reglab/housing_qa huggingface dataset:
NM Stat § 13-1-163 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-163 - Committee powers and duties; special committees; annual report.

A. The committee shall prepare standards, specifications and a list of acceptable brand-name items and shall seek the advice and assistance of state agencies and local public bodies to ascertain their common and special requirements. B. The committee shall develop model specifications for all state agencies and local public bodies. C. The committee shall assist the state purchasing agent in the preparation of rules and regulations. D. The committee shall appoint special committees consisting of representatives of state departments, local public bodies and private industry, including technical consultants, for the study of any commodity or commodity group whenever such appointment is necessary or reasonable. The special committee shall automatically dissolve upon the completion of its specific task. E. The committee and special committees may make use of the laboratories, engineering facilities and technical staff of any state department or agency, including educational institutions, in connection with the performance of their duties. F. The state purchasing agent shall report annually to the secretary on the work done by the committee and its special committees during the calendar year. The report shall be made available to the legislature by delivering a copy to the legislative finance committee prior to the beginning of each annual legislative session. G. No standard, specification, acceptable brand list, rule or regulation recommended by the committee shall be construed to alter the authority of any state agency or local public body. History: Laws 1984, ch. 65, § 136.
NM Stat § 13-1-164 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-164 - Specifications; maximum practicable competition.

All specifications shall be drafted so as to ensure maximum practicable competition and fulfill the requirements of state agencies and local public bodies. In preparing specifications, if, in the opinion of the state purchasing agent or central purchasing office, a proposed component is of a nature that would restrict the number of responsible bidders or responsible offerors and thereby limit competition, if practicable, the state purchasing agent or central purchasing office shall draft the specifications without the component and procure the component by issuing a separate invitation for bids or request for proposals or by entering into a sole source procurement. History: Laws 1984, ch. 65, § 137; 2007, ch. 345, § 2. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, provided that in preparing specifications, the state purchasing agent or central purchasing office shall not include any specific component that would limit competition.
NM Stat § 13-1-165 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-165 - Brand-name specification; use.

A brand-name specification may be used only when the state purchasing agent or a central purchasing office makes a determination that only the identified brand-name item or items will satisfy the needs of the state agency or a local public body. History: Laws 1984, ch. 65, § 138.
NM Stat § 13-1-166 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-166 - Brand-name specification; competition.

The state purchasing agent or a central purchasing office shall seek to identify sources from which the designated brand-name items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable. If only one source can supply the requirement, the procurement shall be made under Section 99 [13-1-126 NMSA 1978] of the Procurement Code. History: Laws 1984, ch. 65, § 139.
NM Stat § 13-1-167 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-167 - Brand-name or equal specification; required characteristics.

Unless the state purchasing agent or a central purchasing office makes a determination that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand-name or equal specifications shall include a description of the particular design, function or performance characteristics which are required. History: Laws 1984, ch. 65, § 140.
NM Stat § 13-1-168 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-168 - Brand-name or equal specification; required language.

Where a brand-name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. History: Laws 1984, ch. 65, § 141.
NM Stat § 13-1-169 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-169 - Purchase request; specifications; purchase orders.

A. All using agency requests for procurement shall contain: (1) a statement of need and the general characteristics of the item, construction or service desired; and (2) a statement of the quantity desired and a general statement of quality. B. The central purchasing office may consolidate procurements and may contract for items of tangible personal property or services at a firm price at which the items or services needed during the year or portion of a year shall be purchased. History: Laws 1984, ch. 65, § 142.
NM Stat § 13-1-170 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-170 - Uniform contract clauses.

A. A state agency, local public body or central purchasing office with the power to issue regulations may require by regulation that contracts include uniform clauses providing for termination of contracts, adjustments in prices, adjustments in time of performance or other contract provisions as appropriate, including but not limited to the following subjects: (1) the unilateral right of a state agency or a local public body to order in writing: (a) changes in the work within the scope of the contract; and (b) temporary stoppage of the work or the delay of performance; (2) variations occurring between estimated quantities of work in a contract and actual quantities; (3) liquidated damages; (4) permissible excuses for delay or nonperformance; (5) termination of the contract for default; (6) termination of the contract in whole or in part for the convenience of the state agency or a local public body; (7) assignment clauses providing for the assignment by the contractor to the state agency or a local public body of causes of action for violation of state or federal antitrust statutes; (8) identification of subcontractors by bidders in bids; and (9) uniform subcontract clauses in contracts. B. A state agency, local public body or central purchasing office with the power to issue regulations shall require by regulation that contracts include a clause imposing late payment charges against the state agency or local public body in the amount and under the conditions stated in Section 13-1-158 NMSA 1978. History: Laws 1984, ch. 65, § 143; 1997, ch. 104, § 2; 1997, ch. 222, § 2. ANNOTATIONSThe 1997 amendment, effective June 20, 1997, designated the introductory language as Subsection A, redesignated former Subsections A to I as Paragraphs A(1) to A(9), redesignated former Paragraphs A(1) and A(2) as Subparagraphs A(1)(a) and A(1)(b), and added Subsection B. Laws 1997, ch. 104, § 2 and Laws 1997, ch. 222, § 2 enacted identical amendments to this section. Termination for convenience clause. — Where the city of Albuquerque contracted with plaintiff to be the primary supplier of certain fuels to the city's fleet management division, the city did not wrongfully terminate the contract when plaintiff was unable to meet the city's fuel needs, where the evidence established that the city terminated the contract for default and convenience, and where the contract specifically stated that the city may terminate the contract at any time by giving plaintiff at least thirty days notice in writing of such termination; the city was not required to have any good cause or persuasive reason for terminating the contract. MB Oil Ltd., Co. v. City of Albuquerque, 2016-NMCA-090.
NM Stat § 13-1-171 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-171 - Price adjustments.

Adjustments in price shall be computed in one or more of the following ways as specified in the contract: A. by agreement on a fixed-price adjustment before commencement of performance or as soon thereafter as practicable; B. by unit prices specified in the contract or subsequently agreed upon by the parties; C. by the costs attributable to the events or conditions as specified in the contract or subsequently agreed upon by the parties; D. by a provision for both upward and downward revision of stated contract price upon the occurrence of specified contingencies if the contract is for commercial items sold in substantial quantities to the general public with prices based upon established catalogue or list prices in a form regularly maintained by the manufacturer or vendor and published or otherwise available for customer inspection. In the event of revision of the stated contract price, the contract file shall be promptly documented by the state purchasing agent or central purchasing office; E. in such other manner as the contracting parties may mutually agree; or F. in the absence of agreement by the parties, by a unilateral determination reasonably computed by the state agency or a local public body of the costs attributable to the events or conditions. History: Laws 1984, ch. 65, § 144; 1987, ch. 348, § 18.
NM Stat § 13-1-172 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-172 - Right to protest.

Any bidder or offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the state purchasing agent or a central purchasing office. The protest shall be submitted in writing within fifteen calendar days after knowledge of the facts or occurrences giving rise to the protest. History: Laws 1984, ch. 65, § 145; 1987, ch. 348, § 19. ANNOTATIONSAppellate review of administrative protest. — 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), who were given authority to resolve protests pursuant to § 13-1-174, and therefore constituted an administrative tribunal whose decision was appealable, as provided by § 13-1-183, 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. Adequate legal remedy. — The Procurement Code provides an adequate legal remedy to disappointed bidders by giving them the right to protest pursuant to § 13-1-172 and the statutory remedy of judicial review pursuant to § 13-1-183. State ex rel. Educ. Assessments Sys., Inc. v. Coop. Educ. Servs. of N.M., 1993-NMCA-024, 115 N.M. 196, 848 P.2d 1123. An important goal of the Procurement Code is that protests are to be made and resolved quickly and in furtherance of protecting the public fisc and of assuring the fairness of the procurement process. James Hamilton Constr. Co. v. State ex rel. State Highway & Transp. Dep't, 2003-NMCA-067, 133 N.M. 627, 68 P.3d 173; cert. quashed, 82 P.3d 534. Triggering event. — It is clear from both this section and related regulations that the triggering event for the 15-day protest period is the knowledge of facts or occurrences giving rise to the protest during the entire procurement process, regardless of whether the protestant is protesting the solicitation, bid, or award process. James Hamilton Constr. Co. v. State ex rel. State Highway & Transp. Dep't, 2003-NMCA-067, 133 N.M. 627, 68 P.3d 173; cert. quashed, 82 P.3d 534. Knowledge. — This section does not limit knowledge of the facts to actual knowledge, but rather "knowledge" in this section can properly be construed as constructive as well as actual knowledge. James Hamilton Constr. Co. v. State ex rel. State Highway & Transp. Dep't, 2003-NMCA-067, 133 N.M. 627, 68 P.3d 173; cert. quashed, 82 P.3d 534. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts § 83; 144 to 146. Standing of disappointed bidder on public contract to seek damages under 42 U.S.C.S. § 1983 for public authorities' alleged violation of bidding procedures, 86 A.L.R. Fed. 904.
NM Stat § 13-1-173 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-173 - Procurements after protest.

In the event of a timely protest under Section 145 [13-1-172 NMSA 1978] of the Procurement Code, the state purchasing agent or a central purchasing office shall not proceed further with the procurement unless the state purchasing agent or a central purchasing office makes a determination that the award of the contract is necessary to protect substantial interests of the state agency or a local public body. History: Laws 1984, ch. 65, § 146. ANNOTATIONSAn important goal of the Procurement Code is that protests are to be made and resolved quickly and in furtherance of protecting the public fisc and of assuring the fairness of the procurement process. James Hamilton Constr. Co. v. State ex rel. State Highway & Transp. Dep't, 2003-NMCA-067, 133 N.M. 627, 68 P.3d 173; cert. quashed, 82 P.3d 534.
NM Stat § 13-1-174 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-174 - Authority to resolve protests.

The state purchasing agent, a central purchasing office or a designee of either shall have the authority to take any action reasonably necessary to resolve a protest of an aggrieved bidder or offeror. This authority shall be exercised in accordance with regulations promulgated by the secretary, a local public body or a central purchasing office which has the authority to issue regulations but shall not include the authority to award money damages or attorneys' fees. History: Laws 1984, ch. 65, § 147; 1987, ch. 348, § 20. ANNOTATIONSAppellate review of administrative protest. — 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), who were given authority to resolve protests pursuant to § 13-1-174, and therefore constituted an administrative tribunal whose decision was appealable, as provided by § 13-1-183, 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. An important goal of the Procurement Code is that protests are to be made and resolved quickly and in furtherance of protecting the public fisc and of assuring the fairness of the procurement process. James Hamilton Constr. Co. v. State ex rel. State Highway & Transp. Dep't, 2003-NMCA-067, 133 N.M. 627, 68 P.3d 173; cert. quashed, 82 P.3d 534.
NM Stat § 13-1-175 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-175 - Protest; determination.

The state purchasing agent, a central purchasing office or a designee of either shall promptly issue a determination relating to the protest. The determination shall: A. state the reasons for the action taken; and B. inform the protestant of the right to judicial review of the determination pursuant to Section 156 [13-1-183 NMSA 1978] of the Procurement Code. History: Laws 1984, ch. 65, § 148. ANNOTATIONSAn important goal of the Procurement Code is that protests are to be made and resolved quickly and in furtherance of protecting the public fisc and of assuring the fairness of the procurement process. James Hamilton Constr. Co. v. State ex rel. State Highway & Transp. Dep't, 2003-NMCA-067, 133 N.M. 627, 68 P.3d 173; cert. quashed, 82 P.3d 534.
NM Stat § 13-1-176 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-176 - Protest; notice of determination.

A copy of the determination issued under Section 148 [13-1-175 NMSA 1978] of the Procurement Code shall immediately be mailed to the protestant and other bidders or offerors involved in the procurement. History: Laws 1984, ch. 65, § 149.
NM Stat § 13-1-177 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-177 - Authority to suspend or debar.

A. The state purchasing agent or a central purchasing office, after consultation with the using agency, may suspend a person from consideration for award of contracts if the state purchasing agent or central purchasing office, after reasonable investigation, finds that a person has engaged in conduct that constitutes cause for debarment pursuant to Section 13-1-178 NMSA 1978. B. The term of a suspension pursuant to this section shall not exceed three months; however, if a person, including a bidder, offeror or contractor, has been charged with a criminal offense that would be a cause for debarment pursuant to Section 13-1-178 NMSA 1978, the suspension shall remain in effect until the criminal charge is resolved and the person is debarred or the reason for suspension no longer exists. C. The state purchasing agent or a central purchasing office, after reasonable notice to the person involved, shall have authority to recommend to the governing authority of a state agency or a local public body the debarment of a person for cause from consideration for award of contracts, other than contracts for professional services. The debarment shall not be for a period of more than three years. The authority to debar shall be exercised by the governing authority of a state agency or a local public body in accordance with rules that shall provide for reasonable notice and a fair hearing prior to debarment. D. As used in this section, the terms "person", "bidder", "offeror" and "contractor" include principals, officers, directors, owners, partners and managers of the person, bidder, offeror or contractor. History: Laws 1984, ch. 65, § 150; 2013, ch. 41, § 2. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized suspension based on charges of civil violations and criminal offenses that are causes for debarment; provided the periods of suspension based on charges of civil violations and criminal offenses; added Subsections A and B; in the first sentence of Subsection C, deleted "business" and added "person", in the second sentence, after "three years", deleted "and a suspension shall not exceed three months", and in the third sentence, after "authority to debar", deleted "or suspend", after "in accordance with", deleted "regulations which" and added "rules that", and after "hearing prior to", deleted "suspension or"; and added Subsection D.
NM Stat § 13-1-179 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-179 - Debarment or suspension; determination.

The governing authority of a state agency or a local public body shall issue a written determination to debar or suspend. The determination shall: A. state the reasons for the action taken; and B. inform the debarred or suspended business involved of its rights to judicial review pursuant to Section 156 [13-1-183 NMSA 1978] of the Procurement Code. History: Laws 1984, ch. 65, § 152.
NM Stat § 13-1-180 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-180 - Debarment or suspension; notice of determination.

A copy of the determination made pursuant to Section 13-1-179 NMSA 1978 shall be: A. mailed to the last known address on file with the state purchasing agent or central purchasing office, by first class mail, within three business days after issuance of the written determination; or B. transmitted electronically within three business days after issuance of the written determination. History: Laws 1984, ch. 65, § 153; 2013, ch. 41, § 4. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, authorized notice of debarment or suspension to be sent by mail or electronic transmission; in the introductory sentence, after "determination", deleted "under" and added "made pursuant to", after "Section", deleted "152 of the Procurement Code" and added "13-1-179 NMSA 1978" and after "shall", deleted "immediately be mailed to the debarred or suspended business" and added "be"; and added Subsections A and B.
NM Stat § 13-1-180.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-180.1 - Continuation of current contracts; restrictions on subcontracting.

A. Notwithstanding the debarment, suspension or proposed debarment of a person, a state agency or local public body may continue contracts or subcontracts in existence at the time that the person is debarred, suspended or proposed for debarment unless the governing authority of the state agency or local public body directs otherwise. B. Unless the governing authority of a state agency or local public body issues a written determination based on compelling reasons holding otherwise, a person that has been debarred or suspended or whose debarment has been proposed shall not, after the date that the person is debarred, suspended or proposed for debarment: (1) incur financial obligations, including those for materials, services and facilities, unless the person is specifically authorized to do so under the terms and conditions of the person's contract; or (2) extend the duration of the person's contract by adding new work, by exercising options or by taking other action. C. Unless pursuant to written authorization based on the compelling reasons of the governing authority of a state agency or local public body, the state purchasing agent or a central purchasing office shall not consent to enter a subcontract subject to the Procurement Code with a person that has been debarred, suspended or proposed for debarment. D. A person that has entered into a contract subject to the Procurement Code shall not subcontract with another person that has been debarred, suspended or proposed for debarment without the written authorization of the state purchasing agent or a central purchasing office. A person that wishes to subcontract with another person that has been debarred, suspended or proposed for debarment shall make a request to the applicable state agency or local public body that includes the following: (1) the name of the proposed subcontractor; (2) information about the proposed subcontractor's debarment, suspension or proposed debarment; (3) the requester's compelling reasons for seeking a subcontract with the proposed subcontractor; and (4) a statement of how the person will protect the interests of the state agency or local public body considering the proposed subcontractor's debarment, suspension or proposed debarment. History: Laws 2013, ch. 41, § 5. ANNOTATIONSEffective dates. — Laws 2013, ch. 41 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature. Compiler'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.