reglab/housing_qa huggingface dataset:
NM Stat § 13-1-143 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-143 - Cost or pricing data; price adjustment provision required.

Any contract award, change order or contract modification under which the submission and certification of cost or pricing data are required shall contain a provision stating that the price to the state agency or a local public body, including profit or fee, shall be adjusted to exclude any significant sums by which the state agency or a local public body reasonably finds that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete or not current as of the date specified. History: Laws 1984, ch. 65, § 116.
NM Stat § 13-1-144 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-144 - Cost or price analysis.

A cost analysis or a price analysis, as appropriate, may be conducted prior to the award of a contract other than one awarded by competitive sealed bidding. A written record of such cost or price analysis shall be made a part of the procurement file. History: Laws 1984, ch. 65, § 117.
NM Stat § 13-1-145 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-145 - Cost principles; regulations.

The secretary, a local public body or a central purchasing office which has the authority to issue regulations may promulgate regulations setting forth principles to be used to determine the allowability of incurred costs for the purpose of reimbursing costs to a contractor. History: Laws 1984, ch. 65, § 118.
NM Stat § 13-1-146 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-146 - Requirement for bid security.

Bid security shall be required of bidders or offerors for construction contracts when the price is estimated by the procurement officer to exceed twenty-five thousand dollars ($25,000). Bid security in an amount equal to at least five percent of the amount of the bid shall be a bond provided by a surety company authorized to do business in this state, or the equivalent in cash, or otherwise supplied in a form satisfactory to the state agency or a local public body. History: Laws 1984, ch. 65, § 119; 2007, ch. 141, § 9. ANNOTATIONSThe 2007 amendment, effective April 2, 2007, eliminates the provision that required bid security only for construction contracts procured by competitive sealed bid. Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts § 59. 72 Supp. C.J.S. Public Contracts §§ 41 to 43.
NM Stat § 13-1-146.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-146.1 - Directed suretyship prohibited; penalty.

A. Except to the extent necessary to ensure that a surety company meets the requirements of Subsection A of Section 13-4-18 NMSA 1978, an employee of the state or its political subdivisions, or a person acting or purporting to act on behalf of that employee, shall not require a bidder or an offeror in a procurement for a construction contract pursuant to the Procurement Code to make application or furnish financial data for a surety bond or to obtain a surety bond from a particular surety company, insurance company, broker or agent in connection with the bid or proposal. B. A person who violates Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978. History: Laws 2003, ch. 305, § 1. ANNOTATIONSCross references. — For construction contract performance and payment bonds, see 13-4-18 NMSA 1978. Effective dates. — Laws 2003, ch. 305 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
NM Stat § 13-1-147 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-147 - Bid security; rejection of bids.

A. When the invitation for bids requires bid security, noncompliance by the bidder requires that the bid be rejected. B. If a bidder is permitted to withdraw its bid before award, no action shall be had against the bidder or the bid security. History: Laws 1984, ch. 65, § 120.
NM Stat § 13-1-148 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-148 - Bid and performance bonds; additional requirements.

A. Bid and performance bonds or other security may be required for contracts for items of tangible personal property or services as the state purchasing agent or a central purchasing office deems necessary to protect the interests of the state agency or a local public body. Any such bonding requirements shall not be used as a substitute for a determination of the responsibility of a bidder or offeror. B. As to performance and payment bonds for construction contracts, see the requirements of Section 13-4-18 NMSA 1978. History: Laws 1984, ch. 65, § 121; 1987, ch. 348, § 13.
NM Stat § 13-1-148.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-148.1 - Bonding of subcontractors.

A subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor's contract for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more. History: Laws 2005, ch. 99, § 1; 2007, ch. 265, § 1. ANNOTATIONSCross references. — For the definition of a state public works project, see 13-1-91 NMSA 1978. For the definition of a local public works project, see 13-1-66.1 NMSA 1978. The 2007 amendment, effective July 1, 2007, increased the minimum contract amount from $50,000 to $125,000. Applicability. — Section 13-1-148.1 NMSA 1978 applies only to a subcontractor that contracts directly with the primary contractor and only to subcontractor contracts that were executed after the effective date of Section 13-1-148.1 NMSA 1978. 2005 Op. Att'y Gen. No. 05-02.
NM Stat § 13-1-149 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-149 - Types of contracts.

Subject to the limitations of Sections 123 through 127 [13-1-150 to 13-1-154 NMSA 1978] of the Procurement Code, any type of contract, including but not limited to definite quantity contracts, indefinite quantity contracts and price agreements, which will promote the best interests of the state agency or a local public body may be used; provided that the use of a cost-plus-a-percentage-of-cost contract is prohibited except for the purchase of insurance. A cost-reimbursement contract may be used when such contract is likely to be less costly or it is impracticable to otherwise obtain the services, construction or items of tangible personal property required. History: Laws 1984, ch. 65, § 122. ANNOTATIONSCross references. — For public works contracts, see Chapter 13, Article 4 NMSA 1978. Option for exempt agencies or public bodies. — When the state purchasing agent has entered into a contract which permits, but does not require, those state agencies or local public bodies not under the supervision of the agent to purchase under the contract, the purchases may be made by submission to bids, purchasing under the state purchasing agent contract or purchasing from any other vendor, provided the price obtained, etc., is equal to or better than the terms of the contract. 1969 Op. Att'y Gen. No. 69-113. When manner of delivery or charging immaterial. — Because it is the responsibility of the state purchasing agent to reduce, to the maximum extent possible, the number of purchase transactions by combining into bulk orders and contracts the requirements of all state agencies for common-use items or items repetitively purchased, the fact that it may be delivered in small quantities and charged as delivered through the use of credit cards seems immaterial. 1968 Op. Att'y Gen. No. 68-8.
NM Stat § 13-1-151 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-151 - Multi-term contracts; determination prior to use.

Prior to the utilization of a multi-term contract, the state purchasing agent or the central purchasing office involved shall make a determination that: A. the estimated requirements cover the period of the contract and are reasonably firm and continuing; and B. the contract will serve the best interests of the state agency or a local public body. History: Laws 1984, ch. 65, § 124.
NM Stat § 13-1-152 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-152 - Multi-term contracts; cancellation due to unavailability of funds.

When funds are not appropriated or otherwise made available to support continuation of performance of a multi-term contract in a subsequent fiscal period, the contract shall be cancelled. History: Laws 1984, ch. 65, § 125.
NM Stat § 13-1-152.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-152.1 - Water storage tank service contracts.

A municipality may, by direct negotiation subsequent to receiving responses to requests for proposals, enter into a multiyear service contract for the engineering, repair and maintenance of a water storage tank and the appurtenant facilities owned, controlled or operated by the municipality; provided that the contract for services includes provisions that: A. provide that the municipality is not required to make total payments in a single year that exceed the water utility charges received by the municipality for that year; B. require that the work be performed under the review of a professional engineer licensed in New Mexico who certifies that the work will be performed in compliance with all applicable codes and engineering standards; and C. provide that if, on the date of commencement of the contract, the water storage tank or appurtenant facilities require engineering, repair or service in order to bring the tank or facilities into compliance with federal, state or local requirements, the party contracting with the municipality shall provide the engineering, repair or service and that the cost of the work necessary to ensure such compliance shall be itemized separately and charged to the municipality in payments spread over a period of not less than three years from the date of commencement of the contract. History: Laws 2013, ch. 164, § 1. ANNOTATIONSEffective dates. — Laws 2013, ch. 164, § 2 provided that Laws 2013, ch. 164, § 1 was effective July 1, 2013.
NM Stat § 13-1-153 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-153 - Multiple source award; limitations on use.

A multiple source award may be made pursuant to Section 13-1-110 NMSA 1978 or Section 1 of this 2007 act when awards to two or more bidders or offerors are necessary for adequate delivery or service. Multiple source awards shall not be made when a single award will meet the needs of the state agency or a local public body without sacrifice of economy or service. Awards shall be limited to the least number of suppliers in one geographical area necessary to meet the requirements of the state agency or a local public body. A multiple source award shall be based upon the lowest responsible bid or proposal received in each geographical area unless the award is made in response to a qualifications-based proposal. History: Laws 1984, ch. 65, § 126; 2007, ch. 312, § 5. ANNOTATIONSThe 2007 amendment, effective July 1, 2007, changed the statutory reference and provided that a multiple source award shall be based on the lowest bid or proposal unless the award is made in response to a qualifications-based proposal.
NM Stat § 13-1-154 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-154 - Multiple source award; determination required.

The state purchasing agent or central purchasing office shall make a determination setting forth the reasons for a multiple source award. History: Laws 1984, ch. 65, § 127.
NM Stat § 13-1-155 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-155 - Procurement of used items; appraisal required; county road equipment exception for auctions.

A. A central purchasing office, when procuring used items of tangible personal property the estimated cost of which exceeds five thousand dollars ($5,000), shall request bids as though the items were new, adding specifications that permit used items under conditions to be outlined in the bid specifications, including but not limited to requiring a written warranty for at least ninety days after date of delivery and an independent "certificate of working order" by a qualified mechanic or appraiser. B. Notwithstanding the provisions of Subsection A of this section, the purchasing office for a county may purchase, at public or private auctions conducted by established, recognized commercial auction companies, used heavy equipment, having an estimated cost that exceeds five thousand dollars ($5,000), for use in construction and maintenance of county streets, roads and highways, subject to the following provisions: (1) the commercial auction company shall have been in business for at least three years preceding the date of purchase and shall conduct at least five auctions annually; (2) the value of each piece of equipment shall be appraised prior to the auction by a qualified disinterested appraiser retained and paid by the county, who shall make a written appraisal report stating the basis for the appraisal, including the age, condition and comparable sales, and stating that the appraiser has exercised his independent judgment without prior understanding or agreement with any person as to a target value or range of value; (3) an independent "certificate of working condition" shall be obtained prior to the auction from a qualified mechanic who shall have made a detailed inspection of each major working or major functional part and certified the working condition of each; and (4) the price paid, including all auction fees and buyer's surcharges, shall not exceed the appraised value. History: Laws 1984, ch. 65, § 128; 1987, ch. 348, § 15; 1995, ch. 197, § 1. ANNOTATIONSThe 1995 amendment, effective June 16, 1995, added "county road equipment exception for auctions" to the section heading, inserted the Subsection A designation, and added Subsection B.
NM Stat § 13-1-156 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-156 - Trade or exchange of used items; appraisal required.

A. A central purchasing office, when trading in or exchanging used items of tangible personal property the estimated value of which exceeds five thousand dollars ($5,000) as part-payment on the procurement of new items of tangible personal property, shall: (1) have an independent appraisal made of the items to be traded in or exchanged. The appraisal shall be in writing, shall be made part of the procurement file and shall be a public record. The invitation for bids or request for proposals shall contain notice to prospective bidders or offerors of the description and specifications of the items to be traded in or exchanged, the appraised value of the items to be traded in or exchanged and the location where the items to be traded in or exchanged may be inspected; or (2) have two written quotes for purchase of the property at a specified price. B. Award shall be based upon the net bid. Bidders or offerors shall compute their net bid or offer by deducting the appraised value or highest quote of the items to be traded in or exchanged from the gross bid or offer on the new items of tangible personal property to be procured. If an amount offered in trade is less than the appraised value or the highest quote but is found to be a fair reflection of the current market, representative of the condition of the items of tangible personal property and in the best interest of the agency, the bid or offer may be accepted. Documentation of the terms of acceptance shall be in writing, shall be made a part of the procurement file and shall be a public record. History: Laws 1984, ch. 65, § 129; 1987, ch. 348, § 16.
NM Stat § 13-1-156.1 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-156.1 - Trade, exchange or disposal of tangible personal property; state-owned railroad.

A. In addition to other methods of disposal authorized by law, the tangible personal property of a state-owned railroad may be traded or exchanged for new items of tangible personal property, or disposed of, by the department of transportation or a local public body that manages the railroad, if authorized by the department of transportation pursuant to the provisions of this section. The central purchasing office may require in a request for proposals that quotes be submitted for the purchase or disposal of the tangible personal property to be traded in, exchanged or disposed of. The tangible personal property may be traded, exchanged or disposed of pursuant to the terms of the contract with the responsible offeror who is awarded the contract if an amount offered in trade or exchange, or amount for disposal, in the proposal is found by the central purchasing office to be: (1) a fair reflection of the current market value; (2) representative of the condition of the tangible personal property; (3) in the best interest of the agency; and (4) included as an itemized adjustment in the price in the case of a trade or exchange, or itemized cost in the case of disposal. B. All terms of the trade, exchange or disposal of the items of tangible personal property shall be part of the contract. History: Laws 2013, ch. 149, § 1. ANNOTATIONSEffective dates. — Laws 2013, ch. 149 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. 149, § 1 was erroneously compiled as 13-1-56.1 NMSA 1978 and has been recompiled as 13-1-156.1 NMSA 1978 by the compiler.
NM Stat § 13-1-157 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-157 - Receipt; inspection; acceptance or rejection of deliveries.

The using agency is responsible for inspecting and accepting or rejecting deliveries. The using agency shall determine whether the quantity is as specified in the purchase order or contract and whether the quality conforms to the specifications referred to or included in the purchase order or contract. If inspection reveals that the delivery does not conform to the quantity or quality specified in the purchase order or contract, the using agency shall immediately notify the central purchasing office. The central purchasing office shall notify the vendor that the delivery has been rejected and shall order the vendor to promptly make a satisfactory replacement or supplementary delivery. In case the vendor fails to comply, the central purchasing office shall have no obligation to pay for the nonconforming items of tangible personal property. If the delivery does conform to the quantity and quality specified in the purchase order or contract, the using agency shall certify to the central purchasing office that delivery has been completed and is satisfactory. History: Laws 1984, ch. 65, § 130.
NM Stat § 13-1-159 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-159 - Right to inspect plant.

A contract or a solicitation therefor may include a provision permitting a state agency or a local public body, at reasonable times, to inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded. History: Laws 1984, ch. 65, § 132.
NM Stat § 13-1-160 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-160 - Audit of cost or pricing data.

A state agency or a local public body may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data, to the extent that such books and records relate to such cost or pricing data. Any person who receives a contract, change order or contract modification for which cost or pricing data is required shall maintain books and records that relate to such cost or pricing data for three years from the date of final payment under the contract unless a shorter period is otherwise authorized in writing. History: Laws 1984, ch. 65, § 133.
NM Stat § 13-1-161 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-161 - Contract audit.

A state agency or a local public body shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price contract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing. History: Laws 1984, ch. 65, § 134.
NM Stat § 13-1-162 (2021)
2021 New Mexico Statutes|Chapter 13 - Public Purchases and Property|Article 1 - Procurement|Section 13-1-162 - State procurement standards and specifications committee; terms; staff.

A. There is created a "state procurement standards and specifications committee." The state purchasing agent is a member and the chairman of the committee. B. The committee consists of eleven members knowledgeable in procurement procedures, appointed by the secretary with the approval of the governor as follows: (1) one representative of the state highway department; (2) one representative of the health and environment department; (3) one representative of the corrections department; (4) one person who is an elected county official or is a full-time county employee; (5) one person who is an elected municipal official or is a full-time municipal employee; (6) one person who is an elected district school board member or is a full-time school employee; (7) two persons representing other state departments; and (8) two persons representing the private sector. C. The terms of all committee members are limited to the term of the governor under whom they were appointed; provided, however, that the terms of the county, municipal and district school board members are further conditioned upon their continuing service with the local governing body which qualified their appointment. D. The state purchasing agent shall provide the necessary staff for the committee. History: Laws 1984, ch. 65, § 135. ANNOTATIONSCompiler's notes. — Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978, relating to the health and environment department, referred to in this section, and enacted a new 9-7-4 NMSA 1978, which created the department of health. Laws 1991, ch. 25, § 4 created the department of environment. See 9-7A-1 NMSA 1978 et seq.