.

The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to the state agency or a local public body, taking into consideration the evaluation factors set forth in the request for proposals. History: Laws 1984, ch. 65, § 90; 1987, ch. 348, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts §§ 40, 42. 72 Supp. C.J.S. Public Contracts §§ 6 to 9.
NM Stat § 13-1-117.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-117.1 - Procurement of professional services; local public bodies; legislative branch; selection and award.

A. Each agency within the legislative branch of government operating under the provisions of the Procurement Code and each local public body shall adopt regulations regarding its selection and award of professional services contracts. B. The award shall be made to the responsible offeror or offerors whose proposal is most advantageous to the local public body or legislative agency respectively, taking into consideration the evaluation factors set forth in the request for proposals. History: 1978 Comp., § 13-1-117.1, enacted by Laws 1987, ch. 348, § 7.
NM Stat § 13-1-117.3 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-117.3 - Contracts for the design and installation of measures for the conservation of natural resources.

A state agency or a local public body may solicit competitive sealed proposals for a contract that provides for both the design and installation of measures the primary purpose of which is to conserve natural resources, including guaranteed utility savings contracts entered into pursuant to the Public Facility Energy Efficiency and Water Conservation Act [Chapter 6, Article 23 NMSA 1978]. History: Laws 2005, ch. 178, § 3. ANNOTATIONSEffective dates. — Laws 2005, ch. 178 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 13-1-118 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-118 - Competitive sealed proposals; professional services contracts; contract review.

All contracts for professional services with state agencies shall be reviewed as to form, legal sufficiency and budget requirements by the general services department if required by the regulations of the department. This section does not apply to contracts entered into by the legislative branch of state government, the judicial branch of state government or the boards of regents of state educational institutions named in Article 12, Section 11 of the constitution of New Mexico. History: Laws 1984, ch. 65, § 91; 2019, ch. 153, § 2. ANNOTATIONSCross references. — For adoption of rules and regulations by secretary of finance and administration, see 9-6-5 NMSA 1978. For adoption of rules and regulations by secretary of general services department, see 9-17-5 NMSA 1978.The 2019 amendment, effective July 1, 2019, removed the department of finance and administration from the responsibility of reviewing contracts for professional services with state agencies; after "general services department", deleted "or the department of finance and administration", and after "regulations of", deleted "either or both of the departments" and added "the department".Temporary provisions. — Laws 2019, ch. 153, § 6 provided:A. On the effective date of this act, all personnel, functions, appropriations, money, records, furniture, equipment and other property of, or attributable to, the contracts review bureau of the administrative services division of the department of finance and administration are transferred to the purchasing division of the general services department.B. On the effective date of this act, all contractual obligations of the contracts review bureau of the administrative services division of the department of finance and administration become binding on the purchasing division of the general services department.C. On and after the effective date of this act, rules of the department of finance and administration pertaining to the approval of professional services contracts shall be deemed to be the rules of the general services department until amended or repealed by the general services department, and all references in those rules to the department of finance and administration shall be deemed to be references to the general services department.
NM Stat § 13-1-119 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-119 - Competitive sealed qualifications-based proposals; architects; engineers; landscape architects; surveyors; additional requirements.

In addition to compliance with the requirements of Sections 13-1-112 through 13-1-114 and 13-1-116 through 13-1-118 NMSA 1978, a state agency or local public body, when procuring the services of architects, landscape architects, engineers or surveyors for state public works projects or local public works projects, shall comply with Sections 13-1-120 through 13-1-124 NMSA 1978. History: Laws 1984, ch. 65, § 92; 1987, ch. 301, § 1; 1989, ch. 69, § 11.
NM Stat § 13-1-119.2 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-119.2 - Design and build procurement for certain transportation projects.

Notwithstanding any prohibition on road and highway construction or reconstruction projects in Section 13-1-119.1 NMSA 1978, the department of transportation may use a design and build project delivery system pursuant to Section 13-1-119.1 NMSA 1978 for projects with a maximum allowable construction cost of more than fifty million dollars ($50,000,000). History: Laws 2009, ch. 207, § 1; 2016, ch. 85, § 1; 2016, ch. 86, § 1; 2021, ch. 26, § 1. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, removed language limiting use of design and build procurement to federally-funded transportation projects; and after "(50,000,000)", deleted "funded in whole or in part by federal-aid highway funds".The 2016 amendment, effective May 18, 2016, allowed the use of design and build project delivery systems for road and highway projects that use federal-aid highway funds; after "funded in whole or in part by", deleted "the grants programs of the federal American Recovery and Reinvestment Act of 2009" and added "federal-aid highway funds". Laws 2016, ch. 85, § 1 and Laws 2016, ch. 86, § 1, both effective May 18, 2016, enacted identical amendments to this section. The section was set out as amended by Laws 2016, ch. 86, § 1. See 12-1-8 NMSA 1978.
NM Stat § 13-1-122 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-122 - Competitive sealed qualifications-based proposals; award of architect, engineering, landscape architect and surveying contracts.

The secretary or his designee, or the secretary of the highway and transportation department or his designee or a designee of a local public body shall negotiate a contract with the highest qualified business for the architectural, landscape architectural, engineering or surveying services at compensation determined in writing to be fair and reasonable. In making this decision, the secretary or his designee or the designee of a local public body shall take into account the estimated value of the services to be rendered and the scope, complexity and professional nature of the services. Should the secretary or his designee or the designee of a local public body be unable to negotiate a satisfactory contract with the business considered to be the most qualified at a price determined to be fair and reasonable, negotiations with that business shall be formally terminated. The secretary or his designee or the designee of a local public body shall then undertake negotiations with the second most qualified business. Failing accord with the second most qualified business, the secretary or his designee or a designee of a local public body shall formally terminate negotiations with that business. The secretary or his designee or the designee of the local public body shall then undertake negotiations with the third most qualified business. Should the secretary or his designee or a designee of a local public body be unable to negotiate a contract with any of the businesses selected by the committee, additional businesses shall be ranked in order of their qualifications and the secretary or his designee or the designee of a local public body shall continue negotiations in accordance with this section until a contract is signed with a qualified business or the procurement process is terminated and a new request for proposals is initiated. The secretary or the representative of a local public body shall publicly announce the business selected for award. History: Laws 1984, ch. 65, § 95; 1989, ch. 69, § 14; 1993, ch. 72, § 5. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, inserted "or the secretary of the highway and transportation department or his designee" and substituted "or surveying services" for "and surveying services" in the first sentence.
NM Stat § 13-1-123 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-123 - Architectural, engineering, landscape architectural and surveying contracts.

A. All contracts between a state agency and an architect for the construction of new buildings or for the remodeling or renovation of existing buildings shall contain the provision that all designs, drawings, specifications, notes and other work developed in the performance of the contract are the sole property of this state. B. All documents, including drawings and specifications, prepared by the architect, engineer, landscape architect or surveyor are instruments of professional service. If the plans and specifications developed in the performance of the contract shall become the property of the contracting agency upon completion of the work, the contracting agency agrees to hold harmless, indemnify and defend the architect, engineer, landscape architect or surveyor against all damages, claims and losses, including defense costs, arising out of any reuse of the plans and specifications without the written authorization of the architect, engineer, landscape architect or surveyor. C. A copy of all designs, drawings and other materials which are the property of this state shall be transmitted to the contracting agency. The contracting agency shall index these materials, and a copy of the index shall be provided to the records center. History: Laws 1984, ch. 65, § 96; 1989, ch. 69, § 15. ANNOTATIONSCross references. — For property control division generally, see Chapter 15, Article 3B NMSA 1978.
NM Stat § 13-1-124 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-124 - Architect rate schedule.

The secretary shall adopt by regulation an architect rate schedule which shall set the highest permissible rates for each building-type group, which shall be defined in the regulations. The rate schedule shall be in effect upon the approval of the state board of finance and compliance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] and shall apply to all contracts between a state agency and an architect which are executed after the effective date of the architect rate schedule. History: Laws 1984, ch. 65, § 97. ANNOTATIONSCross references. — For state board of finance generally, see Chapter 6, Article 1 NMSA 1978.
NM Stat § 13-1-124.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-124.1 - Short title.

Sections 13-1-124.1 through 13-1-124.5 NMSA 1978 may be cited as the "Educational Facility Construction Manager At Risk Act". History: Laws 2007, ch. 141, § 3. ANNOTATIONSEmergency clause. — Laws 2007, ch. 141, § 10 contained an emergency clause and was approved on April 2, 2007.
NM Stat § 13-1-124.2 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-124.2 - Applicability.

The provisions of the Educational Facility Construction Manager At Risk Act [13-1-124.1 to 13-1-124.5 NMSA 1978] apply to contracts for the construction of educational facilities if the governing body chooses, pursuant to the provisions of that act, to use the services of a construction manager at risk. History: Laws 2007, ch. 141, § 4. ANNOTATIONSEmergency clause. — Laws 2007, ch. 141, § 10 contained an emergency clause and was approved on April 2, 2007.